Supply and delivery of health clinic consumables for phelophepa healthcare trains (3-Year contract)

This document is a Non-Disclosure Agreement (NDA) from Transnet SOC Ltd (Registration No. 1990/000900/30), not the main tender document.

Key obligations for bidders:

• Confidential Information must be kept secret and not disclosed without Transnet's written consent
• Information may only be used for technical and commercial discussions related to the Bid or subsequent contract performance
• Disclosure is permitted only to Agents who strictly need to know, provided they are informed the information is confidential
• Disclosure may also occur when required by law, subject to prompt notification to Transnet
• All Confidential Information remains the property of the Disclosing Party
• No intellectual property rights are conferred by disclosure

Record-keeping and return requirements:

• Receiving Party must ensure proper and secure storage of all Information
• Written records of Confidential Information provided must be maintained and supplied to Transnet on request
• Within 7 days of written demand, the Company must return all written Confidential Information and expunge/destroy it from all devices
• A director-signed certificate confirming compliance with destruction requirements must be provided on request

Announcements and publicity:

• No announcements or disclosures about prospective interest in the Bid without prior written consent
• No use of the other party's name or information for publicity or marketing without prior written consent

Duration and costs:

• Confidentiality obligations survive termination of discussions and continue for 5 years
• Each party bears its own costs in considering or pursuing the Bid

Privacy and data protection:

• Receiving Party must comply with South Africa's privacy protection under Section 14 of the Bill of Rights
• Appropriate technical and organisational measures must be in place against unauthorised processing or loss of Bid-related data

General provisions:

• Agreement cannot be assigned without consent (Transnet may assign to any Transnet Group member)
• Governed by South African law with exclusive jurisdiction of South African courts
• Does not create partnership, joint venture, or agency relationship

Note: This NDA is Annexure D of the tender. The main tender document containing actual procurement requirements, evaluation criteria, submission instructions, and technical specifications was not provided in this extraction.

• The supplier/service provider is appointed to supply goods/provide services as per the Schedule of Requirements/Work Orders issued under this agreement.
• Goods are defined as the material/products specified in Schedule 1.
• Services are defined as those provided pursuant to Work Orders.
• The supplier must ensure goods/services comply fully with specifications in Schedule 1 and adhere to railway safety requirements/regulations.
• Transnet reserves the right to inspect goods at any stage before final acceptance; suppliers must provide access, inspection gauges, test equipment, and samples.
• Goods found defective may be rejected; supplier bears replacement costs and must remedy defects.

• For local content obligations, milestone targets (Local Content Plan) may be agreed; if unable to meet targets, supplier must seek DTI exemption within 10 days.
• If exemption granted, parties renegotiate targets; if not, supplier must meet original commitments.
• Non-compliance penalties include a 30-day remedy period, then financial penalties based on undelivered local content value plus 5% difference.

• Service provider personnel replacements must be of equivalent calibre and experience, subject to Transnet approval.

• A contract Risk Register must be prepared within two weeks of signature, with risks and mitigation actions jointly determined.
• Monthly progress meetings track late deliverables, costs, performance issues, and corrective actions.
• Transnet reserves the right to inspect goods at any stage; suppliers must provide access, calibrated gauges, test equipment, and samples.
• Inspection procedures must adhere strictly to agreement terms and specifications.

• Prices are subject to review as per Schedule of Requirements/Work Order.
• Price adjustments negotiated at least two months prior, considering market-related pricing, costs, order size, and specification changes.
• Supplier must keep full cost records for audit by Transnet.

• Prices are subject to review as indicated in the Schedule of Requirements/Work Order.
• Price adjustments are negotiated at least two months prior, considering market-related pricing, costs, order size, and specification changes.
• Supplier must keep full and accurate cost records, producible for audit by Transnet.
• If Transnet finds lower-priced equivalent goods/services elsewhere, supplier must match price within 30 days or face reduced obligations or termination.
• Invoices must be valid, undisputed Tax Invoices with supporting documentation; payment terms are 30 calendar days from receipt.
• Interest may be charged on late payments at The Standard Bank of South Africa’s prime rate.
• Supplier retains ownership of goods until full payment; risk passes on delivery.

