For the development of comprehensive category strategies and sourcing strategies for supply chain management, as well as the provision of resourcing requirements to implement the category strategies and training to support the implementation of the new procurement operation model of TRANSNET as a once off.

Returnable documents:

• Transnet Non-Disclosure Agreement (April 2020): sign and return with the bid response. It binds the bidder to confidentiality obligations.
• No other returnable forms are specified in this document.

No evaluation criteria are stated in this document. The only requirement is to sign and return the Non-Disclosure Agreement with the bid response.

The document is a Non-Disclosure Agreement. It does not describe the scope of work, deliverables, quantities, or locations for the tender.

Non-Disclosure Agreement obligations:

• Treat all Confidential Information as secret and confidential.
• Use Confidential Information only for the purpose of the Bid or subsequent contract performance.
• Disclose Confidential Information only to Agents who strictly need to know it, and ensure they are aware of its confidential nature.
• Notify the Disclosing Party promptly of any unauthorised disclosure or use.
• Maintain proper and secure storage of all Information and copies.
• Keep a written record of Confidential Information provided and its location, and supply it to the Disclosing Party on request.
• Within 7 days of a written demand, return all written Confidential Information and expunge or destroy it from any device.
• On request, supply a certificate signed by a director confirming full compliance with the destruction requirement.
• Comply with South Africa's privacy protection under Section 14 of the Bill of Rights.
• Maintain appropriate technical and organisational measures against unauthorised or unlawful processing of bid-related data.
• Obligations survive termination of discussions and continue for 5 years.
• Neither party may make announcements about its prospective interest in the Bid without prior written consent.
• Neither party may use the other's name or information for publicity or marketing without prior written consent.
• Each party acts as principal, not as nominee, agent, or broker.
• The Agreement is governed by South African law, with exclusive jurisdiction of South African courts.

Confidentiality obligations:

• All Confidential Information must be kept secret and confidential.
• Use is limited to the Bid or subsequent contract performance.
• Disclosure to Agents is permitted only on a need-to-know basis, with prior awareness of confidentiality.
• Disclosure required by law must be promptly notified to the Disclosing Party.
• Unauthorised disclosure or use must be reported promptly, and remedial steps taken if requested.
• Confidential Information remains the property of the Disclosing Party; no intellectual property rights are conferred.

Return of information:

• Within 7 days of written demand, return all written Confidential Information and expunge or destroy it from devices.
• A director-signed certificate of compliance may be required.

Announcements:

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

Duration:

• Obligations survive termination of discussions and continue for 5 years.

Principal:

• Each party acts as principal, not as nominee, agent, or broker.

Remedies:

• The Disclosing Party may pursue all legal and equitable remedies for breach.

Privacy and data protection:

• Comply with Section 14 of the Bill of Rights.
• Maintain appropriate technical and organisational measures against unauthorised processing.

General:

• No assignment without consent, except Transnet may assign to Transnet Group members.
• No waiver by failure or delay.
• Severability of invalid provisions.
• Modification only by written agreement signed by authorised persons.
• No partnership, joint venture, or agency created.
• Governed by South African law; exclusive jurisdiction of South African courts.