3.3.1 This Policy applies to the procurement of all Goods and Services for and on behalf of the University regardless of funding.

3.3.2 This Policy shall apply to all procurement by the University

3.3.3 This Policy prevails over all other policies related to the procurement of Goods and Services. Accordingly, all persons involved at various levels of the University in the procurement of Goods or Services shall –

3.3.4 This Policy must be read in conjunction with all other University Policies, including, but not limited to:

3.3.5 Reasonable attempts shall be made by the University to ensure that other policies are aligned with the terms of this Policy.

3.3.6 The conditions, provisions, requirements or terms of this Policy may be relaxed for the purchase and renewal of software licenses of information resources (e.g. books and access to databases for the University’s Library Services), annual subscriptions and software licenses.

3.3.7 The conditions, provisions, requirements or terms of this Policy may be relaxed for the procurement of facilitators, tutors and highly technical specialised research material and equipment, publishers, transcriber, editors and the appointment of academic and professional consultants, subject to the proviso’s in 8.4

5.4 The responsibility for monitoring and managing the supply of Goods and Services by Suppliers/Service Providers rests with the department responsible for such Goods and Services.

6.1 All Persons in the procurement process shall act in the best interests of the University at all times and observe the following fiduciary duties:

6.2 In order to create an environment where business can be conducted with integrity and in a fair and reasonable manner, the Persons involved in the procurement process and in the management thereof, shall at all times act with integrity and with the highest ethical standards.

6.3 All Persons and procurement representatives shall ensure that their conduct complies with legislation, regulations, university’s policies and procedures applicable.

6.4 All employees implementing or transacting via the University Procurement system must be appropriately trained and sufficiently proficient in procurement principles as well as the use of the University Procurement systems in order to procure without subjecting the University to undue risk or inefficiency.

6.5 In the event that any Person breaches any terms or conditions of this Policy, the University shall be entitled, without prejudice to any of its rights in terms of this Policy or law, to take such action against the Person in terms of the applicable Disciplinary Code.

6.6 No Persons involved in the recommendation, review and appointment process shall have a direct or indirect financial interest in a Supplier/Service Provider/Trade Vendor involved in the procurement process;

7.1 Any Person involved in the procurement, tender or supplier evaluation process must complete and sign the applicable declaration of interest form.

7.2 Any Person with an interest that may affect or could be seen to affect their impartiality shall immediately declare their interest in writing, withdraw entirely from the process and relinquish all further related duties to his/her line manager.

8.1 The Procurement Manager shall combat the abuse of procurement processes in general and investigate complaints lodged with him/her or which come to his/her knowledge. These investigations may involve the conduct of an official, or other role-player relative to fraud, corruption, favouritism, unfairness, irregular or unlawful practices or failure to comply with this Policy. The Procurement Manager shall, if reasonable grounds exist to do so:

8.2 The Executive Director: Finance and Services may reject a recommendation for the award of an order and/or contract if the Preferred Supplier or Person or entity submitting a Quotation or Tender or any Director(s), Member(s), Partner(s) as the case may be, has committed a corrupt or fraudulent act in competing for the provision of Goods and Services to the University or the award of a particular contract.

8.3 The University may invalidate recommendations or decisions that were unlawfully or improperly made, taken or influenced.

8.4 Consultants should only be engaged when the necessary skills and/or resources to perform a project, duty, study or other services are not available and the University cannot be reasonably expected either to train or to recruit people in the time available and further be monitored.

8.5 Any official in a Procurement related role who becomes aware of a breach of, or failure to comply with, any aspect of the Procurement Policy must immediately report the breach or failure to the Executive Director: Finance and Services, in writing.

28.1 All office bearers, officials and staff involved in the procurement process undertake to uphold the Code of Ethics to protect the integrity of the Tender and purchasing process. This Code of Ethics is intended to supplement but not replace the University's Code of Ethics. In doing so, they pledge to –

29.1 For purposes of this clause –

29.2 All Employees shall, in writing, declare to and inform the Procurement Department of every instance where a Supplier/Service Provider has offered such Employee, for his/her individual or personal benefit any Gift with a value in excess of R1 000.00 (One Thousand Rand) per gift.

