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Preferential Procurement is Set to Reinforce BBBEE Codes

New legislation effective 7 December will change the BBEEE landscape.

Deon Oberholzer

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Legislation is like a rowboat. The boat is provided for you to get to the other side, but you have to row it in the right direction in order to get there. This is the thinking behind the new regulations on Preferential Procurement that come into effect on 7 December 2011. For the supplier, the rowboat is the means to securing a contract; for government the rowboat will facilitate the equitable spread of economic empowerment.

The loopholes that have allowed the prevalence of fronting and the enrichment of individuals at the expense of wider capacity building and skills transfer have been a worrying factor for the architects of Black Economic Empowerment (BEE). Many are asking the question: after 17 years of BEE, where are the black industrialists?

President Zuma asked this question at the Black Business Summit in September 2011. “The economy must produce authentic black entrepreneurs, who own factories and manufacture textiles, furniture, metal products or whatever the market requires,” he said.

The answer to this concern may well be provided by the new Preferential Procurement regulations which aim at closing the door to fronting and black intermediaries that act as order mail boxes. The intention is to encourage black suppliers to develop their own capacity to deliver while recognising companies that engage in real transformation. Both the weighting of procurement points and the new restraints on outsourcing should result in a more equitable outcome.

Evaluation of points

Come December, tenders must first be evaluated on functionality, with scores allocated for each candidate’s capacity to meet the terms of reference. These may include criteria stipulated by National Treasury or the relevant government body to meet certain transformational objectives.

Applicants who meet the minimum criteria for functionality must then be evaluated on price and Broad-Based Black Economic Empowerment (BBBEE) status, according to an 80/20 or 90/10 formula. So the message is; your tender application must first meet all the technical criteria, second it must be competitively priced and third, you should have a high BBBEE rating.

For contract values under R1 million, the 80/20 weighting applies. This means that 80 points are allocated for the price and the balance of twenty points are allocated for BBBEE rating, with L1 scoring the full 20 points and lower ratings scoring a sliding scale of lower points – 18, 16, 12 and 8 points scored for L2, L3, L4, L5 respectively, and so on.  This weighting gives proportionately greater favour to the BBBEE status of the applicants, making it a little easier for small black suppliers to compete.

The balance shifts to 90/10 for contract values above R1 million, which places greater pressure on applications for multi-million rand contracts to be competitively priced. 90 points are allocated to price, while a maximum of 10 points count towards BBBEE status, with L1 scoring the full 10 points, followed by 9, 8, 5 and 4 points for L2, L3, L4 and L5 respectively down to non-compliant bids that get zero.

In both cases, the contract must be awarded to the tenderer who scores the highest number of points out of 100. If this does not happen, the other candidates may challenge the procurement decision.

A high BBBEE rating could be a tangible benefit for companies that want to charge a bit more for a project. In other words, a L1 or L2 candidate may still win on points even if his price is higher than that of his competitors. This is certainly an incentive for companies to clear the Level 3 barrier and get into the top end of the tender evaluation.

Conditions of outsourcing

One significant condition is that contracts can no longer be awarded to black intermediaries who then simply pass on the actual work to a non-compliant company. If the tenderer intends sub-contracting more than 25% of the value of the contract to any other enterprise, that sub-contractor must have a BBBEE status equal to or greater than that of the tenderer, or the work must go to an exempt micro enterprise (EME); otherwise the BBBEE points of the tenderer will not be counted in the total score. This should also put a lid on corrupt tendering practices and encourage the development of capacity within black-owned companies.

A second significant condition is the Local Content Clause: the contractor may not renege on contract terms that stipulate a minimum threshold of local production and local content. This means, for example, that you cannot, after being awarded a contract, decide to source cheaper materials from the east rather than use local materials; you are obliged to meet the contract requirements for local manufacture and services. Government has already started to identify designated sectors, such as the automotive industry, where local content rules will be applied diligently.

If you are found to be in breach of these conditions, the penalties may be disqualification, having to pay for costs and damages incurred, cancellation of the contract, being barred from doing business with government (any organ of state) for ten years, or criminal prosecution.

