Once-off supply and delivery of dental accessories for TRANSNET engineering’s phelophepa healthcare trains

{"briefingSession":"{"date":null,"time":null,"venue":"ION BEFORE THE CLOSING DATE ............................................................................................ 4","is_compulsory":false}"}

7 site visits / briefing sessions

{"name":null,"email":null,"phone":null,"department":null,"address":"indicated in the Bid"}

Returnable Documents: All returnable documents listed in the RFX Documents must be submitted with Respondent’s Bid. Failure to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other schedules / documents may result in disqualification. of 11 Transnet General Bid Conditions 12 DEFAULTS BY RESPONDENTS If the Respondent, after it has been notified of the acceptance of its Bid fails to: 12.1 enter into a formal contract when called upon to do so within such period as Transnet may specify; or 12.2 accept an order in terms of the Bid; 12.3 furnish satisfactory security when called upon to do so for the fulfilment of the contract; or 12.4 comply with any condition imposed by Transnet, Transnet may, in any such case, without prejudice to any other legal remedy which it may have, proceed to accept any other Bid or, if it is necessary to do so, call for Bids afresh, and may recover from the defaulting Respondent any additional expense incurred by Transnet in calling for new offers or in accepting a less favourable offer. 13 CURRENCY All monetary amounts referred to in a Bid response must be in Rand, the currency of the Republic of South Africa [ZAR], save to the extent specifically permitted in the RFP. 14 PRICES SUBJECT TO CONFIRMATION 14.1 Prices which are quoted subject to confirmation will not be considered. 15 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES All alterations made by the Respondent to its Bid price(s) prior to the submission of its Bid Documents must be done by deleting the incorrect figures and words where required and by inserting the correct figures and words against the items concerned. All such alterations must be initialled by the person who signs the Bid Documents. Failure to observe this requirement may result in the particular item(s) concerned being excluded in the matter of the award of the business. 16 EXCHANGE AND REMITTANCE 16.1 The Respondent should note that where the whole or a portion of the contract or order value is to be remitted overseas, Transnet shall, if requested to do so by the Supplier/Service Provider, effect payment overseas directly to the foreign principal or manufacturer of such percentage of the contract or order value as may be stipulated by the Respondent in its Bid Documents. 16.2 It is Transnet’s preference to enter into Rand-based agreements. Transnet would request, therefore, that the Respondent give favourable consideration to obtaining forward exchange cover on the foreign currency portion of the Agreement at a cost that is acceptable to Transnet to protect itself against any currency rate fluctuation risks for the duration of any resulting contract or order. 16.3 The Respondent who desires to avail itself of the aforementioned facility must at the time of bidding furnish the information called for in the Exchange and Remittance section of the Bid Documents and also furnish full details of the principals or manufacturer to whom payment is to be made. 16.4 The South African Reserve Bank’s approval is required before any foreign currency payments can be made to or on behalf of Respondents. 16.5 Transnet will not recognise any claim for adjustment of the order and/or contract price if the increase in price arises after the date on which the Goods/Services were to be delivered, as set out in the order and/or contract, or any subsequent agreement between the parties. of 11 Transnet General Bid Conditions 16.6 Transnet reserves the right to request a pro-forma invoice/tax invoice in order to ensure compliance with the contract and Value-Added Tax Act no. [VAT Act]. 17 ACCEPTANCE OF BID 17.1 Upon the acceptance of a Bid by Transnet, the parties shall be bound by these General Bid Conditions and any contractual terms and/or any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 17.2 Where the Respondent has been informed by Transnet of the acceptance of its Bid, an email communication that has been successfully sent to the Respondent shall be regarded as proof of delivery to the Respondent 1 day after the date of submission. 18 NOTICE TO UNSUCCESSFUL RESPONDENTS 18.1 Unsuccessful Respondents shall be advised in writing that their Bids have not been accepted as soon as possible after the closing date of the Bid. On award of business to the successful Respondent all unsuccessful Respondents must be informed of the name of the successful Respondent and of the reason as to why their Bids had been unsuccessful. 19 TERMS AND CONDITIONS OF CONTRACT 19.1 The Supplier/Service Provider shall adhere to the Terms and Conditions of Contract issued with the Bid Documents, together with any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 19.2 Should the Respondent find any conditions unacceptable, it should indicate which conditions are unacceptable and offer amendments/ alternatives by written submission on a company letterhead. Any such submission shall be subject to review by Transnet’s Legal Counsel who shall determine whether the proposed amendments /alternative(s) are acceptable or otherwise, as the case may be. Respondents will be afforded an opportunity to withdraw an unacceptable deviation, failing which the respondent will be disqualified. 20 CONTRACT DOCUMENTS 20.1 The contract documents will comprise these General Bid Conditions, the Terms and Conditions of Contract and any schedule of “Special Conditions” which form part of the Bid Documents. 20.2 The abovementioned documents together with the Respondent’s Bid response will constitute the contract between the parties upon receipt by the Respondent of Transnet’s letter of acceptance / intent, subject to all additional amendments and/or special conditions thereto as agreed to by the parties. 20.3 Should Transnet inform the Respondent that a formal contract will be signed, the abovementioned documents together with the Respondent’s Bid response [and, if any, its covering letter and any subsequent exchange of correspondence] as well as Transnet’s Letter of Acceptance/Intent, shall constitute a binding contract until the final contract is signed. 21 LAW GOVERNING CONTRACT The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to of 11 Transnet General Bid Conditions submit to the jurisdiction of the courts of the Republic of South Africa. A foreign Respondent shall, therefore, state in its Bid the name of its authorised representative in the Republic of South Africa who is empowered to sign any contract which may be entered into in the event of its Bid being accepted and to act on its behalf in all matters relating to the contract. 22 IDENTIFICATION If the Respondent is a company, the full names of the directors shall be stated in the Bid. If the Respondent is a close corporation, the full names of the members shall be stated in the Bid. If the Respondent is a partnership or an individual trading under a trade name, the full names of the partners or of such individual, as the case may be, shall be furnished. 23 RESPONDENT'S SAMPLES 23.1 If samples are required from Respondents, such samples shall be suitably marked with the Respondent's name and address, the Bid number and the Bid item number and must be despatched in time to reach the addressee as stipulated in the Bid Documents on or before the closing date of the Bid. Failure to submit samples by the due date may result in the rejection of a Bid. 23.2 Transnet reserves the right to retain samples furnished by Respondents in compliance with Bid conditions. 23.3 Payment will not be made for a successful Respondent’s samples that may be retained by Transnet for the purpose of checking the quality and workmanship of Goods/Services delivered in execution of a contract. 23.4 If Transnet does not wish to retain unsuccessful Respondents’ samples and the Respondents require their return, such samples may be collected by the Respondents at their own risk and cost. 24 SECURITIES 24.1 The successful Respondent, when called upon to do so, shall provide security to the satisfaction of Transnet for the due fulfilment of a contract or order. Such security shall be in the form of a Deed of Suretyship [Deed of Suretyship] furnished by an approved bank, building society, insurance or guarantee corporation carrying on business in South Africa. 24.2 The security may be applied in whole or part at the discretion of Transnet to make good any loss or damage which Transnet may incur in consequence of a breach of the contract or any part thereof. 24.3 Such security, if required, shall be an amount which will be stipulated in the Bid Documents. 24.4 For the purpose of clause 24.124.1 above, Transnet will supply a Deed of Suretyship form to the successful Respondent for completion and no guarantee in any other form will be accepted. A copy of such form will be supplied to Respondents on request. For this purpose a Deed of Suretyship form will be provided which shall be completed and returned to Transnet or a designated official by the successful Respondent within 30 [thirty] calendar days from the date of the letter of acceptance. No payment will be made until the form, duly completed, is delivered to Transnet. Failure to return the Deed of Suretyship within the prescribed time shall, save where prior extension has been granted, entitle Transnet without notice to the Supplier/Service Provider to cancel the contract with immediate effect. 24.5 Additional costs incurred by Transnet necessitated by reason of default on the part of the Supplier/Service Provider in relation to the conditions of this clause 24 will be for the account of the Supplier/Service Provider. of 11 Transnet General Bid Conditions 25 PRICE AND DELIVERY BASIS FOR GOODS 25.1 Unless otherwise specified in the Bid Documents, the prices quoted for Goods must be on a Delivered Duty Paid [latest ICC Incoterms] price basis in accordance with the terms and at the delivery point or points specified in Transnet's Bid Documents. Bids for supply on any other basis of delivery are liable to disqualification. The lead time for delivery stated by the Respondent must be inclusive of all non- working days or holidays, and of periods occupied in stocktaking or in effecting repairs to or overhauling plant, which would ordinarily occur within the delivery period given by the Respondent. 