Supply, installation and commissioning of 400-ton electro-hydraulic cnc press brake for TRANSNET engineering

Closing: 27 October 2026 at 12:00

Document compilation dates:

• Compiled: 20 July 2026 (Zolani Mngithi)
• Reviewed: 17 July 2026 (Mzwenkosi Mapuko)
• Approved: 17 July 2026 (Mhlonipheni Nxumalo)

Technical evaluation: 100 points total, minimum qualifying threshold 85/100. Failure to meet the threshold disqualifies the bid as non-compliant.

Scoring breakdown:

• Organisation and staffing: 20 points
• Project lead time: 20 points
• Methodology approach: 30 points (six sub-categories at 5 points each)
• Previous experience: 30 points

Category 1 — Organisation and staffing (20 points)

• Required: Electrician with valid Wireman's License issued by the Department of Employment and Labour (DEL) for the full project duration
• CV must show minimum 36 months' experience in supply, repairs, testing and commissioning of protection systems
• CV must use Annexure A template
• Confirmatory affidavit required in Annexure B format
• 20 points: full submission with all documents
• 0 points: any document missing
• Transnet reserves the right to contact references and interview the CV holder

Category 2 — Project lead time (20 points)

• Evidence: detailed project schedule in Gantt Chart, Schedule Plan or Project Schedule Table format
• Must include milestones, durations, start and finish dates for all activities
• Must cover full scope: design, supply, delivery, installation, testing and commissioning
• Scoring:
• 1–90 working days: 20 points
• 91–100 working days: 15 points
• 101–115 working days: 10 points
• More than 115 working days: 5 points
• No information provided: 0 points

Category 3 — Methodology approach (30 points, six areas at 5 points each)

• Design, supply, delivery, installation, testing and commissioning methodology
• Project Management and Execution Strategy: execution plan from contract award to handover, organisation structure, communication, milestones, progress reporting, coordination with Transnet Engineering, risk identification, mitigation and contingency plans
• Response time to breakdowns: approach and estimated response time once Transnet Engineering reports a breakdown
• Health, Safety, Environmental and Risk Management: comprehensive HSE and risk management methodology across design, manufacture, supply, delivery, installation, testing, commissioning and handover
• Spare Parts Support and OEM Commitment: spare parts strategy for critical and consumable parts, OEM support arrangements, technical assistance, software support, evidence of OEM commitment
• Operational Readiness and Skills Transfer: training programme for operators, maintenance personnel and supervisors covering practical operation, programming, preventative maintenance; competency assessment, training records, post-training support
• 5 points each for complete methodology; 0 points for any missing area

Category 4 — Previous experience (30 points)

• Required: proven experience in design, supply, delivery, installation, testing and commissioning of electro-hydraulic synchronized CNC press brakes
• Evidence: reference letters or reference list in Annexure C format
• Reference content must include: client/company name, full scope description, verifiable contract reference number, commencement and completion dates, project value, signature by client or authorized representative
• Scoring:
• Three references: 30 points
• Two references: 10 points
• One reference: 5 points
• None: 0 points
• Only references for electro-hydraulic synchronized CNC press brakes accepted

Scope: Design, manufacture, supply, delivery, installation, testing, calibration and commissioning of a heavy duty electro-hydraulic 400 ton synchronized CNC press brake

Key deliverables:

• Complete press brake system with electro-hydraulic synchronization and CNC control
• Installation and commissioning at Transnet facility
• Calibration to operational standards
• Operator and maintenance training
• Spare parts support and OEM technical backing

Personnel requirement:

• Installation electrician with valid DEL Wireman's License and 36+ months relevant experience

Quality and support requirements:

• Comprehensive HSE and risk management plan across full project lifecycle
• Breakdown response methodology with estimated response times
• Operational readiness programme with skills transfer and competency assessment
• Post-training technical support

Six methodology areas required (5 points each, 30 points total):