When the Preferential Procurement regulations come into force the result will be a more level playing field for tender applications and an emphasis on using compliant suppliers who can do the work themselves. Regulations are always onerous, but these are designed to drive transformation more effectively, opening the way for real participation of black and BEE compliant suppliers in the economy.

Deon Oberholzer is the co-founder and CEO of Veri-Com, a SANAS Accredited BEE Verification Agency. He has been involved with Black Economic Empowerment at various levels since 2004.

Entrepreneur Today

President Ramaphosa To Address SA’s Biggest Board Meeting, The Directors Event

President Cyril Ramaphosa will be delivering a keynote address at The Directors event on 8 June 2018, at the Sandton Convention Centre.

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President Cyril Ramaphosa will be delivering the keynote address at South Africa’s biggest board meeting, The Directors Event, which will take place at the Sandton Convention Centre on 8 June 2018.  Dr Jabu Mabuza, Chairman of Business Leadership South Africa will deliver this year’s Chairman’s Report.

Now in its fourth year, The Directors Event invites industry leaders to unpack three issues of national importance and discuss solutions in a public forum, moderated by highly-respected media personalities.

Youth employment & entrepreneurship, the use of technology to promote inclusive growth, and our political economy will be hot topics in this year’s highly focussed discussion programme which attracts participation from the country’s most prominent business and government leaders, and an audience of 300 ‘board member’ delegates.

“We are honoured to have President Ramaphosa address this important gathering of some of the top minds in South Africa. We invited him as a response to the call he made during his maiden State of the Nation Address earlier this year, calling on all South Africans, in their small corners, to help develop this country. We believe, strongly, that corporate South Africa has a massive role to play and we are very excited that everyone seems to have accepted the President Ramaphosa’s “Thuma Mina” call,” says Bongani Siqoko, editor of the Sunday Times.

Nontokozo Madonsela, Chief Marketing Officer of MMI, the JSE listed holding company for Momentum, Metropolitan and other financial services providers says, “We are incredibly honoured and excited that President Cyril Ramaphosa will be delivering the keynote address at this year’s Biggest Board Meeting. Over the past few months, we have experienced a wave of change in the country that has brought with it much needed confidence in what we can achieve. As a company with deep roots in South Africa serving a broad spectrum of citizens and businesses, we are heeding the President’s call to lend a hand in addressing our challenges. We are saying #CountUsIn, we want to be there. We believe this platform creates a space where we can have constructive dialogue and come up with concrete solutions that can positively contribute to improving the state our country”.

Related: President Ramaphosa’s Support Of Entrepreneurs And SMEs In SONA Had Us Cheering

President Ramaphosa will be the highest ranking government official to address The Directors Event with his keynote message.  Previous keynote speakers at The Directors Event have included Caroline Galvan (Lead Economist & Editor: Africa Competitiveness Report for the World Economic Forum), and Mcebisi Jonas (Former Deputy Minister of Finance).

Mmamoloko Kubayi-Ngubane, Minister of Science & Technology, and Enoch Godongwana, Chairperson of the ANC sub-committee on Economic Transformation will also be representing the perspectives of Government and the governing party during the round-table discussions at this year’s event.


The Directors Event programme is tailored for corporates, SMEs, educators, and non-profit organisations who are serious about turning South Africa’s socio-economic crisis around.

The Directors Event will take place at the Sandton Convention Centre on 8 June 2018.  To view the 2018 agenda, speaker profiles, or to book tickets: www.thedirectorsevent.co.za 

The Directors Event brought to you by the Sunday Times Top 100 Companies and MMI Holdings Limited, is supported by partners Mancosa (GSB), the Institute of Directors (IoD SA), and Greymatter & Finch.

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The Start-up Hatchery And Greater Tygerberg Partnership Launch Innovative Pitch Competition For Bellville Solutions

Entrants are required to submit their ideas in a 30-second WhatsApp video to 082 936 7544 before 24 May 2018.

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The Greater Tygerberg Partnership (GTP) and start-up incubator The Startup Hatchery are launching a pitching competition to surface innovative ideas that, when implemented, could lead to the improvement of Bellville in Cape Town’s northern suburbs. The winning idea will receive a package of business incubation, mentorship, business development support, marketing and branding collateral, legal and intellectual property advice and other prizes, including R5 000 cash.