4.3 The University may adopt the practice of early contractor involvement. By doing so the contractor contribute construction knowledge, experience and inputs earlier than normal to reduce costs, before the cost proposal for detailed design and construction is agreed. When engaging with a contractor on an early contractor involvement basis, it is done on a cost based pricing strategy.

• providing a defined and agreed level of service and performance monitoring;

• taking a life-cycle approach to developing cost effective management strategies for the long term that meet the desired level of service;

• identifying, assessing and appropriately managing risks; and

• having a medium to long term financial plan which identifies required expenditure and how it will be funded.

1) The Fixed Asset Policy;

2) Procurement Policy

3) Budget Policy

4) Campus Development Plan; and

5) An annually-updated 3-5-year Infrastructure Management Plan. [P01, Preamble on whole life management; physical PDF pages 3; printed pages 3]

a) a long-term spatial development framework (Campus Development Plan); and

b) an annually-updated 3-5-year infrastructure management plan; which promote the efficient, economic, effective and sustainable use of resources.

a) the demand for infrastructure;

b) the creation and prioritisation of a pipeline of interventions; as well as

c) the management of land holdings. [P01, Sections 1 and 2 Purpose and scope; physical PDF pages 4; printed pages 4]

a) The alignment of the proposed infrastructure development with the University’s strategic intentions as articulated in its Institutional Operating Plan and the Campus Development Plan;

b) Affordability and future financial commitments.

c) Continue to apply and seek to optimise the funding opportunities provided by the DHET's infrastructure grants, and in doing so will seek to find a balance between projects focusing on:

d) Where feasible the university will increase the provision of ablution facilities that are:

e) Optimising appropriate income-generating activities where these opportunities exist or can be established. [P01, Section 4.1 Development and resource decisions; physical PDF pages 4,5; printed pages 4,5]

4.2.1 Life-cycle infrastructure asset management planning for large individual assets or groups of infrastructure assets, which include operation, maintenance and refurbishment requirements. This planning will inform major refurbishment or upgrading requirements which are incorporated into the infrastructure management plan. [P01, Section 4.2 introduction and 4.2.1 Life cycle planning; physical PDF pages 5; printed pages 5]

4.2.2 Facilities management, ensuring that:

a) the necessary internal and external facilities management resources are in place;

b) engineering infrastructure management including the following, occurs:

c) the day to day soft services (e.g. cleaning, security, catering, fire protection, waste management, reception services) are done properly and that staff or contractors and their performance is measured and reported against performance specifications; and

d) demobilisation of facilities management (e.g. Service Level Agreements) for infrastructure that will be disposed of as well as for infrastructure earmarked for upgrades, refurbishments or rehabilitation. [P01, Section 4.2.2 Facilities services and contractor performance; physical PDF pages 5; printed pages 5]

4.2.3 Progressive development of an infrastructure management system to provide reliable, consistent and updated infrastructure information to enable optimised decisions to be made, which should:

a) be used to inform infrastructure management activities; and

b) provide improved risk control assurance that the objectives in the infrastructure management policy will be achieved on a consistent basis. [P01, Section 4.2.3 Infrastructure information and risk assurance; physical PDF pages 5; printed pages 5]

4.2.4 Entering into leases for infrastructure for use by the University or for the leasing of University infrastructure and the administration thereof.

4.2.5 The management of all occupational health and safety and environmental compliance matters in relation to infrastructure and the usage of land. [P01, Section 4.2.5 Environmental compliance; physical PDF pages 5; printed pages 5]

4.2.6 Access management and security required to safeguard University infrastructure and land.

4.2.7 Management of all ICT infrastructure.

4.2.8 Reporting of infrastructure management-related matters to the oversight committees identified in Table 1, who will approve actions that are necessary for the progressive implementation of principles associated with the management of University infrastructure as set out in Annex A.