1. Design, supply, delivery, installation, testing and commissioning methodology
2. Project Management and Execution Strategy: full execution plan from contract award to handover, organisation structure, communication protocols, milestones, progress reporting, coordination with Transnet Engineering, risk identification, mitigation measures and contingency plans
3. Breakdown response methodology: approach to reported breakdowns with estimated response times
4. HSE and Risk Management: comprehensive plan across all project phases
5. Spare Parts Support and OEM Commitment: parts availability strategy, OEM technical and software support, written OEM commitment evidence
6. Operational Readiness and Skills Transfer: training for operators, maintenance staff and supervisors; practical operation, programming and preventative maintenance; competency assessment, records and post-training support

Key personnel requirement:

• Electrician with valid Wireman's License from Department of Employment and Labour
• Minimum 36 months' experience in supply, repairs, testing and commissioning of protection systems
• CV in Annexure A format with confirmatory affidavit in Annexure B format
• Transnet may verify via reference checks and interviews

Company experience requirement:

• Minimum one, preferably three, reference projects for electro-hydraulic synchronized CNC press brakes
• References must cover full design-supply-delivery-installation-testing-commissioning scope
• Annexure C format required for reference lists

Quality assurance embedded in evaluation:

• Project schedules must include milestone-based progress tracking
• Methodology must demonstrate clear quality controls for design, manufacture, supply, delivery, installation, testing and commissioning
• Reference letters must be verifiable with contract reference numbers and client signatures
• Transnet reserves right to contact references and conduct verification interviews

Returnable documents and forms:

• Annexure A (Curriculum Vitae template): structured CV for key personnel including personal details, qualifications, employment history with references, and experience record for relevant projects
• Annexure B (Employment Confirmatory Affidavit): sworn affidavit confirming employment at the tendering company, signed before an independent Commissioner of Oaths or Justice of the Peace
• Annexure C (Reference List template): structured reference list with project description, client details, contact numbers, project value, and dates

Regulatory compliance:

• Valid Wireman's License from Department of Employment and Labour required for project duration
• CSD registration and valid tax compliance status expected (standard Transnet requirement)
• B-BBEE documentation required for preference points under PPPFA

Note: This document contains only the technical evaluation criteria. Full tender conditions, pricing schedule and standard SBD forms are in separate documents not provided.

HSE requirements (5 points under methodology):

• Comprehensive Health, Safety, Environmental and Risk Management methodology required
• Must cover full project lifecycle: design, manufacture, supply, delivery, installation, testing, commissioning and handover
• Must demonstrate effective risk identification, mitigation and contingency planning

See main evaluationCriteria field for complete scoring framework.

Integrity and eligibility evaluation

• Bidders must not appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Bidders must declare no previous transgressions for corruption, fraud, theft, extortion or Competition Act contraventions in the last 5 years.
• Bidders must arrive at bids independently without consultation, communication, agreement or arrangement with any competitor regarding prices, market allocation, pricing methods, bid submission decisions, or bid specifications.
• Bidders must disclose all conflicts of interest (family, business, social relationships with Transnet employees or directors) in the RFX declaration form or by immediate written notification.
• Bidders must not have litigated against Transnet in bad faith.
• Bidders must not have offered bribes or engaged in fraudulent or improper conduct towards any public body.
• Incorrect statements regarding Local Content or B-BBEE status are grounds for disqualification.
• False information under Preferential Procurement Regulations 2017 disqualifies the bid.
• Failure to declare subcontracting arrangements disqualifies the bid.
• Subcontracting to a restricted company is prohibited.

Sanctions for violations

• Immediate exclusion from bidding process or termination of pre-contract negotiations without compensation.
• Immediate cancellation of awarded or signed contract without compensation.
• Recovery of all sums already paid by Transnet.
• Encashment of advance bank guarantee, performance bond or warranty bond to recover payments with interest.
• Cancellation of all or any other contracts with the bidder.
• Future exclusion from Transnet and other organs of state business for a specified period.
• Penalty up to 10% of contract value for undisclosed subcontracting.