25.2 Respondents must furnish their Bid prices in the Price Schedule of the Bid Documents on the following basis, Local Supplies - Prices for Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held in South Africa, to be quoted on a Delivered RSA named destination basis., Imported Supplies - Prices for Goods to be imported from all sources to be quoted on a Delivered Duty Paid [latest ICC Incoterms] basis, to end destination in South Africa, unless otherwise specified in the Bid Price Schedule. 26 EXPORT LICENCE The award of a Bid for Goods to be imported may be subject to the issue of an export licence in the country of origin or supply. If required, the Supplier/Service Provider’s manufacturer or forwarding agent shall be required to apply for such licence. 27 QUALITY OF MATERIAL Unless otherwise stipulated, the Goods offered shall be NEW i.e. in unused condition, neither second-hand nor reconditioned. 28 DELETION OF ITEMS EXCLUDED FROM BID The Respondent must delete items for which it has not tendered or for which the price has been included elsewhere in its Bid. 29 VALUE-ADDED TAX 29.1 In respect of local supplies, i.e. Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held or already in transit to South Africa, the prices quoted by the Respondent are to be inclusive of VAT which must be shown separately at the standard rate on the Tax Invoice. 29.2 In respect of foreign Services rendered, the invoicing by a South African Service Provider on behalf of its foreign principal rendering such Service represents a Service rendered by the principal; and, the Service Provider’s Tax Invoice(s) for the local portion only [i.e. the "commission" for the Services rendered locally] must show the VAT separately. 30 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT 30.1 Method of Payment, The attention of the Respondent is directed to the Terms and Conditions of Contract which set out the conditions of payment on which Bid price(s) shall be based. of 11 Transnet General Bid Conditions, However, in addition to the aforegoing the Respondent is invited to submit offers based on alternative methods of payment and/or financing proposals., The Respondent is required to give full particulars of the terms that will be applicable to its alternative offer(s) and the financial merits thereof will be evaluated and taken into consideration when the Bid is adjudicated., The Respondent must, therefore, in the first instance, tender strictly in accordance with clause 30.1 (a) above. Failure to comply with clause 30.1 (a) above may preclude a Bid from further consideration. NOTE: The successful Respondent [the Supplier/Service Provider] shall, where applicable, be required to furnish a guarantee covering any advance payments. 30.2 Conditional Discount Respondents offering prices which are subject to a conditional discount applicable for payment within a specific period are to note that the conditional period will be calculated as from the date of receipt by Transnet of the Supplier/Service Provider’s month-end statement reflecting the relevant Tax Invoice(s) for payment purposes, provided the conditions of the order or contract have been fulfilled and the Tax Invoice is correct in all respects as referred to in the contract or order. Incomplete and/or incorrect Tax Invoices shall be returned and the conditional period will be recalculated from the date of receipt of the correct documentation. 31 CONTRACT QUANTITIES AND DELIVERY REQUIREMENTS 31.1 Contract Quantities, It must be clearly understood that although Transnet does not bind itself to purchase a definitive quantity under any contract which may be entered into pursuant to this Bid, the successful Respondent nevertheless undertakes to supply against the contract such quantities as may be ordered against the contract, which orders are posted or delivered by hand or transmitted electronically on or before the expiry date of such contract., It is furthermore a condition that Transnet will not accept liability for any material/stocks specially ordered or carried by the Respondent with a view to meeting the requirements under any such contract., The estimated planned quantities likely to be ordered by Transnet per annum are furnished in relevant section of the Bid Documents. For avoidance of doubt the estimated quantities are estimates and Transnet reserves the right to order only those quantities sufficient for its operational requirements. 31.2 Delivery Period, Period Contracts and Fixed Quantity Requirements It will be a condition of any resulting contract/order that the delivery period embodied therein will be governed by the provisions of the Terms and Conditions of Contract., Progress Reports The Supplier/Service Provider may be required to submit periodical progress reports with regard to the delivery of the Goods/Services., Emergency Demands as and when required of 11 Transnet General Bid Conditions If, due to unforeseen circumstances, supplies of the Goods/Services covered by the Bid are required at short notice for immediate delivery, the Supplier/Service Provider will be given first right of refusal for such business. If it is unable to meet the desired critical delivery period, Transnet reserves the right to purchase such supplies as may be required to meet the emergency outside the contract if immediate delivery can be offered from any other source. The TotalorPartialFailuretoPerformtheScopeofSupply section in the Terms and Conditions of Contract will not be applicable in these circumstances. 32 PLANS, DRAWINGS, DIAGRAMS, SPECIFICATIONS AND DOCUMENTS 32.1 Copyright Copyright in plans, drawings, diagrams, specifications and documents compiled by the Supplier/Service Provider for the purpose of contract work shall be governed by the Intellectual Property Rights section in the Terms and Conditions of Contract. 32.2 Drawings and specifications In addition to what may be stated in any Bid Document, the Respondent should note that, unless notified to the contrary by Transnet or a designated official by means of an official amendment to the Bid Documents, it is required to tender for Goods/Services strictly in accordance with the drawings and/or specifications supplied by Transnet, notwithstanding that it may be aware that alterations or amendments to such drawings or specifications are contemplated by Transnet. 32.3 Respondent’s drawings Drawings required to be submitted by the Respondent must be furnished before the closing time and date of the Bid. The non-receipt of such drawings by the appointed time may disqualify the Bid. 32.4 Foreign specifications The Respondent quoting for Goods/Services in accordance with foreign specifications, other than British and American standards, is to submit translated copies of such specifications with the Bid. In the event of any departures or variations between the foreign specification(s) quoted in the Bid Documents, full details regarding such departures or variations must be furnished by the Respondent in a covering letter attached to the Bid. Non-compliance with this condition may result in disqualification. 33 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS 33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South African representative or agent to the Secretary of the Acquisition Council or to a designated official of Transnet according to whichever officer is specified in the Bid Documents. 33.2 In the case of a representative or agent, written proof must be submitted to the effect that such representative or agent has been duly authorised to act in that capacity by the principal. Failure to submit such authorisation by the representative or agent shall disqualify the Bid. 33.3 When legally authorised to prepare and submit Bids on behalf of their principals not domiciled in the Republic of South Africa, representatives or agents must compile the Bids in the names of such principals and sign them on behalf of the latter. 33.4 South African representatives or agents of a successful foreign Respondent must when so required enter into a formal contract in the name of their principals and must sign such contract on behalf of the latter. In every such case a legal Power of Attorney from their principals must be furnished to of 11 Transnet General Bid Conditions Transnet by the South African representative or agents authorising them to enter into and sign such contract., Such Power of Attorney must comply with Rule 63 (Authentication of documents executed outside the Republic for use within the Republic) of the Uniform Rules of Court: Rules regulating the conduct of the proceedings of the several provincial and local divisions of the Supreme Court of South Africa., The Power of Attorney must be signed by the principal under the same title as used in the Bid Documents., If a Power of Attorney held by the South African representative or agent includes matters of a general nature besides provision for the entering into and signing of a contract with Transnet, a certified copy thereof should be furnished., The Power of Attorney must authorise the South African representative or agent to choose the domiciliumcitandietexecutandi. 33.5 If payment is to be made in South Africa, the foreign Supplier/Service Provider [i.e. the principal, or its South African agent or representative], must notify Transnet in writing whether, for payment by electronic funds transfer [EFT], funds are to be transferred to the credit of the foreign Supplier/Service Provider's account at a bank in South Africa, in which case the name and branch of such bank shall be furnished; or, funds are to be transferred to the credit of its South African agent or representative, in which case the name and branch of such bank shall be furnished. 33.6 The attention of the Respondent is directed to clause 24 above [Securities] regarding the provision of security for the fulfilment of contracts and orders and the manner and form in which such security is to be furnished. 34 DATABASE OF RESTRICTED SUPPLIERS The process of restriction is used to exclude a company/person from conducting future business with Transnet and other organs of state for a specified period. No Bid shall be awarded to a Bidder whose name (or any of its members, directors, partners or trustees) appear on the Register of Tender Defaulters kept by National Treasury, or who have been placed on National Treasury’s List of Restricted Suppliers. Transnet reserves the right to withdraw an award, or cancel a contract concluded with a Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 35 CONFLICT WITH ISSUED RFX DOCUMENT 35.1 Should a conflict arise between these General Bid Conditions and the issued RFX document, the conditions stated in the RFX document shall prevail. oooOOOooo of 11