• Supplier must maintain all required licenses, permits, and renewable certifications (including B-BBEE Verification Certificate) for the agreement term.
• Must comply with South African labour legislation, including the Occupational Health and Safety Act.
• Must adhere to the Transnet Supplier Integrity Pact to avoid dishonesty, fraud, and corruption.
• Must comply with environmental legislation and have an environmental management policy.
• Must ensure tax clearance compliance for Income Tax, VAT, PAYE, etc., for the agreement duration.
• B-BBEE status details and proof must be submitted annually at the beginning of March; any negative changes must be reported.
• Local content obligations are mandatory if applicable; supplier must continuously update declarations and may face audits by Transnet/DTIC.
• Non-compliance with local content, subcontracting, or job creation commitments may result in penalties and termination.

• Supplier must comply with the Occupational Health and Safety Act and other South African labour legislation.
• Goods/services must comply with railway safety requirements/regulations per the National Railway Safety Regulator Act.
• Service provider personnel must comply with Transnet’s conduct, security, and health/safety requirements on premises.
• The agreement includes provisions for protection of personal information per POPIA.

• Supplier must comply with environmental legislation, demonstrate sound environmental performance, and have an environmental management policy.
• Supplier must provide Transnet with an understanding of its position on waste disposal, recycling, and energy conservation (Green Economy/Carbon Footprint).
• Local content reporting may include environmental aspects if applicable.

• Agreement duration is for a specified period, extendable at Transnet’s option; either party may cancel with 30 days’ notice, but existing Purchase Orders remain applicable.
• Monthly contract progress meetings are held to monitor deliverables, costs, performance, and risks.
• Supplier obligations include professional conduct, record-keeping, compliance with laws, integrity, anti-discrimination, and tax clearance.
• Subcontracting requires Transnet approval; penalties apply for undisclosed subcontracting or failure to meet commitments.
• B-BBEE and local content obligations are mandatory with reporting requirements; non-compliance may lead to penalties or termination.
• Penalties apply for non-compliance with Service Level Agreements, local content, subcontracting, and job creation commitments.
• Invoicing and payment terms specify 30-day payment from receipt of valid Tax Invoices.
• Price adjustments are negotiable based on market conditions and costs.
• Warranties require goods/services to meet specifications and not infringe third-party rights.
• Inspection rights allow Transnet to inspect goods and reject defective items.
• Termination clauses allow for cancellation for breach, insolvency, or without cause with 30 days’ notice.
• Confidentiality, intellectual property, dispute resolution, and governing law provisions are included.

• Transnet may audit compliance with Service Levels and claim service credits or invoke fee retention for non-performance.
• If Transnet can purchase similar goods/services of like quality from another supplier at a lower total delivered cost, the supplier must adjust prices within 30 days or Transnet may purchase from another supplier, reduce obligations, or terminate the agreement.
• The agreement includes provisions for effective monitoring, evaluation, and auditing of local content obligations.

No important dates found in the provided document. The document is an SLA annexure and does not contain tender dates. The closing date (2026-07-10) is listed in the tender record but not confirmed in this document.

Contact person identified from document: Matlala Mabetlela, Transnet Corporate Centre, Johannesburg. Communication modes specified: Email and Telephone. Sent to: Group Finance and Project Owner. Bidders should verify complete contact details from the main RFP document.

No submission guidelines found in the provided document. The document appears to be an SLA (Service Level Agreement) Annexure rather than the full tender document. Bidders should obtain the complete Request for Proposal document for submission requirements.

Service level requirements for phelophepha health clinic consumables:

• Delivery Timelines: 100% delivery compliance as per lead times specified in Scope of Work. All consumables must be delivered on the same pack size and quantity as per Purchase Order.