Transnet integrity requirements

• Zero Gifts Policy: no gifts, favours, benefits, entertainment, loans or anything of monetary value to be offered to or accepted from any person or entity.
• Mandatory disclosure of foreign agents or representatives in South Africa (for foreign bidders) or foreign principals (for South African bidders) involved in the bidding process.
• Code of conduct may be required, addressing compliance programme and rejecting bribes and unethical conduct.
• Commitment to uphold UN Global Compact ten principles: human rights (Principles 1-2), labour (Principles 3-6), environment (Principles 7-9), anti-corruption (Principle 10).
• Corrupt behaviour must be reported to a senior Transnet official or via Tip-Off Anonymous hotline: 0800 003 056.
• Mandatory declarations: no previous transgressions in past 5 years; conflict of interest disclosure; foreign agent/principal disclosure.
• Returnable form: RFX Declaration Form (certifies acquaintance with and agreement to Integrity Pact content).

Environmental and social commitments

• UN Global Compact Principle 7: support precautionary approach to environmental challenges.
• Principle 8: undertake initiatives to promote greater environmental responsibility.
• Principle 9: encourage development and diffusion of environmentally friendly technologies.
• Labour standards: freedom of association and collective bargaining; elimination of forced and compulsory labour; abolition of child labour; elimination of discrimination in employment.
• Human rights: support and respect protection of internationally proclaimed human rights; ensure not complicit in human rights abuses.

Contract terms

• Integrity Pact between Transnet SOC Ltd and bidder/supplier, forming part of vendor registration and subsequent contracts.
• Anti-corruption obligations apply throughout procurement and contract period.
• Dispute resolution: amicable resolution preferred; litigation in bad faith leads to restriction.
• Governing law: Republic of South Africa.
• Indefinite validity unless cancelled by either party.
• Severability of provisions maintained.
• Sanctions: exclusion from bidding; contract cancellation; recovery of sums paid; encashment of advance bank guarantee, performance bond or warranty bond; future exclusion from state business; 10% penalty for undisclosed subcontracting.

Transnet-specific integrity conditions

• Zero Gifts Policy: absolute prohibition on gifts, favours, benefits, entertainment, loans or anything of monetary value to or from any person or entity.
• Mandatory disclosure of foreign agents/principals involved in bidding process.
• Code of conduct may be required, addressing compliance programme and rejecting bribes and unethical conduct.
• Commitment to uphold UN Global Compact ten principles across human rights, labour, environment and anti-corruption.
• Corrupt behaviour reporting obligation: senior Transnet official or Tip-Off Anonymous hotline 0800 003 056.

Mandatory declarations and disclosures

• Declaration of no previous transgressions for corruption, fraud, theft, extortion or Competition Act contraventions in past 5 years.
• Conflict of interest disclosure: family, business or social relationships with Transnet employees or directors, either in RFX declaration form or by immediate written notification.
• Foreign agent/representative disclosure (foreign bidders) or foreign principal disclosure (South African bidders).

Restriction and disqualification grounds

• Withdrawal of bid after advertised closing date and time.
• Failure or refusal to sign contract after acceptance.
• Unsatisfactory contract performance or breach of contract conditions.
• Bribery in relation to obtaining or executing contract.
• Fraudulent, improper or bad faith conduct towards Transnet, government departments or public bodies.
• Incorrect statements regarding Local Content or B-BBEE status without good faith belief and reasonable verification.
• False information under Preferential Procurement Regulations 2017.
• Causing unrecoverable costs to Transnet.
• Bad faith litigation against Transnet.
• Restriction period: up to 10 years (extendable), with National Treasury Database of Restricted Suppliers registration.
• Prima facie standard of proof for restriction process.

This section contained only table-of-contents page markers with no tender-specific substance.

