Issue Date: 
Monday, April 25, 2016

Tenders and Subcontracting

Tenders and subcontracting go hand in hand. In fact, subcontracting part of a tender is so commonly placed that in South Africa there are specific rules regulating subcontracting in executing tenders. This is especially true for South African Government tenders.

According to Investopedia subcontracting is the practice of assigning part of the obligations and tasks under a contract to another party known as a subcontractor. Subcontracting is especially prevalent in areas where complex projects are the norm, such as construction and information technology. Subcontractors are hired by the project's general contractor, who continues to have overall responsibility for project completion and execution within its stipulated parameters and deadlines.
It is very important to know that in South Africa there is one major rule when it comes to subcontracting if awarded a Government tender. 

According to the Preferential Procurement Regulations, 2017:

  • Section 6(5) states that a person must not be awarded points for B-BBEE status level if it is indicated in the tender documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended subcontractor is an exempted micro enterprise that has the capability and ability to execute the sub-contract.

This sub-section of the Preferential Procurement Regulations, 2017clearly indicate that you cannot subcontract more than 25% of the contract value to another party if that party does not have at least the same B-BBEE Status Level as you or a better B-BBEE Status Level than you. The Office of the Chief Procurement Officer is on the lookout for discrepancies like this. If you are in contravention of these regulations you stand the change that the contract may not be awarded to you or that your existing contract can be cancelled. You can also be liable for costs incurred by the Government Entity in executing the contract.

If you are going to subcontract less than 25% of the value of the contract you are save and you don't have to worry about the B-BBEE Status Level of the subcontractor.

Subcontracting don't need to be difficult but if you want to know more about subcontracting and other important tender response information we suggest you attend our How-to-Tender workshops that we present Country wide. Please email us at werner@how2tender.com should you be interested in attending one of these workshops.
 
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Title Closing Date Tender No.
IT Services 2019-09-06 11:00 NAMC/ 033/ 07/ 2019
The Provision of Travel Management Services for a period of Three years for National Agricultural Marketing Council 2019-09-06 11:00 NAMC/ F01/ 2019
The merSETA would like to invite potential service providers in the insurance industry to provide insurance brokering and claim services for permanently employed staff members 2019-09-05 12:00 RFP005/ 2019
Appointment of a Service Provider to provide Online travel management services to Provincial Departments and Public Entities in KwaZulu-Natal for a period of three (3) years. 2019-09-17 11:00 ZNT 1221/ 2019- G
Request for additional qualified panel to be part of the KwaZulu-Natal Film Commission production crew for a period of 3 years. 2019-09-09 11:00 KZNFC- T08/ 19/ 20
Provision of a turnkey service provider to write, translate, edit, design, illustrate, produce and distribute two Gautrain children’s books 2019-09-06 11:00 GMA/ 006/ 19
Provision of Upgrade and Integration of existing GMA Office Security Systems: CCTV & Biometric Access Control 2019-09-06 11:00 GMA/ 007/ 19
Terms of Reference for the Implementation of Skills Development Programmes For Government Officials and Teachers in the Northern Cape, Limpopo, Kwa-Zulu Natal, Mpumalanga, Free State, Gauteng, Eastern Cape And North West on Behalf of the Provincial Departments of Education 2019-09-09 11:00 SCMU: 08 - 2019/ 20
Delivery of pre-screening services to the dti for recruitment purposes for a period of 24 months 2019-09-06 11:00 dti 07/ 19- 20
The Appointment of a Service Provider to Develop a Business Plan for the Property Namely Remainder of the Farm 15 Dassenberg; Farm 16 Vriesfontein And Remaining Extent of Farm 17 In Extent of 1219.9742 Hectares, Cape Rd, Western Cape. 2019-08-23 11:00 SSC WC Q10 (2019/ 2020) DRDLR
Appointment of a Service Provider/S to Conduct Comprehensive Farm Assessments on Selected Restitution and Pro-Active Land Acquisition Strategy (Plas) Farms and Monitoring of The Stimulus Package Projects Initiated by the Department Of Rural Development and Land Reform In Nine Provinces for a period of(3) three years. 2019-09-06 11:00 5/ 2/ 2/ 1- RDLR 0031(2019/ 2020)
Appointment of a Serevice Provider(S) for Transalation and Transcribing Of Evidence In Criminal And Departmental Hearing for a period of two (2) years 2019-09-16 11:00 19/ 1/ 9/ 1/ 02 TP (19)
ZNTD 03895W: WIMS 063665: Kwazulu-Natal: Department of Education: Durban: Masimdumise Junior Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03895W
ZNTD 03916W: WIMS 063661: Kwazulu-Natal: Department of Education: Durban: Ezindlovini Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03916W
Appointment of a service provider for the outsourcing (provisioning) of three Specialised Research Papers for the legal fees investigation of the South African Law Reform Commission for a period of six (06) months 2019-09-06 11:00 RFB 2019 02
ZNTD 03852W: WIMS 063747: Kwazulu-Natal: Department of Education: Durban: Jonase High School:Water and Sanitation: Phase 3 2019-09-19 11:00 ZNTD 03852W
The Appointment of a Service Provider to Assist with the Development, Co-Ordination and Implementation of the Environmental Protection and Infrastructure Programmes Advocacy Strategy in the Environmental Programmes Branch of the Department of Environmental Affairs 2019-09-06 11:00 E1524
ZNTD 03875W: WIMS 063779: Kwazulu-Natal: Department of Education: Durban: Iwetane Primary School:Water and Sanitation: Phase 3 2019-09-20 11:00 ZNTD 03875W
ZNTD 03849W: WIMS 063753: Kwazulu-Natal: Department of Education: Durban: Inhlokozi High School:Water and Sanitation: Phase 3 2019-09-19 11:00 ZNTD 03849W
The Appointment of the Service Provider to Review Learners Learning Materials and Development of Facilitators Guideline for Kids in Parks Programme in South Africa for Period of Seven (7) Months 2019-09-06 11:00 Q- 126/ 19/ 20

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Tender Knowledge

By Werner van Rooyen

www.howtotender.co.za

31 January 2019

Sometimes I am surprised at how little business people in South Africa know about Tenders and the Tender Process. Simple things like terminology and general tender information are difficult for people to comprehend not to mention the Standard Bidding Documents and Tender Pricing.

Unbelievably there are still Entrepreneurs that thinks to respond to tenders are an actual business? You will find that these Entrepreneurs would... Read More

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