Air quality monitoring services at the port of port elizabeth and port of ngqura for nine months

Parties

• Transnet SOC Ltd, registration number 1990/000900/30, registered at 96 Rissik Street, Braamfontein, Johannesburg, 2017.
• The service provider, whose registration number and registered address are completed on appointment.

Appointment

• Transnet appoints the service provider to deliver air quality monitoring services at the Port of Port Elizabeth for nine (9) months as and when required.
• The services are delivered in accordance with the Schedule of Requirements attached to the agreement.

Interpretation

• Headings are for reference only.
• Terms not defined in the agreement carry their plain English meaning.
• The singular includes the plural and vice versa; natural persons include legal persons and vice versa; references to one gender include the other.

Legal notices

• Recipient: The Senior Contract Manager
• Organisation: Transnet National Ports Authority
• Address:

Port of Ngqura

eMendi Admin Building

Neptune Road

Port Elizabeth, 6001

• Attention: Legal Department

Commercial notices

• Recipient: The Senior Contract Manager
• Organisation: Transnet National Ports Authority
• Address:

Port of Ngqura

eMendi Admin Building

Neptune Road

Port Elizabeth, 6001

Procurement notices

• Recipient: The Procurement Manager
• Organisation: Transnet National Ports Authority
• Address:

Port of Ngqura

eMendi Admin Building

Neptune Road

Port Elizabeth, 6001

• Attention: Procurement Manager

Service required

• Air quality monitoring at the Port of Port Elizabeth.
• Delivered as and when required over a nine (9) month period.
• Work is authorised and controlled through Purchase Orders and Work Orders issued under the agreement.

Contracting model

• A master agreement governs the relationship; each Work Order sets out the detailed scope, timeframes, deliverables, fees and costs.
• Where a Work Order conflicts with the master agreement, the master agreement prevails unless specifically amended in writing.
• Time is of the essence; the service provider must meet the timeframes in the relevant schedule.

Service provider obligations

• Respond promptly to all Transnet complaints and enquiries.
• Report immediately any dispute or complaint about storage or delivery.
• Operate professionally and maintain a positive reputation.
• Keep full transaction records for at least five years.
• Hold and maintain all licences and permits required by law.
• Comply with South African labour and occupational health and safety legislation.
• Comply with the Transnet Supplier Integrity Pact.
• Comply with environmental legislation and maintain an environmental management policy.
• Keep all renewable certifications, including the B-BBEE verification certificate, valid for the full term.
• Act honestly and with integrity, avoid conflicts of interest, refuse bribery and report unethical conduct.
• Comply with income tax and VAT obligations and maintain tax clearance compliance.
• Avoid victimisation, harassment and discrimination.
• Ensure services meet the specifications in Schedule 1 and comply with railway safety requirements.

Personnel

• Personnel remain the service provider's employees or subcontractors; no employment relationship arises with Transnet.
• All personnel must be entitled to work in South Africa or the country where services are performed.
• Personnel must comply with Transnet's security, policy, code of practice and health and safety requirements.
• Transnet may refuse or remove personnel it reasonably considers undesirable or a security or confidentiality risk.
• The service provider must maintain continuity of personnel and promptly replace anyone who is absent or unsatisfactory with a person of equivalent calibre and experience, subject to Transnet approval.

Subcontracting

• Subcontracting requires Transnet's approval.
• Undeclared subcontracting may attract a penalty of up to 10% of the contract value.
• The service provider remains liable for all contractual obligations, including subcontracted work.
• No more than 25% of the contract value may be subcontracted to an enterprise with a lower B-BBEE status level than the service provider, unless that enterprise is an EME with the capability to perform.

Risk management

• Within two weeks of contract signature the parties must meet to prepare and maintain a contract Risk Register.
• Contract progress meetings are held monthly unless otherwise agreed in writing.
• Minutes of progress meetings must be kept and signed off by both parties.

Personnel continuity

• The service provider must use all reasonable endeavours to keep assigned personnel in place.
• If reassignment is necessary, or if Transnet advises that assigned personnel are unsatisfactory or absent, the service provider must promptly supply a replacement of equivalent calibre and experience.
• A replacement must be approved by Transnet before starting work; approval may not be unreasonably withheld or delayed.