4.3.1 ICT infrastructure (including software) plans should:

a) be modular and adaptable and, as far as possible, accommodate growth, additions, changes and integration with other systems;

b) enable changes of components without impacting on the entire system;

c) limit the range of technology employed, to make maintenance and support manageable; and

d) include planning for replacement as equipment becomes obsolete very quickly.

4.3.2 Changes to any of the University’s ICT infrastructure or systems should follow the Information Technology Infrastructure Library (ITIL) change management framework which include procedures and reporting to control the movement and location of assets and allow for the appropriate decommissioning and responsible disposal of any ICT equipment. [P01, Section 4.4 ICT adaptability decommissioning and responsible disposal; physical PDF pages 7; printed pages 7]

4.5.1 The University will develop an annual Infrastructure Management Plan, that will include planning for new infrastructure, as well as plans for the operation, maintenance, refurbishment and rehabilitation of existing infrastructure, and disposal of infrastructure which is no longer required to meet the University’s objectives, and it will be based on:

a) factors such as policies, norms and standards, condition assessments, functional performance, student enrolment trends, student housing demand trends, current and forecasted levels of optimisation, and academic requirements;

b) the infrastructure planning principles contained in Annexure C;

c) the grouping of projects into programmes to enable cash flow projections for projects during a financial year to be adjusted and funds to be moved between projects within a programme to avoid under-expenditure without changing the purpose for which funds were approved; and

d) the readiness of projects for implementation.

4.5.2 The University will ensure that the following is undertaken for all projects admitted to a pipeline of projects at Stage 0 (Project Initiation) in accordance with the provisions of the University’s Procurement Policy:

a) the identification of the impediments and constraints to project implementation and establishment of the timelines required to resolve them;

b) the identification of high risk critical infrastructure; and

c) the prioritisation of projects and the establishment of realistic budgets and timelines over a 3 to 5-year period. [P01, Section 4.5 Infrastructure management plans; physical PDF pages 7,8; printed pages 7,8]

a) The requirements of the following regulatory framework need to be met:

b) All Department of Higher Education and Training infrastructure-related policies need to be adhered to, including the Higher Education Act, Space and Cost Norms for Buildings and other Land Improvements and the Policy on the Minimum Norms and Standards for Student Housing at Public Universities.

c) The value of infrastructure needs to be optimised i.e. the cost of the infrastructure provided to achieve the University’s objectives and service standards should be minimised, whilst also considering environmental, social and economic impacts.

d) Infrastructure needs to be used efficiently and reconfigured or, where practical, disposed of if it does not support the university’s objectives.

e) Infrastructure needs to be maintained and operated in such a way as to minimise life-cycle costs.

f) Where possible, changes in demand for infrastructure need to be met with solutions which do not require the acquisition of new infrastructure, taking into consideration the university’s whole portfolio (for example, maximising the use of existing facilities, or reconfiguring them, rather than building new ones, considering sharing expensive specialist facilities between universities and leasing of existing infrastructure). [P01, Annexure A clauses c to f Resource value and reuse; physical PDF pages 9; printed pages 9]

g) Risks relating to the ownership, use and operation of infrastructure need to be managed as follows:

h) The University’s infrastructure should be accessible, energy-efficient, water-efficient and sustainable.

i) Designs need to consider optimal flexibility of use. [P01, Annexure A clauses h and i Efficiency and flexibility; physical PDF pages 10; printed pages 10]

j) All infrastructure needs to be registered in an infrastructure asset register and linked into the University’s accounting system ¹. The infrastructure asset register should include information such as:

k) There needs to be periodic condition assessments of infrastructure, the results of which need to be captured on the infrastructure asset register and used to inform infrastructure plans and budgets.

l) There needs to be a periodic assessment of the levels of performance and service that infrastructure delivers, and these should be analysed against the requirements and expectations of users.

m) There needs to be a system or process for prioritisation of repairs.

