SECTION A: PART 1
SPECIAL CONDITIONS OF BID AND CONTRACT
SPECIAL CONDITIONS THAT BIDDERS SHOULDTO TAKE NOTE OF
1SUBMITTING BIDS
1.1One (1) original plus five(5) hard copies of the bidshould be handed in/delivered to:
The SCM SeniorManager
Universal Service and Access Agency of SA
Building 1, Thornhill Office Park
94 Bekker Street
VornaValley
Midrand
1.2The original copy MUST BE SIGNED IN BLACK INK by an authorised employee, agent or representative of the bidder and each and every page of the proposal shall contain the initials of same signatories.
1.3Bids should be submitted in a sealed envelope, marked with:
RFB NUMBER / USAF/HO/02/2012CLOSING DATE / 20 July 2012
CLOSING TIME / 12:00 (Telkom Time)
VALIDITY PERIOD / 60 Days
THE NAME AND ADDRESS OF THE RESPONDENT
2LATE SUBMISSIONS
2.1Bidsreceived late shall not be considered. Abid will be considered late if it arrived after 12:00 or any time thereafter. The tender (bid) box shall be locked at exactly 12:00 and bids arriving late will not be considered under any circumstances. Bids received late shall be returned unopened to the respondent. Respondents are therefore strongly advised to ensure that bids be dispatched allowing enough time for any unforeseen events that may delay the delivery of the bid.
2.2Bids sent to USAASA via normal post or any other mechanism shall be deemed to be received at the date and time of arrival at USAASA premises (tender/bid box). Bids received at the physical address after the closing date and time, shall therefore be deemed to be received late.
3DIRECTIONS TO USAASA OFFICES FOR DELIVERY OF BIDS
4REASONS FOR DISQUALIFICATION
USAASA reserves the right to disqualify any bidder who does not comply with one or more of the following bid requirements, and such disqualification may take place without prior notice to the offending bidder:
- Bidder did not attend compulsory briefing session on 4 July 2012 at 11:00 am Protea Hotel Midrand.
- Late submission.
- Bidders who submitted incomplete information and documentation as per the requirements of this RFB.
- Bidderswho submitted information that is fraudulent, factually untrue or inaccurate, for example memberships that do not exist, B-BEEE Verification, experience, etc.
- Bidderswho received information not available to other Bidders
- Bidderswho do not meet the cut-off mark on mandatory requirements as stipulated in this RFB.
- Bidders who are listed on National Treasury as Non Preferred Suppliers.
- Bidders who do not comply with the response format.
- Bidders who do not comply with mandatory requirements as stipulated in this RFB.
5GENERAL RULES AND INSTRUCTIONS
5.1Confidentiality
5.1.1USAASA undertakes to keep the confidentiality of bid documents from bidders and they will not be made available to any third party or parties without the prior consent of the bidder.
5.1.2The information contained in this document is of a confidential nature, and must only be used for purposes of responding to this RFB. This confidentiality clause extends to Bidder’s partners and/or implementation agents, whom the Biddermay decide to involve in preparing a response to this RFB.
5.1.3Biddersshall not, during the period of validity of this process, or at any time thereafter, use or disclose, directly or indirectly, the confidential information of USAASA (even if received before the date of this process) to any person whether in the employment of the receiving party or not, who does not take part in the performance of this process.
5.1.4Biddersshall take all such steps as may be reasonably necessary to prevent USAASA’s confidential information coming into the possession of unauthorised third parties.
5.2News and Press Releases
Biddersor their agents shall not make any news releases concerning this RFB or the awarding of the same or any resulting agreement(s) without the consent of, and then only in co-ordination with USAASA.
5.3National Industrial Participation Programme
The Industrial Participation (IP) policy, which was endorsed by Cabinet on 30 April 1997, is applicable to contracts that have an imported content. This programme is intended to enable the DTI to negotiate obligation agreements, such as investments, joint ventures, sub-contracting, licensee production, export promotion, sourcing arrangements and research and development collaboration, with service that have imported content. Clearance must be obtained from the DTI prior the award of any bid that has imported content in excess of R10 million (ten million rand) (Section B: Annexure C: SBD 5)
5.4Language
Bids shall be submitted in English.
5.5Formal Contract
This RFB, all the appended documentation and the proposal in response thereto read together, forms the basis for a formal contract to be negotiated and finalised between USAASA and the successfulbidder to whom USAASA awards the subsidy in whole or in part.
5.6Instructions for the Submissions of Proposal
5.6.1Bids must be submitted in a prescribed response format herewith reflected as Response Format, and be sealed in an envelope.
5.6.2Responses by fax or e-mail are NOT acceptable.
5.7 Response Format
Bidders shall submit response in accordance with the response format specified below. Failure to do so may result in disqualification of the bid.