Cost records

• The service provider must keep full and accurate records of all costs associated with supplying the services, in a form approved in writing by Transnet.
• Records must be produced for inspection at reasonable times on request and may be audited by Transnet or its representatives.

Price review

• Price negotiations must consider market-related pricing of equivalent services, continuous improvement initiatives, costs including labour, raw materials and transport or delivery, order size and frequency, and changes to the service specification.

Pricing

• Prices are stated in South African rand, inclusive and exclusive of VAT.
• Fees are set out in the relevant schedule or Work Order.
• Materials are not invoiced unless listed in an accepted Work Order; those materials are invoiced at cost.
• Reimbursable expenses must be agreed in advance, follow Transnet's travel and expenses policies, be passed on at cost with no administration fee, and be supported by receipts.

Payment

• Payment is made against a valid and undisputed tax invoice with supporting documentation and a month-end statement.
• Payment term: 30 calendar days after Transnet receives the statement, valid tax invoice and supporting documents.
• Late payment of an undisputed amount attracts interest at the Standard Bank of South Africa prime rate from the due date until payment.
• Transnet may withhold payment pending investigation where irregular expenditure is identified and the service provider is reasonably suspected of involvement or knowledge.

Price adjustments

• Prices are reviewed as indicated in the Schedule of Requirements or Work Order.
• Negotiations for a price adjustment must start at least two months before the proposed adjustment.
• The service provider must keep full cost records, approved in writing by Transnet, and produce them for inspection or audit on request.
• If the parties cannot agree on a new price, either may refer the matter to dispute resolution.
• If Transnet can buy equivalent services elsewhere at a lower total delivered cost, the service provider has 30 calendar days to match that cost; failing which Transnet may buy elsewhere, terminate without penalty, or continue the agreement.
• If the service provider sells equivalent services to a third party at a lower total delivered cost, it must adjust its price within 30 calendar days to match or beat that cost; failing which Transnet may buy elsewhere or terminate without penalty.
• The service provider must certify compliance with the price-adjustment clause within 30 calendar days of the commencement date, or whenever Transnet requests, and provide supporting information.

Penalties

• Penalties apply for failure to meet agreed milestone timelines where the delay is not caused by Transnet; the penalty rate is to be specified in the Work Order.

Ownership of goods

• The service provider retains ownership of plant, material, machinery and equipment supplied until Transnet has paid in full; risk and benefit pass to Transnet on delivery.

B-bbee

• The service provider must submit details and proof of its B-BBEE status at the beginning of March each year for the duration of the agreement.
• It must notify Transnet of any downgrade in B-BBEE status, or of any restructuring or change of control that could negatively affect its B-BBEE status.
• It must provide underlying B-BBEE verification data within 30 calendar days of a written request; failure is a service provider default.
• A change in B-BBEE status is dealt with under the breach and termination clause.

Statutory compliance

• Hold and maintain all licences and permits required by law.
• Comply with South African labour legislation, including the Occupational Health and Safety Act.
• Comply with income tax and VAT legislation and maintain tax clearance compliance.
• Comply with the National Railway Safety Regulator Act and the railway safety requirements in Schedule 1.
• Comply with environmental legislation and maintain an environmental management policy.
• Comply with the Protection of Personal Information Act as set out in the agreement.

Integrity

• Comply with the Transnet Supplier Integrity Pact.
• No bid may be awarded to a bidder whose name, or whose members, directors, partners or trustees, appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Transnet may withdraw an award or cancel a contract if it is established that the bidder has been restricted by another government institution.

Subcontracting

• Subcontracting requires Transnet approval.
• No more than 25% of the contract value may be subcontracted to an enterprise with a lower B-BBEE status level than the service provider, unless it is an EME with the capability to perform.

Occupational health and safety

• The service provider must comply with South African labour legislation, including the Occupational Health and Safety Act.
• Personnel must comply with all health and safety requirements made known by Transnet at its premises or at any premises where the services are performed.

Railway safety

• Services must comply with the specifications in Schedule 1 and with railway safety requirements and regulations under the National Railway Safety Regulator Act.
• A proposed subcontractor's capability to meet railway safety requirements is reviewed before approval.
• The service provider and any subcontractor must give Transnet access during the term to review safety-related activities, including coordination across the organisation.

