assist the Enterprise Portfolio Management Office of the Gautrain Management ...

Returnable Documents:

1. The Gautrain Management Agency (GMA) is a PFMA Schedule 3(C) listed provincial public entity which has been established in terms of the GMA Act No. . The GMA is substantially funded from the Provincial Revenue Fund in order to carry out the following strategic objectives: • Assist the Gauteng Provincial Government (GPG) in implementing Gautrain and achieving the Project’s objectives. • Act on behalf of GPG in managing the relationship between Province and the Concessionaire in terms of the Concession Agreement and ensure that the interests of Province are protected. • Enhance the integration of Gautrain with other transport services and Public Transport Plans. • Promote and maximise the Socio-Economic Development and B-BBEE objectives of the GPG in relation to Gautrain. • Liaise with and promote co-operation between government structures in all three spheres of Government in relation to Gautrain. • Liaise with persons having an interest in the project. • Manage assets relating to Gautrain and promote their preservation and maintenance. • Manage the finances of the Gautrain Project and the financial securities provided by the Concessionaire. • Monitor the policy and legislative environment of the Gautrain Project 9 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 2. The Bombela Concession Company (RF) (Pty) Ltd (BCC or the Concessionaire) entered into a Concession Agreement with the Gauteng Province (Province) for the design, partial finance, construction, operation, and maintenance of the Gautrain Rapid Rail Link until 27 March 2026. The Operations Commencement Date (OCD) 1 started on 08 June 2010 for the section between Sandton station and ORTIA station. Extended Phase (EP) 1 services commenced on 02 August 2011 between Hatfield and Rosebank stations. The Operations Commencement Date 2 services commenced on 07 June 2012 between Rosebank and Park stations, in so doing providing a complete service between Park and Hatfield stations. At the end of the concession period, the Concessionaire shall transfer the Gautrain System to the GMA. 3. The GMA is inviting responses to this Request for Proposal (reference number GMA/005/25) in order to appoint a suitably qualified and experienced panel of advisors to assist the enterprise portfolio management office of the GMA for a period of three (3) years as specified in this RFP PART B – Terms of Reference. 4. The appointment of a successful service provider(s) is subject to conclusion of a service level agreement between the GMA and the service provider. RFP OBJECTIVES 5. The objective of the tender is to find suitably qualified and experienced panel of advisors to assist the Enterprise Portfolio Management Office of the GMA for a period of three (3) years. 10 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY INDICATIVE PROJECT TIMETABLE ACTIVITY DATE Issue of RFP 11 December 2025 Non-Compulsory Briefing session 14 January 2026 at 14:00 Bidders must request a virtual link to the briefing session by sending an email to: tenderenquiries@gautrain.co.za Closing Date for submitting questions 27 January 2026 Closing Date and Time 30 January 2026 at 11H00 Intended completion of evaluation of tenders 25 February 2026 Intended formal notification of successful Bidders 20 March 2026 Effective date of contract 31 March 2026 *This timetable is provided as an indication of the timing of the tender process. It is indicative only and subject to change by the GMA. Bidders are to provide proposals that will allow achievement of the intended commencement date. SUBMISSION OF TENDERS Web-based Online Submission (Compulsory) GMA has implemented an Automated Tender System (“ATS”) as part of its digitization strategy. The ATS is an electronic procurement (e-Procurement) web-based system that facilitates complete bidding process from the advertising of the requirement (tender) through to the award of contract. This includes the exchange of all relevant documents in electronic format through a secure platform with data security and probity features. 11 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY Proposal Submission All bids must be submitted through a secure web- based Automated Tender System (“ATS”). To avoid any challenges that may affect submitting a bid on time, Bidders should at least ensure that they are registered in the ATS and ready to submit bid documents 48hours before closing date and time; and after registration, complete submission of all bid documents at least 5 hours before closing date and time. GMA takes no responsibility for any Bidder’s failure to successfully submit a bid by closing date and time. NO BIDS MAY BE PHYSICALLY SUBMITTED AT GMA OFFICES. Access to the ATS https://eprocurement.gautrain.co.za/ PLEASE NOTE: THE MAXIMUM SIZE FOR SUBMIT BIDS IS 50MB PER ATTACHMENT Hours of access to ATS 24/7. Submission of bid proposal will close at 11h00 on the 30 January 2026. Data Format PDF files only may be uploaded Enquiries For ATS system related problems contact IT Helpdesk on ats_helpdesk@gautrain.co.za For Tender Queries contact SCM on tenderenquiries@gautrain.co.za ATS Bid Submission Status (Draft or Bidders must ensure that all their tender Submitted) documents are uploaded on the ATS before closing date and time by clicking the “submit” button for the bids to reflect submitted status. 