Lease of land asset ebx2468l (erf 197209, east bank, port of east london) – up to 20 years

The Lessor (Transnet SOC Limited, acting through Transnet National Ports Authority) lets the Leased Premises to the Lessee, who hires them. The Leased Premises are described in Annexure A and illustrated in Annexure C, excluding the Surrounding Property and Common Areas. The premises are let for the Specified Purpose only; the Lessee may not use them for any other purpose without the Lessor's prior written consent. The lease commences on the Commencement Date (irrespective of whether occupation has been taken) and subsists for the Lease Period (Commencement Date to Expiry Date) unless terminated earlier. The Lessee is given vacant occupation from the Commencement Date or an earlier/later agreed date.

Returnable documents and conditions:

• The Lessee must be a juristic entity as identified in Annexure A.
• A Business Plan must be submitted for written approval no later than 30 days before the intended Signature Date; approval is a condition precedent to the lease.
• The Lessor may require a suretyship (Annexure D) or bank guarantee (Annexure E) as security, each accompanied by a Board Resolution where the provider is a juristic entity.
• The Lessee must comply with the TNPA Regulatory Universe and Lessor's Policies.
• The Lessee must have the capacity to pay the Initial Deposit, Administration Fee, and ongoing Rental and charges.
• All required forms and annexures must be completed, signed, and initialled by authorised representatives.

Evaluation is not based on scoring points but on the Lessor's approval of the Business Plan and the Lessee's compliance with the lease terms. The Business Plan approval is a condition precedent; if not approved within 30 days after the Signature Date, the lease ceases to be in force. The Lessor has sole discretion to approve or reject the Business Plan.

Leased Premises:

• Land asset number EBX2468L, located on a portion of Erf 197209, East Bank, in the Port of East London.
• The premises are let for the Specified Purpose only; no other use without prior written consent.
• Vacant occupation is given from the Commencement Date or an earlier/later agreed date.
• The lease period is up to twenty (20) years, commencing on the Commencement Date and expiring on the Expiry Date.
• The Lessee must not vacate or leave the premises unused without consent.
• Storage of explosives, flammable goods, or toxic substances is prohibited except as reasonably necessary with prior written consent.
• No residential use or sleeping quarters without consent.
• No installation of safes or heavy machinery without prior written consent.
• The Lessee must obtain, maintain, and renew all licences, permits, and consents needed to conduct its business.
• Loading, delivery, and unloading must occur only at designated times, areas, and entrances; vehicles must not obstruct traffic or park in customer-designated areas.
• The Lessor may establish, modify, and enforce rules for the Common Areas.

Methodology:

• The Business Plan must include details of the Lessee's operation methodology, including equipment to be used, planned staff complement, and hours of work.
• The Business Plan must include the basis on which implementation of and compliance with the approved Business Plan will be monitored, assessed, and reported.
• The Lessee is bound by representations and undertakings in the approved Business Plan and must notify the Lessor if assumptions prove false or materially inaccurate or if implementation fails.

Experience and qualifications:

• The Business Plan must include the Lessee's projected business cash flows, up-to-date audited financial statements (detailed balance sheet, income statement, and cashflow statement signed by external auditors and shareholders), management accounts for the last six months, letters of commitment from bankers or customers/clients, long and short-term business strategy, investment details, and development and operational plans.
• It must also include full names, identity numbers, and residential addresses of persons exercising management control; organograms of holding, subsidiary, and affiliated companies and of the organisational structure; and details of persons with a direct or indirect economic, ownership, beneficial, or other interest in the Lessee (including trust beneficiaries and nominees) or who control its board.

Quality management:

• The Business Plan must include a Maintenance Plan.
• The Lessee must maintain the premises and surrounding areas.
• The Lessee must cooperate with inspections, including the take-back inspection conducted on vacation of the premises.

Pricing schedule:

• Rental is payable in advance on or before the first day of each month and escalates annually on the anniversary of the Commencement Date by the Escalation Rate.
• In addition to Rental, the Lessee pays monthly Operating Costs, refuse removal charges, sewerage removal charges, water and electricity charges, and any other specified charges.
• An Administration Fee is payable on the Signature Date.
• A Deposit is payable (Initial Deposit on the Signature Date plus, if applicable, a Periodic Deposit within 5 business days of any rental escalation); in lieu of cash the Lessee may provide an unconditional bank guarantee in the form of Annexure E.
• All amounts other than the Deposit are subject to VAT.
• Where Rental Review Periods are agreed, the parties meet six months before expiry to agree the Rental and Escalation Rate; failing agreement, the rate is determined by a SACPVP-registered valuer (acting as expert, not arbitrator), with costs shared equally.

Rental and charges:

• Rental is payable in advance on or before the first day of each month.
• Rental escalates annually on the anniversary of the Commencement Date by the Escalation Rate.
• In addition to Rental, the Lessee pays monthly Operating Costs, refuse removal charges, sewerage removal charges, water and electricity charges, and any other specified charges.
• An Administration Fee is payable on the Signature Date.
• A Deposit is payable: Initial Deposit on the Signature Date, plus a Periodic Deposit within 5 business days of any rental escalation.
• In lieu of cash deposit, the Lessee may provide an unconditional bank guarantee in the form of Annexure E, valid for the lease duration plus at least 6 months after termination.
• All amounts other than the Deposit are subject to VAT.
• Where Rental Review Periods are agreed, the parties meet six months before expiry to agree the Rental and Escalation Rate; failing agreement, the rate is determined by a SACPVP-registered valuer (acting as expert, not arbitrator), with costs shared equally.
• Payment must be by electronic funds transfer; cash payments are not permitted.
• The Lessor may apply the Deposit towards arrear amounts; the Lessee must reinstate the Deposit within 10 days of written request.