Personnel conduct

• Personnel must comply with Transnet's security regulations, policy standards, codes of practice and health and safety requirements.
• Transnet may refuse or remove personnel whose presence is undesirable or a threat to confidentiality or security.

Environmental compliance

• The service provider must comply with all applicable environmental legislation and regulations.
• It must demonstrate sound environmental performance.
• It must have an environmental management policy ensuring that services are procured, produced, packaged, delivered, used and disposed of in an environmentally appropriate way.

Green economy

• The bid must show the service provider's position on waste disposal, recycling and energy conservation.

Term and cancellation

• The commencement date, duration and expiry date are completed on appointment.
• Transnet may extend the agreement for a further period by agreement.
• Either party may cancel without cause on 30 calendar days' written notice; purchase orders placed before cancellation remain valid.

Dispute resolution

• The parties must first attempt to resolve any dispute by negotiation within 10 business days.
• If unresolved, either party may refer the dispute to the Arbitration Foundation of South Africa (AFSA); proceedings are held in Johannesburg.
• The dispute is finally resolved by an arbitrator or arbitrators appointed under AFSA rules.
• The dispute clause is severable and survives termination.
• Either party may seek urgent relief from a court where grounds for urgency exist.

Notices

• Notices must be delivered by hand, fax or email to the addresses selected in the agreement.
• A hand-delivered notice is deemed given on the day of delivery.
• A faxed notice is deemed given at the date and time of sending, evidenced by a fax confirmation, provided it is confirmed by prepaid registered post on the day of dispatch or the next business day.
• An emailed notice is deemed given at the date and time received, provided it is confirmed by prepaid registered post on the day of dispatch or the next business day.

Amendment

• Any amendment must be in writing, signed by both parties and added as an addendum.
• The change process runs through a Change Notice, a Change Notice Response and formal approval.
• If the parties cannot agree on a change, they must seek agreement through the dispute resolution procedure.

General

• The agreement is governed by South African law and subject to South African court jurisdiction.
• If a change in law materially affects either party's obligations, the parties must negotiate amendments in good faith; failing agreement, either may refer the matter to dispute resolution.
• The agreement may be signed in counterparts.

Restricted suppliers

• No bid may be awarded to a bidder whose name, or whose members, directors, partners or trustees, appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Transnet may withdraw an award or cancel a contract if it is established that the bidder has been restricted by another government institution.

Provision of air quality monitoring services at the Port of Port Elizabeth, as and when required, over nine (9) months. The detailed scope is in Annexure A.

• Proposals are reviewed by Transnet's Legal Counsel, which may accept or reject proposed contractual terms before award.
• Acceptance may be conditional on the successful bidder, its personnel and subcontractors obtaining security clearance at CONFIDENTIAL, SECRET or TOP SECRET level, at the bidder's cost, and implementing the required security measures.
• Fraud and corruption may be reported to Tip-Offs Anonymous.

Compulsory briefing session: 11 November 2026 at 11:30, on Microsoft Teams (https://teams.microsoft.com/meet/3803757416141811?p=OsmYprhN8D7XGjSuUN), lasting about 2 hours. Attendance is compulsory; non-attendance disqualifies the bid. The attendance register or certificate of attendance is the proof.

Clarification queries: submit by 16 November 2026 at 12:00 to [email protected]. Responses are shared with all bidders.

Closing: 19 November 2026 at 12:00.

Bid validity: 60 business days from the closing date, excluding the first day and including the last day. Bidders may be asked to extend on the same terms; failing to respond before expiry excludes the bidder.

Enquiries

• Contact: Sibulele Mzizi
• Email: [email protected]
• Telephone: not applicable
• Facsimile: not applicable

Complaints

• Email: [email protected]
• Process: the SCM Complaints office acknowledges the complaint and sends a complaint form to complete.

Submission

• Method: Transnet e-Tender Submission Portal (TDPS)
• Portal: https://esupplierportal.transnet.net/portal/
• Bidder guide: transnetetenders.azurewebsites.net

Submission method: Transnet e-Tender Submission Portal (TDPS) only — no paper or email submissions.