5.7.1Index:
5.7.2Schedule 1:RFBNational Policy Framework on Universal Acess and Universal Service:USAF/HO/02/2012 – SBD 1
5.7.3Schedule 2: Proof of Tax Clearance – SBD2
If a Consortium or Joint Venture or Sub contractor, each member must provide Proof of Tax Clearance.
5.7.4 Schedule 3:Standard Bidding Documents
5.7.4.1 Declaration of Interest – SBD 4
5.7.4.2 Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2011 – SBD 6.1
5.7.4.3 Declaration of Bidder’s Past Supply Chain Management Practices – SBD 8
5.7.4.4 Certificate of Independent Bid Determination – SBD 9
5.7.5 Schedule 4:Company Registration Documents
5.7.6 Schedule 5:BBBEE Verification Certificates
5.7.8 Schedule 7:Proposed National Policy Framework on Universal Access and Universal Service
5.7.9 Schedule 8: Detailed all Inclusive Pricing Schedule -
5.7.10 Schedule 8:Bidder Profile:
5.7.10.1 Bidder’s Experience and Knowledge in Sector
5.7.10.2 Management Experience and Knowledge
5.7.10.3 Credentials of the bidder/partners etc.
5.7.10.4Partnership agreements/contracts
5.7.10.5 Capacity to Deliver
5.8List of all Personnel
5.8.1List of all personnel to be assigned to this project, by bidder(include members of Partners, Joint Ventures and Sub-Contractor(s)), identifying their skills to perform the tasks or functions to be assigned.
5.9Public Opening
There will be a public opening of bids received at USAASA’s office on 20 July 2012 at 12h00
5.10Oral Presentations
5.10.1Bidders who submit bids in response to this RFB may be required to give an oral presentation.The presentations are an option of USAASA and may or may not be conducted.
5.11Enquiries
5.11.1All questions must be sent on e-mail to using the bid number - USAF/HO/01/2012 as the subject.
5.11.2USAASA will not respond to any enquiries received after 11 July 2012 12:00.
5.12Payment
5.12.1Payments will be made in accordance with the contract signed by USAASA and the successful bidder.
5.12.2Payments will be made per agreed deliverable after sign off.
5.12.3No payment will be made to the successful bidder unless an original tax invoice complying with section 20 of the VAT Act No 89 of 1991, as amended, has been submitted to USAASA.
5.12.4Payment shall be made into the successful bidder’s bank account in 30 days after receipt of an acceptable, original, valid tax invoice. (Banking details must be submitted as soon as possible after the award is made).
5.12.5The successful bidder shall be responsible for accounting to the appropriate authorities for its income tax, VAT or other moneys required to be paid in terms of the applicable law.
6SPECIAL CONDITIONS OF BID (Mandatory)
Bidders shall provide full and accurate answers to all including mandatory questions posed in this document, and, are required to explicitly state either "Comply/Accept (with a )" or "Do not comply/Do not accept (with an X)" regarding compliance to the requirements. Where necessary, the bidder shall substantiate their response to a specific question.
NB. It is mandatory for bidders to complete / answer this part fully (6.1 to 6.32); otherwise their bid will be treated as incomplete and will be disqualified. Refer to paragraph 4 of this document (Reasons for Disqualification).
6.1 / The laws of the Republic of South Africa shall govern this RFB and bidders hereby accept that the courts of the Republic of South Africa shall have the jurisdiction. / Accept / Do notaccept
6.2 / Bidders are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable. / Accept / Do not
accept
6.3 / USAASA has the right to enter into negotiation with the successful bidder regarding any terms and conditions, of a proposed contract. / Accept / Do not
accept
6.4 / USAASA shall not be obliged to accept the lowest of any bid, offer or proposal. / Accept / Do not
accept
6.5 / A contract will only be deemed to be concluded after a contract form/letter of acceptance/formal contract is signed by the designated responsible person of both parties. / Accept / Do not
accept
6.6 / USAASA will not be liable for any costs incurred by the bidder in the preparation of response to this RFB. The preparation of response will be made without obligation to acquire any of the items included in any bidder’s proposal or to select any proposal. / Accept / Do not
accept
6.7 / USAASA may request written clarification or further information regarding any aspect of this RFB. The bidder must supply the requested information in writing within twenty four (24) hours after the request has been made, otherwise the bid may be disqualified. / Accept / Do not
accept
6.8 / In the case of Consortium, Joint Venture or Sub-contractors, bidders are required to provide copies of signed agreements. / Accept / Do not
accept
6.9 / In the case of Consortium, Joint Venture or Sub-contractors, Each member of the consortium or joint venture must complete a SBD 6.1 document. / Accept / Do not
accept
6.10 / USAASA reserves the right to; cancel or reject any bid and not to award the bid to the lowest bidder or award parts of the bid to different bidders, or not to award the bid at all. / Accept / Do not
accept
6.11 / By submitting abid in response to this RFB, the bidders accept the evaluation criteria as it stands. / Accept / Do not
accept
6.12 / USAASA reserves the right to conduct a preaward survey during the selection process to evaluate the bidders’ capabilities to meet the requirements specified in the RFB and supporting documents. / Accept / Do not
accept
6.13 / The bidder should not qualify the proposal with own conditions.
