Issue Date: 
Thursday, October 31, 2019

Is it compulsory to sub-contract part of the tender?

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

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 which came into effect on 1 April 2017.  Many entrepreneurs ask us whether they should sub-contract or not, when responding to a tender.

Regulation 9 of The Preferential Procurement Regulations 2017, stipulates the following:

  1. 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.
  2.  The Organ of State must advertise this specific tender condition that the successful bidder must sub-contract at a minimum of 30% (of the value of the contract) to (one or more) to an EME or QSE which is at least 51% owned by:
    1. black people;
    2. black people who are youth;
    3. black people who are women;
    4. black people with disabilities;
    5. black people living in rural or under develop areas or townships;
    6. black people who are military veterans;
    7. A cooperative which is at least 51% owned by black people;
  3. In paragraph 3 of Regulation 9 it also states that the Organ of State must make available the list of all suppliers registered on a database approved by the National Treasury to provide the required goods or services in respect of the applicable designated groups mentioned above from which the bidder must select a supplier.

Regulation 9 is very clear because its states “the tenderer MUST sub-contract…” Thus, according to the Regulations all contracts with a value of R30 million and above will have to comply with this Regulation.  Read the tender document carefully because somewhere in the tender document it will stipulate whether the bidder will have to sub-contract.  Follow those rules.  If the tender document does not contain any sub-contracting instructions, then it is not necessary to sub-contract.

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

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 https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@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.

Title Closing Date Tender No.
Department of Health: Dundee Regional: Upgrades and renovations to Dundee regional laundry. Only bidders who are 6GB and above will legible to bid. 2020-08-03 11:00 ZNTL 02400W: WIMS 055041
Goodwood: Correctional Centre: Intergrated Security Systems (ISS) Appointment of Electrical Engineer: 36 Months: Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1003 / 20
Cape Town: Parliamentary Villages: Appointment of a specialised deep cleaning contractor for a period of 24 mnoths: Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1004 / 20
Malmesbury : Correctional Centre : Intergrated Security Systems (ISS) Appointment of Electrical Engineer : 36 Months : Only BBBEE Level 1 & 2 2020-07-31 11:00 CPT1002 / 20
RFB 2190-2020: Provision of hygiene services to SITA Erasmuskloof, Centurion, Numerus and Beta buildings for a period of 36 months. 2020-07-31 11:00 RFB 2190- 2020
RFB 2147-2020: Provide Maintenance and Support of Video Conferencing Equipment and related Software to Department of Correctional Services (DCS) for a period of twelve (12) months. 2020-07-31 11:00 RFB 2147- 2020
Appointment of a service provider to deliver cleaning services to SITA Mpumalanga buildings (Nelspruit and Middelburg) for a period of 36 months. 2020-07-31 11:00 RFB 2173/ 2020
Request to place and advertisement of the Bid: RTMC BID 04/2020/21 for appointment of a service provider to provide security services at RTMC Colleges (Boekenhoutkloof and Denel Campus) and Head Office (Eco Park, Centurion) for a period of two (2) years 2020-08-05 11:00 RTMC BID 04/ 2020/ 21
Request to place and advertisement of the Bid: RTMC BID 02/2020/21 for appointment of a panel for Information Technology and related services for a period of five (5) years 2020-08-04 11:00 RTMC BID 02/ 2020/ 21
Appointment of a service provider to intergrate gender based violence (GBV) system and victims empowerment (VEP) system to enable the information exchange between the intergrated justice system (IJS) cluster departments 2020-07-31 11:00 SD04/ 2020
Appointment of a service provider to develop an alternative care management system 2020-07-31 11:00 SD05/ 2020
Department of Public Works: Harry Gwala District Office, 2 Margaret Street: Ixopo: Provision of Security Service for the period of 36 months 2020-08-13 11:00 ZNT 2955W
Appointment of a service provider for facility management services at a detention facility for illegal immigrants pending deportation to their countries of origin by the Department of Home Affairs for a period of sixty (60) months. 2020-08-07 11:00 DHA10- 2020
To supply and fitting of Steel Cabinets for Five (5) Hospitality Kitchens. 2020-08-03 11:00 EEC/ T02/ 2020
The provisioning of optometric services and optometric consumables for a period of three (3) years with an option to extend for an additional two (2) years based on performance for Red Cross War Memorial Children’s Hospital (RCWMCH) 2020-08-07 11:00 RCCH07/ 2020
TBH 504/2020: For the installation of waste compacting unit and rendering of a waste compacting and removal service at Tygerberg Hospital for a period of three (3) years 01 September 2020 until 30 August 2023, thereafter on a month-to-month basis not exceeding four (4) months 2020-08-07 11:00 TBH 504/ 2020
Request for proposal for the appointment of strategic investor for the operationalization of Bhambanana abattoir on “operate, train & transfer” principles prequalification criteria 2020-07-30 11:00 DARD11/ 20A
Supply, deliver and offload new tractors and implements at Ethekwini and Ilembe District Offices 2020-07-30 11:00 DARD10/ 20A
Appointment of service provider to oversee the implementation of four (04) Agri-hubs in KwaZulu Natal Province. 2020-07-30 11:00 DARD09/ 20A
For the supply and delivery of frozen vegetable products for the Food Services Department at Tygerberg Hospital for a twelve (12) month period, effective 1 September 2020 until 31 August 2021 with the option to extend on a month to month basis not exceeding four (4) months 2020-08-07 11:00 TBH 306/ 2020

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