3 Sub-contracting rules to be aware of when responding to tenders

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 that has been implemented on the 1st of April 2017. Many entrepreneurs ask us whether they should sub-contract or not, in responding to a tender and how and where do they get onto the sub-contracting lists.

There seems to be a lot of confusion amongst entrepreneurs when it comes to tenders and sub-contracting. The Draft Preferential Procurement Regulations, have been gazetted and are currently up for review. However, these Regulations are the major cause for the confusion. Many entrepreneurs ask whether they should sub-contract or not whilst responding to a tender.

Finding Sub-contractors

These categories are:

  • Black female owned EME's or QSE's;
  • Black youth owned EME's or QSE's;
  • Black owned EME's or QSE's.

After the Preferential Procurement Regulations were gazetted there is a need for businesses to find sub-contractors.

But where are businesses, which respond to tenders, going to find sub-contractors? We have thought about this and one answer is at Briefing Sessions.

Sub-contractors versus Consortiums and Joint Ventures

The Preferential Procurement Regulations, 2017 states that 30% of all Government Contracts above R30 million must be sub-contracted to specific categories of SMME's. These SMME's include, but are not limited to, black female owned and black youth owned businesses.

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.

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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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