Issue Date: 
Tuesday, November 1, 2016

When to sub-contract?

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:

a.    black people;

b.    black people who are youth;

c.    black people who are women;

d.    black people with disabilities;

e.    black people living in rural or under develop areas or townships;

f.    black people who are military veterans;

g.    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 or not the bidder will have to sub-contract. Follow those rules. If the tender document doesn't 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 all the other new developments regarding tenders, please attend one of our How-to-Tender workshops. Tender Workshop dates are published on our website at www.how2tender.com. For more information on the tender courses please email Werner at werner@how2tender.com.
 
This article was written by Werner van Rooyen, Director of HowToTender (Pty) Ltd. which specializes in tender consulting and tender training.

Title Closing Date Tender No.
Vacant land - old scrap metal site 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Supply: Furniture 2018-09-27 12:00 GL11900254
Vacant Land - Gately (Erf no. 20436) 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Supply and install ferric dosing station at Voelvlei Water Treatment Plant. 2018-10-05 12:00 SK11900114
Workshop adjacent to Dry dock 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Land and face-brick building adjacent to Car Terminal 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Land and building - Radio workshop 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Appointment of a Civil Maintenance Contractor for a Period of three years. 2018-10-16 12:00 PLZ 17/2018
Land and building-Old dredging building 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3C
Heritage Houses 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3B
Cape Town Stadium two day catering(25 and 26 September 2018). 2018-09-21 10:00 SD11900231
Supply: Tools and equipment 2018-09-26 12:00 GD11900336
Supply: Clothing 2018-09-26 10:00 GA11900263
Supply: Tools and equipment 2018-09-26 12:00 GD11900339
Land and building - Old Shipyard 2018-10-12 12:00 ELS/HPM 3/17/09/2018/3A
Supply & printing of no access notebooks Water & Sanitation Department. 2018-09-28 12:00 SK1190034A
Network Partner 2018-09-28 16:00 No Reference
Provision of a Talent Management Solution 2018-10-08 12:00 RFP GvdW-4601170/2018
Supply Tools and equipment 2018-09-21 12:00 GD11900341
Catering for Tourism Workshop. 2018-10-21 10:00 SD11900230

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Advantages and disadvantages of Consortiums

Consortiums are often considered as entities to use when responding to tenders in South Africa. The question that arises is whether to use a Consortium or a Joint Venture when responding to a tender. To help you with this we have compiled a list of advantages and disadvantages for both Consortiums as well as Joint Ventures. In this article we list the advantages and disadvantages of Consortiums. Look out for the same article on Joint Ventures.

Consortiums Advantages:

  • Easy to establish as there are no formal procedures... Read More
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