Compliance obligations:

• The Lessee must comply with the TNPA Regulatory Universe and Lessor's Policies.
• The Business Plan must include a BBBEE Target Plan to maintain or improve B-BBEE status.
• The Business Plan must include an Environmental Management Plan and Impact & Aspect Register.
• The Business Plan must include a Health and Safety Plan addressing identified hazards and safe work procedures.
• The Business Plan must include a Maintenance Plan.
• The Business Plan must include Regulatory Permits and Licences.
• The Lessee must provide full names, identity numbers, and residential addresses of persons exercising management control.
• The Lessee must provide organograms of holding, subsidiary, and affiliated companies and of its organisational structure.
• The Lessee must provide details of persons with a direct or indirect economic, ownership, beneficial, or other interest in the Lessee, including trust beneficiaries and nominees.
• The Lessee must provide projected business cash flows, audited financial statements, six months' management accounts, letters of commitment from bankers or customers, business strategy, investment details, and development/operational plans.
• The Lessee must provide details of operation methodology, including equipment, staff complement, and hours of work.
• The Lessee must report quarterly on implementation of the Business Plan and update it annually, 30 days before each anniversary of the Signature Date.

B-bbee:

• The Business Plan must include a BBBEE Target Plan — the plan the Lessee intends implementing to maintain or improve its B-BBEE status.

Health and safety:

• The Business Plan must include a Health and Safety Plan addressing identified hazards and safe work procedures to mitigate, reduce, or control them (as set out in Annexure B).
• The Lessee must cooperate fully with any Board of Inquiry (BOI) instituted by the Lessor in respect of an incident affecting employees or customers or causing damage to the Leased Premises.

Environmental:

• The Business Plan must include an Environmental Management Plan and Impact & Aspect Register setting out controls, mitigation, and monitoring measures to manage environmental impacts.
• A 'Baseline Study' means an environmental assessment for soil and groundwater for monitoring pollution or contamination.

Contract terms:

• The lease commences on the Commencement Date and subsists for the Lease Period unless terminated earlier.
• The Lessor may terminate the lease at any time without cause on three months' written notice.
• Holding over after the Lease Period is dealt with under clause 41.
• Failure to implement the approved Business Plan in full is a material breach, entitling the Lessor to remedies plus a penalty of 50% of the monthly Rental for as long as the breach persists.
• Failure to comply with Lessor's Policies or Regulatory Universe is a material breach; failure to remedy within four months entitles the Lessor to terminate immediately.
• The Lessee has no claim against the Lessor for loss or damage suffered as a consequence of implementing Business Plan amendments required by the Lessor.
• The Lessee must comply with all laws, including the Regulatory Universe.
• The Lessee must not cede, sublet, or allow occupation without consent.
• The Lessee must maintain the premises and cooperate with inspections, including the take-back inspection on vacation.
• The Lessee must provide an emergency plan, insurance, and fire protection measures as required.
• The Lessee must comply with environmental, health, and safety requirements.
• The Lessee must not store explosives, flammable goods, or toxic substances without consent.
• The Lessee must not use the premises for residential purposes without consent.
• The Lessee must not install heavy machinery without consent.
• The Lessee must obtain and maintain all licences and permits.
• The Lessee must comply with loading and unloading rules.
• The Lessor may amend its policies on reasonable notice.
• The Lessee must provide access to the premises for inspections.
• The Lessee must report quarterly on Business Plan implementation.
• The Lessee must update the Business Plan annually.
• The Lessee must provide financial statements and other information as required.
• The Lessee must comply with anti-bribery and anti-corruption provisions.
• The Lessee must keep confidential information confidential.
• The lease is governed by South African law.
• Disputes are resolved through the specified dispute resolution mechanism.
• The Lessee must pay all costs associated with the lease.
• The Lessee must provide a domicilium for legal notices.
• The Lessee must not make any agent's commission payments.
• The lease constitutes the whole agreement between the parties.

Special conditions:

• The Lessee may not vacate the premises or leave them unused, store explosives, flammable goods, or toxic substances (except as reasonably necessary with prior written consent), use the premises for residential purposes or sleeping quarters, detract from the appearance of the premises or surrounding property, cause a nuisance, or install safes or heavy machinery without prior written consent.
• The Lessee must obtain, maintain, and renew all licences, permits, and consents needed to conduct its business; the Lessor does not warrant that the premises are fit for the intended purpose or that a licence will be granted or renewed.
• Loading, delivery, and unloading must occur only at designated times, areas, and entrances; vehicles must not obstruct traffic or driveways, and must not park in customer-designated areas.
• The Lessor may establish, modify, and enforce rules for the Common Areas.

