Lease of port of east london land (erven ebx2466l and ebx2467l) for up to 10 years – TRANSNET NDA required

The Port Development Framework Plan (PDFP) for the Port of East London covers short-term (2032), medium-term (2052), and long-term (beyond 2052) development projects, including liquid bulk expansion, automotive terminal expansion, maritime commercial conversions, breakwater realignment, deepening of entrance channel, construction of a bridge connecting East Bank to West Bank, relocation of MPT terminal, graving dock expansion, ship breaking/recycling services, new berths, and a dedicated cruise terminal.

The Port of East London's Port Development Framework Plan (2022) outlines the following development projects:

Short-term (by 2032):

• Liquid bulk land area increases 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 conversion of land around Latimer's Landing.
• 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 (final location to be determined in future studies).
• Potential fishing facilities (locations to be finalised).

Medium-term (by 2052):

• Automotive terminal expands by converting 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 land extends along the river (60 ha).
• Berth T lengthened for a second dry bulk berth.
• Liquid bulk berth moves to S berth.
• New automotive berth constructed.
• Second liquid bulk berth 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 a maritime commercial boulevard linking Latimer's Landing to Signal Hill, with a dedicated cruise terminal at Berth L/M.

The proposed lease covers two portions of land at the Port of East London: Portion of Erf 19711 (Asset No. EBX2466L) of approximately 2 960 m² and Portion of Erf 19720 (Asset No. EBX2467L) of approximately 3 810 m², totalling about 6 770 m². The land includes a sewerage tank (Asset No. 05ZH009L) of about 5 m². The plan shows state land, Transnet cadastral boundaries, and the areas identified for the proposed lease. The plan was prepared by Transnet Property, Geo-Spatial: Central Region, for Transnet National Ports Authority Real Estate, with plan number LSEL/EB1/1225/0, dated 2024-07-11, at a scale of 1:2 000.

Contact person: Mr Vuyolwethu Makunga

Telephone: (043) 700 1022

Transnet Property, Geo-Spatial: Central Region

Room 502, 5th Floor, Transnet Building

Gqeberha, 6000

Telephone: (041) 507-1331

Fax: (041) 507-2884

Bidders must be eligible to lease state-owned land from Transnet National Ports Authority. This includes completing and signing all mandatory tender forms, such as the Invitation to Bid (SBD 1), Declaration of Interest (SBD 4), Preference Points Claim (SBD 6.1), and Certificate of Independent Bid Determination (SBD 9), as applicable. Bidders must also comply with any requirements for tax clearance, CSD registration, and B-BBEE status as specified in the tender documentation. No specific eligibility thresholds (e.g., CIDB grading, turnover) are stated in the provided document.

Land (including improvements) identified for proposed lease at the Port of East London:

• Portion of Erf 19711, East London (Asset No. EBX2466L): ± 2 960 m²
• Portion of Erf 19720, East London (Asset No. EBX2467L): ± 3 810 m²
• Total land area: ± 6 770 m²
• Improvements include a sewerage tank (Asset No. 05ZH009L): ± 5 m²

The plan indicates state land, Transnet cadastral boundaries, and the areas identified for the proposed lease. Plan prepared by Transnet Property, Geo-Spatial: Central Region, for Transnet National Ports Authority Real Estate. Plan No. LSEL/EB1/1225/0, dated 2024-07-11, scale 1:2 000.

No specific requirements found

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

Returnable documents:

• RFX Declaration Form: bidders must certify they have read and agree to the Transnet Supplier Integrity Pact.
• Breach of Law Form: declares any previous transgressions.
• Signed Integrity Pact: forms part of the contract with the successful bidder.

Disqualification risks:

• Failure to sign or comply with the Integrity Pact.
• Withdrawing a bid after the closing date and time.
• Refusing to sign the contract after acceptance.
• Subcontracting to a restricted company.
• Undeclared subcontracting (penalty up to 10% of contract value).

Bidders must sign and comply with the Integrity Pact.

Bidders must not have previous transgressions (serious breach of law, including corruption, fraud, theft, extortion, or Competition Act contraventions) in the last 5 years.