Closing date and time: 27 October 2026 at 12:00

Briefing/site visit: may be requested; attendance compulsory only if explicitly stated in the RFX document — check the RFX for specific date, time and venue

Validity period: hold bid valid for acceptance for the period requested in the RFX; Transnet may request extension

Deed of Suretyship: return within 30 calendar days from date of letter of acceptance

Progress reports: periodical submission may be required during delivery

Site visits or briefing sessions may be requested where necessary to view the site or receive further information.

Compulsory attendance: only if explicitly indicated as compulsory in the RFX Document; failure to attend compulsory sessions results in disqualification.

No specific date, time or venue stated in this document — verify in the RFX Document.

Enquiries and clarifications: upload questions via Transnet e-Tender Submission Portal or direct to the contact person listed in the RFX Document

Communication after closing: only with the contact person listed in the RFX Document

Unauthorised communication: with any Bid Adjudication Committee member or official during evaluation may result in disqualification

Foreign respondents: must specify authorised representative in South Africa with power to sign contracts and act on their behalf

Domicilium citandi et executandi: respondent must specify a place in South Africa for service of legal documents

Submission method: upload to the Transnet e-Tender Submission Portal at transnetetenders.azurewebsites.net

Closing: 27 October 2026 at 12:00

Late bids: not considered

Bid validity: hold valid for the requested period after closing; extensions may be requested but no changes permitted unless directly caused by Transnet's extension

Alterations to bid prices: delete incorrect figures, insert correct ones, and initial all changes by the signatory

Number of copies: original bid forms must be completed; additional information only if insufficient space, on company letterhead and cross-referenced

Packaging: samples (if required) must be marked with respondent name, address, bid number and item number, and reach the addressee by closing date

Returnable documents: all mandatory returnable schedules/documents listed in the RFX must be submitted; omission results in disqualification

Disqualification risks:

• Late submission
• Missing or unsigned mandatory returnable documents
• Prices quoted subject to confirmation
• Delivery basis other than specified
• Unauthorised communication during evaluation period
• Failure to attend compulsory site visit or briefing session
• Deviation from Transnet's terms and conditions not withdrawn when requested

All returnable documents listed in the RFX Documents must accompany the bid.

Mandatory returnable schedules/documents: omission results in disqualification.

Other schedules/documents: omission may result in disqualification.

This document (Annexure D — General Bid Conditions) does not contain the specific evaluation criteria for this tender. The RFX document itself governs evaluation methodology and scoring.

Mandatory pre-qualification checks evident from conditions:

• Completion and submission of all mandatory returnable documents
• No appearance on National Treasury Register of Tender Defaulters or List of Restricted Suppliers
• Valid identification of directors/members/partners
• Prices not subject to confirmation
• Delivery basis compliant with Incoterms DDP (latest) or Delivered RSA named destination as specified
• Goods must be new (unused, not second-hand or reconditioned)

Foreign respondents additional requirements:

• Written proof of authorised South African representative or agent
• Power of Attorney complying with Rule 63 of Uniform Rules of Court for contract signing
• Domicilium citandi et executandi in South Africa
• Notification of EFT payment destination (foreign principal's South African account or agent/representative's account)

Scope: design, manufacture, supply, delivery, installation, testing, calibration and commissioning of a heavy duty electro-hydraulic 400 ton synchronized CNC press brake

Goods condition: new, unused; second-hand or reconditioned goods not accepted unless otherwise stipulated

Delivery basis: Delivered Duty Paid (latest ICC Incoterms) to the delivery point specified in the RFX, unless otherwise specified

Local supplies: Delivered RSA named destination basis

Imported supplies: Delivered Duty Paid (latest ICC Incoterms) to end destination in South Africa

Lead time: must include all non-working days, holidays, stocktaking periods, and repair/overhaul periods

Contract quantities: non-binding estimate only; Transnet orders only quantities sufficient for operational requirements; supplier must fulfil orders placed on or before contract expiry

Emergency demands: supplier given first right of refusal for urgent short-notice requirements; failure to meet critical delivery allows Transnet to purchase elsewhere

Progress reports: periodical submission may be required

Samples: if required, must be submitted by closing date; Transnet may retain samples for quality checking without payment; unsuccessful bidders collect at own risk and cost if not retained

Drawings/specifications: bid strictly in accordance with Transnet drawings/specifications unless officially amended; respondent's own drawings must be submitted by closing date

Foreign specifications: translated copies required; full details of any departures from quoted specifications must be furnished in covering letter

Progress reporting: the supplier may be required to submit periodical progress reports regarding delivery of the goods.