• Register a company profile on https://esupplierportal.transnet.net/portal/ using the bidding entity's own details.
• Log an intent to bid against this RFQ before uploading.
• Upload bid documents against the tender; maximum 30 MB per upload, multiple uploads permitted.
• All pricing must be captured electronically in the eSupplier portal and also on Annexure B (Pricing Schedule). No paper pricing schedule is accepted.
• Submit at least one day before the closing date; Transnet accepts no responsibility for bidder-side internet, bandwidth or upload failures.
• Late submissions are not accepted.
• A bid submitted through another company's profile is rejected and the bidder disqualified, including between subsidiaries and holding companies.
• Joint ventures: any JV party may submit through its own registered profile on behalf of the JV.

Mandatory returnable document (non-submission disqualifies):

• Annexure B: Pricing Schedule.

Returnable documents used for scoring (non-submission scores zero for that criterion):

• Company experience in the field of work, on Annexure 1, with signed reference letters from clients.
• CVs and qualifications of employees to be deployed on the project.
• Project plan.
• Method statement.

Essential returnable documents (failure may lead to a deadline to remedy, then disqualification):

• Section 1: SBD 1 — Invitation to Bid, signed offer cover page with bidder and contact details.
• Section 5: Certificate of Acquaintance, RFQ Declaration and Breach of Law Form — confirms the bidder has read and accepts the RFQ conditions and discloses any serious breach of law in the past 5 years.
• Section 6: Specific Goals Points Claim Form — claims the 20 preference points for B-BBEE and specific goals.
• Section 7: Certificate of attendance of the compulsory site meeting.
• Section 8: Protection of Personal Information form — consents to processing of personal information.
• Section 9: Section 37(2) form.
• Public liability insurance covering third-party injury, death, loss and property damage.
• Motor vehicle third-party insurance for all relevant vehicles.

All returnable sections must be signed, stamped and dated by the bidder.

Evaluation stages:

1. Administrative and substantive responsiveness — pass/fail. Checks timeous lodgement, completeness and validity of returnable documents, authorised signature, compliance with Transnet and legislative criteria, presence of a priced offer, and material compliance with the scope and specification.
2. Technical/functionality threshold — minimum 66.67 out of 100, assessed on the Annexure C responses. Scores are rounded to two decimal places. Bids below the threshold are not evaluated further.
3. Weighted scoring out of 100:

• Price: 80 points, scored with the formula Ps = 80 × (1 − (Pt − Pmin) / Pmin), where Pt is the bid price and Pmin the lowest acceptable price. Only unconditional discounts count.
• Specific goals: 20 points, claimed on the Section 6 Specific Goals Points Claim Form:
• B-BBEE Status Level 1 or 2 contributor: 10 points.
• 50% or more Black youth owned: 5 points.
• EME or QSE that is 51% or more Black owned: 5 points.

4. Price negotiation if the price is not market-related — Transnet negotiates sequentially with the highest, then second, then third ranked bidder, or cancels the RFQ. Best and final offers may be requested.
5. Objective criteria — Transnet may award to another bidder where justified by insolvency, business rescue, liquidation, suspended activities or related legal proceedings; risk-assessment findings on financial stability (efficiency, profitability, financial risk, liquidity, acid test, solvency); a commercial relationship with a DPIP or FPPO; or reputational and brand risk.
6. Award and conclusion of contract by Letter of Award.

Preference point system: 80/20, the estimated value not exceeding R50 000 000 including all applicable taxes.

Reference verification: Transnet makes at least three documented attempts to contact each referee; if unsuccessful, the bidder gets 48 hours to facilitate contact. Unverifiable experience loses the points for that criterion and may change the ranking.

Scope: provision of air quality monitoring services at the Port of Port Elizabeth, as and when required, for a period of nine (9) months.

• Detailed scope of work is set out in Annexure A.
• Technical evaluation criteria are set out in Annexure C.
• Bidders must submit a project plan, a method statement, and CVs and qualifications of the employees to be deployed.
• The successful bidder, its personnel and subcontractors may need security clearance at CONFIDENTIAL, SECRET or TOP SECRET level, obtained at the bidder's cost, and must implement the security measures the safe performance of the contract requires.
• The successful bidder must comply with all applicable national and local laws and with the Employment Equity Act, including section 53.

A method statement must be submitted as a returnable document used for scoring. Failure to submit it scores zero for that criterion.

• A project plan must also be submitted as a returnable document used for scoring.

Company experience in the field of work must be submitted on Annexure 1 with signed reference letters from clients or entities. This is a returnable document used for scoring; failure to submit scores zero.