3 submitting of bid documents

After the closing date of a Bid (i.e. during the evaluation period) the Respondent may only communicate with

27 quality of material ....................................................................................................................... 8

25 price and delivery basis for goods ............................................................................................. 8 31 contract quantities and delivery requirements ...................................................................... 9

23 respondent's samples

Power of Attorney from their principals must be furnished to

Power of Attorney must comply with Rule 63 (Authentication of documents executed

Power of Attorney must be signed by the principal under the same title as used in the Bid

Power of Attorney held by the South African representative or agent includes matters of a

Power of Attorney must authorise the South African representative or agent to choose the

submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other

schedules / documents may result in disqualification.

12 defaults by respondents

14 prices subject to confirmation

34 database of restricted suppliers

8 clarification before the closing date

{"briefingSession":"{"date":null,"time":null,"venue":"ION ............................................................................ ERROR! BOOKMARK NOT DEFINED.","is_compulsory":false}"}

{"name":null,"email":"[email protected]","phone":"012 842 6735","department":"ies”;","address":"ERSON Cheyeza Muhlarhi"}

Returnable Documents: TRANSNET ENGINEERING an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] [Registration No. 1990/000900/30] REQUEST FOR PROPOSAL [RFP] [SERVICES] SUPPLY, AND DELIVERY OF DENTAL ACCESSORIES TO TRANSNET ENGINEERING – SALT RIVER COACHES BUSINESS FOR THE PHELOPHEPA 1 AND PHELOPHEPA 2 TRAINS AS A ONCE-OFF REQUIREMENT. RFP NUMBER TE/2026/05/1905/6116/RFP ISSUE DATE: AS PER E-TENDER PORTAL CLOSING DATE: AS PER E-TENDER PORTAL CLOSING TIME: AS PER E-TENDER PORTAL BID VALIDITY PERIOD: 180 Business Days from Closing Date SUBMISSION TO: Transnet e-tender submission portal – see SBD 1 for details https://esupplierportal.transnet.net _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 SCHEDULE OF BID DOCUMENTS Section No Page SECTION 1: SBD1 FORM ................................................................................................................................... 3 SECTION 2 : NOTICE TO BIDDERS .................................................................................................................... 6 1 INVITATION TO BID ................................................................................................................................. 6 2 FORMAL BRIEFING ................................................................................................................................... 7 3 PROPOSAL SUBMISSION ........................................................................................................................... 7 4 RFP INSTRUCTIONS ................................................................................................................................. 7 5 JOINT VENTURES OR CONSORTIUMS ................................................ ERROR! BOOKMARK NOT DEFINED. 6 COMMUNICATION ............................................................................ ERROR! BOOKMARK NOT DEFINED. 7 CONFIDENTIALITY ..................................................................................................................................10 8 COMPLIANCE ..........................................................................................................................................10 9 EMPLOYMENT EQUITY ACT ......................................................................................................................10 10 DISCLAIMERS .........................................................................................................................................10 11 LEGAL REVIEW .......................................................................................................................................11 12 SECURITY CLEARANCE ............................................................................................................................11 13 NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE ...................... ERROR! BOOKMARK NOT DEFINED. 14 TAX COMPLIANCE ............................................................................ ERROR! BOOKMARK NOT DEFINED. SECTION 3: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS ............................................................13 SECTION 4: PRICING AND DELIVERY SCHEDULE ...............................................................................................26 SECTION 5: PROPOSAL FORM AND LIST OF RETURNABLE DOCUMENTS ..............................................................43 SECTION 6: CERTIFICATE OF ACQUAINTANCE WITH RFP, MASTER AGREEMENT & APPLICABLE DOCUMENTS .......48 SECTION 7: RFP DECLARATION AND BREACH OF LAW FORM .............................................................................49 SECTION 8: RFP CLARIFICATION REQUEST FORM .............................................................................................53 SECTION 9 : SPECIFIC GOALS POINTS CLAIM FORM ....................................................................................................54 SECTION 10 : PROTECTION OF PERSONAL INFORMATION ................................................................................60 RFP ANNEXURES: ANNEXURE A - NON-DISCLOSURE AGREEMENT ANNEXURE B - MASTER AGREEMENT ANNEXURE C - TRANSNET’S SUPPLIER INTEGRITY PACT ANNEXURE D - TRANSNET’S GENERAL BID CONDITIONS ANNEXURE E - ANNEXURE E - NATIONAL RAILWAY SAFETY REGULATOR ACT, _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 SUPPLY, AND DELIVERY OF DENTAL ACCESSORIES TO TRANSNET ENGINEERING – SALT RIVER COACHES BUSINESS FOR THE PHELOPHEPA 1 AND PHELOPHEPA 2 TRAINS AS A ONCE-OFF REQUIREMENT. SECTION 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET ENGINEERING, A DIVISION TRANSNET SOC LTD AS PER E- AS PER E- AS PER E- ISSUE TENDER CLOSING TENDER CLOSING TENDER BID NUMBER: TE/2026/05/1905/6116/RFP DATE: PORTAL DATE: PORTAL TIME: PORTAL SUPPLY, AND DELIVERY OF DENTAL ACCESSORIES TO TRANSNET ENGINEERING – SALT RIVER COACHES BUSINESS FOR THE PHELOPHEPA 1 AND PHELOPHEPA 2 TRAINS AS A ONCE-OFF REQUIREMENT. [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED FOR PURPOSES OF COMPLIANCE WITH THE B-BBEE ACT] 2 ARE YOU A FOREIGN BASED Yes No 1 ARE YOU THE ACCREDITED Yes No SUPPLIER FOR THE REPRESENTATIVE IN SOUTH AFRICA FOR GOODS /SERVICES [IF YES, ANSWERTHE GOODS /SERVICES /WORKS OFFERED? [IF YES ENCLOSE PROOF] /WORKS OFFERED? QUESTIONAIRE BELOW ] QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING, TAX COMPLIANCE REQUIREMENTS 1.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 1.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 1.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 1.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 1.5 IN BIDS WHERE UNINCORPORATED CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 1.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 DATE: _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 SECTION 2: NOTICE TO BIDDERS 1 INVITATION TO BID Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies, close corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder]. DESCRIPTION SUPPLY, AND DELIVERY OF DENTAL ACCESSORIES TO TRANSNET ENGINEERING – SALT RIVER COACHES BUSINESS FOR THE PHELOPHEPA 1 AND PHELOPHEPA 2 TRAINS AS A ONCE-OFF REQUIREMENT. TENDER ADVERT All Transnet tenders are advertised on the Transnet website. Should one of these media (i.e. Transnet website) not be available, bidders are advised to check on the other media for advertised tenders. RFP DOWNLOADING This RFP may be downloaded directly from National Treasury’s e-Tender Publication Portal at www.etenders.gov.za free of charge. To download RFP and Annexures, Click on “Tender Opportunities”;, Select “Advertised Tenders”;, In the “Department” box, select Transnet SOC Ltd. Once the tender has been in the list, click on the ‘Tender documents” tab and process to download all uploaded documents. The RFP may also be downloaded from the Transnet Portal at https://esupplierportal.transnet.net COMMUNICATION Transnet will publish the outcome of this RFP on the National Treasury e-tender portal and Transnet website with 10 days after the award has been finalised. All unsuccessful bidders have a right to request for reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form. Any addenda to the RFP or clarifications will be published on the e-tender portal and Transnet website. Bidders are required to check the e-tender portal or Transnet website prior to finalising their bid submissions for any changes or clarifications to the RFP. Transnet will not be held liable if Bidders do not receive the latest information regarding this RFP with the possible consequence of either being disadvantaged or disqualified as a result thereof. BRIEFING SESSION Not applicable CLOSING DATE AS PER E-TENDER PORTAL Bidders must ensure that bids are uploaded timeously onto the system. Generally, if a bid is late, it will not be accepted for consideration. Respondents are to submit bid documents by uploading them onto the Transnet system against each tender selected. A Bidder can upload 30mb per upload and multiple uploads are permitted. Bidders should ensure that electronic bid submissions are submitted at least a day before the closing date and bidders should not wait for the last hour before the deadline to submit. This is to enable them to timeously address issues which they may