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

Bidders must declare any conflicts of interest in the RFX Declaration Form.

Bidders must not subcontract to a restricted company.

Bidders must not have litigated against Transnet in bad faith.

Bidders must not engage in under-pricing or anti-competitive practices to secure the contract.

Bidders must not engage in under-pricing or anti-competitive practices.

Transnet may encash advance bank guarantees, performance bonds, or warranty bonds to recover payments plus interest in case of violations.

Undeclared subcontracting may incur a penalty of up to 10% of the contract value.

Bidders must uphold the ten principles of the United Nations Global Compact, covering human rights, labour, environment, and anti-corruption.

The Integrity Pact commits both parties to avoid dishonesty, fraud, and corruption. Transnet commits to fair and transparent processes. Bidders commit to not offering bribes, not colluding, not misrepresenting facts, and upholding UN Global Compact principles. Violations may lead to disqualification, contract cancellation, recovery of payments, and exclusion from future business. The pact includes provisions on conflict of interest disclosure, dispute resolution, and is governed by South African law.

Bidders must not offer or accept bribes, gifts, or other benefits to gain an advantage in the bidding process.

Bidders must not collude with competitors to fix prices, allocate markets, or otherwise impair transparency and fairness.

Bidders must not misrepresent facts or submit false or forged documents.

Bidders must declare any conflicts of interest in the RFX Declaration Form.

This document provides guidelines for port users and tenants to develop an Environmental Management Plan (EMP) that addresses their specific operations within port limits. The EMP is a tool to assure awareness of environmental impacts and to outline methods for mitigating and monitoring them.

EMP submission deadline: 30 days prior to the commencement of the Lease Agreement.

The only stated precondition is the submission and approval of the EMP before lease commencement. No other eligibility or evaluation criteria are provided in this document.

The document provides guidelines for preparing an Environmental Management Plan (EMP) for port users and tenants. The EMP must:

• Outline environmental impacts of operations, proposed mitigation measures, and roles/responsibilities for implementation.
• Consider legal obligations related to operations.
• Include an overview of responsibilities relating to environmental management policies.
• Summarise predicted positive and negative impacts.
• State environmental management objectives and targets.
• Describe actions required to achieve objectives, including how, by whom, by when, resources required, and monitoring measures.
• Clearly outline roles, responsibilities, communication, and reporting processes.
• Address applicable legislative requirements (national, provincial, local).
• Include a training and environmental awareness programme for all personnel.
• Be submitted for approval to TNPA 30 days prior to lease commencement.

Suggested EMP content (not limited to):

• Name of organisation/entity.
• Detailed description/scope of operations, including equipment and method statements.
• Location of business operations within port limits.
• Detailed list of positive and negative impacts with controls and mitigation measures for natural resources (waste, water, land, air quality, plants, animals).
• Mechanisms for achieving compliance with legislation and municipal by-laws.
• Environmental monitoring programme.
• List of environmental permits, licences, and authorisations.
• Environmental incident management protocol.
• Environmental awareness programme for employees.
• Roles and responsibilities for implementation, mitigation, monitoring, and performance assessment.

It is highly recommended that the EMP be compiled by a qualified Environmental Management Practitioner.

The EMP must include a detailed description/scope of operations, including equipment and method statements.

The EMP must be submitted for approval to TNPA 30 days prior to the commencement of the Lease Agreement. Failure to meet environmental legal requirements could result in severe environmental degradation and/or transgressions with penalties.

Training and environmental awareness are key to effective EMP implementation. All personnel must be trained on EMP requirements and understand their roles and responsibilities. This can be achieved through induction for new employees, regular awareness sessions, daily toolbox talks, newsflashes, emails, and other internal communication methods.

Suggested EMP content includes: name of organisation/entity; detailed description/scope of operations including equipment and method statements; location of business operations within port limits; detailed list of positive and negative impacts with controls and mitigation measures; mechanisms for achieving compliance with legislation; environmental monitoring programme; list of environmental permits, licences, and authorisations; environmental incident management protocol; environmental awareness programme; and roles/responsibilities for implementation, mitigation, monitoring, and performance assessment.