• CVs and qualifications of the employees to be deployed on the project must be submitted as a returnable document used for scoring.
• Transnet verifies references: at least three documented attempts to contact each referee, then 48 hours for the bidder to facilitate contact. Unverifiable experience loses the points for that criterion and may change the ranking.

Pricing must be completed in the eSupplier portal and on Annexure B (Pricing Schedule).

• Quote in South African Rand, inclusive of VAT, on a delivered nominated destination basis.
• State the delivery lead-time from purchase order in days or weeks.
• Use the prescribed format; deviation disqualifies the bid.
• Disbursements not specifically priced are not accepted.
• Only unconditional discounts are evaluated; conditional discounts are applied at payment stage but ignored for scoring.
• Price scores are rounded to two decimal places.
• If the highest ranked price is not market-related, Transnet negotiates with the first, second and third ranked bidders in turn, or cancels the RFQ.

Pricing

• Quote in South African Rand, inclusive of VAT, on a delivered nominated destination basis.
• Pricing must be entered in the eSupplier portal and on Annexure B (Pricing Schedule).
• Use the prescribed pricing schedule format; any deviation disqualifies the bid.
• Disbursements not specifically priced are not accepted.
• Only unconditional discounts are evaluated; conditional discounts are applied at payment stage but ignored for scoring.
• State the delivery lead-time from purchase order in days or weeks.
• Price scores are rounded to two decimal places.

Market-related price

• Transnet may decline to award if the price is not market-related and may negotiate with the first, second and third ranked bidders in turn, or cancel the RFQ.

Insurance

• Public liability insurance covering third-party injury, death, loss and property damage.
• Motor vehicle third-party insurance for all relevant vehicles.

No bid security, performance guarantee, retention percentage or turnover threshold is stated in the RFQ.

Tax and registration

• Valid SARS Tax Compliance Status PIN, or a printed TCS certificate, or a CSD number where no TCS is available.
• Registration on the Central Supplier Database (CSD) at https://secure.csd.gov.za/; only foreign suppliers with no local entity are exempt.
• Joint ventures, consortia and subcontractors: each party submits its own TCS certificate, PIN or CSD number.
• Tax matters of the successful bidder must be in order or satisfactory arrangements made with SARS.

B-bbee

• A B-BBEE status level verification certificate or sworn affidavit must be submitted.
• Certificates must be issued by a SANAS-accredited verification agency, a registered auditor, or an accounting officer as contemplated in the Close Corporations Act.
• B-BBEE Level 1 or 2 earns 10 of the 20 specific-goals points; 50%+ Black youth ownership earns 5; EME or QSE 51%+ Black owned earns 5.
• Failure to submit proof with the bid means no preference points are claimed.

Statutory and other

• Compliance with the Employment Equity Act, including section 53.
• No collusion with other bidders; colluding bidders are disqualified and restricted from doing business with organs of state.
• No canvassing of Transnet officers or employees between the closing date and award.
• Disclosure of any commercial relationship with a DPIP or FPPO.
• Disclosure of any owner, member, director, partner, shareholder or employee who was a Transnet employee or board member in the past 10 years, including whether they were involved in bid preparation or had access to RFQ information.
• Disclosure of all CSD-registered active companies linked to the bidder's directors; failure to disclose leads to disqualification.
• Bidders listed on the Register for Tender Defaulters or the List of Restricted Suppliers are automatically disqualified.
• Returnable documents must remain valid for the contract duration; failure to renew entitles Transnet to terminate immediately.

Public liability insurance covering third-party injury, death, loss and property damage is required.

• Motor vehicle third-party insurance is required for all relevant vehicles.
• The successful bidder must implement all security measures the safe performance of the contract requires, and may need security clearance at CONFIDENTIAL, SECRET or TOP SECRET level for its personnel and subcontractors.

Transnet may request information on the bidder's Environmental, Social and Governance (ESG) standing at any stage. This is for record and analysis only and is not used for evaluation or disqualification.

• Subcontractors may be subject to due diligence, including fronting investigations.

Contract duration: nine (9) months, as and when required.