12 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY Bids that are in draft status at the closing date and time shall be considered as non-submission. RULES GOVERNING THIS RFP AND THE TENDERING PROCESS APPLICATION OF RULES 6. Participation in the tender process is subject to compliance with the rules contained in this RFP Part A. 7. All persons (whether or not a Participant in this tender process) having obtained or received this RFP may only use it, and the information contained therein, in compliance with the rules contained in this RFP Part A. 8. All Bidders are deemed to accept the rules contained in this RFP Part A. 9. The rules contained in this RFP Part A apply to: a. The RFP and any other information given, received or made available in connection with this RFP, and any revisions or annexure; b. the Tendering Process; and c. any communications (including any briefings, presentations, meetings and negotiations) relating to the RFP or the Tendering Process. 13 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY REQUEST FOR PROPOSAL STATUS OF REQUEST FOR PROPOSAL 10. This RFP is an invitation for service provider/s to submit a proposal(s) for the provision of the services as set out in the Specification contained in this RFP Part B. Accordingly, this RFP must not be construed, interpreted, or relied upon, whether expressly or implied, as an offer capable of acceptance by any person(s), or as creating any form of contractual, promissory or other rights. 11. No binding contract or other understanding for the supply of the Services will exist between the GMA and any Bidder unless and until the Agency has executed a formal written contract with the successful Bidder. ACCURACY OF REQUEST FOR PROPOSAL 12. Whilst all due care has been taken in connection with the preparation of this RFP, the GMA makes no representations or warranties that the content in this RFP or any information communicated to or provided to Bidders during the Tendering Process is, or will be, accurate, current or complete. The GMA, and its officers, employees and advisors will not be liable with respect to any information communicated which is not accurate, current or complete. 13. If a Bidder finds or reasonably believes it has found any discrepancy, ambiguity, error or inconsistency in this RFP or any other information provided by the GMA (other than minor clerical matters), the Bidder must promptly notify the Agency in writing (by e- mail to the address tenderenquiries@Gautrain.co.za) of such discrepancy, 14 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY ambiguity, error or inconsistency in order to afford the GMA an opportunity to consider what corrective action is necessary (if any). 14. Any actual discrepancy, ambiguity, error or inconsistency in this RFP or any other information provided by the GMA will, if possible, be corrected and provided to all Bidders without attribution to the Bidder who provided the written notice. ADDITIONS AND AMENDMENTS TO THE RFP 15. The GMA reserves the right to change any information in, or to issue any addendum to this RFP before the Closing Time. The GMA and its officers, employees and advisors will not be liable in connection with either the exercise of, or failure to exercise this right. 16. If the GMA exercises its right to change information in terms of clause 15, it may seek amended Tenders from all Bidders. REPRESENTATIONS 17. No representations made by or on behalf of the GMA in relation to this RFP will be binding on the GMA unless that representation is expressly incorporated into the contract ultimately entered into between the GMA and the successful Bidder. CONFIDENTIALITY 18. All persons (including all Bidders) obtaining or receiving this RFP and any other information in connection with this RFP, or the Tendering Process must keep the contents of the RFP and other such information confidential, and not disclose or use 15 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY the information except as required for the purpose of developing a proposal in response to this RFP. COMMUNICATIONS DURING THE TENDERING PROCESS REQUESTS FOR CLARIFICATION OR FURTHER INFORMATION 19. All communication and attempts to solicit information of any kind relative to this tender should be in writing and channelled to the Supply Chain Management Unit via the ATS and the response will be provided on the same platform . 20. Any communication by a Bidder to the GMA will be effective upon receipt by the SCM Unit (provided such communication is sent through the correct channel of communication). 