Winning Tenders Seminar – 13 to 15 March 2012

LexisNexis, in conjunction with presenter Wouter Scholtz, presents a half-day seminar entitled ‘Winning government and municipal tenders: the new regulations and tender criteria’. This will examine the connotations of new legislation passed last year for those involved in securing – and granting - government and municipal tenders. The seminar will provide a detailed analysis of the new tender regulations, in addition to supplying guidance as to how companies can elevate their BEE status levels, which will continue to play a decisive role in winning tenders.

About the seminar

The seminar offers a detailed guide to the new regulations promulgated under the Preferential Procurement Policy Framework Act, applicable to all government and municipal tenders from 7 December 2011.

By providing a rigid and uniform framework for the evaluation of tenders, the regulations are likely to revolutionise tender practice. While the emphasis will continue to be on price, BEE status will also play a significant role.

The analysis of the regulations will be complemented by additional key insights:

  • A review of public and municipal finance provisions determining when contracts must be awarded by tender.
  • A detailed analysis of alternative approaches to black co-ownership.
  • Going beyond black co-ownership: broad-based strategies to elevate your BEE
    status level.
  • The 80:20 and 90:10 preference point evaluation regimes – the role of price and BEE status levels.
  • Constraints upon subcontracting.
  • The optional functionality criteria – delivery capacity as a threshold test.
  • Harmonisation of tender practices and the objectives of the broad-based black economic empowerment regime.
  • The role of public finance legislation in determining when contracts must be awarded by tender.
  • The future role of black co-ownership as one element in broad-based transformation.
  • Coupling black co-ownership with workforce efficiency – the role of the employee share scheme.
  • Making shares affordable.
  • Enhancing your BEE status level by addressing empowerment ‘across the board’.
  • Strategies calling for expenditure.
  • Strategies not calling for expenditure.

Wouter Scholtz BA (Hons) LLB is both a tax lawyer and a leading commentator on Black Economic Empowerment issues. He is the co-author of the standard guide to BEE, the LexisNexis BEE Service (Empowermentor). He has played a key role in developing efficient structures for black co-ownership, and is at the forefront in refining new approaches using the partly paid share dispensation extended by section 40 of the new Companies Act. While primarily a practitioner, Wouter’s academic background includes academic appointments at the University of Sydney, the University of New South Wales, and UCT. While now an independent practitioner, focusing on mergers and acquisitions, Wouter previously held senior appointments in Deloitte, PriceWaterhouseCoopers and Mazars.

Dates and venues
13 March 2012 – Cape Town, Townhouse Hotel (021-465 7050)
14 March 2012 – Johannesburg, Garden Court OR Tambo (011-392 1062)
15 March 2012 – Durban, Southern Sun Elangeni (031-362 1300)

The fees (VAT Inclusive) 
One delegate – R2 200.00
Two or more delegates – R1 980.00 per delegate