• Order Accuracy: 100% accuracy as per order specifications. Correct quantities, pack sizes, and specifications supplied.

• Regulatory/Compliance: 100% compliant to Manufacturer Standards. Products delivered in compliant manufacturer packaging.

• Product Recall Readiness: Ability to initiate recall notification within 24 hours. Mock recall/incident testing may be required.

• Responsiveness and Communication: Response to queries/orders within agreed turnaround times of two (2) working days.

• Non-Conformance Resolution: Corrective actions implemented within 48 hours. Corrective measures communicated in writing within 48 hours.

• Delivery Mode: As and When Required basis.

• Measurement: Monthly rating by Service Provider and Transnet Group Finance.

• Rating Scale: 1=Poor, 2=Fair, 3=Satisfactory, 4=Good, 5=Excellent.

No financial requirements found in the provided document. The document is an SLA annexure and does not contain pricing, bonds, guarantees, or payment terms. Bidders should refer to the main RFP document for financial requirements.

No specific compliance requirements found in the provided document. The document references regulatory/compliance standards related to manufacturer standards but does not specify CSD, tax clearance, B-BBEE, CIDB, or other standard compliance requirements. Bidders should refer to the main RFP document for compliance requirements.

Not explicitly stated in provided document; typically requires valid B-BBEE certificate, tax clearance, company registration, and proven experience in medical supplies delivery. Geographic coverage capability across all listed provinces is essential.

This document is an annexure listing possible delivery stations for the Phelophepha Health Care Trains I and II. Suppliers must be prepared to deliver medical clinic consumables to stations across nine provinces:

• Eastern Cape: Alicedale, Cookhouse, Cradock, Burgersdorp, Komani, King Williams Town, Stutterheim, Swartkops, Mount Ruth, Middeldrift, Alice, KwaDukuza, Gingindlovu, Vryheid
• KwaZulu-Natal: Newcastle, Ladysmith, Pietermaritzburg, Lions River, Empangeni, Mooi River, Ulundi, Welkom, Mkuze, Greytown, Emakwezini, Belfast, Kinross, Ogies
• Free State: Bloemfontein, Bethlehem, Harrismith, Bothaville, Botshabelo, Frankfort, Koppies, Henneman, Ireagh, Dube, New Canada, Katlehong
• Mpumalanga: Mkhondo, Ermelo, Bethal, Witbank, Delmas, Komatipoort, Mkhuhlu, Lydenberg, Acornhoek
• Gauteng: Oakmoor, Randfontein, Olifantsfontein, Krugersdorp, Boven Heidelberg, Springs, Kwesina, Sedibeng, Mabopane
• Limpopo: Mussina, Makhado, Tzaneen, Pienaarsrivier, Thabazimbi, Polokwane, Mokopane
• Western Cape: Ashton, Saldanha Bay, Swellendam, Elgin, Worcester, Piketberg
• Northern Cape: Warrenton, Upington, Jan Kempdorp, DeAar, Prieska, Postmasburg, Kimberley, Douglas, Vryburg, Colesberg, Heyskekrand, Blomhof
• Northwest: Rustenburg, Klerksdorp, Potchefstroom, Lichtenburg, Christiana, Mogwase, Taung, Mahikeng

Deliveries are required on an 'as when and required basis' for a three-year period.

No specific compliance requirements found in this document. Refer to the main tender document for CSD, tax clearance, B-BBEE, and other mandatory compliance requirements.

Submit the following returnable documents as part of the bid: SBD 6.2 Declaration Certificate for Local Production and Content, Annex C (Local Content Declaration: Summary Schedule). Bids missing these documents will be disqualified.

Bids must meet minimum local content thresholds: Sanitary Towels (70%), Sanitizers (90%), Linen savers/sheet under clothing textile (100%), Bandage (100%), Burn shield product (80%), Gloves (100%). Bids without SBD 6.2 and Annex C will be disqualified. Local content must be verified by Chief Financial Officer or legally responsible person.