Caution: If the bidder does not specifically withdraw its own conditions of proposal when called upon to do so, the bid will be declared invalid. / Accept / Do not
accept
6.14 / Should the bidder withdraw his bid before the validity period of the RFBexpires, USAASA reserves the right to recover any additional expense incurred by USAASA having to accept any less favourable bid or the additional expenditure incurred by USAASA in the preparation of a new RFB and by the subsequent acceptance of any less favourable bid. / Accept / Do not
accept
6.15 / Delivery of and acceptance of correspondence between USAASA and the bidder sent by prepaid registered post (by air mail if appropriate) in a correctly addressed envelope to either party’s postal address or address for service of legal documents will be deemed to have been received and accepted after (2) two days from the date of postage to the South African Post Office Ltd. / Accept / Do not
accept
6.16 / Should the parties at any time before and or after the award of the bid and prior to, and or after conclusion of the contract fail to agree on any significant product price or service price adjustments, change in technical specification, change in services, etc. USAASA shall be entitled within 14 (fourteen) days of such failure to agree, to recall the letter of award and cancel the bid by giving the bidder not less than 90 (ninety) days written notice of such cancellation, in which event all fees on which the parties failed to agree increases or decreases shall, for the duration of such notice period, remain fixed on those fee/price applicable prior to the negotiations.
Such cancellation shall mean that USAASA reserves the right to award the same bid to next best bidders as it deems fit. / Accept / Do not
accept
6.17 / In the case of a consortium or JV each of the authorised enterprise’s members and/or partners of the different enterprises must co-sign this bid document. / Accept / Do not
accept
6.18 / Any amendment or change of any nature made to this RFB shall only be of force and effect if it is in writing, signed by USAASA signatory and added to this RFB as an addendum. / Accept / Do not
accept
6.19 / Failure or neglect by either party to (at any time) enforce any of the provisions of this bid shall not, in any manner, be construed to be a waiver of any of that party’s right in that regard and in terms of this bid. Such failure or neglect shall not, in any manner, affect the continued, unaltered validity of this bid, or prejudice the right of that party to institute subsequent action. / Accept / Do not
accept
6.20 / Bidders who make use of sub-contractors.
The bid will however be awarded to the bidder as the successful bidder, who will be responsible for the management of the awarded bid. No separate contract will be entered into between USAASA and any such Sub-contractors. Copies of the signed agreements between the relevant parties must be attached to the RFB. / Accept / Do not
accept
6.21 / All services supplied in accordance with this RFB must be certified to all legal requirements as per the South African law. / Accept / Do not
accept
6.22 / No interest shall be payable on accounts due to the successful bidder in an event of a dispute arising on any stipulation in the contract. / Accept / Do not
accept
6.23 / Evaluation of bids will be performed by an evaluation panel established by USAASA.
Bids will be evaluated on the basis of conformance to the required specifications as outlined in the RFB. Points will be allocated to each bidder, on the basis that the maximum number of points that may be scored for a combination of business model and funding requirement is 90, and the maximum number of preference points that may be claimed for BEE (as per PPPFA) is 10. / Accept / Do not
accept
6.24 / If the successful bidder disregards contractual specifications, this action may result in the termination of the contract. / Accept / Do not
accept
6.25 / The bidders’ response to this RFB, or parts of the response, will be included as a whole or by reference in the final contract. / Accept / Do not
accept
6.26 / Should the evaluation of this bid not be completed within the validity period of the bid, USAASA has discretion to extend the validity period. / Accept / Do not
accept
6.27 / Upon receipt of the request to extend the validity period of the bid, the bidder must respond within the required time frames and in writing on whether or not he agrees to hold his original bid response valid under the same terms and conditions for a further period. / Accept / Do not
accept
6.28 / Should the bidder change any wording or phrase in this document, the bid will be evaluated as though no change has been effected and the original wording or phrasing will be used. / Accept / Do not
accept
6.29 / All bidders’ who do not sign the declaration forms will not be considered for preference points. / Accept / Do not
accept
6.30 / In the evaluation of proposal, USAASA reserves the right to conduct independent reference checks. / Accept / Do not
accept
6.31 / USAASA will not make any upfront/deposit payments to a successful bidder. Payments will only be made in accordance to the deliverables that will be agreed upon by the both parties. / Accept / Do not
accept
6.32 / USAASA officials will not respond to any enquiries received after the 11 July 2012 12:00. / Accept / Do not
accept
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