Issue Date: 
Thursday, October 31, 2019

Specific tender conditions and Black Ownership

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

This article is about the fine script in tenders or request for proposals that one tends to overlook when confronted with a tender document and deadlines.

The specific fine script that we want to address is where the Organ of State make use of section 2(1) (f) of the Preferential Procurement Policy Framework Act (PPPFA).  This sections states: “the contract must be awarded to the tenderer who scores the highest points, unless objective criteria in addition to those contemplated in paragraphs (d) and (e) justify the award to another tenderer; and…”.

One specific Organ of State that utilizes this section of the PPPFA is ESKOM.  At Eskom it is especially important to promote and encourage Supplier Development and Localisation.  In a recent tender that was published by ESKOM, it was made clear that the specific tender will not be awarded to the highest point scorer but rather to businesses that fall into the following criteria:

  • Preference will be given to Black Owned companies; or
  • Joint Ventures where the lead firm or company is more than 50% Black Owned.

During the briefing session for this specific tender ESKOM officials made it clear that they will adhere to these conditions.  If you are a Black Owned business, it will be no problem adhering to these conditions but if your business has less than 51% Black Ownership you are going to struggle to be awarded this specific tender.  The thing is: this is not the exception to the rule, but it is the rule!

Remember to check for specific conditions in all tender documents, whether it is for black ownership or anything else.  Be sure not to get caught out by specific conditions.

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.
Provision of Open Source Learner Management Service for a period of 36 Months 2020-03-06 11:00 NEMISA/ 2019/ LMSRFB010
The Appointment of a service provider to conduct a feasibility study towards the development of a monumental flag and flag pole. 2020-03-13 11:00 DAC 14/ 19- 20
Appointment of service provider to supply and deliver 5 ton truck for Clanso Farmer Production Support Unit (FPSU) located in ward 18,24,27, and 28 in the Umhlathuze Local Municipality within King Cetshwayo District Municipality in the province of Kwazulu-Natal 2020-03-12 11:00 SS- KZN 7/ 1/ 6/ 3 (753) 3T
Appointment of an HR consultancy firm to provide support to the CETA Administrator 2020-03-06 11:00 016- 2019/ 2020
Procurement of alternative accommodation for the Department of Public Enterprises (lettable office space of 12 144.34sqm and 228 parking bays for a period of 5 years) in Pretoria CBD, Arcadia, Hatfield 2020-03-13 11:00 H19/ 015PF
Procurement of alternative accommodation for the Department of Correctional Services - JICS (lettable office space of 497.73sqm and 12 parking bays for a period of 3 years 2020-03-13 11:00 H19/ 016PF
Appointment of a service provider to render technical security maintenance of KZN Legislature’s security systems infrastructure for a period of 36 months 2020-03-16 11:00 KZNL 01/ 2020
ZNT 02975W: KZN: Department of Community Safety and Liaison : Durban West Office: Pinetown: Proposed hire of office accommodation in extent of 242m2 four (04) lock up three (03) under cover and one (01) parking bay for disabled person. 2020-03-20 11:00 ZNT 02975W
Appointment of a Service Provider to Render Cleaning Services for the Housing Development Agency Head Office, 6 – 10 Riveria Office Park, Riviera Road, Killarney 2020-03-13 11:00 HDA/ JHB/ 2019/ 022
ZNT 02976W KZN: Department of Community Safety and Liaison: ILembe District Office: Kwa Dukuza: Proposed hire of office accommodation in extent of 242m2 four (04) lock up three (03) under cover and one (01) parking bay for disabled person. 2020-03-20 11:00 ZNT 02976W
Rendering of Security Services at the Department of Labour, Mt Ayliff Labour Centre for a period of 36 months (3 years). 2020-03-27 11:00 LECS 16/ 2019
Rendering of Security Services at the Department of Labour, Maclear Labour Centre for a period of 36 months (3 years) 2020-03-27 11:00 LECS 10/ 2019
Appointment of a service provider to provide office space on a lease agreement for CCMA Ekurhuleni office within the Benoni and/ Germiston CBD area for a period of five (5) years. 2020-03-13 11:00 CCMA/ 2018/ 38(A)- EKU
Rendering of Security Services at the Department of Labour,Butterworth Labour Centre for a period of 36 months (3 years). 2020-03-27 11:00 LECS 11/ 2019
Rendering of Security Services at the Department of Labour, Lusikisiki Labour Centre, Flagstaff and Bizana Visiting Points for a period of 36 months (3 years). 2020-03-27 11:00 LECS 09/ 2019
Rendering of Security Services at the Department of Labour, Mthatha Labour Centre for a period of 36 months (3 years). 2020-03-27 11:00 LECS 08/ 2019
Limpopo Central Hospital - Supply Of Bulk Services to Site 2020-03-13 11:00 NDOHF 11/ 2019- 2020
Request For suitable office space for SITA Limpopo, Polokwane Office through an operating lease for a period of 5 years 2020-03-13 11:00 RFB 2078- 2019
Appointment of a service provider for the re-arrangement of the office layout at the Cecilia Makiwane building. 2020-03-23 11:30 SCM 05/2020/SANC
Appointment of a Service Provider to Provide Office Space for the HWSETA Cape Town Provincial Office for a period of five (5) years 2020-03-23 11:00 HWSETA0011/ 2020

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