WALTER SISULU UNIVERSITY
Tender Notice- WSU 01/2009/Textbooks
Prescribed Textbooks - 2010
Issued: 18/09 / 2009
Closing date: 02 /10 / 2009
Time: 12 : 00
TERMS OF REFERENCE
Requirement specification for supply and delivery of prescribed
textbooks for Walter Sisulu University (WSU) ‘s Nelson Mandela
Drive (NMD-Mtata), Buffalo City, Ibika (Butterworth) and
2. Invitation to Tender
The purpose of this invitation to tender is to invite potential suppliers
to submit bids that will allow the University to evaluate options
available for the supply and delivery of textbooks for the year 2010
as per the specifications attached to this document.
Based on the quality of the bids submitted, the University intends to
select a preferred Supplier with a view to concluding a Service Level
Agreement (SLA) where applicable with such successful bidder. The
bid will be evaluated in terms of the Preferential Procurement Policy
Framework Act (PPPFA) No 5 of 2000 and Preferential Procurement
Regulations (PPR) of 2001, using 90/10 preference point system.
A valid tender will constitute of the following documents:
- a) A properly completed tender offer and declarations form with the original
signature/s of the appropriately delegated employee/s or owner of the
bidding company (Copied, faxed or computer generated signatures will not
constitute original) – See Annexure B.
- (b) A tender submission explaining the full scope of the work tendered for
in line with the specifications – See Annexure D.
- c) A price schedule indicating the price structure of the tender proposal as
explained in more detail in the specification (Annexure D). Prices must be all
inclusive (including VAT) and the pricing schedule must be signed with the
original signature/s of the appropriately delegated employee/s or owner of
the bidding company – See Annexure H.
- d) A copy of the receipt received in terms of the non-refundable levy.
- e) An original tax clearance certificate that will remain valid (not older than
6 months) on the advertised closing date of the tender.
- f) Any documents that serve as supporting documents to the above
(properly referenced to the information it supports).
2.1. This document includes the following annexures which the bidders need
to familiarize themselves with and use to prepare their submissions:
- Annexure A: Contact Information - Annexure B: Tender Offer & Declaration of Interest - Annexure C: Application for Tax Clearance Certificate - Annexure D: Specification - Annexure E: General Conditions of Tender - Annexure F: Preference Points Claim Form - Annexure G: Pricing Schedule - Annexure H: Pre-Qualification Check List
3. SPECIAL CONDITIONS OF TENDER
3.1 CLOSING TIME AND DATE
3.1.1 The closing time for the receipt of bids in response to this invitation to
bid is detailed on the cover page of this invitation to bid.
3.1.2 All bids must be submitted in a sealed envelope bearing the bid
number, bid description and closing date.
3.1.3 All bids must be received before the closing time and date stipulated
above and must be posted to or deposited in the bid box at the address
indicated in this document.
3.2 Submission of Tenders
3.2.1. Tenders must be submitted in a sealed envelope. If a tender
submission is not in an appropriately sealed envelope or package, it may
invalidate the tender and lead to disqualification from the tender process.
3.2.2 Tenders shall be submitted to the offices of WSU and deposited in the
appropriately numbered tender box, at:
Walter Sisulu University or Walter Sisulu University
c/o Finance Department Finance Department
5117 Old King William’s Town Road
Walter Sisulu University or Walter Sisulu University
c/o Finance Department Private Bag 1421
Private Bag X1 EAST LONDON
3.2.3. Tenders forwarded by e-mail, facsimile or similar apparatus will
invalidate the tender and lead to disqualification from the tender process.
However, Photostat copies of tenders or facsimiles which are submitted in
the prescribed way and in which the relevant forms and certificates are
signed in ink, after being copied, are accepted as valid tenders.
3.2.4. Where a tender has been couriered the tender must be sealed inside
the packaging used by the courier. If the packaging of a courier is removed
and it is found that the tender is not in an appropriately marked envelope, it
may invalidate the tender and lead to disqualification from the tender
No claim shall exist by any supplier/service provider against WSU, the
Accounting Officer or the Tender Committee for any reason arising out of the
tender including but not limited to, the decision take by WSU in respect of its
choice of supplier, the process followed.