Requirements:

• The Lessee must submit a Business Plan to the Lessor for written approval no later than 30 days before the intended Signature Date (or a later agreed date).
• Approval of the Business Plan is a condition precedent to the Lease Agreement; if not satisfied within 30 days after the Signature Date (or later agreed date), the agreement ceases to be in force.
• The Business Plan must contain: the BBBEE Target Plan; the Environmental Management Plan and Impact & Aspect Register; the Health and Safety Plan; a Maintenance Plan; Regulatory Permits and Licences; full names, identity numbers, and residential addresses of persons exercising management control; organograms of the Lessee's holding, subsidiary, and affiliated companies and of its organisational structure; details of persons with a direct or indirect economic, ownership, beneficial, or other interest in the Lessee or who control its board; projected business cash flows, audited financial statements, six months' management accounts, letters of commitment from bankers/customers, business strategy, investment details, and development/operational plans; operation methodology (equipment, staff complement, hours of work); and the basis for monitoring, assessing, and reporting on implementation.
• The Lessee must report quarterly on implementation and update the Business Plan annually, 30 days before each anniversary of the Signature Date.

The document is a plan showing the area available for leasing at the Port of East London, including a list of properties and improvements with asset numbers and areas, prepared by Transnet Property Geo-Spatial Central Region.

Plan prepared by Transnet Property, Geo-Spatial: Central Region

• Address: Room 502, 5th Floor, Transnet Building, PO Box 1030, Port Elizabeth, 6000
• Telephone: (041) 507-1331
• Fax: (041) 507-2884

Land asset EBX2468L, located on a portion of Erf 197209, East Bank, Port of East London.

Total land area: approximately 23,413 m².

Improvements on the land (with asset numbers and approximate areas):

• Substation (02AH008L): ±27 m²
• Toilets (02BH032L): ±21 m²
• Toilets (02BH033L): ±56 m²
• Substation (02BH049L): ±96 m²
• Winch Room (02BH099L): ±51 m²
• Mess & Ablution (02DH013L): ±52 m²
• Kiosk (02EH009L): ±5 m²
• Admin Office (02EH042L): ±202 m²
• Mess & Ablution 2 (02GH001L): ±42 m²
• Workshop Mess & Garages (02PH027L): ±99 m²
• Workshop (02PH028L): ±1,231 m²
• Pumpstation (02PH191L): ±6 m²
• Clubhouse Balcony (04ZH017L): n/a
• Clubhouse Balcony (05ZH010L): n/a

Total improvement area: approximately 1,871 m².

The plan shows the area available for leasing, including proposed parking and a concrete loading slipway.

Returnable documents:

• The Transnet Non-Disclosure Agreement (Annexure 5) must be signed and returned as part of the bid response. It must be accepted without modification.

Bidders must act as principal, not as nominee, agent or broker. The Non-Disclosure Agreement must be signed and returned unmodified. Any assignment of the agreement requires prior written consent, except assignment to a Transnet Group member.

The bidder must sign and return the Transnet Non-Disclosure Agreement as part of the bid response. The agreement must be accepted without modification.

The Non-Disclosure Agreement governs the handling of confidential information between Transnet and the bidder. Key obligations:

• All confidential information exchanged must be kept secret and confidential.
• Information may be used only for technical and commercial discussions related to the bid or for performance of any resulting contract.
• Disclosure to agents is allowed only on a need-to-know basis, with the bidder remaining liable for any breach by its agents.
• Disclosure may be made if required by law or regulatory authority, with prompt notification to Transnet.
• The bidder must notify Transnet of any unauthorised use or disclosure and take steps to remedy or prevent further breach.
• All confidential information remains the property of the disclosing party.
• The bidder must store information securely and keep a written record of confidential information received.
• On written demand, the bidder must return or destroy all confidential information within 7 days and provide a director-signed certificate of compliance.
• No announcements or use of the other party's name for publicity without prior written consent.
• Confidentiality obligations survive termination of discussions for 5 years.
• Each party acts as principal, not as nominee, agent or broker.
• The agreement is governed by South African law, with exclusive jurisdiction of South African courts.
• The agreement may not be assigned without prior written consent, except assignment by Transnet to a Transnet Group member.
• The agreement may only be modified by written agreement signed by authorised persons.

The Port Development Framework Plans (PDFP) for the Port of East London cover short-term (2032), medium-term (2052), and long-term (beyond 2052) development projects. Short-term projects include liquid bulk expansion, automotive terminal expansion, maritime commercial conversions, and port limit extensions. Medium-term projects include automotive terminal expansion, graving dock expansion, and breakwater extension. Long-term projects include new berths, liquid bulk berth relocation, and a maritime commercial boulevard.

The Port of East London's development framework outlines the following planned projects:

Short-term (by 2032):

• Liquid bulk land area expands from 2 ha to 17 ha (Gately site) due to new port limits and land acquisition.
• Old HFO site converts to multi-purpose terminal (MPT).
• Automotive terminal area increases by 8 ha; Berth N becomes operational after deepening and strengthening.
• Maritime commercial land around Latimer's Landing converts from TNPA and maritime engineering land.
• Commercial logistics area doubles in size.
• Marine and Manufacturing slipway area converts to maritime engineering.
• Port limits extend north; land at back of MPT terminal converts to maritime commercial.
• Northern breakwater realigned; entrance channel and turning basin deepened.
• Sandtrap repositioned.
• Bridge connecting East Bank to West Bank constructed (final location subject to further studies).
• Potential fishing facilities constructed (final location subject to further studies).

Medium-term (by 2052):

• Automotive terminal area expands by converting part of MPT land; MPT relocates to East Bank.
• Graving dock and repair quay expanded for maritime engineering, including ship breaking/recycling.
• Southern breakwater extended.