Closing date: 27 November 2026 at 16:00 (also stated as 15:00 in SBD 1 – confirm).

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

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

Site visit: arrange after briefing via [email protected].

Clarification questions deadline: 20 November 2026 at 16:00.

Bid validity: 120 business days from closing date.

Non-compulsory briefing via Microsoft Teams on 30 October 2026 at 12:00. Meeting link: https://teams.microsoft.com/meet/334072138020098?p=JAGy14Gc4HHGcB8NT8, Meeting ID: 334 072 138 020 098, Passcode: 5Aq9v3CT. Site visit can be arranged after briefing via [email protected].

Enquiries (bidding procedure, property access, post-closing communication):

• Email: [email protected]
• No telephone or named contact provided.

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

Property location: West Bank, Port of East London, Eastern Cape.

Submission method: electronic upload only via the Transnet e-Tender Submission Portal at https://transnetetenders.azurewebsites.net (use Google Chrome).

• Register/sign in, toggle 'Log an Intent', then upload bid documents against the tender.
• Upload limit: 30 MB per upload; multiple uploads allowed. Use only alphabetical/numerical characters in file names.
• Submit at least a day before closing to avoid technical issues; late submissions are not accepted.
• Sign and date the bottom of each page; the signatory must be legally authorised (attach proof of authority, e.g. company resolution).
• All returnable documents listed in Section 5 must be submitted.

Returnable documents:

• Mandatory (failure = disqualification): Section 4 – Rental Offer Price.
• Used for scoring (failure = automatic zero for that criterion): proof of Specific Goals points (Section 9), valid B-BBEE certificate or sworn affidavit, Capital Expenditure Plan, Maintenance Expenditure Plan, Company Profile, Business Plan, Reference Letters, Bank Rating.
• Essential (may be requested after deadline; failure to submit may = disqualification): SBD 1 Form, Certificate of Acquaintance (Section 6), RFP Declaration and Breach of Law Form (Section 7), Specific Goals Points Claim Form (Section 9), Job Creation and Skills Development (Section 10), Protection of Personal Information (Section 11), Certificate of Attendance of briefing (if applicable).
• Also submit: signed Non-Disclosure Agreement, Transnet Supplier Integrity Pact, and for JVs a signed JV agreement or written intention.

Disqualification risks:

• Late or incorrectly uploaded bids.
• Missing mandatory returnable documents.
• Unsigned documents or unauthorised signatory.
• Collusion with other bidders.
• Attempting to canvass Transnet officers between closing and award.

Evaluation stages (may run in parallel):

1. Administrative responsiveness – bid lodged on time, signed by authorised bidder.
2. Substantive responsiveness – priced rental offer submitted as per Section 4.
3. Functionality/technical – minimum threshold 66.67/100. Criteria and weights:

• Previous Experience (10): ≥2 years' experience in proposed use, with supporting evidence (lease, licence, etc.).
• Reference Letters (15): minimum 2 reference letters not older than 5 years, including customer name, address, contact, project scope, duration.
• Bank Rating (15): rating as going concern, not older than 3 months.
• Business Plan – alignment to Port Development Framework Plan (10): operations must address use of premises, port-related use, support port business.
• Market Analysis (10): status quo, potential market, gap analysis, SWOT, economic spin-offs.
• Value to Port operations (10): vision/mission, strategic objectives, innovation, short/medium-term value.
• Capital Expenditure Plan – WBS and Project Schedule (10): detailed, measurable, logical, for lease term.
• Maintenance Expenditure Plan (10): aligned to property and proposed use, with prioritisation, resources, timeframes, costs.
• Financial Viability (10): cashflow projections over lease period, signed by finance professional, with assumptions and mitigations.

4. Final weighted scoring (total 100):

• Rental Offer Price: 80 or 90 points (formula: PS = 80 or 90 × (1 + (Pt−Pmax)/Pmax)).
• Specific Goals (SBD 6.2): 20 or 10 points.