Launching on 14 May 2018, Innovate Bellville 2.0 is open to new businesses that have been operating for six months or less, who are developing new innovative ideas that could improve public transport, create jobs, create inclusive public spaces, address homelessness, improve health and wellbeing, manage waste, facilitate mobility, attract and retain investment and regenerate the Bellville urban centre.

Related: 3 Actionable Insights To Make Your Investment Pitch Perfect

Innovate Bellville 2.0 forms part of the GTP’s living lab approach to the regeneration of the Bellville CBD, says Warren Hewitt, CEO of the GTP: “We want Bellville to be a test-bed for new ideas that can help us to build a vibrant, prosperous, inclusive city region. Innovate Bellville 2.0 falls directly into that approach. We’re looking forward to seeing the ideas that emerge, and seeing the winning idea implemented in a part of our city that stands on the edge of an exciting future.”

“Innovation starts anywhere,” says Tania Cunningham, Chief Digital and Marketing Officer for The Startup Hatchery, “but we were very excited at the prospect of focusing on finding innovative ideas that could bring about real change to a defined geographical area. Innovate Bellville 2.0 will offer the winning business a solid start in life, with a chance to see their idea become a reality in Bellville.”

Entrants are required to submit their ideas in a 30-second WhatsApp video to 082 936 7544 before 24 May 2018. Twenty semi-finalists will be selected from the WhatsApp pitches, who will each receive training and a pitch deck. From that group, a group of eight finalists will then be selected and invited to pitch their ideas to judges during a pitch event on 7 June.

For more information, contact pitchtank@thestartuphatchery.co.za

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Silulo Business Incubation Is Changing The Future Of Entrepreneurs

Silulo Business Incubation is a unique incubation aimed at empowering and assisting upcoming entrepreneurs.

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Silulo Business Incubation

Launched in April 2018, the Silulo Business Incubation is a unique incubation aimed at empowering and assisting upcoming entrepreneurs to grow not only their businesses but also their confidence in the business space. The Incubation offers office space, boardrooms, training and conference rooms as well as eighteen shared office space for entrepreneurs in and around Cape Town.

Founder and Director, Mr Luvuyo Rani says: “We have always had a vision for this type of centre – a one-stop-shop where all entrepreneurial needs are catered for but our problem was always funding. With hard-work and dedication, we were able to make our vision a reality, which is exactly what we want to teach and instil for our entrepreneurs.”

The incubation will also offer networking sessions for aspiring entrepreneurs twice a month for two hours. This idea is to offer business insights as well as networking opportunities for entrepreneurs in and around Cape Town. Entrepreneurs will have the option to become members of the SBI Network where they are able to attend networking sessions of their choice. All networking sessions will cover different topics and training manuals will be offered after each session.

Related: Silulo Ulutho Technologies: Luvuyo Rani

Rani continues:

“The main challenge when it comes to this type of business is infrastructure and funding. Silulo is a pioneer and it can go anywhere, there are no boundaries in business. This is a flagship store. We want to replicate this in every province. Silulo’s success lies in partnerships and our business has a passion for empowering.”

Rani, a former teacher, together with his brother Lonwabo Rani started selling computers from the boot of a car more than ten years ago. Silulo Technologies now has 42 branches in three provinces: the Western Cape, Eastern Cape and Kwa-Zulu Natal and 22 franchise stores, some of which are owned by former Silulo employees.

Director and Co-founder, Lonwabo Rani says: “My brother always tells us to think about the bigger picture. It was that bigger picture that kept us going. Back in 2006, what you see today is exactly how it was when we envisioned it.”

About Silulo:

In 2017 Silulo reached a total of 35 000 students trained since inception. It trained 65 students through MIC SETA in both the Eastern and Western Cape.

Related: 10 Young Entrepreneurs Under 30 Share Their Start-Up Secrets

Rani and his two directors remodelled the business in 2017 by offering a walk in cellphone repair service (including the service of leading brands such as Apple, Samsung and Huawei) at one of the Silulo branches in Khayelitsha.

Rani, who was part of the Team South Africa to attend the World Economic Forum in Davos Switzerland in 2018, has received numerous accolades for his social impact business.

He was also awarded a Schwab Foundation Social Entrepreneur of the Year award in 2016 among his many accolades.

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