21. The GMA has restricted the period during which it will accept questions or requests for further information or clarification and reserves the right not to respond to any enquiry or request, irrespective of when such enquiry or request is received. 22. Except where the GMA is of the opinion that issues raised apply only to an individual Bidder, questions submitted, and answers provided will be made available to all Bidders through the GMA’s ATS portal without identifying the person or organisation which submitted the question. 16 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 23. In all other instances, the GMA may directly provide any written notification or response to a Bidder by email to the address of the Bidder (as notified by the Bidder to the SCM Unit). 24. A Bidder may, by notifying the SCM Unit in writing, withdraw a question submitted in accordance with clause 19, in circumstances where the Bidder does not wish the GMA to publish its response to the question to all Bidders. UNAUTHORISED COMMUNICATIONS 25. Bidders may not contact (including promotional or advertising activities) any GMA staff or Advisors of GMA, except through the channel in clause 19 above, on any matter pertaining to the bid from the time when the bid is advertised to the time the bid is awarded. Communicating with any GMA staff or Advisors of GMA except through the channel in clause 19 above will be perceived as an effort by a bidder to influence bid evaluation, bid adjudication or bid award decisions in any manner, and will result in rejection of the bid concerned. Nothing in this clause is intended to prevent communications with staff of, or advisors of the GMA to the extent that such communications do not relate to this RFP or the Tendering Process. 26. Bidders must not otherwise engage in any activities that may be perceived as, or that may have the effect of, influencing the outcomes of the Tendering Process in any way. IMPROPER ASSISTANCE, FRAUD AND CORRUPTION 17 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 27. Bidders may not seek or obtain the assistance of employees, contractors, or advisors of the GMA in the preparation of their tender responses, except where contractors or advisors are participating in the tender in which case the Bidder must disclose such participation in its tender by declaring their possible interest or conflict in the relevant SBD 4 form. 28. The GMA may in its absolute discretion, immediately disqualify a Bidder that it believes has sought or obtained such improper assistance. 29. Bidders are to be familiar with the implications of contravening the Prevention and Combating of Corrupt Activities Act, No. and any other relevant legislation. 30. Bidders are encouraged to stop crime at the GMA in its tracks and report it anonymously to: telephone: 0800 222 585 or SMS 33490 or email: gautrain@whistleblowers.co.za or Whistle Blowers App (https://www.whistleblowing.co.za/download-app/) ANTI-COMPETITIVE CONDUCT 31. Bidders and their respective officers, employees, agents, and advisors must not engage in any collusion, anti-competitive conduct, or any other similar conduct in respect of this Tendering Process with any other Bidder or any other person(s) in relation to: a. The preparation or lodgement of their Tender b. the evaluation and clarification of their Tender; and 18 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY c. the conduct of negotiations with the GMA. 32. Collusion, anti-competitive conduct or any other similar conduct may include disclosure, exchange, and clarification of information whether or not such information is confidential to the GMA or any other Bidder or any other person or organisation. 33. In addition to any other remedies available to it under law or contract, the GMA may, in its absolute discretion, immediately disqualify a Bidder that it believes has engaged in any collusive, anti-competitive conduct or any other similar conduct during the entire Tendering Process. COMPLAINTS ABOUT THE TENDERING PROCESS 34. Any complaint about the RFP or the Tendering Process must be submitted to the SCM Unit in writing, (preferably by email: tenderenquiries@gautrain.co.za ), immediately upon the cause of the complaint arising or becoming known to the Bidder. 35. The written complaint must set out: a. The basis for the complaint, specifying the issues involved; b. how the subject of the complaint affect the organisation or person making the complaint; c. any relevant background information; and d. the outcome desired by the person or organisation making the complaint. 19 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 36. If the matter relates to the conduct of an official, employee or advisor of the GMA, the complaint should be addressed in writing marked for the attention of the Chief Executive Officer of the GMA and delivered to the physical address of the GMA (44 Grand Central Boulevard, Midrand). CONFLICT OF INTEREST 37. A Bidder must not, and must ensure that its officers, employees, agents, and advisors do not place themselves in a position that may give rise to actual, potential, or perceived conflict of interest between the interests of the GMA and/or the Gauteng Provincial Government and the Bidders interests during the Tender Process. 