5. Objective criteria – Transnet may award to a bidder other than highest scorer for rotation of lessees, specialised operations, poor past performance, integrity breaches, probity risks, insolvency, etc.
6. Post-tender negotiations – with highest ranked bidder, then 2nd and 3rd if needed, to achieve market-related rental.
7. Award and conclusion of lease agreement.

Minimum qualifying score: 66.67/100 for functionality.

Lease of land parcels EBX2466L and EBX2467L, located on a portion of Erf 19711 and Erf 19720, West Bank, Port of East London.

• Extent: approximately 6,770 m².
• Proposed use: automotive and port-related commercial activities.
• Lease period: up to 10 years.
• Leased on 'as is' (voetstoots) basis.
• Property currently occupied and used as warehousing for ship repair.
• Slipway use is NOT included in leasable area.
• Electrical substation on premises must remain accessible to TNPA.
• Buildings may be demolished by preferred bidder, but written intention must be submitted to TNPA for Heritage Council approval; no demolition without written TNPA approval.
• Bidder must undertake all necessary refurbishment, repairs, upgrades, and capital improvements at own cost to make premises fit for purpose and compliant with laws.
• Beneficial occupation may be considered if motivated in Business Plan and approved by TNPA; bidder liable for holding costs during that period.
• Bidders must inspect the property before submitting; TNPA accepts no liability for failure to do so.
• Asbestos: premises known to contain asbestos-containing materials (ACMs). Bidder accepts presence as material condition; successful bidder solely responsible for all costs, risks, and liabilities of identification, management, abatement, removal, and lawful disposal, per OHS Act and Asbestos Abatement Regulations 2020. No disturbance without TNPA written approval.

Rental offer must be submitted in the prescribed schedule (Section 4), in South African Rand, excluding VAT, with 15% VAT added.

• Provide monthly and annual rental for each of the first 5 years (Years 1–5, 12 months each).
• Annual escalation must be included in the offer.
• TNPA will verify calculations; deviations may render bid non-responsive.
• If highest scoring bidder's rental is not market-related, TNPA may negotiate with that bidder, then 2nd and 3rd ranked, or cancel the RFP.
• No bid security, bond, or guarantee specified.
• Bidders must demonstrate financial viability via cashflow projections signed by a finance professional.

CSD registration: mandatory before bid submission; business not awarded to unregistered bidders. Foreign bidders without local entity must incorporate a South African company.

Tax compliance: must be compliant at submission and for entire lease term; provide SARS TCS PIN or CSD number; each JV/consortium/subcontractor party must provide separate TCS/CSD.

B-BBEE: valid B-BBEE certificate or sworn affidavit (for EMEs/QSEs) required to claim Specific Goals points (Section 9).

Employment Equity Act: comply, including Section 53.

Security clearance: successful bidder and personnel may need clearance to CONFIDENTIAL/SECRET/TOP SECRET level.

Non-Disclosure Agreement and Transnet Supplier Integrity Pact must be signed.

Joint Ventures: must submit signed JV agreement or written intention with percentage split and responsibilities; evaluated on consolidated B-BBEE scorecard.

Bidders must state their position on environmental commitments, including waste disposal, recycling, and energy conservation. Annexure 2 provides Environmental Plan Guideline.

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

• Site visit or briefing session: the document states that respondents may be required to attend a site visit or briefing session where viewing the site is necessary or where Transnet deems it necessary. Where the RFX marks such a visit or session as compulsory, attendance is obligatory and non-attendance results in disqualification. No specific date, time or venue is stated in this document.

Respondents may be required to attend a site visit or briefing session where viewing the site is necessary to prepare a bid, or where Transnet needs to give further information. Where the RFX marks such a visit or session as compulsory, attendance is obligatory and non-attendance results in disqualification. No specific date, time or venue is stated in this document.

Enquiries before the closing date: upload questions onto the Transnet e-Tender Submission Portal or direct them to the contact person listed in the RFX Document in the stipulated manner.

• After the closing date (during evaluation), respondents may communicate only with the contact person listed in the RFX Document.
• No named contact, email, telephone or address is stated in this document.