• The quotation, any covering letter, subsequent correspondence and Transnet's acceptance form a binding contract.
• If the successful bidder fails to deliver within the quoted lead-time, Transnet may cancel the order and recover the cost of re-quoting or of a less favourable offer.
• Returnable documents must stay valid for the contract duration; failure to renew entitles Transnet to terminate immediately without liability.
• Transnet may cancel the contract and request that National Treasury restrict the bidder for up to 10 years where the contract was awarded on incorrect information.
• Transnet may award to the next ranked bidder if the preferred bidder fails to sign or commence within a reasonable period.
• A bidder who does not respond to a validity extension request before expiry is excluded.
• Transnet may request ESG information, conduct due diligence on subcontractors to detect fronting, and perform a risk analysis on unduly high or low rates, the bidder's contract terms, or the returnable contents.
• False, misleading or fraudulent information, including reference letters, may lead to appropriate action.
• The successful bidder must complete a Supplier Declaration Form for registration on the Transnet vendor master database.
• Transnet publishes the RFQ outcome on the National Treasury e-Tender Publication Portal and may disclose contract details under JSE Debt Listing Requirements.
• Contracts with a DPIP or FPPO are published annually on Transnet's website.

Two-gate evaluation followed by weighted scoring:

• Gate 1: administrative and substantive responsiveness (pass/fail).
• Gate 2: technical/functionality minimum threshold of 66.67 out of 100, assessed on Annexure C; scores rounded to two decimals.
• Weighted score out of 100: price 80 points and specific goals 20 points.
• Price formula: Ps = 80 × (1 − (Pt − Pmin) / Pmin).
• Specific goals: B-BBEE Level 1 or 2 = 10 points; 50%+ Black youth owned = 5 points; EME or QSE 51%+ Black owned = 5 points.
• Price negotiation and best and final offers may follow if the price is not market-related.
• Objective criteria and risk assessment may justify award to another bidder.

Returnable documents

• Signed Supplier Integrity Pact (Annexure F): certifies that the bidder has read and accepts the pact; the successful bidder's contract will incorporate it automatically.
• RFX Declaration Form: must confirm that the bidder has acquainted itself with and agrees to the Integrity Pact.
• Breach of Law Form: required where the bidder declares previous transgressions.

Disqualification risks

• Failure to sign and comply with the Integrity Pact.
• Any false declaration or misrepresentation in the returnable documents.
• Being listed on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.

Supplier Integrity Pact (Annexure F)

• Must be signed and complied with by all bidders; forms part of the contract automatically.
• Prohibits bribery, gifts, collusion and other corrupt conduct.
• Requires disclosure of any conflict of interest in the RFX Declaration Form.
• Requires disclosure of agents or representatives in South Africa (for foreign bidders) or foreign principals (for South African bidders).
• Bidders must uphold the ten principles of the United Nations Global Compact.
• Bidders must declare any previous transgressions in the last five years (Breach of Law Form).

Restriction and exclusion

• Bids will not be awarded to bidders on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.
• Transnet may exclude a bidder from future bidding for up to 10 years for violations.
• Subcontracting to a restricted company is prohibited.
• Undeclared subcontracting may attract a penalty of up to 10% of the contract value.

Reporting

• Corrupt behaviour by Transnet employees can be reported to the Tip-Off Anonymous hotline: 0800 003 056.

United Nations Global Compact

• Bidders must uphold the ten principles of the UNGC in the fields of human rights, labour, environment and anti-corruption.
• Environmental principles: support a precautionary approach to environmental challenges; undertake initiatives to promote greater environmental responsibility; encourage the development and diffusion of environmentally friendly technologies.

Contract incorporation

• The Supplier Integrity Pact forms part of the final contract with the successful bidder.
• The pact is governed by South African law and remains valid for an indefinite period unless cancelled by either party.

Sanctions for violation

• Immediate exclusion from the bidding process or cancellation of the contract without compensation.
• Recovery of all sums already paid by Transnet.
• Encashment of any advance bank guarantee, performance bond or warranty bond.
• Cancellation of other contracts with the bidder.
• Exclusion from future business with Transnet and other organs of state for a specified period.
• Penalty of up to 10% of the contract value for undeclared subcontracting.

Dispute resolution

• Parties must attempt to resolve disputes amicably.
• Transnet will not do business with a company that litigates against it in bad faith.
• Litigation in bad faith includes vexatious proceedings, perjury, scurrilous allegations and abuse of court process.