38. The Bidders Response in this RFP Part C requires the Bidder to provide details of any interests, relationships or clients which may or do give rise to a conflict of interest in relation to the supply of the services under any contract that may result from this RFP. 39. If the Bidder submits its Tender and a subsequent conflict of interest arises, or is likely to arise, which was not disclosed in the Tender, the Bidder must notify the GMA immediately in writing of that conflict. 40. The GMA may immediately disqualify a Bidder from the Tendering Process if the Bidder fails to notify the GMA of the conflict as required. LATE TENDERS 20 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 41. Tenders must be lodged by the Closing Date and Time electronically in the ATS. The ATS system will automatically lock at the Closing Date and Time. Late bids will not be accepted or considered. 42. The determination of the GMA as to the actual time that a Tender is lodged is final. TENDER DOCUMENTS BIDDERS RESPONSIBILITIES 43. Bidders are responsible for: a. Examining this RFP and any documents referenced or attached to this RFP and any other information made or to be made available by the GMA to Bidders in connection with this RFP; b. fully informing themselves in relation to all matters arising from this RFP, including all matters regarding the GMA’s requirements for the provision of the Services; c. ensuring that their Tenders are accurate, complete, and submitted on ATS; d. making their own enquiries and assessing all risks regarding this RFP, and fully considering and incorporating the impact of any known and unknown risks into their Tender; e. ensuring that they comply with all applicable laws in regard to the Tendering Process particularly as specified by National Treasury Regulations, Guidelines, Instruction Notes and Practice Notes and other relevant legislation as published from time to time in the Government Gazette; 21 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY f. submitting proof of registration on National Treasury Centralised Supplier Database and all other returnable documents; and g. Failure to provide the required information could result in disqualification of the bidder. PREPARATION OF TENDERS 44. Bidders must ensure that: a. Their Tender is submitted in the required format as stipulated in this RFP Part A; and b. all the required information fields in RFP Part C are completed in full and contain the information requested by the GMA and signed. Note to Bidders: The GMA may in its absolute discretion reject a Tender that does not include the information requested. 45. Unnecessarily elaborate responses or other presentations beyond that which is sufficient to present a complete and effective tender proposal are not desired or required. Elaborate and expensive visual and other presentation aids are not necessary. ILLEGIBLE CONTENT, ALTERATION AND ERASURES 46. Incomplete Tenders may be disqualified or evaluated solely on information contained in the Tender. 47. The GMA may disregard any content in a Tender that is illegible and will be under no obligation whatsoever to seek clarification from the Bidder. 22 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 48. The GMA is entitled to amend any bid conditions, validity period, specifications, or extend the closing date of bids before the closing date. All bidders, to whom the bid documents have been issued, will be advised in writing of such amendments in good time. OBLIGATION TO NOTIFY ERRORS 49. All notifications to bidders shall be done via email to the email addresses registered in the ATS. RESPONSIBILITY FOR TENDERING COSTS 50. The Bidders participation or involvement in any stage of the Tendering Process is at the Bidders sole risk, cost, and expense. The GMA will not be held responsible for, or pay for, any expense or loss that may be incurred by Bidders in relation to the preparation or lodgement of their Tender. 51. The GMA is not liable to the Bidder for any costs on the basis of any contractual, or promissory or restitutionary grounds whatsoever as a consequence of any matter relating to the Bidders participation in the Tendering Process, including without limitation, instances where: a. The Bidder is not engaged to perform under any contract; or b. the GMA exercises any right under this RFP or at law. DISCLOSURE OF TENDER CONTENTS AND TENDER INFORMATION 52. All Tenders received by the GMA will be treated as confidential. The GMA will not disclose any Tender contents and Tender information, except: a. As required by law; 23 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY b. for the purpose of investigations by other government authorities having relevant jurisdiction; c. to external consultants and advisors of the GMA engaged to assist with the Tendering Process; or d. for the general information of Bidders required to be disclosed as per National Treasury Regulations, Guidelines, Instruction Notes or Practice Notes. USE OF TENDERS 53. Upon submission in accordance with the requirements of submission of Tenders, all Tenders submitted become the property of the GMA. Bidders will retain all ownership rights in any intellectual property contained in the Tender. 