Minimum local content thresholds for health clinic consumables: Sanitary Towels: 70%, Sanitizers: 90%, Linen savers and sheet under clothing textile: 100%, Bandage: 100%, Burn shield product: 80%, Gloves: 100%. Local content must be calculated using SABS SATS 1286:2011 formula: LC = [1 - x / y]

• 100, where x = imported content (ZAR), y = bid price excluding VAT (ZAR).

Bid pricing must exclude VAT. Imported content must be converted to ZAR using SARB exchange rates at 12:00 on the bid advertisement date. Submit proof of exchange rates. Declarations C, D, and E must be completed and updated for the contract duration.

Bid price must exclude VAT. Imported content (x) must be converted to ZAR using SARB exchange rates at 12:00 on the bid advertisement date. Proof of SARB exchange rates must be submitted. Successful bidders must continuously update Declarations C, D, and E with actual values for the contract duration.

Compliance with Preferential Procurement Regulations, 2017 (Regulation 8) is mandatory. Bids must meet stipulated local content thresholds. Sub-contracting must not reduce local content below the minimum threshold. B-BBEE compliance is evaluated in Stage 2 of the bidding process. Bidders must submit SBD 6.2 Declaration Certificate and Annex C. Non-compliance or incorrect data may result in disqualification or penalties under PPPFA Regulation 14.

B-BBEE compliance is evaluated in Stage 2 of the bidding process. Local content and B-BBEE are critical for designated sectors under Preferential Procurement Regulations, 2017 (Regulation 8). Sub-contracting must not reduce local content below the stipulated threshold.

Local content must be calculated using SABS SATS 1286:2011. Formula: LC = [1 - x / y]

• 100, where x = imported content (ZAR), y = bid price excluding VAT (ZAR). Exchange rates must use SARB rates at 12:00 on bid advertisement date. Bids missing SBD 6.2 Declaration Certificate or Annex C will be disqualified.

Two-stage evaluation: Stage 1 checks local content threshold compliance. Stage 2 evaluates price and B-BBEE. Bids failing Stage 1 are disqualified.

• Site visits or briefing sessions may be requested. If indicated as compulsory in the RFX Document, attendance is mandatory; failure to attend results in disqualification.
• No specific dates, times, or venues for briefings are provided in this document.

• Site visits or briefing sessions may be arranged. If compulsory, attendance is mandatory for bid validity.

• For clarification before the closing date, direct queries to the contact person listed in the RFX Document using the stipulated method.
• After the closing date, communicate only with the Chairperson of the relevant Bid Preparation and Evaluation Committee.
• No specific contact names, emails, phones, or addresses are provided in this document.

• Submit your bid no later than the closing date and time specified in the Bid Documents. Late bids will not be considered.
• Complete all Bid Documents in their entirety, legibly in non-erasable ink.
• Deliver bids in a sealed envelope with the bid number and subject marked on the front, and your return address on the reverse.
• Use only official Transnet bid forms and formats. Non-compliance may result in rejection.
• Submit all mandatory returnable documents listed in the RFX Documents. Failure to do so will result in disqualification.
• If samples are required, mark them with your name, address, bid number, and item number, and dispatch them to arrive by the closing date.
• All alterations to bid prices must be done by deleting incorrect figures and inserting correct ones, initialled by the signatory.

• Submit all returnable documents listed in the RFX Documents with your bid.
• Failure to submit mandatory schedules/documents results in disqualification.

Bidder must not be listed on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers. Must comply with all submission instructions (sealed envelope, correct forms). Must attend compulsory site visits/briefings if specified. Must submit all mandatory returnable documents. Must be legally authorized to bid (company directors, CC members, or partners identified). Foreign bidders must have a South African domicilium citandi et executandi and agree to South African jurisdiction.

