Contract duration: Three-month service lease agreement.
Termination: Transnet may terminate immediately if successful bidder fails to renew returnable documents when due, without liability and without prejudice to damage claims.
Price negotiation: Transnet may negotiate market-related price with highest-ranked bidder, then sequentially with 2nd and 3rd ranked; may cancel RFQ if no agreement after third negotiation.
Award to next ranked bidder: If preferred bidder fails to sign or commence within reasonable period, Transnet may award to next ranked bidder at quoted price; validity of next ranked bids deemed to remain valid.
Validity extension: Bidders may be requested to extend bid validity on same terms; failure to respond before expiry excludes bidder from process.
JSE disclosure: Transnet may disclose contract details (company name, goods/services, value, duration) for JSE Debt Listing Requirements.
DPIP/FPPO: Transnet will not conclude business without considering governance protocols, determining DPIP/FPPO status, and conducting risk assessment/due diligence. Successful bidders with DPIP/FPPO relationships will be published annually on Transnet website.
Sub-contracting due diligence: Transnet may assess sub-contractors and request information to detect fronting.
Legal review: Proposed contractual terms subject to Transnet Legal Counsel review before award.
Security clearance: Successful bidder, personnel and subcontractors may require CONFIDENTIAL/SECRET/TOP SECRET clearance; bidder's responsibility.
ESG information: Transnet may request ESG standing at any stage (not for evaluation/disqualification).
Breach of law: Transnet reserves right to exclude any bidder found guilty of serious breach of law in preceding five years.
Former Transnet employees: Disclosure required for any owner/member/director/partner/shareholder/employee who was a Transnet employee/board member in past 10 years; involvement in bid preparation or access to RFQ information must be declared.
Standard terms: Contract subject to Transnet General Bid Conditions, Standard RFQ Terms and Conditions, Supplier Integrity Pact, Non-disclosure Agreement. Material deviation from standard terms may disqualify.
Acceptance: Letter of Award acceptance constitutes final contract read with RFQ response and Standard Terms and Conditions.