Tender Notice- WSU 012009Textbooks

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Tender Notice- WSU 012009Textbooks



    Tender Notice- WSU 01/2009/Textbooks

    Prescribed Textbooks - 2010

     Issued: 18/09 / 2009

     Closing date: 02 /10 / 2009

     Time: 12 : 00


    1. TITLE

    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

    Queenstown campuses.

    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



3.1.1 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:

Physical Address:

    Walter Sisulu University or Walter Sisulu University

    c/o Finance Department Finance Department

    MTATA Potsdam

    5117 Old King William’s Town Road

     Fort Jackson

     East London


Postal Address:

    Walter Sisulu University or Walter Sisulu University

    c/o Finance Department Private Bag 1421

    Private Bag X1 EAST LONDON

    MTATA 5200


    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:

Technical Specifications:

    Ms Nomfezeko Rwicila

    Telephone: 043 703 8558 E-mail:

    Bid Documentation: Khaya Didi

    Telephone: 043 703 8550/60/1/2 E-mail:

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.


    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. 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. 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%. 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

    ( 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.


    The bidder should submit a duly signed declaration of interest together with

    the bid. The declaration of interest is attached as ANNEXURE B.


    3,20.1 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.


    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.


    3.23.1 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.


    The following evaluation criteria will be utilized to determine a suitable

    service provider.

    3.25.1 All quotations will be evaluated in terms of Preferential Procurement

    Policy Framework.

    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

    for goals.


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

    East London/Mtata/Butterworth/Queenstown




    ? 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.



    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


    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.


    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


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