encounter due to internet speed, bandwidth or the size of the number _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 of uploads being submitted. Transnet will not be held liable for any challenges experienced by bidders as a result of their own technical challenges. NB! In accordance with Section 217 of the Constitution, the Preferential Procurement Policy Framework Act (PPPFA), the Preferential Procurement Regulations, the Public Finance Management Act (PFMA), and applicable National Treasury Instructions, each bidder is strictly permitted to submit only one proposal or offer per bid invitation, unless expressly stated otherwise in the bid documents. VALIDITY PERIOD 180 Business Days from Closing Date Bidders are to note that they may be requested to extend the validity period of their bid, at the same terms and conditions, if the internal evaluation process has not been finalised within the validity period. However, once the adjudication body has approved the process and award of the business to the successful bidder(s), the validity of the successful bidder(s)’ bid will be deemed to remain valid until a final contract has been concluded. Should a bidder fail to respond to a request for extension of the validity period before it expires, that bidder will be excluded from tender process. With regard to the validity period of next highest ranked bidders, please refer to Section 2, paragraph 11.10 Any additional information or clarification will be published on the e-Tender portal and Transnet website, if necessary. 2 FORMAL BRIEFING Not applicable 3 PROPOSAL SUBMISSION Transnet has implemented a new electronic tender submission system, the e-Tender Submission Portal, in line with the overall Transnet digitalization strategy where suppliers can view advertised tenders, register their information, log their intent to respond to bids and upload their bid proposals/responses on to the system. The Transnet e-Tender Submission Portal can be accessed as follows, Log on to the Transnet eTenders management platform website/ Portal (https://esupplierportal.transnet.net), Click on “ADVERTISED TENDERS” to view advertised tenders;, Click on “SIGN IN/REGISTER –to register new bidder information and ensure that all mandatory information is completed) OR;, to sign in if already registered;, Toggle (click to switch) the “Log an Intent” button to submit a bid;, Submit bid documents by uploading them into the system against each tender selected., Respondents are to submit bid documents by uploading them onto the Transnet system against each tender selected. A Bidder can upload 30mb per upload and multiple uploads are permitted., Bidders should ensure that electronic bid submissions are submitted at least a day before the closing date and bidders should not wait for the last hour before the deadline to submit. This is to enable them to timeously address issues which they may encounter due to internet speed, bandwidth or the size of the number of uploads being submitted. Transnet will not be held liable for any challenges experienced by bidders as a result of their own technical challenges. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61, No late submissions will be accepted. The bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net, Each company must register its own profile using its company details and use the corresponding registered profile to log an intent to bid as well as submitting any bid., Transnet will not accept a bid or will disqualify a bidder who submits a bid in the Transnet e-tender submission through another bidders’/Company’s profile. In other words, each bidder must register the intent to bid and submit its bid through its own profile under the same company name that will eventually bid for the tender. No company shall submit a bid on behalf of another company regardless of the company being a subsidiary or holding company., In case of a Joint Venture, any of the parties/companies to the Joint Venture may use its registered profile to submit a bid on behalf of the Joint Venture., A detailed bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net 4 CONDITIONS OF CONTRACT 4.1 Where Transnet has identified opportunities of economic transformation and empowerment, Transnet will incorporate a contractual obligation for the winning bidder to execute the identified transformation objective as a condition of contract. 4.2 The successful bidder(s) will be required to meet the requirements of any condition stated in this section. Failure to meet any of the conditions, may result in the contract not being concluded between Transnet and the successful bidder. 5 RFP INSTRUCTIONS 5.1 Please sign documents [sign, stamp and date the bottom of each page] before uploading them on the system. The person or persons signing the submission must be legally authorised by the respondent to do so. 5.2 All returnable documents tabled in the Proposal Form [Section 5] must be returned with proposals. 5.3 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be offers. Any exceptions to this statement must be clearly and specifically indicated. 5.4 Any additional conditions must be embodied in an accompanying letter. Subject only to clause 15 [Alterations made by the Respondent to Bid Prices] of the General Bid Conditions, paragraph 12 below (Legal Review) and Section 6 of the RFP, alterations, additions or deletions must not be made by the Respondent to the actual RFP documents. 6 JOINT VENTURES OR CONSORTIUMS 6.1 Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE entities, must state their intention to do so in their RFP submission. Such Respondents must also submit a signed JV or consortium agreement between the parties clearly stating the percentage [%] split of business and the associated responsibilities of each party. If at the time of the bid submission such a JV or consortium agreement has not been concluded, the partners must submit confirmation in writing of their intention to enter into a JV or consortium agreement should they be awarded business by Transnet _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 through this RFP process. This written confirmation must clearly indicate the percentage [%] split of business and the responsibilities of each party. In such cases, award of business will only take place once a signed copy of a JV or consortium agreement is submitted to Transnet. 6.2 Respondents are to note that for the purpose of Evaluation, a JV will be evaluated based on one consolidated B-BBEE score card (a consolidated B-BBEE Status Level verification certificate) Preference points will be awarded to a bidder for attaining the specific goals requirements in accordance with the table indicated in Section 4.1 of the specific goals Claim Form. 7 COMMUNICATION (CLARIFICATIONS AND COMPLAINTS) 7.1 For specific clarification relating to this RFP, an RFP Clarification Request Form should be submitted to [Cheyeza Muhlarhi], email: [email protected] before 12:00 PM on 17 August 2026, substantially in the form set out in Section 8 hereto. In the interest of fairness and transparency, Transnet’s response to such a query will be published on the e-tender portal and Transnet website. 7.2 Specific complaints relating to this RFP before or after the closing date should be formally submitted by emailing to [email protected]. Once the complaint has been submitted, the Transnet SCM Complaints office will acknowledge your complaint and send you a complaint form for completion. 7.3 After the closing date of the RFP, a Respondent may only communicate with Nomvula Mathane, the Transnet Engineering Divisional Bid Adjudication Committee (TEDBAC) Secretariat, at telephone number012 749 1514, email [email protected] on any matter relating to its RFP Proposal. 7.4 Respondents are to note that changes to its submission will not be considered after the closing date. 7.5 It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or employee of Transnet in respect of this RFP between the closing date and the date of the award of the business. 7.6 Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business with organs of state for a specified period. 7.7 Transnet will publish the outcome of this RFP in the National Treasury e-tender portal and Transnet website with 10 days after the award has been finalised. Respondents are required to check the National Treasury e-tender Portal and Transnet website for the results of the tender process. All unsuccessful bidders have a right to request Transnet to furnish reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 8 CONFIDENTIALITY All information related to this RFP is to be treated with strict confidence. In this regard Respondents are required to certify that they have acquainted themselves with the Non-Disclosure Agreement. All information related to a subsequent contract, both during and after completion thereof, will be treated with strict confidence. Should the need however arise to divulge any information related to this RFP or the subsequent contract, written approval must be obtained from Transnet. of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the outcome of the tender has been published the outcome of the bid process on the National Treasury e- tender Portal and Transnet website. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods at their quoted price. 11.11 Request a bidder to furnish further information relating to its Environmental, Social and Governance (ESG) standing at any stage of the procurement or contracting process. This information may not be used for purposes of evaluation and/or disqualify bidder but may be use for purpose of record and analysis of ESG compliance. 