54. Each Bidder, by submission of their Tender, is deemed to have licensed the GMA to reproduce the whole, or any portion, of their Tender for the purposes of enabling the GMA to evaluate the Tender. 55. Further, in submitting a Tender, the Bidder accepts that the GMA shall, in accordance with the requirements of Treasury Regulation No. 16A.6.3(d) and the National Treasury Instruction Note on Enhancing Compliance Monitoring and Improving Transparency and Accountability in Supply Chain Management, publish (on the internet or otherwise): a. The names of all Bidders that submitted bids in relation to this RFP within 10 (Ten) working days after the closing date of this RFP, if the bid is above the threshold value of R500 000; and b. on award of the bid, the name of the successful Bidder, the contract price, B-BBEE level of contribution status, the contract number and description of the contract awarded. 24 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY PERIOD OF VALIDITY 56. All Tenders received must remain valid and open for acceptance for a minimum of 120 (one hundred and twenty) days from the Closing Date. This period may be extended by written mutual agreement between the GMA and the Bidder. STATUS OF TENDER 57. Each Tender constitutes an irrevocable offer by the Bidder to the GMA to provide the Services required and otherwise to satisfy the requirements of the Specification as set out in this RFP Part B. 58. A Tender must not be conditional on: a. The Board approval of the Bidder or any related governing body of the Bidder being obtained; b. the Bidder conducting due diligence or any other form of enquiry or investigation; c. the Bidder (or any other party) obtaining any regulatory approval or consent; d. the Bidder obtaining the consent or approval of any third party; or e. the Bidder stating that it wishes to discuss or negotiate any commercial terms of the contract. 59. The GMA may, in its absolute discretion, disregard any tender that is, or is stated to be, subject to any one or more of the conditions detailed above (or any other relevant conditions). 60. The GMA reserves the right to accept a Tender in part or in whole or to negotiate with a Bidder in accordance with the clause 88 (Unreasonable disadvantage) of this RFP Part A. 25 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY TENDER RESPONSE COMPLIANCE WITH SPECIFICATION 61. Under Part C of this RFP, a Bidder must submit a tabulated statement showing its level of compliance to the Specification contained in this RFP Part B. 62. In particular, Bidders must state if they will not comply with the Specification or will only comply with the Specification subject to conditions. Full details of the non- compliance (including the nature and extent of the non-compliance and any reasons for such non-compliance) must be stated in the space provided in the tabulated statement. 63. No response is required in respect of a particular section of the Specification where Bidders will comply with the Specification. Only sections that Bidders have not complied with, or will only comply with subject to conditions, should be noted in the tabulated statement. 64. The GMA is prepared to contemplate minor variations or departures from the Specification proposed by Bidders. 65. However, Bidders should note that significant or substantive variations or departures from the Specifications will not be viewed favourably unless the Bidder is able to clearly demonstrate to the satisfaction of the GMA the necessity for such variations or departures. Note to Bidders: The GMA will assume that a Bidders Response complies in all relevant respects with the Specification unless the Bidder states otherwise. Failure to notify the GMA of any non-compliance may result in a Bidders Response being disregarded. 26 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY 66. For the purposes of clauses 70,71 and 72: • Yes/Complies means that in all respects the Bidders Response meets or otherwise satisfies all specified outputs, characteristics or performance standards. • Will comply subject to conditions means that the specified outputs, characteristics or performance standards can only be met by the Bidder subject to certain conditions. • No/Will not comply means that the specified outputs, characteristics or performance standards is not met by the Bidders Response. GENERAL 67. Indefinite responses such as “noted”, “to be discussed” or “to be negotiated” are not acceptable. 