Submission method: upload the completed bid into the Transnet e-Tender Submission Portal against the selected tender (bidder guide available at transnetetenders.azurewebsites.net).

• Bids must be submitted no later than the closing date and time; late bids are not considered.
• Complete the official Transnet bid forms in full; bids on the bidder's own forms or with the bidder's own terms and conditions may be rejected.
• Additional information may be submitted under separate cover on company letterhead only where the official form provides insufficient space, and must be cross-referenced in the RFX.
• All returnable documents listed in the RFX must be submitted with the bid. Failure to submit mandatory returnable schedules or documents results in disqualification; failure to submit other schedules or documents may also result in disqualification.
• Alterations to bid prices must be made by deleting incorrect figures and words, inserting the correct ones, and initialling each change; failure may exclude the affected items from award.
• Bids by or on behalf of foreign principals may be submitted directly or through a South African representative or agent; written proof of the agent's authorisation must be submitted or the bid is disqualified.
• Drawings required from the respondent must be furnished before the closing time and date; non-receipt may disqualify the bid.
• Where samples are required, they must be marked with the respondent's name, address, bid number and item number and reach the addressee by the closing date; late samples may cause rejection.

All returnable documents listed in the RFX must be submitted with the bid. Failure to submit mandatory returnable schedules or documents results in disqualification; failure to submit other schedules or documents may also result in disqualification. Where special forms or formats are issued, bids must be completed on those official forms and not on the bidder's own documents; original forms must be completed. Additional information may only be submitted under separate company letterhead where insufficient space is provided, and must be cross-referenced in the RFX.

Evaluation stages and scoring split are not stated in this document (Annexure 4 – General Bid Conditions).

• No bid will be awarded to a bidder whose name, or that of any of its members, directors, partners or trustees, appears on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Failure to submit mandatory returnable schedules or documents results in disqualification; failure to submit other schedules or documents may also result in disqualification.
• Where the RFX marks a site visit or briefing session as compulsory, attendance is obligatory and non-attendance results in disqualification.
• A representative or agent acting for a foreign principal must submit written proof of authorisation, failing which the bid is disqualified.
• A foreign bidder must nominate an authorised representative in the Republic of South Africa and submit to the jurisdiction of the South African courts, with a domicilium citandi et executandi in the Republic.
• The successful bidder must 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 carrying on business in South Africa, within 30 calendar days of the letter of acceptance. No other form of guarantee is accepted.
• After the closing date (during evaluation), respondents may communicate only with the contact person named in the RFX.

The scope of this tender is the leasing of premises described as land asset number ERF EBX2466L and EBX2467L, located on a portion of ERF 19711 and ERF 19720, West Bank, in the Port of East London, for a period of up to ten (10) years.

• This document (Annexure 4 – General Bid Conditions) does not contain technical specifications, quantities, locations or service levels beyond the general conditions.
• Unless otherwise stipulated, goods offered must be new, i.e. unused and neither second-hand nor reconditioned.
• Where samples are required, they must be suitably marked with the respondent's name and address, bid number and bid item number, and must reach the addressee by the closing date; failure to submit samples on time may result in rejection of the bid.
• Transnet may retain samples furnished in compliance with bid conditions, and no payment is made for a successful respondent's samples retained to check quality and workmanship. Unsuccessful respondents' samples not retained may be collected at the respondent's own risk and cost.
• Although Transnet does not bind itself to purchase a definitive quantity, the successful respondent undertakes to supply such quantities as are ordered against the contract on or before its expiry; Transnet accepts no liability for material or stock specially ordered or carried by the respondent to meet contract requirements, and estimated annual quantities in the bid documents are estimates only.
• The delivery period is governed by the Terms and Conditions of Contract, and the supplier may be required to submit periodic progress reports on delivery.
• Where unforeseen circumstances require short-notice immediate delivery, the supplier is given first right of refusal; if it cannot meet the critical delivery period, Transnet may buy outside the contract from another source, and the Total or Partial Failure to Perform the Scope of Supply provisions of the Terms and Conditions of Contract do not apply in those circumstances.
• Copyright in plans, drawings, diagrams, specifications and documents compiled by the supplier for contract work is governed by the Intellectual Property Rights section of the Terms and Conditions of Contract.
• Unless notified otherwise by official amendment, respondents must tender strictly in accordance with the drawings and specifications supplied by Transnet, even if aware that alterations are contemplated.
• A respondent quoting to foreign specifications other than British or American standards must submit translated copies with the bid, and must furnish full details of any departures or variations in a covering letter; non-compliance may result in disqualification.