n) There needs to be a system for handling of complaints and responding to requests from infrastructure users, which should include standards for reasonable response times.

o) There needs to be consultation with relevant stakeholders regarding infrastructure plans.

p) There needs to be ongoing consideration of rapidly evolving technologies (4IR, Smart Buildings etc) and these must be considered in the design, upgrading and utilisation of infrastructure. [P01, Annexure A clauses k to p Condition monitoring and response; physical PDF pages 10; printed pages 10]

• interrogating the University’s mission statement, which provides the highest order of direction for the spatial development plan, to explore the spatial implications of the academic mission;

• identifying the desirable performance qualities which a university in South Africa in the 21st century should be seeking to achieve which have spatial implications; and

• a comprehensive understanding of the contextual informants (the concrete things which have material substance, shape, topography, environmental character, climate, texture, as well as socio- economic features) which embody very different properties, in accordance with the unique cultural and environmental conditions of the place within which the University campus is located.

• living and working environments of a quality that attracts and retains world renown academics;

• adequate library, student resource amenities, student accommodation with meals and self- catering and IT facilities.

a) obtaining and considering the expectations and requirements of stakeholders in the University;

b) determining appropriate levels of service and identifying the infrastructure required to meet this level of service and to achieve the University’s strategic objectives;

c) establishing an infrastructure baseline by reviewing existing infrastructure assets, including the identification of mission-critical assets;

d) assessing existing infrastructure assets in terms of their efficiency of use, and proposing improvements;

e) identifying any gaps between the existing infrastructure and the required infrastructure;

f) considering all possible ways of meeting the gaps, such as building new infrastructure, renting infrastructure, utilising existing infrastructure more effectively, reconfiguring existing infrastructure or sharing infrastructure with other institutions, to determine the best solutions to the gaps;

g) taking a ‘whole-portfolio’ approach when considering options for addressing gaps, enabling all available options to achieve the required levels of service to be considered, ensuring the provision of infrastructure at the lowest life-cycle cost;

h) analysing asset management information;

i) determining the functional requirements and required level of service for new infrastructure and applying the space and cost norms to the needs for new infrastructure;

j) comparing the needs against the budget, and prioritising in terms of this policy if the needs exceed the budget; and

k) planning for capital projects taking into account the operation and maintenance of the infrastructure for its entire estimated design life after it has been constructed.

l) Integrating sustainability principles and strategies into all projects

m) Future proofing all projects, as far as it is practical and cost-effective, against changes in the environmental (e.g. climate change), technological (e.g. 4IR) and regulatory spheres.

• The item must be acquired for use in operations, and not for investment or sale.

• The item must have a useful life of more than one year.

• The item must have an identity which does not change with use.

• The item must usually be repaired and not replaced when damaged.

a. All computer equipment must be purchased in consultation and co-operation with the Information and Communication Services department in order to ensure that the equipment is compatible and in line with University standards.

b. Vehicles must be purchased through the Transport Department for all units at the University regardless of where the finances are administered. This procedure also applies to institutions, units and organisations whose funds are administered by the Finance Department.

a. Whether the purpose for which the fixed asset is required is in line with the objectives of the University and whether it will provide significant, direct and tangible benefit to the University.

b. Whether the purchase is absolutely necessary as there is no alternative University asset that could be upgraded or adapted.

c. Whether the fixed asset is appropriate to the task or requirement and cost effective over the life of the asset.

d. Whether the fixed asset is compatible with existing equipment and will not result in unwarranted additional expenditure on other assets or resources.

e. Whether space and other facilities to accommodate the asset are in place.

f. Whether the most suitable type, brand, model etc. has been selected.

g. Whether adequate resources are available for the maintenance & operational requirements of the asset.

• the particular grant or contract must contain a condition that the assets are not the property of the University;

• the assets must have been purchased from external research funds;

• agreement must be reached between the University and the other institution and

• the Executive Director: Finance and Services is authorised to commit the University in such negotiations.