Long-term (beyond 2052):

• TNPA other land extends along the river (60 ha).
• Berth T lengthened to allow a second dry bulk berth.
• Liquid bulk berth moved to S berth.
• New automotive berth constructed.
• Second liquid bulk berth built via jetty on breakwater or offshore SPM.
• Two new deep berths and a container/MPT terminal on the southern breakwater.
• New northern breakwater constructed.
• East Bank Precinct becomes maritime commercial boulevard linking Latimer's Landing to Signal Hill, including a dedicated cruise terminal at Berth L/M.

Lease of land asset number EBX2468L, a portion of Erf 197209, East Bank, Port of East London, for up to 20 years. Extent approximately 23,413 m², proposed use warehousing and port-related commercial activities. Property leased 'as is' (voetstoots) and contains asbestos-containing materials.

Closing date: 27 November 2026 at 15:00

Briefing session: 30 October 2026 at 12:00 (non-compulsory, online via Microsoft Teams)

Clarity seeking questions deadline: 20 November 2026 at 16:00

Bid validity period: 120 business days from closing date

Enquiries (property access and post-closing communication):

• Email: [email protected]

Bidding procedure enquiries: [email protected]

Submission portal: https://transnetetenders.azurewebsites.net

Briefing session details:

• Meeting link: https://teams.microsoft.com/meet/334072138020098?p=JAGy14Gc4HHGcB8NT8
• Meeting ID: 334 072 138 020 098
• Passcode: 5Aq9v3CT

Submission method: electronic upload only via the Transnet e-Tender Submission Portal at https://transnetetenders.azurewebsites.net (use Google Chrome). Bidders must register, log intent, and upload documents against the tender. Multiple uploads allowed, max 30 MB per upload. File names may only use alphabetical and/or numerical characters. Upload at least a day before closing to avoid technical issues; late or incorrectly loaded bids are not accepted.

All returnable documents must be signed, stamped, and dated at the bottom of each page by an authorised signatory. Proof of authority (e.g., company resolution) must accompany the bid.

Returnable documents are categorised as:

• Mandatory Returnable Documents: failure to submit by closing date/time results in disqualification. Includes Section 4 (Rental Offer Price).
• Returnable Documents Used for Scoring: failure to submit results in a score of zero for the applicable criterion, not disqualification. Includes proof of Specific Goals claims, B-BBEE certificate/affidavit, Capital Expenditure Plan, Maintenance Expenditure Plan, Company Profile, Business Plan, Reference Letters, Bank Rating.
• Essential Returnable Documents: failure to submit gives Transnet the opportunity to request them by a set deadline; failure after that may lead to disqualification. Includes SBD 1 Form, Certificate of Acquaintance with RFP, RFP Declaration and Breach of Law Form, Specific Goals Points Claim Form (SBD 6.2), Job Creation and Skills Development, Protection of Personal Information, Certificate of Attendance of Briefing.

Disqualification risks:

• Late submission or failure to upload correctly by closing date/time.
• Missing any Mandatory Returnable Document.
• Unsigned bid documents.
• Collusion with other bidders.
• Attempting to canvass Transnet officers between closing and award.

Evaluation is staged and sequential, though Transnet may run stages in parallel. Bidders must pass each stage to progress.

Stage 1 – Responsiveness:

• Step 1 (Administrative): bid lodged on time and signed by authorised bidder.
• Step 2 (Substantive): priced rental offer as prescribed in Section 4.

Stage 2 – Functionality/Technical (minimum threshold 66.67/100):

• Previous Experience (10 points): minimum 2 years' experience in proposed use, supported by company profile and evidence (lease, licence, verifiable document).
• Reference Letters (15 points): minimum 2 reference letters not older than 5 years, including customer name, address, contact details, project scope, duration.
• Bank Rating (15 points): bank rating not older than 3 months; A, B, or C rating scores, D or below scores 0.
• Business Plan – alignment to Port Development Framework Plan (PDFP) (10 points): operations must address use of premises, prove port-related use, and support port business.
• Market Analysis (10 points): port-related commercial activity analysis covering status quo, potential market, gap analysis, SWOT, economic spin-offs.
• Value to Port Operations (10 points): vision/mission, strategic objectives, innovation, short/medium-term value.
• Capital Expenditure Plan (10 points): detailed WBS and project schedule for refurbishment/upgrades over lease term.
• Maintenance Expenditure Plan (10 points): maintenance plan aligned to property and proposed use, with identification, prioritisation, scoping, objectives, resources, timeframes, cost.
• Financial Viability (10 points): cashflow projections over lease period, signed by a finance professional, with assumptions and mitigations for negative cashflows.

Stage 3 – Final Weighted Scoring (total 100):

• Rental Offer Price: 80 or 90 points (formula based on highest acceptable bid, inclusive of taxes).
• Specific Goals (SBD 6.2): 20 or 10 points.

Stage 4 – Objective Criteria: Transnet may award to a bidder other than the highest scorer based on rotation of bidders, specialised operations, poor past performance, integrity pact breaches, probity risks, or negative impact on Transnet's ROI.

Stage 5 – Post-tender negotiations (if applicable) and award.

Lease of land asset number EBX2468L, a portion of Erf 197209, East Bank, Port of East London.

Extent: approximately 23,413 m².

Proposed use: warehousing and port-related commercial activities.

Lease period: up to 20 years.

Property is leased on an 'as is' (voetstoots) basis. Bidders must inspect the property before submitting; TNPA accepts no liability for failure to inspect.