Although Transnet does not bind itself to purchase a definitive quantity, the successful respondent undertakes to supply such quantities as are ordered against the contract on or before its expiry; Transnet accepts no liability for material or stock specially ordered or carried by the respondent to meet contract requirements, and estimated annual quantities in the bid documents are estimates only, with Transnet reserving the right to order only what its operational requirements need.

• The delivery period is governed by the Terms and Conditions of Contract, and the supplier may be required to submit periodic progress reports on delivery.
• Where unforeseen circumstances require short-notice immediate delivery, the supplier is given first right of refusal; if it cannot meet the critical delivery period, Transnet may buy outside the contract from another source, and the Total or Partial Failure to Perform the Scope of Supply provisions of the Terms and Conditions of Contract do not apply in those circumstances.
• Copyright in plans, drawings, diagrams, specifications and documents compiled by the supplier for contract work is governed by the Intellectual Property Rights section of the Terms and Conditions of Contract.
• Unless notified otherwise by official amendment, respondents must tender strictly in accordance with the drawings and specifications supplied by Transnet, even if aware that alterations are contemplated.
• Drawings required from the respondent must be furnished before the closing time and date, and non-receipt may disqualify the bid.
• A respondent quoting to foreign specifications other than British or American standards must submit translated copies with the bid, and must furnish full details of any departures or variations in a covering letter; non-compliance may result in disqualification.

All monetary amounts in a bid response must be in Rand (ZAR) unless the RFP specifically permits otherwise. Prices quoted subject to confirmation will not be considered. Alterations to bid prices before submission must be made by deleting incorrect figures and words and inserting the correct ones, and must be initialled by the person signing the bid documents; failure may result in the affected items being excluded from award.

• Where all or part of the contract value is to be remitted overseas, Transnet will, on request, pay overseas directly to the foreign principal or manufacturer for the percentage stipulated in the bid. Transnet prefers Rand-based agreements and requests that respondents consider obtaining forward exchange cover on the foreign currency portion at a cost acceptable to Transnet; respondents wanting this facility must furnish the information in the Exchange and Remittance section and full details of the payee principal or manufacturer. South African Reserve Bank approval is required before any foreign currency payment.
• Transnet will not recognise claims for price adjustment arising after the delivery date set out in the order or contract or any later agreement, and reserves the right to request a pro-forma or tax invoice to ensure compliance with the contract and VAT Act.
• Unless otherwise specified, prices for goods must be on a Delivered Duty Paid (latest ICC Incoterms) basis at the delivery point(s) in the bid documents; bids on any other delivery basis are liable to disqualification, and the stated lead time must include all non-working days, holidays, stocktaking and repair or overhaul periods.
• Local supplies (goods manufactured, produced or assembled in South Africa, or imported supplies held in South Africa) are quoted Delivered RSA named destination; imported supplies are quoted Delivered Duty Paid to end destination in South Africa unless the price schedule says otherwise.
• Respondents must delete items not tendered or priced elsewhere.
• For local supplies, quoted 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 (the local commission) must show VAT separately.
• Payment is based on the conditions in the Terms and Conditions of Contract, but respondents may also submit alternative payment or financing proposals with full particulars, which will be evaluated on financial merit; respondents must first tender strictly in accordance with the standard payment conditions, and failure to do so may preclude further consideration. The successful supplier must, where applicable, furnish a guarantee covering any advance payments.
• Conditional discounts for payment within a specific period are calculated from the date Transnet receives the supplier's month-end statement reflecting the relevant tax invoices, provided the contract conditions are fulfilled and the invoice is correct; incomplete or incorrect invoices are returned and the period recalculated from receipt of correct documentation.