3.3.1 Should any bidder have any enquiries relating to this invitation to bid,
such inquiries may only be addressed to the person/s mentioned below:
Ms Nomfezeko Rwicila
Telephone: 043 – 703 8558 E-mail: email@example.com
Bid Documentation: Khaya Didi
Telephone: 043 – 703 8550/60/1/2 E-mail: firstname.lastname@example.org
3.4 Partial Submissions
Partial submissions will not be accepted as valid tenders. WSU reserves the
right to accept more than one contractor if deemed necessary.
3.5 BID BRIEFING
No formal briefing will be conducted for this bid.
3.6 Non-refundable Levy
If a bidder is not registered in terms of the non-refundable levy of R 200
payable for the tender invitation documentation, it will invalidate the tender
and lead to disqualification from the tender process. Cash not acceptable.
Account Details: FNB Mtata
620 991 26601 (Acc Number)
Current Account (Acc Type)
210 521 (Branch Code)
3.7 Tax Clearance Certificate
3.7.1 Failure to provide an original tax clearance certificate (a certificate of good standing) from the South African Revenue Services will invalidate the
tender and lead to disqualification from the tender process (ref. para. 16 of
the Preferential Procurement Regulations, 2001).
3.7.2 Should the name of the bidder differ from the name used on the tax clearance certificate, supplementary documentation that proves the legal link
between the bidder and the tax certificate need to be provided (e.g.
company registration forms indicating the name change, etc.).
3.7.3 An original tax clearance certificate must be valid on the closing date of the tender. It will, however, be expected that a valid tax clearance certificate
is available at the point where the tenders are awarded.
3.7.4. In terms of a joint venture that is still at an early stage of establishment the partners will be required to submit separate tax certificates per partner.
3.8 Proven Track Record
3.8.1. Bidders must have a proven track record in the industry relevant to the goods and/or services required in terms of this tender. In this instance
supporting documentation must be supplied with the tender submission (e.g.
involvement with previous similar projects, names and contact details of
current and former customers, media reports, etc.)
3.8.2 Tender submissions that fail to substantiate the track record of the bidder may invalidate the tender and lead to disqualification from the tender
3.9 Firm Prices & Currency
3.9.1 Definition: “Firm price” is the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change,
imposition, or abolition of customs or excise duty and any other duty, levy, or
tax which, in terms of a law or regulation is binding on the contractor and
demonstrably have an influence on the price of any supplies, or the
rendering costs of any service, for the execution of the contract.
22.214.171.124 Prices in terms of this tender will be regarded as firm for a period of 6 (SIX) months after the closing date of the tender.
126.96.36.199 Prices may not be flexed in terms of the exchange rate unless the rate fluctuates by more than 10% compared to rate applicable on the date
the tender closes. The University reserves the right to cancel the tender
should the exchange rate fluctuate by more than 10%.
188.8.131.52. Changes in prices after the tender has been awarded may only occur on mutual consent of WSU and the supplier.
3.10 Confidentiality & Information Security
3.10.1 All elements of information shared with or obtained by, bidders, suppliers and service providers in terms of this tender will be regarded
3.10.2 All elements of a tender process, including the evaluation and interview processes will be treated as confidential until the announcement of
the successful bidder/s.
3.10.3. All information collected and provided before, during or after this tender must be properly secured in terms of global best practices, with
appropriate backups being regularly and safeguarded against theft and
3.10.4. A WSU supplier or service provider may only share or use company information after being given written permission to do so, by at least a Senior
member of the WSU management.
3.11 Payment Conditions (Advances)
3.11.1. Payments will only be made on the provision of a valid tax invoice by the supplier 30 (thirty) days after the date of delivery.
3.11.2. No advance for/of payment will be allowed. 3.11.3 In any instance where multiple invoicing is applicable, the supplier must provide accounts statements at least monthly.
3.12 Interviews with Short Listed Bidders
3.12.1. In terms of the tender evaluation process, short listed bidders might be interviewed. This will entail the bidder being invited to a venue as
determined by the tender committee. All transport and accommodation costs
incurred by the bidder will be for bidders account and not reimbursive in any
3.12.2 Failure to attend a scheduled interview will lead to immediate disqualification from the tender process.
3.12.3 The University reserves the right to appoint a bidder without conducting interviews.
3.13 Contract period
3.13.1The contract period will be three (3) years from the date of appointment letter or SLA was signed.