• Goods must be NEW (unused, not second-hand or reconditioned) unless otherwise stipulated.
• Tender strictly in accordance with the drawings and/or specifications supplied by Transnet.
• If quoting against foreign specifications (other than British/American), submit translated copies and detail any departures.
• Submit any required drawings before the bid closing time; non-receipt may disqualify the bid.
• Copyright of plans and documents compiled for the contract is governed by the Intellectual Property Rights section.

• Quote prices in the Price Schedule on a Delivered Duty Paid basis (or Delivered RSA for local supplies).
• All amounts must be in ZAR. Prices subject to confirmation are not considered.
• Alterations to bid prices must be initialled.
• Local supply prices must include VAT, shown separately.
• You may propose alternative payment methods, but the primary tender must follow standard conditions.
• Conditional discount periods start from receipt of correct documentation.

• All monetary amounts must be in South African Rand (ZAR).
• Prices quoted subject to confirmation will not be considered.
• Quote prices on a Delivered Duty Paid (latest ICC Incoterms) basis to the specified delivery point(s), unless stated otherwise.
• For local supplies, quote on a Delivered RSA named destination basis. For imports, quote Delivered Duty Paid to end destination in South Africa.
• Prices for local supplies must be inclusive of VAT, shown separately on the Tax Invoice.
• You may submit alternative payment/financing proposals, but the primary tender must comply with the standard payment conditions.
• Conditional discounts: the discount period starts from receipt of the correct month-end statement and Tax Invoice.

• Provide the full names of all directors (company), members (close corporation), or partners/individual (partnership/trade name).
• No bid will be awarded to any bidder listed on the National Treasury Register of Tender Defaulters or List of Restricted Suppliers.
• Foreign bidders must appoint an authorised South African representative and provide a compliant Power of Attorney.
• If required, provide security via a Deed of Suretyship from an approved South African financial institution.
• Comply with all returnable document requirements; failure to submit mandatory schedules results in disqualification.

• Hold your bid valid for acceptance within the requested validity period after closing. Extensions may be requested.
• The successful bidder must provide a Deed of Suretyship as security, if required, within 30 days of acceptance.
• Contract documents comprise these General Conditions, the Terms and Conditions of Contract, and any Special Conditions.
• South African law governs the contract. Foreign bidders must specify a South African domicilium and authorised representative.
• Transnet may recover costs from a defaulting bidder who fails to enter a contract, accept an order, furnish security, or comply with conditions.

• If you default after bid acceptance (e.g., fail to sign contract, furnish security), Transnet may accept another bid and recover additional costs.
• In case of conflict between these General Conditions and the issued RFX document, the RFX document conditions prevail.

• Submit bids by the closing date in sealed envelopes with required markings.
• Use official Transnet forms.
• Provide full entity identification (directors, members, partners).
• If samples are required, submit them by the closing date.
• For imported goods, an export licence may be required.
• Goods must be new.
• Delete items not tendered for.
• Comply with drawing and specification requirements; submit translations for foreign specs.
• Foreign bidders need proper authorisation and a Power of Attorney.
• Check you are not listed on National Treasury's restricted databases.

• After bid closing, communicate only with the Chairperson of the Bid Preparation and Evaluation Committee.
• Unauthorised communication during evaluation may lead to disqualification.

No dates found in this document. The Integrity Pact does not contain closing dates, briefing sessions, site visits, or clarification deadlines. These dates should be in the main tender documentation.

No contact details found in this document. The Integrity Pact references Transnet's Tip-Off Anonymous hotline (0800 003 056) for reporting dishonest, fraudulent, or corrupt behaviour, but does not provide SCM or technical contact information. Contact details must be in the main tender documentation.

This document is an Integrity Pact annexure, not the main tender document. It does not contain submission instructions, deadlines, returnables, or submission addresses. The document states only that all potential bidders must read it and certify agreement in the RFX Declaration Form. The actual submission guidelines must be in the main tender documentation not provided here.