All monetary amounts in a bid response must be in Rand (ZAR) unless the RFP specifically permits otherwise.

• Prices quoted subject to confirmation will not be considered.
• Unless otherwise specified, prices for goods must be on a Delivered Duty Paid (latest ICC Incoterms) basis at the delivery point(s) in the bid documents; bids on any other delivery basis are liable to disqualification.
• Local supplies (goods manufactured, produced or assembled in South Africa, or imported supplies held in South Africa) are quoted Delivered RSA named destination; imported supplies are quoted Delivered Duty Paid to end destination in South Africa unless the price schedule says otherwise.
• The stated lead time must include all non-working days, holidays, stocktaking and repair or overhaul periods.
• For local supplies, quoted 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 (the local commission) must show VAT separately.
• Payment is based on the conditions in the Terms and Conditions of Contract, but respondents may also submit alternative payment or financing proposals with full particulars, which will be evaluated on financial merit; respondents must first tender strictly in accordance with the standard payment conditions, and failure to do so may preclude further consideration.
• The successful supplier must, where applicable, furnish a guarantee covering any advance payments.
• Conditional discounts for payment within a specific period are calculated from the date Transnet receives the supplier's month-end statement reflecting the relevant tax invoices, provided the contract conditions are fulfilled and the invoice is correct; incomplete or incorrect invoices are returned and the period recalculated from receipt of correct documentation.
• The successful respondent must 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 carrying on business in South Africa, within 30 calendar days of the letter of acceptance. No other form of guarantee is accepted. No payment will be made until the completed form is delivered; failure to return it within the prescribed time (absent prior extension) entitles Transnet to cancel the contract with immediate effect.
• Where all or part of the contract value is to be remitted overseas, Transnet will, on request, pay overseas directly to the foreign principal or manufacturer for the percentage stipulated in the bid. Transnet prefers Rand-based agreements and requests that respondents consider obtaining forward exchange cover on the foreign currency portion at a cost acceptable to Transnet; respondents wanting this facility must furnish the information in the Exchange and Remittance section and full details of the payee principal or manufacturer. South African Reserve Bank approval is required before any foreign currency payment.
• Transnet will not recognise claims for price adjustment arising after the delivery date set out in the order or contract or any later agreement, and reserves the right to request a pro-forma or tax invoice to ensure compliance with the contract and VAT Act.

Restricted suppliers: No bid will be awarded to a bidder whose name, or that of any of its members, directors, partners or trustees, appears on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers. Transnet may withdraw an award or cancel a contract if the bidder is later found to be restricted by another government institution.

• Identification: If the respondent is a company, the full names of the directors must be stated in the bid; if a close corporation, the full names of the members; if a partnership or individual trading under a trade name, the full names of the partners or the individual.
• Foreign bidders: A foreign bidder must state in its bid the name of its authorised representative in the Republic of South Africa who is empowered to sign any contract and to act on its behalf. A South African representative or agent of a successful foreign respondent must enter into and sign the 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, authorising the choice of domicilium citandi et executandi. Where payment is made in South Africa, the foreign supplier must notify Transnet in writing of the bank account (foreign supplier's or its South African agent's) for EFT payment.
• The law of the Republic of South Africa governs the contract; the domicilium citandi et executandi must be a place in South Africa specified by the respondent, who submits to the jurisdiction of South African courts.
• No bid fee is applicable; bid documents may be downloaded free of charge from National Treasury's e-Tender Publication Portal at www.etenders.gov.za and from the Transnet website at www.transnet.net.
• This document does not state CSD registration, tax clearance, B-BBEE, CIDB, CIPC, or local content requirements.

If a respondent, after notification of acceptance, fails to enter into a formal contract within the period Transnet specifies, accept an order, furnish satisfactory security, or comply with any condition imposed by Transnet, Transnet may without prejudice accept another bid or call for fresh bids and recover any additional expense incurred.