11.12 Where sub-contracting is applied in a tender, conduct due diligence assessment on the sub-contractor(s) and this may entail requesting the bidder to provide further information relating to the sub-contractor(s) or directly requesting the information from the sub-contractor(s) as well as conducting any necessary investigations on the sub-contractor(s) to detect issues of “FRONTING”. Note that Transnet will not reimburse any Respondent for any preparatory costs or other work performed in connection with its Proposal, whether or not the Respondent is awarded a contract. Allbiddersarerequiredtoquoteonallitems;failuretodosowillresultindisqualification. The bidder must submit a valid South African Health Products Regulatory Authority (SAHPRA) Establishment Licence issued in the bidder's company name. The submission must include supportinginformationreflectingthelicencenumber,companyregistrationnumber,licensedsite address,applicablelicencecategory,andassociatedpricing. ThesubmittedEstablishmentLicencewillbeverifiedagainsttheofficialSAHPRAlicenceregister. FailuretosubmitavalidandverifiableSAHPRAEstablishmentLicence,togetherwiththerequired supportinginformation,mayresultinthebidbeingdeemed non-responsiveandexcludedfrom furtherevaluation. Note that Transnet will not reimburse any Respondent for any preparatory costs or other work performed in connection with its Proposal, whether or not the Respondent is awarded a contract. 12 LEGAL REVIEW A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. A material deviation from the Standard terms or conditions could result in disqualification. 13 SECURITY CLEARANCE Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the Goods/Services and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 TRANSNET URGES ITS CLIENTS, SUPPLIERS AND THE GENERAL PUBLIC TO REPORT ANY FRAUD OR CORRUPTION TO _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 SECTION 3: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS ITEM WEIGHT:(113.4 GRAMS), SET;DENTAL EXCAVATORS,PHELOPHEPA SET; TYPE: DENTAL EXCAVATORS, APPLICATION: PHELOPHEPA; ARE MAINLY USED FOR THE REMOVAL OF THE TOOTH DEBRIS AND DECAYED DENTIN FROM THE TOOTH CAVITIES. USUALLY, THE PAIRED INSTRUMENTS ARE USED FOR THE PURPOSE OF EXCAVATION OF THE TOOTH. THEY ARE FURTHER CATEGORISED BY THEIR SIZES: THE SMALL SPOON EXCAVATION TOOL HAS A 095854685 DIAMETER OF 1 MM, THIS INSTRUMENTS 80 IS CHIEFLY USED IN SMALLER TOOTH CAVITIES AND FOR THE CLEANING THE ENAMEL. AS THIS IS A FRAGILE INSTRUMENT, A LOW FORCE IS USED WHILE EXCAVATING TO PREVENT DAMAGES. THE DIAMETER OF THE OTHER SPOONS IS ABOUT 1.5MM. THIS IS CHIEFLY USED FOR REMOVING SOFT CARIES FROM LARGER CAVITIES. MIXED RESTORATIVE MA TERIAL CAN BE PUSHED IN THE CAVITY USING THE ROUNDED SURFACE EXCAVATOR SET; DENTAL EXPLORERS, PHELOPHEPA SET;TYPE: DENTAL EXPLORERS, APPLICATION: PHELOPHEPA; 095854686 80 COLOR SILVER MATERIAL: STAINLESS STEEL MODEL NUMBER: DENTAL EXPLORER TRAY;DENTAL INSTRMNT,PLASTIC TRAY; TYPE: DENTAL INSTRUMENT, MATERIAL: PLASTIC; DENTAL INSTRUMENT TRAYS. . USED FOR PUTTING VARIOUS DENTAL TREAMENT MATERIALS ON DIFFERENT COMPARTMENTS. 095854687 2. EASY AND CONVENIENT TO USE 80, AUTOCLAVABLE UP TO 135 4.SIZE: 34024520MM 5.PROFESSIONAL DESIGN FOR DENTAL APPLICATION ONLY . FIT 10 USUAL INSTRUMENT (MIRROR, PROBE, TWEEZERS, EXCAVATOR, PERIO PROBE ETC) , 10 HOLE FOR BUR OR ENDO AND 4 CONTAINER 6. AUTOCLAVABLE UP TO 135 o C STAINLESS STEEL USAGE/APPLICATION CLINICAL _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 SIZES 9 X 6 X 1 INCH FINISH TYPE MIRROR FINISH PRODUCT DESCRIPTION FEATURES: PORTABLE ECONOMICAL AVAILABLE IN DIFFERENT SIZES EASY TO MAINTAIN BEST QUALITY STAINLESS STEEL FINE SHAPE 4 MIRROR FINISH. DEVICE;BALL BURNISHER,PHELOPHEPA DEVICE; TYPE: BALL BURNISHER, APPLICATION: PHELOPHEPA; BALL BURNISHER. 095854688 60 BALL BURNISHER IS A DOUBLE-ENDED (2.1 MM # 1.3 MM) DENTAL INSTRUMENT USED TO CONDENSE, SMOOTH, CARVE AND POLISH RESTORATION CEMENT,SS SPATULA; TYPE: CEMENT, MATERIAL: STAINLESS STEEL; - USAGE/APPLICATION HOSPITAL 095854689 -TYPE SURGICAL EQUIPMENT -FEATURE UNIQUE 80 FINISH AND APPEAL PACKAGING TYPE BOX, LENGTH 6-7 INCH DEVICE;INTERPROSIMAL CARVER,PHELOPHEPA DEVICE; TYPE: INTERPROSIMAL CARVER, APPLICATION: PHELOPHEPA; -TNCVIPC XTS, 095854690 SMOOTH SATIN STEEL -CVIPC 41 ROUND 80, CVIPC6 6 SATIN STEEL ,CVIPC7 7 SATIN STEEL COLOURS -CVIPC8 8 RESINEIGHT, TNCVIPC XTS, SMOOTH SATIN STEEL DEVICE;DYCAL INSTRUMENT,PHELOPHEPA DEVICE; TYPE: DYCAL INSTRUMENT, APPLICATION: PHELOPHEPA; CALCIUM HYDROXIDE OR GLASS IONOMER BASE/LINER PLACEMENT INSTRUMENT. PREVENTS PRICKING OR SCRATCHING 095854691 80 SENSITIVE TISSUE DURING THE PLACEMENT OF CROWNS OR OTHER DENTAL FIXTURES ALSO USEFUL AS A SMALL BURNISHER. SKU - HANDLE PICH - 41 ROUND PICH6 - 6 SATIN STEEL PICH8 - 8 RESINEIGHT DEVICE; TYPE: CONDENSER, APPLICATION: PHELOPHEPA; ALSO KNOWN AS A PLUGGER, IS A DENTAL INSTRUMENT WITH A FLAT WORKING END 095854798 DESIGNED TO PACK RESTORATIVE MATERIAL INTO 80 CAVITY PREPARATIONS.THEY ARE OFTEN TEFLON BRAND NAME COATED TO PREVENT STICKING AND DISCOLOURATION OF RESTORATIVE MATERIAL DEVICE;FILLING INSTRUMENT,PHELOPHEPA DEVICE; TYPE: FILLING INSTRUMENT, APPLICATION: PHELOPHEPA; PACKAGE DIMENSIONS: 6.93 X 1.46 X 0.28 INCHES (17.6 X 3.7 X 0.7 CM); 0.6 3 OUNCES (17.86 GRAMS); 095854799 80 ITEM MODEL NUMBER: DENTAL PLASTIC FILLING 755-2; DATE FIRST AVAILABLE: AUGUST 12, 2016; MANUFACTURER: SUPERIOR INSTRUMENTS; ASIN: B01K9TJPJS; BRAND NAME: SUPERIOR (SIMILAR OR EQUIVALENT); COLOR: SILVER; _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 MATERIAL: STAINLESS STEEL; MODEL NUMBER: DENTAL PLASTIC FILLING 755-2; NUMBER OF ITEMS: 1; PART NUMBER: DENTAL PLASTIC FILLING 755-2; UNSPSC CODE: 41000000 SPOON;TYPE: EXCAVATOR, DIMENSIONS: DIA 90.72 MM, MATERIAL: STAINLESS STEEL, SPECIFICATION: SURGICAL; PACKAGE DIMENSIONS: 7.5 X 1.7 095854800 80 5 X 0.5 INCHES (19.1 X 4.4 X 1.3 CM); 3.2 OUNCES (90.72 GRAMS); UPC: 755015152014; MANUFACTURER: ND SURGICAL INDUSTRIES; ASIN: B00F KMP6ZW DESCRIPTION KIT; TYPE: COMPOSITE FILLING, APPLICATION: PHELOPHEPA; PREMIUM GERMAN STAINLESS STEEL DENTAL COMPOSITE NON-STICK FILLING INSTRUMENTS KIT.THE SET CONTAINS 6 PIECES OF ALL THE REQUIRED SHAPES OF INSTRUMENTS TO RESTORE A TOOTH WITH COMPOSITE OR GLASS IONOMERS;THE 9 MM DIAMETER OF THE HANDLE OFFERS BETTER CONTROL ON INSTRUMENTS WHILE SCULPTING;TITANIUM COATING MAKES THE INSTRUMENTS NONSTICKING SO NO NEED TO USE SEPARATING MEDIUM LIKE SPIRIT OR MONOMER WHILE HANDLING OR SHAPING THE MATERIAL; 095854801 80 THESE INSTRUMENTS HELP THE DENTIST TO INSERT, SCULPT AND CONTOUR DENTAL COMPOSITES WITH COMPLETE EASE. ALL COMPOSITE PLACEMENT INSTRUMENTS ARE AUTOCLAVABLE. HIGHLY POLISHED FINISH FOR AESTHETIC AND CORROSION RESISTANCE HIGH DEGREE OF PRECISION AND FLEXIBILITY WHILE CONDUCTING THE CLINICAL PROCEDURE;ADDITIONAL DETAILS: SPECIFICATIONS FOR THIS ITEM: BRAND NAME: CYNAMED (SIMILAR OR EQUIVALENT); NUMBER OF ITEMS: 1;PART NUMBER: CMP-03; UNSPSC CODE: 42000000 DEVICE; TYPE: MATRIC BAND, APPLICATION: PHELOPHEPA; PACKAGE DIMENSIONS: 4.57 X 2.24 X 095854802 0.83 INCHES (11.6 X 5.7 X 2.1 CM); 1.41 OUNCES 80 (39.97 GRAMS); UPC: 880390606125; MANUFACTURER: MEDTOOL; ASIN: B08RBQ1ND4 RETAINER;MATRIX,SS RETAINER; TYPE: MATRIX, MATERIAL: STAINLESS STEEL; TOFFLEMIRE RETAINER IS AN APPLIANCE USED TO HOLD TEETH SECURE LOCKING MECHANISM AND INSTANT RELEASE 095854803 ENABLE THE TOFFLEMIRE RETAINERS TO TIGHTEN 80 AND RELEASE WITH PRECISE, EFFORTLESS ACTION; EASY INSERTION AND ADJUSTMENT; HANDLES ANY WIDTH BAND; PERMITS ACCURATE TRIMMING OF WIDER BAND FOR SPECIAL ANATOMICAL NEEDS; _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 BRAND: API (SIMILAR OR EQUIVALENT); USAGE/APPLICATION: CLINICAL; CLEANING TYPE: MANUAL; MODEL NAME/NUMBER: API RETAINER TOFFLEMIRE; APPLICATION:PHELOPHEPA DEVICE;TOFFLEMIRE BAND,PHELOPHEPA DEVICE; TYPE: TOFFLEMIRE BAND, APPLICATION: PHELOPHEPA; FOR ADULTS AND FOR CHILDREN; PACKAGE DIMENSIONS: 4.49 X 3 X 0.16 INCHES (11.4 X 7.6 X 0.4 CM); 4.8 OUNCES (136.08 GRAMS); ITEM WEIGHT: 4.8 OUNCES (136.08 GRAMS); MANUFACTURER: 3D DENTAL (SIMILAR OR 095854804 80 EQUIVALENT); ASIN: B01LW1BDZX; COUNTRY OF ORIGIN: CHINA; ITEM MODEL NUMBER: MB15-1D; DATE FIRST AVAILABLE: SEPTEMBER 28, 2016; BRAND NAME: 3D; MODEL NUMBER: MB15-1 D; NUMBER OF ITEMS: 12; PART NUMBER: MB15-1D; UNSPSC CODE: 42140000 DESCRIPTION; MATRIX BANDS SIZE: 1 INCH ;THICKNESS .0015 INCH 0.04MM SADDLE; TYPE: CONTOURED MATRICES, DIMENSIONS: WD 0.050 X THK 0.035 MM, MATERIAL: METAL; SPECIALIZED METAL BANDS USED TO CREATE ANAT 095854026 OMICALLY ACCURATE PROXIMAL CONTACTS AND 80 CONTOURS. THEY HAVE ADISTINCT U-SHAPED SADDLE THAT BRIDGESDEEP GINGIVAL MARGINS AND LARGE GAPS BETTER THAN STANDARD FLAT BANDS. DEVICE;CHEATLE FORCEPS,PHELOPHEPA DEVICE; TYPE: CHEATLE FORCEPS, APPLICATION: 095854805 PHELOPHEPA; MATERIAL: STAINLESS STEEL; 80 SURFACE FINISH: CHROME POLISHED;WEIGHT: IZE/DIMENSION: 6 INCH ATTACHMENT;SUCTION TIP,PHELOPHEPA,MTL 095854027 ATTACHMENT; TYPE: SUCTION TIP, APPLICATION: 40 PHELOPHEPA, MATERIAL: METAL SYRINGE;DENTAL ASPIRATION SYRINGE; TYPE: DENTAL ASPIRATION, VOLUME CAPACITY: BREECH LOADING; DENTAL ASPIRATION SYRINGE; APPLICATION:PHELOPHEPA; 095854806 DENTAL SYRINGE ALSO USED BY DENTISTS FOR THE 100 INJECTION OF AN ANESTHETIC. IT CONSISTS OF A BREECH-LOADING SYRINGE FITTED WITH A SEALED CARTRIDGE CONTAINING ANESTHETIC SOLUTION. WEDGE;PHELOPHEPA,PLASTIC 095854028 40 WEDGE; TYPE: PHELOPHEPA, MATERIAL: PLASTIC 095854029 WEDGE;PHELOPHEPA,WOOD 80 WEDGE; TYPE: PHELOPHEPA, MATERIAL: WOODEN. DEVICE;POLISHING CUP,PHELOPHEPA 095854807 100 DEVICE; TYPE: POLISHING CUP, _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 APPLICATION: PHELOPHEPA; LATEX-FREE WHITE POLISHING CUPS. AVAILABLE AS RA, SCREW BRUSH SURGICAL SCRUB;POLISH,SOFT NYLON BRUSH, SURGICAL SCRUB; 095854828 TYPE: POLISHING, MATERIAL: SOFT NYLON, 100 COLOR: WHITE, SPECIAL FEATURES: PHELOPHEPA; STIFFNESS: BRISTLE; TRIM MM: 5.0; SHANK: RA; DENTAL PROP KIT;COMPOSITE POLISHING,PHELOPHEPA