14. Compliance with Procedures

14.1. It is recorded that during the term of the agreement, UWC or its appointed UWC Representative may implement certain reasonable procedures and policies. The Service Provider shall comply fully with any such reasonable procedures and policies, including the work procedures and health and safety procedures, provided that such policies and procedures shall have been provided to it in writing or is made accessible to the Service Provider.

14.2. The Service Provider shall ensure that it and its personnel shall at all times comply fully with any safety, fire, emergency and security procedures and policies applicable at UWC.

14.3. The Service Provider shall not transgress any rules, codes, policy documents, procedures and safety standards of UWC, which are available on request and of which the Service Provider must take notice.

14.4. Should UWC at any time believe that any member of the Service Provider’s personnel is failing to comply with any such procedures or policies, UWC shall be entitled to deny such staff member access to the relevant premises and require Service Provider to replace such person without delay.

14.5. The Service Provider shall keep safe any furniture and/or equipment and maintain and clean office, storage- and/or any change room facilities allocated by UWC to the Service Provider, in order to perform its duties.

14.6. The Service Provider and its staff shall not remove any property of UWC, or that of its employees, or its students from the premises of UWC without the written consent of UWC first being obtained.

14.7. The Service Provider and its staff shall abide by the security arrangements of UWC which may include any one or a combination of the following:-

23. Compliance with Occupational Health and Safety

23.1. The Service Provider:-

23.2. In terms of Section 37(2) of the OHS Act, the following is hereby agreed:

23.3. The Service Provider shall be responsible for the wellbeing, in relation to health and safety of all persons coming into such area in accordance with the OHS Act, subject to any directives issued by management of UWC. The Service Provider undertake to report to the Risk and Compliance Director of UWC any hazard to health and safety which exists or arises during the contract works or services in the area concerned, and over which the Service Provider has no control. The Service Provider shall issue all appropriate safety/health equipment to all persons working or coming into the area. The Service Provider furthermore agrees to specifically abide by and implement the provisions contained in UWC Safety Policy and the OHS Act.

23.4. In the event that any Regulations or State of Disaster and/or UWC Policy regarding any Pandemic be implemented, the Service Provider accepts and undertakes to strictly comply with the protocols and procedures of UWC and indemnify and holds UWC harmless against any claim flowing from any infection and/or in the event that any person, client, employee, agent, manager, or subcontractor fails to comply with any aspect of the National and/or UWC Covid-19 protocols and procedures.

26. Gender Based Violence

26.1 Adherence to the Highest Ethical Standards

26.2 Human dignity

26.3 Compliance with the Rules, Regulations and Policies of the Institution

26.4 Respect for others

• Treat all persons fairly and with respect and to not engage in discrimination based on characteristics such as race, religion, gender, disability, age, national origins, marital status, sexual orientation, gender identity or gender expression.

• Not engage in harassment of any kind, including sexual or gender harassment or bullying behaviour.

• Avoid injuring others, their property, reputation, study or employment by false or malicious actions, rumours or any other verbal or physical abuse.

26.5 The Parties agree to abide by:

26.6 UWC expects all service providers, contractors, consultants, partners and other critical stakeholders working within the institution to uphold best practice on protection and safeguarding in regard to sexual and gender related misconduct in conducting all their activities within the campus community.

26.7 All service providers, contractors, consultants and partners working with UWC will be required to accept and commit themselves to the institution’s guidelines on sexual and gender related misconduct and code of ethics.

26.8 Any failure to abide by the guidelines on sexual and gender related misconduct will constitute a breach of contract and UWC reserves the right to immediately cancel the agreement upon occurrence of such a breach.

26.9 The Company is required to institute disciplinary action against any person (on their staff or on contract) who has allegedly violated the guidelines, once informed by UWC that such allegations have been made.

26.10 The Company is required to immediately report any incident that may be perceived as a violation of any of the Policies set out herein above. Failure to report any such violation will constitute a breach of contract and UWC reserves the right to immediately cancel the Agreement upon occurrence of such a breach.