Goods condition: new, unused condition required unless otherwise stipulated.

Second-hand or reconditioned goods not accepted.

Samples: if required, must reach addressee by closing date; retained samples used for quality and workmanship checking without payment.

Pricing basis:

• Default: Delivered Duty Paid (latest ICC Incoterms) to specified delivery point
• Alternative delivery bases: liable to disqualification
• Local supplies: Delivered RSA named destination
• Imported supplies: DDP (latest Incoterms) to South African end destination unless otherwise specified in Bid Price Schedule
• All prices in ZAR unless RFP specifically permits otherwise
• Lead time inclusive of all non-working days, holidays, stocktaking, repairs, overhauls
• Prices subject to confirmation: not accepted
• Alterations: delete incorrect, insert correct, initial by signatory

Payment terms:

• Alternative methods/financing proposals may be submitted in addition to standard terms
• Full particulars required for alternatives; financial merits evaluated
• Standard terms must be complied with first; non-compliance may preclude consideration
• Conditional discounts: calculated from receipt of correct month-end statement with proper Tax Invoice
• Advance payment guarantee required where applicable

VAT treatment:

• Local supplies: inclusive of VAT, shown separately at standard rate on Tax Invoice
• Foreign services: principal's service invoiced by SA supplier on principal's behalf; local commission portion with VAT shown separately

Currency: South African Rand (ZAR) only

Pricing format: complete Transnet Price Schedule; local supplies on Delivered RSA named destination basis, imported supplies on DDP (latest Incoterms) basis

Prices subject to confirmation: not accepted

Bid security: none specified in this document; Deed of Suretyship may be required post-award (see below)

Deed of Suretyship:

• Form: supplied by Transnet; no other guarantee form accepted
• Provider: approved bank, building society, insurance or guarantee corporation carrying on business in South Africa
• Amount: stipulated in Bid Documents if required
• Deadline: 30 calendar days from date of letter of acceptance
• Consequence of non-return: contract cancellation without notice
• Payment hold: no payments until completed form delivered
• Additional costs of default: for supplier's account

Advance payment guarantee: required where applicable if advance payments made

Conditional discounts: calculated from date of receipt of correct month-end statement with proper Tax Invoice; incorrect/incomplete invoices returned and period recalculated

VAT: local supplies inclusive of VAT at standard rate, shown separately on Tax Invoice; foreign services — principal's portion treated as principal's service, local commission portion with VAT shown separately

Exchange and remittance:

• Transnet preference: Rand-based agreements
• Forward exchange cover: requested on foreign currency portion at acceptable cost
• South African Reserve Bank approval required for foreign currency payments
• No price adjustment recognised for increases arising after delivery date
• Pro-forma/tax invoice may be requested for compliance verification

CSD registration: required (implied by standard Transnet process; verify in RFX)

Tax status: valid tax compliance required; VAT registration and proper Tax Invoices mandatory

B-BBEE: not specified in this document; verify requirements in RFX and SBD 6.1

CIDB: not applicable — this is supply of machinery, not construction works

CIPC: company registration implied; full names of directors/members/partners must be stated in bid

Professional registrations: not specified

Local content: not specified in this document; verify in RFX and SBD 6.2 if applicable

Restricted suppliers: check against National Treasury Register of Tender Defaulters and List of Restricted Suppliers — appearance disqualifies

Foreign respondents:

• Authorised South African representative or agent with written proof
• Power of Attorney complying with Rule 63 of Uniform Rules of Court
• Power of Attorney signed by principal under same title as in Bid Documents
• Certified copy if Power of Attorney includes general matters beyond contract signing
• Power of Attorney must authorise choice of domicilium citandi et executandi
• EFT payment notification with bank name and branch

Returnable forms (compress to one line each):

• SBD 4 (Declaration of Interest): disclose state employment/connections
• SBD 6.1 (Preference Points Claim): B-BBEE points claim under PPPFA
• SBD 6.2 (Local Production and Content): local content declaration if applicable
• SBD 8 (Past Supply Chain Management Practices): declare previous restrictions
• SBD 9 (Certificate of Independent Bid Determination): certify no collusion
• Authority to Sign/Board Resolution: authorise signatory to bind bidder
• Deed of Suretyship form: post-award security if required

Identification required:

• Companies: full names of all directors
• Close corporations: full names of all members
• Partnerships/individuals trading under name: full names of all partners or individual

This section contained only fragments about identification requirements, sample handling, emergency demands, foreign respondent authorisations, and restricted supplier checks — no health and safety specific requirements present in this document.

Contract formation:

• Binding upon Transnet's acceptance; email proof of delivery deemed served 1 day after sending
• Contract documents: General Bid Conditions, Terms and Conditions of Contract, Special Conditions, and bidder's response
• Formal contract signing: if notified, interim binding contract exists until final signature
• Governing law: Republic of South Africa
• Domicilium citandi et executandi: bidder must specify in bid; foreign bidders must name authorised South African representative

Security (Deed of Suretyship):

• Required when called upon, for due contract fulfilment
• Form supplied by Transnet; no alternative guarantee accepted
• From approved South African financial institution
• Return within 30 calendar days of acceptance letter
• Non-return: contract cancellation without notice
• No payments until form delivered
• Additional costs of supplier default: supplier's account

Default and remedies:

• Failure to enter contract, accept order, furnish security, or comply with conditions: Transnet may accept another bid or re-tender, recovering additional expenses from defaulting bidder

Unacceptable conditions:

• Bidders may flag unacceptable conditions with alternatives on company letterhead
• Transnet Legal Counsel decides acceptability
• Opportunity to withdraw deviation; failure to do so results in disqualification

Conflict resolution:

• General Bid Conditions subordinate to issued RFX document where conflict arises

Intellectual property:

• Copyright in supplier's plans, drawings, diagrams, specifications governed by Terms and Conditions of Contract IP clause

Hierarchy: where conflict arises between these General Bid Conditions and the issued RFX document, the RFX document conditions prevail.

This section contained only a fragment about post-closing communication and a page marker; no evaluation scoring details present in this document.

Transnet legal notices

• Contact: Executive Manager: Legal Services
• Address: Cnr Lynette and Koedoespoort, Koedoespoort Road, Pretoria
• Attention: Transnet Engineering Legal Department

Transnet commercial notices

• Contact: Mpho Ntjoboko
• Email: [email protected]
• Attention: Contracts Department

Supplier/Service Provider notices: to be completed in the Agreement (legal and commercial addresses, fax numbers, attention lines).

Notice deemed given: hand delivery on day of delivery; fax on date/time of sending with fax confirmation printout, confirmed by registered post; email on date/time received, confirmed by registered post.

Evaluation method: not specified in this document (Master Agreement).

Preference points system: not specified.

Minimum qualifying score: not specified.

B-BBEE: Valid B-BBEE verification certificate required; proof of status due at the beginning of March each year during the contract term. Immediate notification required for any downgrade in B-BBEE status or corporate restructure affecting B-BBEE status. Failure to provide B-BBEE data within 30 calendar days of written request constitutes a default.

Subcontracting B-BBEE limit: No more than 25% of contract value may be subcontracted to an enterprise with a lower B-BBEE status level than the Supplier, unless subcontracted to an EME with capability to execute the subcontract.