KIT; TYPE: COMPOSITE POLISHING, 095854030 100 APPLICATION: PHELOPHEPA; CONSIST OF:STRIPS; DISCS. GLASS;MIXING SLAB,GLASS,GREEN GLASS; TYPE: MIXING SLAB, 095854829 40 DIMENSIONS: WD 100 X LG 150 X THK 10 MM, MATERIAL: GLASS, COLOR: GREEN; PHELOPHEPA. SPATULA;AGATE,DENTAL,80 MM,PVC SPATULA; TYPE: AGATE, DESIGN TYPE: DENTAL, DIMENSIONS: 80 MM, MATERIAL: POLYVINYL CHLORIDE, SPECIAL FEATURES: PHELOPHEPA; 095854830 20 USAGE/APP. LOCATION: HOSPITAL; BRAND: PSP; (SIMILAR OR EQUIVALENT) TIP DIAMETER: 1 MM CUP;DAPEN DISH,CRYSTAL,VAR,PHELOPHEPA CUP; TYPE: DAPEN DISH, 095854831 MATERIAL: CRYSTAL, COLOR: VARIOUS, 40 SPECIAL FEATURES: PHELOPHEPA; DAPPEN DISH GLASS CRYSTAL CUP GLASSWARE TOOLS 095854031 DISPENSER;COTTON ROLL;PHELOPHEPA 100 DISPENSER; TYPE: COTTON ROLL; PHELOPHEPA DISPENSER;COTTON PALLET;PHELOPHEPA 095854032 20 DISPENSER; TYPE: COTTON PALLET; PHELOPHEPA DEVICE;PEDO/ADULT CHEEK RETRACTOR 095854837 DEVICE; TYPE: PEDO AND ADULT CHEEK RETRACTOR, 20 APPLICATION: PHELOPHEPA DEVICE;LIP RETRACTOR,PHELOPHEPA 095854838 40 DEVICE; TYPE: LIP RETRACTOR, APPLICATION: PHELOPHEPA. BIN;COTTON,PHELOPHEPA 095854033 20 BIN; TYPE: COTTON, APPLICATION: PHELOPHEPA DEVICE;ULTRASONIC BATH,PHELOPHEPA DEVICE; TYPE: ULTRASONIC BATH, APPLICATION: PHELOPHEPA; THIS ULTRASONIC CLEANER FROM OUR OWN HIGH-QUALITY RS PRO BRAND IS THE 095854839 IDEAL.SOLUTION TO DEEP CLEANING, DEGREASING, 4 AND CAN MAKE ALMOST ANYTHING LOOK LIKE NEW; DESIGNED FOR EASY USE, THE TANK CONTAINS A REMOVABLE STAINLESS STEEL BASKET ENABLING YOU TO NOT ONLY REMOVE OBJECTS _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 EASILY BUT ALSO CLEAN THE ULTRASONIC CLEANER AFTER IT HAS BEEN USED; THE ULTRASONIC CLEANING MACHINE BENEFITS FROM A DIGITAL DISPLAY WITH HEATER CONTROL AND CAN BE USED WITH EITHER WATER OR AN INDUSTRIAL CLEANER DEPENDING ON THE CLEANING APPLICATION; BRAND: RS PRO - SIMILAR OR EQUIVALENT TO; FEATURES AND BENEFITS: STAINLESS STEEL TANK HAS RESISTANCE TO WEAR AND A LONG WORK LIFE; TANK CAPACITY: 6.5 L (1.7 GALLONS); DIGITAL TIMER AND HEATER CO NTROL; STAINLESS STEEL BASKET; INDUSTRIAL CONTROL CHIP MICROCONTROLLER; FLEXIBLE CIRCUIT BOARD CONTROL; CE, ROHS, ISO9001; TEMPERATURE TUNABLE FROM 0°C TO 80°C SEALER SURFACE;STERILIZATION POUCH 095854034 SEALER, SURFACE; TYPE: STERILIZATION POUCH, 4 MEDIA FOR WHICH DESIGNED: DENTAL INSTRUMENT, SPECIAL FEATURES: PHELOPHEPA DEVICE;ULTRAVIOLET CHAMBER,PHELOPHEPA DEVICE; TYPE: ULTRAVIOLET CHAMBER, APPLICATION: PHELOPHEPA; OPERATION MODE: 095854860 ELECTRICITY; TYPE OF DENTAL EQUIPMENT: 4 CLEANING & FILLING TEETH EQUIPMENTS; BRAND: UNIKDENT;(SIMILAR OR EQUIVALENT) POWER SUPPLY: AC220V 50HZ SHELVING STORAGE/DISPLAY;DRAWERS,DENTAL SHELVING, STORAGE AND DISPLAY; 095861736 TYPE: DRAWERS, DENTAL INSTRUMENT, 20 DIMENSIONS: 5 TIER, MATERIAL: ACRYLIC, SPECIAL FEATURES: PHELOPHEPA; ORGANIZER COSMETIC JEWELRY CASE SET;FORCEPS,PHELOPHEPA 095854035 SET; TYPE: FORCEPS, 40 APPLICATION: PHELOPHEPA; CONSIST OF: ADULTS AND PEDO FORCEPS DEVICE;COUPLAND ELEVATORS,PHELOPHEPA DEVICE; TYPE: COUPLAND ELEVATORS, APPLICATION: PHELOPHEPA; 1MM ELEVATOR; 2MM ELEVATOR; 3MM ELEVATOR; CONCAVED TIP COUPLAND DENTAL ELEVATORS ARE AVAILABLE IN 095854861 THREE DIFFERENT SIZES; VERY USEFUL ELEVATORS 40 .FOR REMOVING ROOTS OR FOR DRIVING INTO THE PERIODONTAL LIGAMENT TO EXPAND THE BONE SOCKET; ASSIST GREATLY IN PLACEMENT OF THE FORCEPS PRIOR TO TOOTH REMOVAL; THESE ELEVATORS CAN BE USED ON VARIOUS SPECIES DUE TO THEIR TIP SIZE VARIATION 095854862 40 DEVICE;ROOT ELEVATOR,PHELOPHEPA _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 DEVICE; TYPE: ROOT ELEVATOR, APPLICATION:PHELOPHEPA;LEFT , RIGHT AND STRAIGHT; REMOVAL OF ROOT FRAGMENTS; IDEAL FOR ROOT TIP REMOVAL DEVICE;CRYERS,PHELOPHEPA DEVICE; TYPE: CRYERS, APPLICATION: PHELOPHEPA; WARWICK JAMES LEFT AND RIGHT; DESCRIPTION; 095854863 20 FINE DENTAL ELEVATOR HEAD USED TOP LUXATE THE TOOTH; FLAT DENSE HANDLE; MATERIAL: STAINLESS STEEL; POLISHED: YES DEVICE;LUXATORS,PHELOPHEPA DEVICE; TYPE: LUXATORS, APPLICATION: 095854864 60 PHELOPHEPA; MATERIAL: STAINLESS STEEL; POLISHED: YES DEVICE;PERIOSTEAL ELEVATORS,PHELOPHEPA DEVICE; TYPE: PERIOSTEAL ELEVATORS, 095854865 APPLICATION: PHELOPHEPA; FOR REFLECTING 20 MUCOPERIOSTEUM; FEATURING A LARGE FLAT BLADE AND NARROW SHARP BLADE SCISSORS;BAND CUTTING,112.5 MM,STRAIGHT 095854868 SCISSORS; BLADE STYLE: BAND CUTTING, LENGTH: 40 112.5 MM, STROKE: STRAIGHT; PHELOPHEPA SCISSORS;CURVED,112.5 MM;PHELOPHEPA 095854866 40 SCISSORS; BLADE STYLE: CURVED, LENGTH: 112.5 MM; SCISSORS IRIS; PHELOPHEPA SCISSORS;GUM,125 TO 150 MM,CURVED 095854867 SCISSORS; BLADE STYLE: GUM, LENGTH: 125 TO 150 40 MM, MATERIAL: TUNGSTEN CARBIDE, STROKE: CURVED; PHELOPHEPA SCISSORS;SUTURE CUTTING,110 TO 120 MM SCISSORS; BLADE STYLE: SUTURE CUTTING, LENGTH: 110 TO 120 MM; SINGLE NOTCHED BLADE REMOVES THREADS WITH EASE; HIGH-QUALITY, LONG- 095854869 40 LASTING BLADES; PERFECT FOR CUTTING A SINGLE STITCH WITHOUT TEARING THE REST OF YOUR FABRIC; EASY TO GRIP # COMFORTABLE TO USE 11- 12CM; PHELOPHEPA SCISSORS;ANGULATED;PHELOPHEPA SCISSORS; BLADE STYLE: ANGULATED; 095861738 PHELOPHEPA; DENTAL IRIS ANGULATED SCISSOR 40 (S7) CUTTING OF GUMS, SUTURES OR BANDAGES WITH SMOOTH OR TOOTHED/SERRATED BLADES AND POINTED OR BEVELED. HOLDER;NEEDLE,160 MM,PHELOPHEPA HOLDER; TYPE: NEEDLE, DIMENSIONS: 160 MM, 095854873 40 SPECIAL FEATURES: PHELOPHEPA; MANUFACTURED WITH PREMIUM QUALITY HIGH MEDICAL GRADE STAINLESS STEEL THAT IS HIGHLY RESISTANT TO _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 CORROSION; MAYO HEGAR TC 16 CM; THIS IS REUSABLE AND CE CERTIFIED INSTRUMENT; AUTOCLAVE STERLISATION FORCEPS;ARTERY,140 MM,SS,CURVED SERRATED FORCEPS; TYPE: ARTERY, LENGTH: 140 MM, MATERIAL: STAINLESS STEEL, JAW TYPE: CURVED SERRATED, SHAPE: STRAIGHT; KELLY ARTERY 095854870 FORCEPS - STRAIGHT SERRATED JAWS, RING 40 HANDLE, W/RATCHET, STAINLESS STEEL, 5.5" (14CM); ARTERY FORCEPS CURVED: KELLY ARTERY FORCEPS - CURVED SERRATED JAWS, RING HANDLE, W/RATCHET, STAINLESS STEEL, 5.5" (14CM); PHELOPHEPA. FORCEPS;MOSQUITO,177.8 MM,SS 095854871 FORCEPS; TYPE: MOSQUITO, LENGTH: 177.8 MM, 40 MATERIAL: STAINLESS STEEL, POINT: CURVED DELICATE SERRATED EDGE; PHELOPHEPA PLIERS;TISSUE NIPPERS,LG 152.4 MM,SS PLIERS; TYPE: TISSUE NIPPERS, DIMENSIONS: LG 152.4 MM, 095854872 SPECIAL FEATURES: PHELOPHEPA, 20 MATERIAL: STAINLESS STEEL; BONE & TISSUE NIPPERS, PREMIUM HANDLE;SCALPEL,NO 15,STL,PHELOPHEPA HANDLE; 095854875 TYPE: SCALPEL, DIMENSIONS: NO 15, MATERIAL: 40 STEEL, SPECIAL FEATURES: PHELOPHEPA; BP (BARD- PARKER) HANDLES; FOR BLADE NO 15 PLIERS;BONE CUTTING RONGEUR,LG 140 MM PLIERS; TYPE: BONE CUTTING RONGEUR, DIMENSIONS: LG 140 MM, SPECIAL FEATURES: 095854874 PHELOPHEPA, MATERIAL: STEEL; IS USED TO CUT 40 BONE AND TOUGH TISSUES. DELICATE JAW, SLIGHTLY CURVED, BITE: 4X10MM LENGTH: 14CM FULLY CONFORMED TO CE MARKED, ISO 9001, ISO 13485 KIT;SCALPEL BLADES,PHELOPHEPA KIT; TYPE: SCALPEL BLADES, APPLICATION: 095854876 PHELOPHEPA; DISPOSABLE CARBON STEEL SCALPEL 40 BLADES; CONSIST OF: NO.10; NO. 11;NO. 12; NO.12B; NO. 15; NO. 15C SET;SKIN HOOK,SNGL PRONG,PHELOPHEPA SET; 095861739 TYPE: SKIN HOOK, SINGLE PRONG, APPLICATION: 20 PHELOPHEPA, QUANTITY: 1; STAINLESS STEEL 7 INCH SET;SKIN HOOK,DBL PRONG,PHELOPHEPA,QTY:1 095861740 SET; TYPE: SKIN HOOK, DOUBLE PRONG, 20 APPLICATION: PHELOPHEPA, QUANTITY: 1 FORCEPS;TISSUE,155/70 MM,STRAIGHTCURVED FORCEPS; TYPE: TISSUE, LENGTH: 155/70 MM, 095854877 40 MATERIAL: TUNGSTEN CARBIDE, POINT: STRAIGHT AND CURVED; STRAIGHT & CURVED DISSECTION FORCEPS; 1X2 TEETH. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 DEVICE;GINGIVAL RETRACTOR,PHELOPHEPA 095854878 DEVICE; TYPE: GINGIVAL RETRACTOR, APPLICATION: 40 PHELOPHEPA; RIGHT ANGLED MEDICAL INSTRUMENT USED TO RETRACT SOFT TISSUE FLAPS. 4 GREEN ECONOMY / CARBON FOOTPRINT Transnet wishes to have an understanding of your company’s position with regard to environmental commitments, including key environmental characteristics such as waste disposal, recycling and energy conservation. Please submit details of your entity’s policies in this regard. 5 GENERAL SUPPLIER OBLIGATIONS 5.1 The Supplier (s) shall be fully responsible to Transnet for the acts and omissions of persons directly or indirectly employed by them. The Supplier (s) must comply with the requirements stated in this RFP. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 6 EVALUATION METHODOLOGY Transnet will utilise the following methodology and criteria in selecting a preferred Supplier: NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite the process, Transnet reserves the right to conduct the different steps of the evaluation process in parallel. In such instances the evaluation of bidders at any given stage must not be interpreted to mean that bidders have necessarily passed any previous stage(s). 6.1 STEP ONE: Test for Administrative and Substantive Responsiveness The test for administrative responsiveness will include the following: Administrative responsiveness check RFP Reference, Whether the Bid has been lodged on time Section1paragraph3, Whether all Returnable Documents and/or schedules [where applicable] SubmittedonE-tenderportal were completed and returned by the closing date and time, Verify the validity of all returnable documents SubmittedonE-tenderportal, Verify if the Bid document has been duly signed by the authorised respondent Allsections, Whether any general and legislation qualification criteria set by Transnet, Allsections have been met, Whether the Bid contains a priced offer – SubmittedonE-tenderportal Fully completed pricing schedule on the e-tender portal, Whether the Bid materially complies with the scope and/or specification given AllSections _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61 The test for substantive responsiveness to this RFP will include the following: Check for substantive responsiveness RFP Reference