The premises contain asbestos-containing materials (ACMs). The successful bidder is solely responsible for all costs, risks, and liabilities related to identification, assessment, management, abatement, encapsulation, removal, and lawful disposal of ACMs, in compliance with the Occupational Health and Safety Act and Asbestos Abatement Regulations 2020. No demolition or disturbance of ACMs may commence without written approval from TNPA.

Buildings may be demolished by the preferred bidder, but written intention must be submitted to TNPA for application to the Heritage Council of South Africa. No demolition without TNPA approval.

The slipway is not included in the leasable area.

The electrical substation on the premises must remain accessible to TNPA.

The successful bidder must undertake all necessary refurbishment, repairs, upgrades, and capital improvements at its own cost to make the premises fit for purpose and compliant with applicable laws.

Beneficial occupation may be considered and negotiated, subject to motivation in the Business Plan and approval by TNPA governance structures. The bidder is liable for all property holding costs during beneficial occupation.

Bidders must align operations with the Port Development Framework Plan (Annexure 7).

Evaluation methodology is staged: responsiveness, functionality/technical (minimum 66.67/100), final weighted scoring (price + specific goals), objective criteria, post-tender negotiations.

Stages may be run in parallel at Transnet's discretion.

Business Plan must include: alignment to PDFP, market analysis, value to port operations, capital expenditure plan (WBS and project schedule), maintenance plan, and financial viability (cashflow projections signed by finance professional).

Capital and maintenance cost schedules must be linked to methodology, detailed to level 3, with calendar/Gantt representation, numbered activities, clear sequencing.

Minimum 2 years' experience in the proposed use, supported by company profile and evidence (lease agreement, licence, or other verifiable document).

Minimum 2 reference letters not older than 5 years, including customer name, address, contact details, project scope, and duration.

Bank rating not older than 3 months, confirming entity as a going concern.

Due diligence may be conducted to validate bidder's professional and technical qualifications, competence, financial resources, equipment, managerial capability, reliability, experience, reputation, and personnel.

Rental offer must be submitted in Section 4 format: monthly and annual rental (excl. VAT) for each of the first 5 years, plus total excl. VAT, add 15% VAT, total incl. VAT.

Annual escalation must be included in the offer.

TNPA will verify calculations and may consider verified calculations in award.

If highest-scoring bidder's rental is not market-related, Transnet may negotiate with that bidder, then second, then third highest, or cancel the RFP.

Pricing format: Rental Offer in Section 4, with monthly and annual rental (excl. VAT) for each of the first 5 years, plus total excl. VAT, add 15% VAT, total incl. VAT. Annual escalation must be included in the offer.

TNPA will verify the correctness of calculations. If the highest-scoring bidder's rental is not market-related, Transnet may negotiate a market-related rental with that bidder, then the second, then third highest, or cancel the RFP.

No bid security, guarantee, or retention is specified.

Bidders must demonstrate financial viability via cashflow projections signed by a finance professional, and provide a bank rating not older than 3 months.

Transnet may request audited financial statements for due diligence.

CSD registration: mandatory before submitting; business may not be awarded to unregistered bidders. Foreign bidders with no local entity must incorporate a South African company to conclude the lease.

Tax compliance: submit SARS tax compliance status PIN or printed TCS certificate. Each party in a consortium/JV/sub-contractor must submit separate TCS/PIN/CSD number. Must remain tax compliant for the entire agreement term.

B-BBEE: submit a valid B-BBEE certificate or sworn affidavit (for EMEs/QSEs) to claim specific goals points.

Employment Equity Act: comply with all applicable requirements, including Section 53.

Security clearance: successful bidder and personnel may be required to obtain clearance to CONFIDENTIAL/SECRET/TOP SECRET level, at bidder's cost.

Joint ventures: state intention in submission, submit signed JV agreement or written confirmation of intent with percentage split and responsibilities. JV evaluated on consolidated B-BBEE scorecard.

Foreign bidders: complete the questionnaire in SBD 1 to determine tax registration requirements.

Integrity Pact (Annexure 6) and Non-Disclosure Agreement (Annexure 5) must be complied with.

Compliance with Occupational Health and Safety Act, 1993 and Asbestos Abatement Regulations, 2020 is mandatory for asbestos management.

No demolition or disturbance of asbestos-containing materials without express written approval from TNPA.

Successful bidder must implement all security measures required for safe performance of the agreement.

Bidders must comply with all applicable laws and regulations.

Bidders must state their position on environmental commitments, including waste disposal, recycling, and energy conservation.

An Environmental Plan Guideline is provided as Annexure 2.

Operations must align with the Port Development Framework Plan (Annexure 7).

Lease term: up to 20 years.

Property leased 'as is' (voetstoots).

Successful bidder responsible for all refurbishment, repairs, upgrades, and capital improvements at own cost.

Demolition of existing structures requires written approval from TNPA and Heritage Council of South Africa.

Asbestos management and removal is solely the bidder's responsibility.

Beneficial occupation may be negotiated, subject to approval and payment of holding costs.

Transnet may cancel the agreement and request restriction on the National Treasury's Database of Restricted Bidders for up to 10 years if incorrect information was furnished.

Transnet may award to next ranked bidder if preferred bidder fails to sign or commence the agreement.

Changes to standard lease terms require review and acceptance by Transnet's Legal Counsel.

Confidentiality obligations apply, including Non-Disclosure Agreement.