3.14 Service Level Agreement
3.14.1 A service level agreement needs to be entered into by the contractor and the University before any payments can be made.
3.14.2 The University reserves the right to waive the requirement of the SLA.
3.15 Acceptance of Tenders
3.15.1 The successful bidder will be notified by mail of the acceptance of their tender and their name will be published on the WSU website
(www.wsu.ac.za). The notice of the successful bidders on the WSU website
will be regarded as notice to those bidders that were not successful as well,
and such posting shall be deemed to be proper service of such notice.
3.15.2 The University, the Accounting Officer and the Tender Committee (as the case may be) does not bind itself to accept either the lowest or any other
bid and reserves the right to accept the bid which it deems to be in the best
interest of the University even if it implies a waiver by the University, the
Accounting Officer, or the Tender Committee, (as the case may be) of
certain requirements which the University,the Accounting Officer, the Tender
Committee , (as the case may be) considers to be of minor importance and
not complied with by the bidder
3.15.3. The WSU will not entertain any request of feedback before the final awarding of the contract.
3.16 Cancellation of tender
3.16.1 The WSU retains its right to cancel any tender without notice or specifying reasons.
3.16.2. A tender may be cancelled and re-advertised should the committee direct so, due to inadequate responses or due to a major change in
specifications or procurement procedure.
3.17 Status of Special Conditions of Tender and Tender Specifications
2.22.1. If any of these special conditions or tender specifications in this
invitation to tender document are in conflict with the “General Terms and
Conditions of Tenders invited by the WSU (See Annexure E) then these
special conditions, and/or tender specifications, shall apply.
3.18.1 The bidder must submit details regarding the bid price for the Services on the Pricing Schedule form/s attached, (see ANNEXURE G)
which completed form/s must be submitted together with the bid documents.
3.18.1 Pricing must be stipulated INCLUSIVE OF VALUE ADDED TAX. 3.18.2 It is an express requirement of this invitation to bid that the bidders provide some transparency in respect to their pricing approach. In this
regard, bidders must indicate the basis on which they have calculated their
pricing by completing all aspects of the Pricing Schedule.
3.19 DECLARATION OF INTEREST
The bidder should submit a duly signed declaration of interest together with
the bid. The declaration of interest is attached as ANNEXURE B.
3.20. CONSORTIUM / JOINT VENTURE
3,20.1 It is recognized that bidders may wish to form consortia to provide the Services.
3.20.2 A bid in response to this invitation to bid by a consortium shall comply with the following requirements:-
3.20.3 It shall be signed so as to be legally binding on all consortium members;
3.20.4 One of the members shall be nominated by the others as authorized to be the lead member and this authorization shall be included in the
agreement entered into between the consortium members;
3.20.5 The lead member shall be the only authorized party to make legal statements, communicate with the Tender Committee and/or the WSU and
receive instructions for and on behalf of any and all the members of the
3.20.6 A copy of the agreement entered into by the consortium members shall be submitted with the bid.
3.21 PREFERENCE POINTS CLAIM FORMS
Annexure F contains the Preference Points Claim Forms in terms of
Preferential Procurement Regulations to be completed and signed by the
bidder to the extent applicable and returned with this bid.
Bid documentation submitted by the bidder will be valid and open for
acceptance for a period of 90 (ninety) calendar days from the closing date
and time stipulated on the front cover of this invitation to bid.
3.23 NO RIGHTS OR CLAIMS
3.23.1 Receipt of the invitation to bid does not confer any right on any party in respect of the Services or in respect of or against the University, the
Accounting Officer, or the Tender Committee. The University, the Accounting
Officer, or the Tender Committee the case may be) reserves
the right, in its sole discretion, to withdraw by notice to bidders any Services
or combination of Services from the bid process, to terminate any party’s
participation in the bid process or to accept or reject any response to this
invitation to bid on notice to the bidders without liability to any party.
Accordingly, parties have no rights, expressed or implied, with respect to any
of the Services as a result of their participation in the bid process.