Bid response documents submission

(pleaserefertosection2,paragraph3foradetailedprocessonhowtouploadsubmissions):

https://esupplierportal.transnet.net

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT PERSON Cheyeza Muhlarhi CONTACT PERSON Cheyeza Muhlarhi

Telephone number 012 842 6735 telephone number 012 842 6735

Facsimile number n/a facsimile number n/a

E-MAIL ADDRESS [email protected]

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

Supplier compliance status tax

Compliance unique registration

System pin: central reference number: or

Supplier

Database maaa

B-bbee status level verification tick applicable box] b-bbee status level [tick applicable

Certificate sworn affidavit box]

Yes No

Yes No

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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Supply, and delivery of dental accessories to TRANSNET engineering – salt river coaches

Business for the phelophepa 1 and phelophepa 2 trains as a once-off requirement.

2 executive overview

The selected Supplier/Service provider(s) must share in the mission and business objectives of Transnet. These

mutual goals will be met by meeting contractual requirements and new challenges in an environment of

teamwork, joint participation, flexibility, innovation and open communications. In this spirit of partnership,

Transnet and its Supplier/Service provider(s) will study the current ways they do business to enhance current

practices and support processes and systems. Such a partnership will allow Transnet to reach higher levels of

quality, service and profitability.

Specifically, Transnet seeks to benefit from this partnership in the following ways:

2.1 Transnet must receive reduced cost of acquisition and improved service benefits resulting from the

Supplier/Service provider’s economies of scale and streamlined service processes.

2.2 Transnet must achieve appropriate availability that meets user needs while reducing costs for both

Transnet and the chosen Supplier/Service provider(s).

2.3 Transnet must receive proactive improvements from the Supplier/Service provider with respect to

supply/provision of Goods/Services and related processes.

2.4 Transnet’s overall competitive advantage must be strengthened by the chosen Supplier/Service

provider’s leading-edge technology and service delivery systems.

2.5 Transnet end users must be able to rely on the chosen Supplier/Service provider’s personnel for service

enquiries, recommendations and substitutions.

2.6 Transnet must reduce costs by streamlining its acquisition of Goods/Services, including managed service

processes on a Group basis.

3 scope of requirements

3.1 Transnet intends to procure the following estimated volumes of a once off period:

Item Description of Goods Estimated

Volumes

Dish; kidney, dia 8 in, stldish; type: kidney,

095854024 40 dimensions: dia 8 in, material: steel;

Phelophepa.

Dish; kidney, dia 10 in, stldish; type: kidney,

095854025 40 dimensions: dia 10 in, material: steel;

Phelophepa

Probe;periodontal,stl,phelophepa

Probe; type: periodontal, material: steel, 095854684 80

Application: phelophepa;

10 x 7 x 0.5 Inches (25.4 X 17.8 X 1.4 Cm);

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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supportinginformationreflectingthelicencenumber,companyregistrationnumber,licensedsite

address,applicablelicencecategory,andassociatedpricing.

• Whether the Bid contains a priced offer as prescribed in the pricing SubmittedonE-tenderportal

and delivery schedule

• Fully completed pricing schedule on the e-tender portal
• Whether the Bid materially complies with the scope and/or AllSections

specification given

Transnet intends to award the contract to only 1 bidder, failure of a respondent to quote for all

items issued on the tender will lead to disqualification.

Thetestforadministrativeandsubstantiveresponsiveness[StepOne]mustbepassedfora

Respondent’sproposaltoprogresstoStepTwoforfurtherevaluation

6.2 STEP TWO: Evaluation and Final Weighted Scoring

a) Price and TCO Criteria [Weighted score 80 points]:

Price and Total Cost of Ownership 80

Specific goals - Scorecard 20

Total score: 100

6.3 STEP THREE: Price Negotiations (if applicable)

▪ Respondents are to note that Transnet may not award a contract if the price offered is not market-

related. In this regard, Transnet reserves the right to engage in PTN with the view to achieving a

market-related price or to cancel the tender. Negotiations will be done in a sequential manner i.e.:

o first negotiate with the highest ranked bidder or cancel the bid, should such negotiations

fail,

o negotiate with the 2nd and 3rd ranked bidders (if required) in a sequential manner.

▪ In the event of any Respondent being notified of such short-listed/preferred bidder status, his/her

bid, as well as any subsequent negotiated best and final offers (BAFO), will automatically be deemed

to remain valid during the negotiation period and until the ultimate award of business.