Security clearance may be required for successful bidder and personnel.

Functionality/technical criteria (minimum 66.67/100):

• Previous Experience (10 points)
• Reference Letters (15 points)
• Bank Rating (15 points)
• Business Plan alignment to PDFP (10 points)
• Market Analysis (10 points)
• Value to Port Operations (10 points)
• Capital Expenditure Plan (10 points)
• Maintenance Expenditure Plan (10 points)
• Financial Viability (10 points)

Final weighted scoring: Rental Offer Price (80/90 points) + Specific Goals (20/10 points) = 100.

Objective criteria may justify award to a bidder other than highest scorer.

Closing date: 27 November 2026 at 15:00 (from the tender record).

• Site visit/briefing: not specified in this document. If the RFX marks a site visit or briefing as compulsory, attendance is obligatory and failure to attend results in disqualification.

Site visits or briefing sessions may be requested where necessary to view the site or receive further information. If the RFX marks attendance as compulsory, bidders must attend; failure to attend results in disqualification. No specific date, time, or venue is stated in this document.

Enquiries before closing date: upload questions to the Transnet e-Tender Submission Portal or direct queries to the contact person listed in the RFX document.

• After closing date (during evaluation): communicate only with the contact person listed in the RFX document.
• No specific contact names, emails, or telephone numbers are provided in this document.

Submission method: upload the completed bid into the Transnet e-Tender Submission Portal against the tender reference; the bidder guide is available at transnetetenders.azurewebsites.net.

• Bids must be submitted no later than the closing date and time; late bids will not be considered.
• Complete the official Transnet bid forms in full; bids submitted on other forms or with the bidder's own terms may be rejected.
• Additional information may be submitted under separate cover on company letterhead only if the space provided is insufficient, and must be cross-referenced in the bid.
• All returnable documents listed in the RFX documents must be submitted with the bid. Failure to submit mandatory returnable schedules/documents results in disqualification; failure to submit other schedules/documents may also result in disqualification.
• Prices must be in Rand (ZAR). Prices subject to confirmation will not be considered.
• Alterations to bid prices must be made by deleting incorrect figures/words and inserting correct ones, initialled by the signatory; failure may exclude the affected items from award.
• If samples are required, mark them with the bidder's name, address, bid number and item number, and ensure they reach the addressee on or before the closing date; late samples may cause rejection.
• Any drawings required from the bidder must be furnished before the closing time and date; non-receipt may disqualify the bid.
• Bids quoting foreign specifications (other than British or American standards) must include translated copies and details of any departures in a covering letter; non-compliance may disqualify.
• Bids by or on behalf of foreign principals: a South African representative/agent must submit written proof of authorisation; failure disqualifies the bid. A legal Power of Attorney complying with Rule 63 of the Uniform Rules of Court is required for signing the contract.
• Unauthorised communication about a bid between the closing date and notification of the successful respondent may lead to disqualification.

Evaluation stages and disqualification risks:

• Mandatory returnable documents: failure to submit mandatory schedules/documents results in disqualification.
• Compulsory site visit/briefing: if the RFX marks attendance as compulsory, failure to attend results in disqualification.
• Unauthorised communication: a bid may be disqualified if unauthorised communication occurs between the closing date and notification of the successful respondent.
• Unacceptable contract conditions: the bidder must flag unacceptable conditions and propose amendments on company letterhead; if the bidder does not withdraw an unacceptable deviation, the bid is disqualified.
• Restricted suppliers: no award to any bidder (or its members, directors, partners, trustees) appearing on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers; Transnet may withdraw an award or cancel a contract if a bidder is restricted by another government institution.
• Identification: the bid must state full names of directors (company), members (close corporation), or partners/individual (partnership or sole trader).
• Foreign bidders: must name an authorised South African representative empowered to sign the contract, supported by a legal Power of Attorney; failure to submit the authorisation disqualifies the bid.
• No minimum qualifying score or preference point system (80/20 or 90/10) is stated in this document.

Scope: leasing of land asset number EBX2468L, located on a portion of Erf 197209, East Bank, in the Port of East London, for a period of up to 20 years.

• Goods offered must be new (unused, not second-hand or reconditioned) unless otherwise stipulated.
• Bids must be tendered strictly in accordance with the drawings and/or specifications supplied by Transnet, unless an official amendment is issued.
• No quantities, service levels, or delivery locations beyond the land asset are specified in this document.

Unless otherwise stipulated, goods offered must be new, i.e. in unused condition, neither second-hand nor reconditioned. Where samples are required, they must be marked with the respondent's name and address, bid number and bid item number, and despatched to reach the addressee on or before the closing date; failure to submit samples by the due date may result in rejection. Transnet may retain samples furnished in compliance with bid conditions, and no payment is made for a successful respondent's retained samples; unsuccessful respondents' samples may be collected at their own risk and cost if not retained. Respondents must tender strictly in accordance with the drawings and/or specifications supplied by Transnet unless notified of an official amendment; drawings required from the respondent must be furnished before the closing time and date, and non-receipt may disqualify the bid. Respondents quoting to foreign specifications other than British and American standards must submit translated copies and full details of any departures or variations in a covering letter; non-compliance may result in disqualification.