Penalties for SLA non-compliance: Penalties imposed for late delivery against agreed milestones where delay is not Transnet's fault.

Subcontracting non-compliance penalty: 100% of undelivered subcontracting value plus an additional 10% of that difference. Non-compliance Penalty Certificate issued 90 business days before contract expiry. Payment due within 10 business days of valid Tax Invoice; failure allows set-off from amounts due to Supplier.

Dispute resolution: Negotiation within 10 business days; unresolved disputes referred to AFSA for arbitration in Johannesburg. Clause is severable and survives termination. Urgent relief in court permitted.

Scope: Design, manufacture, supply, delivery, installation, testing, calibration and commissioning of a heavy duty electro-hydraulic 400 ton synchronized CNC press brake.

Goods definition: Heavy duty electro-hydraulic 400 ton synchronized CNC press brake, materials/products specified in Schedule of Requirements (Schedule 1).

Schedule of Requirements: Schedule 1 appended to the Agreement; Purchase Orders/Work Orders issued by Transnet operating divisions control delivery.

Incoterms: Applicable Incoterm stipulated in Schedule 1 if contract involves import/export; latest ICC version applies.

Service Level Agreement (SLA): Processes, deliverables, KPIs and performance standards relating to the Goods/Services.

Railway safety: Compliance with National Railway Safety Regulator Act and specifications in Schedule 1; Transnet may review subcontractor safety capability and access safety-related activities.

Inspection: Transnet may inspect Goods at Supplier's works/warehouse during working hours with 7 business days' notice of readiness. Supplier provides calibrated gauges, test equipment, test pieces, samples, labour and apparatus. Calibration certificates not older than 12 months from Transnet-approved laboratory. Transnet may recover inspection costs for rejected Goods.

Defective Goods: Transnet may reject non-conforming Goods; Supplier must remedy or replace at own cost within reasonable time. Transnet may remedy defects and recover costs if Supplier fails. Amounts recoverable may be deducted from monies due to Supplier.

Non-conformance: Transnet may raise Non Conformance Report (NCR); Supplier must investigate and remedy within stipulated time frame. Failure to comply entitles Transnet to further remedies.

Warranties: Goods manufactured per Schedule 1 specifications or manufacturer's specifications agreed in writing. Execution does not infringe third-party rights. Reasonable precautions taken for disaster impact.

Intellectual Property: Background IP (pre-existing) and Foreground IP (developed under Agreement) defined. Confidential Information broadly defined including technical, commercial, financial, strategic, personal and operational data.

Pricing: Prices detailed in Schedule of Requirements; inclusive and exclusive of VAT at applicable ZAR rate. Price review as indicated in Schedule of Requirements/Work Order. Negotiations commence no less than 2 months before proposed adjustment. Factors: market-related pricing, continuous improvement, costs (labour, raw materials, transport/delivery), order size/frequency, specification changes. Supplier keeps full cost records in Transnet-approved form; Transnet may inspect and audit. Dispute resolution if agreement not reached.

Benchmarking: If Transnet can purchase similar goods/services at lower total delivered cost, Supplier has 30 calendar days to match price or Transnet may purchase elsewhere, reduce obligations or terminate without penalty. If Supplier sells equivalent goods/services to third party at lower total delivered cost, Supplier has 30 calendar days to adjust price to Transnet or Transnet may purchase elsewhere or terminate. Supplier must certify compliance within 30 calendar days of Commencement Date or on request.

Payment: Transnet pays upon receipt of valid, undisputed Tax Invoice with supporting documentation per Schedule of Requirements. Month-end statement submitted with Tax Invoices; payment within 30 calendar days of receipt. Transnet may withhold payment if irregular expenditure suspected. Late payment interest at Standard Bank prime rate from due date until paid. Ownership of Supplier's Goods passes to Transnet only on full payment; risk and benefit pass on delivery.