3.23.2 Neither the University, the Accounting Officer, the Tender Committee, nor any of their respective directors, officers, employees, agents,
representatives or advisors will assume any obligations for any costs or
expenses incurred by any party in or associated with any appraisal and/or
investigation relating to this invitation to bid or the subsequent submission of
a bid in response to this invitation to bid in respect of the Services or any
other costs, expenses or liabilities of whatsoever nature and howsoever
incurred by bidders in connection with or arising out of the bid process.
3.24.1 Bidders and their respective officers, employees and agents are prohibited from engaging in any collusive action with respect to the biding
process which serves to limit competition amongst bidders.
3.24.1 In general, the attention of bidders is drawn to Section 4(1)(iii) of the
Competition Act1998 (Act No. 89 of 1998) (the Competition Act) that
prohibits collusive biding.
3.24.2 If bidders have reason to believe that competition issues may arise
from any submission of a response to this bid invitation they may make, they
are encouraged to discuss their position with the competition authorities
before submitting response.
3.24.3 Any correspondence or process of any kind between bidders and the
competition authorities must be documented in the responses to this
invitation to bid.
3.25 EVALUATION CRITERIA
The following evaluation criteria will be utilized to determine a suitable
3.25.1 All quotations will be evaluated in terms of Preferential Procurement
3.25.2 90/10 Preference Point system will be applied in which 90 points out
of 100 allocated for price and functionality, and 10 points out of 100 will be
ALLOCATION OF POINTS IN TERMS OF PRICE AND FUNCTIONALITY
No. Category Points
10 1 Price 70 Level 1 Contributor 10 2 BBBEE Rating Level 2 Contributor 9 Level 3 Contributor 8
Level 4 Contributor 7
Level 5 Contributor 5
Level 6 Contributor 3
Level 7 Contributor 2
Level 8 Contributor 1
3 Facilities/Support 10 Fully operational facility in
DISTRIBUTION OF SCORING POINTS IN TERMS OF HDI GOALS
? HDI 6
? WE 2
? LOCALITY 2
1st Stage: Pre-qualification evaluation
1. The purpose of this pre-qualification evaluation is to determine which bid responses are compliant and non-compliant with the bid specifications issued by WSU as part of the bid process.
The following criteria shall apply:
• The bid documentation has been completed comprehensively and correctly. • Bidders must be a legal entity or partnership (consortia/joint ventures are acceptable subject to Paragraph 3.20 of Special conditions).
• Bidders must have provided supporting documentation as per the bid specification schedule requirements including valid South African Revenue Services (SARS) taxation clearance certification in original form with the bid.
Failure to submit SARS certificate with the bid will invalidate your bid. • The proposed goods must meet the specification requirements.
4. GENERAL RESPONSIBILITIES OF THE SERVICE PROVIDER
4.1 OCCUPATIONAL HEALTH AND SAFETY
In this clause the term “Act” shall mean the Occupational Health & Safety Act, No. 85 of 1993, as amended from time to time, (including any act which may take its place should it be repealed during the currency of the agreement between the parties) as read with all regulations and standards promulgated in terms of the former Machinery and Occupational Act, No 6 of 1983, as amended, and all regulations & standards promulgated in terms of the Occupational Health & Safety Act from time to time;
The Service Provider :-
? acknowledges that he is fully aware of the terms and conditions of the Act; ? acknowledges that he is an employer in its own right with duties and responsibilities as prescribed in the Act;
? agrees to comply with all rules and regulations implemented by or on behalf of WSU at the relevant Instituion in covering letter relating to health and safety and will inform WSU immediately should Service Provider for any reason be unable to comply with the provisions of the Act and such rules and regulations
4.2 BREACH AND TERMINATION
Bidders are referred to Paragraph 21 of General Conditions of Contract (GCC) relating to failure to comply with conditions of this contract. The service provider shall ensure that at all times he/she complies with all the relevant laws applicable.
4.3 LOSS AND DAMAGE
Service Provider hereby indemnifies the University, and will hold the University harmless, against any loss or damages which the University may suffer, or any claims lodged against the University by any third party arising out of or relating to any loss that the University or such third party may suffer as a result of, or arising out of any act or omission of any personnel of