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.
Trade and investment Kwazulu -Natal requests proposals from service providers to conduct an Organisational Performance Assessment. 2018-10-15 12:00 33
Large Towel Drape Disposable 45cm X 30cm Sterile Latex Free. 2018-10-02 11:00 ZNQ NO.2707/ 08/ 18
Request for procurement of Curriculum and Assessment Policy Statement (CAPS) Compliant Mathematics Software for Grades R to 12 for a period of three (3) years. 2018-10-15 11:00 RFB 1808/ 2018
Appointment of a service provider for the renewal of Infomet GBM licenses for the Government Pension Administration Agency (GPAA). 2018-10-05 11:00 RFB 1801/ 2018
Gastrostomy Feeding Tube (Various Sizes) 2018-10-02 11:00 ZNQ NO.2699/ 08/ 18
Appointment of service provider for the asset valuation of 16 radar sites, 8 lightning detection sites and 6 upper air observational sites. 2018-10-12 11:00 SAWS- 165/ 18
The Safety and Security Sector Education Training Authority (SASSETA) invites all Employers, Accredited Training Providers, public training institutes, unemployed learners applying for bursaries, NGO’s, CBO’s and trade unions operating in the safety and security sector to submit applications for Discretionary Grants for the 3rd funding window for 2018/2019 financial year. 2018-10-15 12:00 RFQ/ SASSETA/ 201819152
Consultancy Service for the Design, Production, Branding and Supply of Publications and Corporate Collateral until March 2020. 2018-10-15 11:00 RFP/ SASSETA/ 201819119/ 1
Appointment of a Corporate Communications Service Provider until 31st March 2020. 2018-10-15 11:00 RFP/ SASSETA/ 201819113/ 1
Appointment of an Event Management Service provider/s that will provide Event Management services to the RTMC for a period of three (years) with an option to extend for one (1) year. 2018-10-15 11:00 RTMC BID 15/ 2018/ 19
Neonatal Intr-Abdominal Pressure Monitoring Device 2018-10-02 11:00 ZNQ NO.22/ 04/ 18
The Road Accident Fund (RAF) invites an experienced and suitable service provider to Architect, Implement, Maintain and Support an Enterprise Management System for a period of five (5) years. 2018-10-23 11:00 RAF/ 2018/ 00045
Request for proposals for appointment of a service provider for supply, installation and maintenance of the online training (examination) accreditation system for security officers for a period of 36 months. 2018-10-24 11:00 RFB/ 2018/ PSiRA/ 08
Disposable, Elasticated and Knee Length Boot Covers, Must be Antistatic, Fluid and Tear Resistant 2018-10-02 11:00 ZNQ NO.942/ 05/ 18
Request for proposals for appointment of a panel of legal service providers for a period of 36 months. 2018-10-25 11:00 RFB/ 2018/ PSiRA/ 09
Appointment of a Recruitment Panel for a period of thirty six (36) months. 2018-10-26 11:00 SCMN007/ 2018
Vaginal Ring Pessary, Various Sizes: Vaginal Ring Pessary Size 60 20 Units 2018-10-02 11:00 ZNQ NO.585/ 05/ 18
Appointment of a service provider to conduct an implementation evaluation of the Foster \Care programme. 2018-10-12 11:00 SD04/ 2018
Blood Glucose Monitor - Accu - Check Active (Proprietory Compatible to Accucheck Active Strips Currently In Use) Quantity:1 2018-10-02 11:00 ZNQ NO.1184/ 05/ 18
Appointment of a panel of service providers to render internal audit services for a period of three (3) years. 2018-10-08 11:00 RFB 073/ 18/ 19

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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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