Penalties: SLA non-compliance penalties imposed for late delivery. Subcontracting non-compliance penalty: 100% of undelivered subcontracting value plus 10%. Non-compliance Penalty Certificate issued 90 business days before expiry; payment within 10 business days of valid Tax Invoice; VAT on penalties for Supplier's account. Set-off permitted for non-payment.

Insurance: Supplier must maintain all required licences, permits and certifications (including B-BBEE certificate) throughout contract term. Failure to present renewals entitles Transnet to terminate without liability.

Tax compliance: Supplier must ensure Tax Clearance Compliance for duration of Agreement; comply with Income Tax Act, VAT Act, PAYE and all tax legislation.

Restricted suppliers: No award to bidders on National Treasury Register of Tender Defaulters or List of Restricted Suppliers. Transnet may withdraw award or cancel contract if restriction discovered.

B-BBEE: Valid B-BBEE verification certificate per latest Codes of Good Practice; proof submitted annually at beginning of March. Notify Transnet of any status downgrade or corporate restructure affecting B-BBEE. Provide B-BBEE underlying data within 30 calendar days of written request. Subcontracting limited to 25% of contract value to enterprises with lower B-BBEE status unless EME with capability.

Tax: Tax Clearance Compliance required for duration of Agreement; compliance with Income Tax Act, VAT Act, PAYE and all tax legislation.

Occupational Health and Safety: Compliance with Occupational Health and Safety Act and all labour legislation.

Environmental: Compliance with all applicable environmental legislation and regulations; demonstrate sound environmental performance; maintain environmental management policy ensuring environmentally appropriate procurement, production, packaging, delivery, use and disposal.

Railway safety: Compliance with National Railway Safety Regulator Act and Schedule 1 specifications; subcontractor safety capability subject to Transnet review; Transnet access to safety-related activities.

Supplier Integrity Pact: Compliance with Transnet Supplier Integrity Pact (avoid dishonesty, fraud, corruption; fair, transparent, free from undue influence).

Anti-discrimination: No victimisation, harassment or discrimination on gender, race, disability, age, religious belief, sexual orientation or part-time status; ensure employees, agents and subcontractors comply with discrimination legislation.

Ethical conduct: Honesty, integrity, open communication, no conflicts of interest, no bribery/gifts/undue influence, no misleading Transnet, no reputational damage, immediate reporting of unethical/fraudulent/unlawful conduct.

Confidentiality: Protect Confidential Information; use only for Permitted Purpose; no disclosure without authorisation.

Personal information (POPIA): Process only for express purpose; destroy after use subject to legal retention; restrict to authorised personnel; no unauthorised disclosure; implement technical/organisational security measures.

Restricted suppliers: Not listed on National Treasury Register of Tender Defaulters or List of Restricted Suppliers.

Certifications: Maintain validity of all renewable certifications (including B-BBEE) throughout term; failure allows Transnet to terminate.

Subcontracting: Only with Transnet approval; undeclared subcontracting penalised up to 10% of contract value. Transnet may seek input from initial subcontractor on replacement. Supplier remains liable for subcontractor performance. Subcontracting must not reduce overall contract value below minimum threshold. Direct payment to subcontractor at Transnet's discretion (undisputed invoice + Supplier confirmation) but no right created.

Cession/Assignment: Cession only for transfer of payment rights to FSP or State Institutions; written request by Supplier with cession agreement. Assignment prohibited (against Constitution s217 principles).

Force majeure: Neither party liable for failure/delay caused by acts of God, fire, flood, war, lockout, government action, laws/regulations, terrorism, civil disturbance, defaults or factors beyond reasonable control.

Governing law: South African law; jurisdiction of South African courts.

Amendments: Only valid if in writing, signed by both parties, added as addendum; Change Notice and Response process required. Disputes on changes follow dispute resolution.

Whole agreement: This Agreement constitutes whole and only agreement; replaces all prior agreements.

Counterparts: May be signed in counterparts.

Database of Restricted Suppliers: Transnet reserves right to withdraw award or cancel contract if bidder restricted by another government institution.