• Upon acceptance, the parties are bound by the General Bid Conditions and any contractual terms or schedule of Special Conditions forming part of the bid documents; an email successfully sent to the respondent counts as proof of delivery one day after submission.
• Unsuccessful respondents are advised in writing as soon as possible after closing, and on award are informed of the successful respondent's name and the reason their bid was unsuccessful.
• The supplier must adhere to the Terms and Conditions of Contract issued with the bid documents together with any Special Conditions; a respondent finding conditions unacceptable must indicate which and offer amendments or alternatives in writing on company letterhead, subject to review by Transnet's Legal Counsel, and will be given an opportunity to withdraw an unacceptable deviation, failing which it is disqualified.
• The contract documents comprise the General Bid Conditions, the Terms and Conditions of Contract and any Special Conditions, which together with the bid response constitute the contract on receipt of Transnet's letter of acceptance, subject to agreed amendments; where a formal contract will be signed, these documents plus the bid response, covering letter, subsequent correspondence and letter of acceptance constitute a binding contract until the final contract is signed.
• The law of the Republic of South Africa governs the contract; the domicilium citandi et executandi must be a place in South Africa specified by the respondent, who submits to the jurisdiction of South African courts, and a foreign respondent must state the name of its authorised South African representative empowered to sign and act.
• The successful respondent must, when called upon, provide security to Transnet's satisfaction 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; the security may be applied in whole or part at Transnet's discretion to make good loss or damage from breach, its amount is stipulated in the bid documents, and the Deed of Suretyship form must be completed and returned within 30 calendar days of the letter of acceptance, with no payment made until it is delivered and cancellation with immediate effect if it is late absent a prior extension. Additional costs caused by the supplier's default under this clause are for the supplier's account.
• No bid will be awarded to a bidder (or its members, directors, partners or trustees) appearing on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers, and Transnet may withdraw an award or cancel a contract if the bidder is later found to be restricted by another government institution.

Where a conflict arises between the General Bid Conditions and the issued RFX document, the conditions stated in the RFX document prevail.

• The award of a bid for imported goods may be subject to the issue of an export licence in the country of origin or supply, which the supplier's manufacturer or forwarding agent must apply for if required.

Bids must be submitted no later than the closing date and time stated in the bid documents, following the directions issued; late bids will not be considered. Bid documents must be completed in their entirety and submitted by uploading into the system against each selected tender (bidder guide on the Transnet portal). Respondents must hold their bid valid for acceptance within the requested validity period after the closing date, and may be asked to extend it for a specified additional period without changing any aspect of the bid, unless a change is a direct and unavoidable consequence of the extension.

• Bids by or on behalf of foreign principals may be forwarded directly or through a South African representative or agent; written proof of the agent's authorisation must be submitted or the bid is disqualified. Agents must compile and sign bids in the principal's name, and a successful foreign respondent's South African representative must enter into and sign the 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, authorising the choice of domicilium citandi et executandi. Where payment is made in South Africa, the foreign supplier must notify Transnet in writing of the bank account (foreign supplier's or its South African agent's) for EFT payment.

After the closing date (during evaluation), respondents may communicate only with the contact person named in the RFX. No other evaluation criteria are stated in this document.

Bidders must sign Transnet's standard Non-Disclosure Agreement (April 2020 version) as part of the bid response. This commits the bidder to treat all Transnet information exchanged for the RFI/RFP/RFQ as confidential, use it only for bid discussions and any resulting contract, ensure secure storage and record-keeping, return or destroy confidential material within seven days of written demand, and obtain prior written consent before any public announcement or marketing use of the other party's name. The confidentiality obligations survive termination of bid discussions for five years. The agreement is governed by South African law, with exclusive jurisdiction of South African courts.

Bidders must sign Transnet's standard Non-Disclosure Agreement (April 2020 version) as part of the bid response. It obliges the bidder to treat all Transnet information exchanged for the RFI/RFP/RFQ as confidential, to use it only for bid discussions and any resulting contract, to ensure secure storage and record-keeping of that information, to return or destroy confidential material within seven days of written demand, and to obtain prior written consent before any public announcement or marketing use of the other party's name. The confidentiality obligations survive termination of bid discussions for a period of five years. The agreement is governed by South African law, and the parties submit to the exclusive jurisdiction of the South African courts.