68. Where the Bidder is unwilling to accept a specified condition, the non- acceptance must be clearly and expressly stated. Prominence must be given to the statement detailing the non-acceptance. It is not sufficient that the statement appears only as part of an attachment to the Tender or be included in a general statement of the Bidders usual operating conditions. 69. An incomplete Tender may be disqualified or assessed solely on the information completed or received with the Tender. ALTERNATIVE TENDER 70. A Bidder may submit an alternative proposal. An alternative proposal will only be accepted if: a. The Bidder also provides a conforming Bidders Response; and 27 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY b. The alternative proposal is clearly identified as an “Alternative Tender”. 71. An Alternative Tender may: a. Not comply with the Specifications for the relevant Services due to inherent design or capability in the operation of the Services; or b. Provide the Services in a manner different to that specified in this RFP Part B. INNOVATIVE SOLUTIONS 72. Bidders are encouraged to offer options or solutions which may, in an innovative way, contribute to the GMA’s ability to carry out its operations in a more cost- effective manner. 73. These options or solutions may be related to: a. The outputs, functional, performance and technical aspects of the requirement; or b. Opportunities for more advantageous commercial arrangements. 74. Any such options or solutions will be considered by the GMA on a “commercial in confidence” basis if so requested by the Bidder. 75. Where a Bidder submits an offer which meets the requirements of this RFP in an alternative and practical manner, the Tender must also include any supplementary material (including such pricing and costing details as may be necessary to enable the GMA to fully assess the financial impact of the alternative proposal), which demonstrates in detail that such an alternative will fully achieve and/or exceed all the specified requirements, together with references as to why the additional features may be advantageous. 76. The GMA reserves the right to consider such offers on their merits or not to consider them at all. 28 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY CONTRACT DISCLOSURE REQUIREMENTS DISCLOSURE OF INFORMATION 77. The Conditions of Tendering include a provision for the disclosure of contract information (refer to this RFP Part A dealing with “Use of Tenders”). 78. If a Bidder wishes to withhold the disclosure of specific contract information, the Bidder must clearly outline how the release of this information will expose trade secrets, business strategy or unique methodologies that may expose the business unreasonably to disadvantage. TRADE SECRETS 79. In considering whether specific information should be categorised as a trade secret, Bidders should assess: a. The extent to which it is known outside of the Bidders business; b. the extent to which it is known by the persons engaged in the Bidders business; c. any measures taken to guard its secrecy; d. its value to the Bidders business and to any competitors; e. the amount of money and effort invested in developing the information; and f. the ease or difficulty with which others may acquire or develop this information. UNREASONABLE DISADVANTAGE 80. In determining whether disclosure of specific information will expose a Bidders business unreasonably to disadvantage, the following should be considered: a. Whether the information is generally available to competitors; and 29 | P a g e BID NO.: GMA/005/25 – PROVISION FOR PANEL OF ADVISORS TO ASSIST THE ENTEPRISE PORTFOLIO MANAGEMENT OFFICE OF THE GAUTRAIN MANAGEMENT AGENCY b. Whether it could be disclosed without causing substantial harm to the competitive position of the business. The GMA will consider these applications in the Tender evaluation and negotiations (if any) with Bidders. EVALUATION OF TENDERS EVALUATION PROCESS 81. Following the Closing Time, the GMA intends to evaluate the Tenders received. 82. Tenders will be evaluated against the Evaluation Criteria specified under the section “Evaluation Criteria Format”. 83. Without limiting the GMA’s rights in the RFP, the GMA may at any time during the Tendering Process choose to: a. Shortlist one or more Bidders; and b. accept one or more of the Tenders. 84. Unless the Evaluation Criteria explicitly require, the GMA may, but is not in any way bound to, shortlist, to select as successful, or to accept the Tender offering the lowest price. 85. Should the GMA choose to include a short-listing stage in its evaluation process, the GMA is not, at any time, required to notify Bidders or any other person or organisation interested in submitting a Tender. 86. A Bidders Response will not be deemed to be unsuccessful until such time as the Bidder is formally notified of that fact by the GMA. The commencement of 30 | P a g e

No specific requirements found