All monetary amounts in a bid must be in Rand (ZAR) unless specifically permitted otherwise in the RFP. Prices quoted subject to confirmation will not be considered. Alterations to bid prices before submission must be made by deleting incorrect figures/words and inserting correct ones, initialled by the person signing the bid documents; failure may result in the affected items being excluded from award. Exchange and remittance: where contract value is remitted overseas, Transnet may, on request, pay overseas directly to the foreign principal or manufacturer; Transnet prefers Rand-based agreements and requests forward exchange cover on foreign currency portions; respondents must furnish the required Exchange and Remittance information and full details of the payee principal/manufacturer; South African Reserve Bank approval is required for foreign currency payments; no price adjustment is recognised for increases arising after the delivery date; Transnet may request a pro-forma/tax invoice for VAT compliance. Unless otherwise specified, prices for goods must be on a Delivered Duty Paid (latest ICC Incoterms) basis to the specified delivery point; other delivery bases are liable to disqualification, and stated lead times must include all non-working days, holidays, stocktaking and repair/overhaul periods. Local supplies (manufactured, produced or assembled in South Africa, or imported supplies held in South Africa) are quoted on a Delivered RSA named destination basis; imported supplies on a Delivered Duty Paid basis to end destination in South Africa unless otherwise specified. VAT: local supply prices are inclusive of VAT, shown separately at the standard rate on the tax invoice; for foreign services, invoicing by a South African service provider on behalf of its foreign principal represents a service by the principal, and the tax invoice for the local portion (commission) must show VAT separately. Payment: respondents must tender strictly in accordance with the Terms and Conditions of Contract payment conditions; alternative payment/financing proposals may be submitted with full particulars and will be evaluated, but failure to comply with the standard basis may preclude further consideration; the successful respondent may be required to furnish a guarantee covering advance payments. Conditional discounts for payment within a specific period are calculated from receipt of the month-end statement reflecting the relevant tax invoice, provided contract conditions are fulfilled and the invoice is correct; incomplete or incorrect invoices are returned and the period recalculated.

Pricing basis:

• All amounts in Rand (ZAR). Prices subject to confirmation will not be considered.
• For goods, prices must be on a Delivered Duty Paid (latest ICC Incoterms) basis to the specified delivery point, unless otherwise specified; other delivery bases may be disqualified.
• Local supplies (manufactured/produced/assembled in South Africa, or imported supplies held in South Africa) are quoted on a Delivered RSA named destination basis.
• Imported supplies are quoted on a Delivered Duty Paid basis to end destination in South Africa, unless otherwise specified.
• VAT: local supply prices are inclusive of VAT, shown separately at the standard rate on the tax invoice. For foreign services, the local portion (commission) must show VAT separately.

Payment:

• Bidders must tender strictly in accordance with the payment conditions in the Terms and Conditions of Contract; alternative payment/financing proposals may be submitted and will be evaluated, but failure to comply with the standard basis may preclude further consideration.
• The successful bidder may be required to furnish a guarantee covering any advance payments.
• Conditional discounts for payment within a specific period are calculated from receipt of the month-end statement reflecting the relevant tax invoice, provided contract conditions are fulfilled and the invoice is correct.

Security:

• The successful bidder must provide security in the form of a Deed of Suretyship from an approved bank, building society, insurance or guarantee corporation doing business in South Africa, in the amount stipulated in the bid documents.
• The Deed of Suretyship must be completed and returned within 30 calendar days of the letter of acceptance; no payment is made until it is delivered, and failure to return it may result in immediate cancellation of the contract.
• No bid security or retention percentages are stated in this document.

Restricted suppliers: no award to any bidder appearing on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers; Transnet may withdraw an award or cancel a contract if a bidder is restricted by another government institution.

• Identification: the bid must state full names of directors (company), members (close corporation), or partners/individual (partnership or sole trader).
• Foreign bidders: must name an authorised South African representative empowered to sign the contract, supported by a legal Power of Attorney complying with Rule 63 of the Uniform Rules of Court; failure to submit the authorisation disqualifies the bid.
• No CSD registration, tax clearance, B-BBEE, CIDB, or CIPC requirements are stated in this document.

Upon acceptance of a bid, the parties are bound by the General Bid Conditions, contractual terms and any schedule of Special Conditions forming part of the bid documents; an email successfully sent to the respondent is proof of delivery one day after submission. Unsuccessful respondents are advised in writing and, on award, are informed of the successful respondent's name and the reason their bids were unsuccessful. The supplier/service provider must adhere to the Terms and Conditions of Contract and any Special Conditions; unacceptable conditions must be flagged with proposed amendments on company letterhead for review by Transnet's Legal Counsel, and respondents may withdraw an unacceptable deviation failing which they are disqualified. Contract documents comprise the General Bid Conditions, Terms and Conditions of Contract and any Special Conditions, which together with the bid response and letter of acceptance constitute the contract. The law of the Republic of South Africa governs the contract, with domicilium citandi et executandi in South Africa and submission to South African courts. Defaults by respondents (failure to enter a formal contract, accept an order, furnish security, or comply with imposed conditions) entitle Transnet to accept another bid or call for bids afresh and recover additional expense from the defaulting respondent. Where a conflict arises between the General Bid Conditions and the issued RFX document, the RFX document prevails. The successful respondent must, when called upon, provide security for due fulfilment of the contract in the form of a Deed of Suretyship from an approved bank, building society, insurance or guarantee corporation doing business in South Africa, in the amount stipulated in the bid documents, completed and returned within 30 calendar days of the letter of acceptance; no payment is made until the completed form is delivered, and failure to return it entitles Transnet to cancel the contract immediately. Security may be applied to make good losses from breach, and additional costs from default are for the supplier's account.

