Issue Date: 
Wednesday, October 14, 2020

Who is the bidder or his or her representative?

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

In Organ of State tenders, the Standard Bidding Document 4 – Declaration of Inters – ask in paragraph 2.1 the following: “Full name of bidder or his or her representative”. This question causes confusion amongst certain bid responders. To add to the confusion the same document refers to company, directors, trustees and members.

To answer the questions in bid documents correctly bid responders needs to understand the different type of business entities that exists in South Africa. There are many types of business that can be operated and registered. Here is a list of the most common busines types in South Africa:

  1. Sole proprietor / one-man busines

A person can operate a business in his or her own name. The business is not registered as a company or close corporation and the business has no legal power. All the business is done in the name if the owner.

  1. Partnerships

Partnerships are formed between two or more businesspeople who wants to operate a business for profit. There are many forms of partnerships that can be formed:

  • Normal partnerships – are usually formed between professional people such as attorneys or doctors who share office expenses to safe on costs to ensure profits.
  • Joint Ventures – are typically formed between two or three businesses to execute a contract joining their recourses to be more competitive and increasing their changes of being successful.
  • Consortium – a Consortium is typically formed between more than three businesses to execute a contract combining their recourses to be more competitive and increasing their changes of being successful.
  1. Legal entities

Legal entities are formed by shareholders to operate a business for profit. In South Africa there are several legal entities that can be registered at the CIPC (Companies and Intellectual Property Commission):

  • Private Company ((Pty) Ltd) – a Private Company has between 1 and 50 shareholders. It is a legal entity which is managed by directors on behalf of the shareholders. The shareholders can be natural persons or other legal entities. Private Companies need to have a representative who sign contracts and tenders on behalf of the company.
  • Public Company (Ltd) – a Public Company has more than 50 shareholders. It is a legal entity which is managed by directors on behalf of the shareholders. The shareholders can be natural persons or other legal entities. Public Companies need to have a representative who sign contracts and tenders on behalf of the company.
  • Close Corporation (CC) – Close Corporations was formed between 1 and 10 MEMBERS. It is a legal entity which is managed by the members on behalf of the members. The members can only be natural persons. Close Corporations need to have a representative who sign contracts and tenders on behalf of the Close Corporations. Existing Close Corporations can still operate in South Africa but since 2008 one cannot register a new Close Corporation anymore.
  1. Trusts – Business Trusts can be erected to operate a business. A trust is managed by trustees on behalf of its beneficiaries. Business Trusts need to have a representative who sign contracts and tenders on behalf of the Business Trusts.

If the bidder is any of the entities mentioned in points 2 to 4 above, the bidder will have to appoint a representative. The representative is usually the person that has authority to sign tender documents on behalf of the bidding entity.

We hope this brings clarity in responding to tenders.

To learn more about this and many other tender conditions attend our “Become a Tender Expert” 2-Day workshops/webinars 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  estelle@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.

Copyright HowtoTender (Pty) Ltd © 2013 – 2020

Title Closing Date Tender No.
PNQ4 IT HARDWARE. 2021-05-20 10:00 PNQ4 IT HARDWARE
PNQ4 HARDWARE 2021-05-20 10:00 PNQ4 HARDWARE
PNQ4ELECTRICAL 2021-05-20 10:00 PNQ4ELECTRICAL
Supply , Delivery and Off-Loading of Toilet Paper and Hand Towels as From 01 July 2021 – 30 June 2024 2021-05-31 12:00 B/SM 94/21
Sampling and Testing of Potable and Waste Samples in The Stellenbosch Municipal Area for a Contract Period Ending 30 June 2024 2021-06-07 12:00 BSM 100/21
Additions and alterations for Community Development Offices in 21 Simonsberg Street, Stellenbosch 2021-06-07 12:00 B/SM 99/21
Provision of travel management services to the Buffalo City Metropolitan Development Agency Soc Ltd (BCMDA) for a period of 3 years 2021-06-14 12:00 BID 3 OF 2021
Underwriting & Management of Municipal Short Term Insurance & Risk Portfolio: Contract period: 1 July 2021 to 30 June 2022 2021-06-02 12:00 B/SM 102/21
Provision Of Professional Services for the Design, Tender Documentation and Contract Supervision For New Cells and Associated Infrastructure at The Stellenbosch Landfill 2021-06-14 12:00 BSM 98/21
Supply and Delivery Of 100w Lamps: 7258 2021-05-19 11:00 None
Supply and Delivery of Strapping: 10786 2021-05-19 11:00 None
Supply and Delivery of Advanced Multi-Meter. 2021-05-20 11:00 None
Supply and Delivery Of Frl 95 – 240 Mech Sc (5351) 2021-05-20 11:00 11657916
Supply and Delivery of Pole Mount Dome Miniature Circuit Breaker Cover Item: 540 2021-05-24 11:00 None
Tenders are invited for SANA CALIBRATION FOR TESTO SAVERIS 2 DATA LOGGER WIFI SYSTEM. 2021-05-20 11:00 CSQ04212236
Tenders are Invited for the Repair and Replace GC and GC-MS lines as per Specification, available at SCM:Acquisitions, Harrower Road Port Elizabeth. 2021-05-20 11:00 CSQ04212247
Tenders are invited for the Renovation of Extraction System for Chemical Woods as per Specifications, available at SCM: Acquisitions, Harrower Road, Port Elizabeth. 2021-05-20 11:00 CSQ04212247
Tenders are invited for Supply and Delivery of Laboratory Glassware as per Specification, Available at SCM: Acquisitions, Harrower Road, Port Elizabeth. 2021-05-20 11:00 GQ04212772
Tenders are invited for the Purchasing of Microbiological Laboratory Media as per Specification, Available at SCM: Acquisitions, Harrower Road, Port Elizabeth. 2021-05-20 11:00 GQ04212772
Request for Expression of Interest – Air Conditioning Consultancy Firm 2021-05-25 16:00 ADB/EOI/RDGS/2021/0076

Pages

Who is the bidder or his or her representative?

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

In Organ of State tenders, the Standard Bidding Document 4 – Declaration of Inters – ask in paragraph 2.1 the following: “Full name of bidder or his or her representative... Read More

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