Bidders are ineligible if: (1) They have committed a transgression through violation of the Integrity Pact; (2) They appear on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers; (3) They have previous transgressions resulting in serious breach of law (corruption, fraud, theft, extortion, Competition Act violations) within the last 5 years; (4) They have been restricted by another government institution; (5) They submit false information regarding B-BBEE status or local content; (6) They have engaged in litigation against Transnet in bad faith; (7) They have personal financial interests or private interests affecting judgment in Transnet employees involved in the sourcing process

No technical specifications found. This document is an Integrity Pact, not a scope of work. It does not contain deliverables, service levels, or capacity requirements for health clinic consumables. The actual technical specifications must be in the main tender documentation.

No financial requirements found. This Integrity Pact does not contain pricing format, bonds, guarantees, payment terms, or financial capacity requirements. The actual financial requirements must be in the main tender documentation.

Key compliance requirements from the Integrity Pact:

• Bidders must not be on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers
• Bidders must declare no previous serious breaches of law (corruption, fraud, theft, extortion, Competition Act violations) in the last 5 years
• Bidders must uphold the 10 principles of the United Nations Global Compact (Human Rights, Labour, Environment, Anti-Corruption)
• Foreign bidders must disclose South African agents/representatives; South African bidders must disclose foreign principals
• Bidders must have a code of conduct addressing anti-bribery compliance
• Transnet's Zero Gifts Policy applies — no gifts, favours, or benefits to Transnet employees
• Bidders must not misrepresent B-BBEE status or local content declarations
• Subcontracting arrangements must be declared

Bidders must uphold UN Global Compact Principle 7 (precautionary approach to environmental challenges), Principle 8 (promote environmental responsibility), and Principle 9 (encourage environmentally friendly technologies) when conducting business with Transnet.

Dispute Resolution: Parties should resolve disputes amicably through good faith negotiations. Transnet will not do business with companies that litigate in bad faith. Bad faith includes vexatious proceedings, perjury, scurrilous allegations, and abuse of court process.

Governing Law: This Integrity Pact is governed by South African law.

Validity: Covers all bidding processes indefinitely unless cancelled by either party.

Severability: If any provision is invalid, the remainder remains valid.

Restriction Process: Transnet may exclude bidders from future bidding for up to 10 years for violations. Restricted entities are reported to National Treasury for the Database of Restricted Suppliers.

Sanctions for Violations: Transnet may exclude bidder, cancel contracts, recover payments, encash guarantees/bonds, cancel other contracts, and impose penalties up to 10% of contract value for undeclared subcontracting.

Transnet Commitments:

• No Transnet employee will demand, accept, or take promises of bribes, gifts, or benefits
• All bidders treated with equity, transparency, and fairness
• Same information provided to all bidders — no confidential advantages
• Employees with personal interests excluded from bidding process

Bidder Obligations:

• Zero Gifts Policy: No gifts, gratuities, entertainment, loans, or anything of monetary value to Transnet employees
• No collusion with competitors on prices, market allocation, methods, formulas, or bidding intentions
• Independent bidding — no consultation with competitors
• No illegal agreements or cartel arrangements
• No misrepresentation or forged documents
• No criminal offences under anti-corruption laws
• Declare foreign agents/principals if applicable
• Disclose conflicts of interest (family, business, or social relationships with Transnet employees)
• No monetary dealings with bid committee members

Independent Bidding Declaration: Bidders must declare they submitted bids independently without consulting competitors regarding prices, geographical areas, methods, formulas, bid intentions, or specifications.

Conflict of Interest: Must be declared in RFX declaration form or notified to Transnet immediately in writing.

Reporting Mechanism: Report dishonest Transnet employee behaviour to senior officials or Tip-Off Anonymous hotline 0800 003 056.

Bidders must sign and comply with all Integrity Pact undertakings to be registered as a Transnet vendor. Bidders must certify agreement in the RFX Declaration Form.