Bids by or on behalf of foreign respondents: bids may be forwarded by the principal or its South African representative/agent. A representative or agent must submit written proof of authorisation to act in that capacity; failure to do so disqualifies the bid. Representatives/agents must compile bids in the principal's name and sign on its behalf, and where required enter into and sign the formal contract under a legal Power of Attorney complying with Rule 63 of the Uniform Rules of Court, signed by the principal under the same title used in the bid documents, authorising the choice of domicilium citandi et executandi. Foreign suppliers must notify Transnet in writing of EFT payment arrangements (bank name and branch). No bid shall be awarded to a bidder appearing on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers; Transnet may withdraw an award or cancel a contract if a bidder is found to be restricted.

After the closing date, during evaluation, bidders may communicate only with the contact person listed in the RFX document. Unauthorised communication about a bid between the closing date and notification of the successful respondent may lead to disqualification.

Tip-Off Anonymous hotline (for reporting dishonest, fraudulent, or corrupt behaviour by Transnet employees): 0800 003 056

Returnable documents: All bidders must read and certify the Transnet Supplier Integrity Pact in the RFX Declaration Form, agreeing to its content. The Integrity Pact will be incorporated into the final contract.

• The RFX Declaration Form must be completed and signed.
• The Integrity Pact must be signed and complied with as a condition of vendor registration and bidding.
• No specific submission method, address, or number of copies is stated in this annexure.

Bidders must not appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.

• Bidders must disclose any previous transgressions (serious breaches of law including corruption, fraud, theft, extortion, or Competition Act contraventions) in the last 5 years.
• Bidders must declare any conflicts of interest (family, business, or social relationships with Transnet employees or board members) in the RFX Declaration Form or in writing.
• Bidders must not have litigated against Transnet in bad faith (vexatious proceedings, perjury, scurrilous allegations, or abuse of court process).
• Bidders must not have withdrawn a bid in bad faith after closing, failed to sign a contract when called upon, or breached contract conditions.
• Bidders must not have offered bribes or acted fraudulently or improperly towards Transnet or any public body.
• Bidders must not have made incorrect statements regarding local content or B-BBEE status unless made in good faith with reasonable steps to verify.
• Bidders must not have submitted false information affecting bid evaluation or failed to declare subcontracting arrangements.
• Bidders must not have caused Transnet damage or costs that could not be recovered.
• Bidders must not have litigated against Transnet in bad faith.

This annexure is the Transnet Supplier Integrity Pact, which applies to all bidding processes and contracts with Transnet.

• Bidders must uphold the ten principles of the United Nations Global Compact (UNGC) in Human Rights, Labour, Anti-Corruption, and the Environment.
• Bidders must not collude with competitors to preclude a competitive bid price or impair transparency and fairness.
• Bidders must not enter into illegal or dishonest agreements with other bidders, including cartel arrangements.
• Bidders must not misrepresent facts or furnish false or forged documents.
• Bidders must not instigate third parties to commit offences or be an accessory to such offences.
• Bidders of foreign origin must disclose the name and address of their agents or representatives in South Africa; South African bidders must disclose foreign principals involved in the bidding process.
• Transnet may require the bidder to furnish a copy of its code of conduct, which must address compliance and reject bribery and unethical conduct.

Bidders must not engage in under-pricing or anti-competitive practices. The Integrity Pact aims to enable Transnet to obtain the desired contract at a reasonable and competitive price in conformity with the defined specifications.

No specific pricing or financial requirements are stated in this annexure.

• Transnet may encash advance bank guarantees and performance or warranty bonds if the bidder violates the Integrity Pact.
• If a supplier subcontracts a portion of the bid without declaring it, Transnet may penalise the supplier up to 10% of the contract value.

Bidders must sign the Integrity Pact and the RFX Declaration Form.

• Bidders must not appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Bidders must disclose any previous transgressions in the last 5 years.
• Bidders must declare any conflicts of interest.
• Bidders must not have litigated against Transnet in bad faith.
• Bidders must not have withdrawn a bid in bad faith, failed to sign a contract, or breached contract conditions.
• Bidders must not have offered bribes or acted fraudulently.
• Bidders must not have made incorrect statements regarding local content or B-BBEE status.
• Bidders must uphold the ten principles of the United Nations Global Compact.

Bidders must uphold the ten principles of the United Nations Global Compact, including environmental principles: support a precautionary approach to environmental challenges, promote greater environmental responsibility, and encourage the development and diffusion of environmentally friendly technologies.

The Integrity Pact sets out anti-corruption commitments: Transnet employees will not accept bribes or gifts, treat all bidders equitably, and exclude employees with conflicts of interest. Bidders must not offer bribes, collude with competitors, misrepresent facts, or engage in corrupt practices. Violations may lead to disqualification, contract cancellation, recovery of payments, encashment of guarantees, exclusion from future bids for up to 10 years, and penalties for undeclared subcontracting. The pact also covers conflict of interest disclosure, dispute resolution principles, and is governed by South African law.

Bidders must not engage in corrupt practices or collusion. Bidders must not offer bribes or any benefit to Transnet employees or third parties to gain an advantage in the bidding, evaluation, contracting, or implementation process. Transnet will treat all bidders equitably and will not provide confidential or additional information to any bidder.