▪ Should Transnet conduct post tender negotiations, Respondents will be requested to provide their

best and final offers to Transnet based on such negotiations. Where a market related price has been

achieved through negotiation, the contract will be awarded to the successful Respondent(s).

6.4 STEP FOUR: Award of business and conclusion of contract

▪ Immediately after approval to award the contract has been received, the successful bidder(s) will

be informed of the acceptance of his/their Bid by way of a Letter of Award. Thereafter the final

contract will be concluded with the successful Respondent(s). where applicable.

▪ Alternatively, acceptance of a letter of award by the Successful Respondent. will constitute the

final contract read together with their RFQ response and the Standard Terms and Conditions. This

will be stated in the letter of award.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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Returnable document

Section 4: pricing and delivery schedule

The successful Respondent [hereinafter referred to as the [Supplier] shall be in full and complete compliance with any and all applicable laws and regulations. 10 EMPLOYMENT EQUITY ACT Respondents must comply with the requirements of the Employment Equity Act applicable to it including (but not limited to) Section 53 of the Employment Equity Act. 11 DISCLAIMERS Respondents are hereby advised that Transnet is not committed to any course of action as a result of its issuance of this RFP and/or its receipt of Proposals. In particular, please note that Transnet reserves the right to: 11.1 modify the RFP’s Goods/Services; 11.2 award a contract in connection with this Proposal at any time after the RFP’s closing date; 11.3 award a contract for only a portion of the proposed Goods/Services which are reflected in the scope of this RFP; 11.4 split the award of the contract between more than one Supplier/Service provider, as may be explicitly articulated in the conditions or objective criteria to this RFP; 11.5 cancel the bid process; 11.6 validate any information submitted by Respondents in response to this bid. This would include, but is not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid, Respondents hereby irrevocably grant the necessary consent to Transnet to do so; 11.7 request audited financial statements or other documentation for the purposes of a due diligence exercise; 11.8 not accept any changes or purported changes by the Respondent to the bid rates after the closing date and/or after the award of the business, unless the contract specifically provided for it; 11.9 to cancel the contract and/request that National Treasury place the Respondent on its Database of Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on the strength of incorrect information furnished by the Respondent or on any other basis recognised in law; 11.10 to award the business to the next ranked bidder, provided that he/she is still prepared to provide the required Goods at the quoted price, should the preferred bidder fail to sign or commence with the contract within a reasonable period after being requested to do so. Under such circumstances, the validity _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TE/2026/05/1905/6116/RFP of 61

Points Allocation: 10 points

B-BBEE Details: ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON Cheyeza Muhlarhi CONTACT PERSON Cheyeza Muhlarhi

Telephone number 012 842 6735 telephone number 012 842 6735

Facsimile number n/a facsimile number n/a

E-MAIL ADDRESS [email protected]

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

Supplier compliance status tax

Compliance unique registration

System pin: central reference number: or

Supplier

Database maaa

B-bbee status level verification tick applicable box] b-bbee status level [tick applicable

Certificate sworn affidavit box]

Yes No

Yes No

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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Returnable document

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED

For purposes of compliance with the b-bbee act]

2 are you a

FOREIGN BASED Yes No

1 are you the accredited

Yes No SUPPLIER FOR THE

Representative in south africa for

Goods /services [if yes, answerthe goods /services /works offered?

[If yes enclose proof] /works offered? Questionaire

Below ]

Questionnaire to bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? yes NO

Does the entity have a branch in the RSA? yes NO

Does the entity have a permanent establishment in the RSA? yes NO

Does the entity have any source of income in the RSA? yes NO

Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance

5.1 Please sign documents [sign, stamp and date the bottom of each page] before uploading them on the

system. The person or persons signing the submission must be legally authorised by the respondent to

do so.

5.2 All returnable documents tabled in the Proposal Form [Section 5] must be returned with

proposals.

5.3 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be

offers. Any exceptions to this statement must be clearly and specifically indicated.

5.4 Any additional conditions must be embodied in an accompanying letter. Subject only to clause 15

[Alterations made by the Respondent to Bid Prices] of the General Bid Conditions, paragraph 12 below

(Legal Review) and Section 6 of the RFP, alterations, additions or deletions must not be made by the

6.1 Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE

entities, must state their intention to do so in their RFP submission. Such Respondents must also submit

a signed JV or consortium agreement between the parties clearly stating the percentage [%] split of

business and the associated responsibilities of each party. If at the time of the bid submission such a JV

or consortium agreement has not been concluded, the partners must submit confirmation in writing of

their intention to enter into a JV or consortium agreement should they be awarded business by Transnet

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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Returnable document

through this RFP process. This written confirmation must clearly indicate the percentage [%] split of

business and the responsibilities of each party. In such cases, award of business will only take place

once a signed copy of a JV or consortium agreement is submitted to Transnet.

6.2 Respondents are to note that for the purpose of Evaluation, a JV will be evaluated based on one

consolidated B-BBEE score card (a consolidated B-BBEE Status Level verification certificate) Preference

points will be awarded to a bidder for attaining the specific goals requirements in accordance with the

table indicated in Section 4.1 of the specific goals Claim Form.

7 communication (clarifications and complaints)

7.1 For specific clarification relating to this RFP, an RFP Clarification Request Form should be submitted to

[Cheyeza Muhlarhi], email: [email protected] before 12:00 PM on 17 August 2026,

substantially in the form set out in Section 8 hereto. In the interest of fairness and transparency,

Transnet’s response to such a query will be published on the e-tender portal and Transnet website.

7.2 Specific complaints relating to this RFP before or after the closing date should be formally submitted by

emailing to [email protected]. Once the complaint has been submitted, the Transnet

of this RFP and/or its receipt of Proposals. In particular, please note that Transnet reserves the right to:

11.1 modify the RFP’s Goods/Services;

11.2 award a contract in connection with this Proposal at any time after the RFP’s closing date;

11.3 award a contract for only a portion of the proposed Goods/Services which are reflected in the scope of

this RFP;

11.4 split the award of the contract between more than one Supplier/Service provider, as may be explicitly

articulated in the conditions or objective criteria to this RFP;

11.5 cancel the bid process;

11.6 validate any information submitted by Respondents in response to this bid. This would include, but is

not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid,

Respondents hereby irrevocably grant the necessary consent to Transnet to do so;

11.7 request audited financial statements or other documentation for the purposes of a due diligence exercise;

11.8 not accept any changes or purported changes by the Respondent to the bid rates after the closing date

and/or after the award of the business, unless the contract specifically provided for it;

11.9 to cancel the contract and/request that National Treasury place the Respondent on its Database of

Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on

the strength of incorrect information furnished by the Respondent or on any other basis recognised in

law;

11.10 to award the business to the next ranked bidder, provided that he/she is still prepared to provide the

required Goods at the quoted price, should the preferred bidder fail to sign or commence with the

contract within a reasonable period after being requested to do so. Under such circumstances, the validity

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TE/2026/05/1905/6116/RFP

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Returnable document

of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the

outcome of the tender has been published the outcome of the bid process on the National Treasury e-

tender Portal and Transnet website. Bidders may therefore be requested to advise whether they would

still be prepared to provide the required Goods at their quoted price.

11.11 Request a bidder to furnish further information relating to its Environmental, Social and Governance

(ESG) standing at any stage of the procurement or contracting process. This information may not be

used for purposes of evaluation and/or disqualify bidder but may be use for purpose of record and

analysis of ESG compliance.

11.12 Where sub-contracting is applied in a tender, conduct due diligence assessment on the sub-contractor(s)

and this may entail requesting the bidder to provide further information relating to the sub-contractor(s)

or directly requesting the information from the sub-contractor(s) as well as conducting any necessary

investigations on the sub-contractor(s) to detect issues of “FRONTING”.

Fine shape 4 mirror finish.

Device;ball burnisher,phelophepa

Device; type: ball burnisher, application:

Phelophepa; ball burnisher. 095854688 60

Ball burnisher is a double-ended (2.1 Mm # 1.3

Mm) dental instrument used to condense,

Device;cheatle forceps,phelophepa

Device; type: cheatle forceps, application:

095854805 phelophepa; material: stainless steel; 80

Surface finish: chrome polished;weight:

Ize/dimension: 6 inch

Attachment;suction tip,phelophepa,mtl

095854027 attachment; type: suction tip, application: 40

Phelophepa, material: metal

Syringe;dental aspiration

Syringe; type: dental aspiration,

Volume capacity: breech loading; dental

Aspiration syringe; application:phelophepa;

095854806 dental syringe also used by dentists for the 100

Location: hospital; brand: psp; (similar or

Equivalent) tip diameter: 1 mm

Cup;dapen dish,crystal,var,phelophepa

Cup; type: dapen dish,

095854831 material: crystal, color: various, 40

Special features: phelophepa; dappen dish

And a long work life; tank capacity: 6.5 L (1.7

Gallons); digital timer and heater co

Ntrol; stainless steel basket; industrial

Control chip microcontroller; flexible

Circuit board control; ce, rohs, iso9001;

Temperature tunable from 0°c to 80°c

Sealer surface;sterilization pouch

095854034 sealer, surface; type: sterilization pouch, 4

Media for which designed: dental

Instrument, special features: phelophepa

Device;ultraviolet chamber,phelophepa

Device; type: ultraviolet chamber,

Application: phelophepa; operation mode:

095854860 electricity; type of dental equipment: 4

Cleaning & filling teeth equipments; brand:

Unikdent;(similar or equivalent) power

Supply: ac220v 50hz

Shelving storage/display;drawers,dental

Shelving, storage and display;

095861736 type: drawers, dental instrument, 20

Dimensions: 5 tier, material: acrylic,

Special features: phelophepa; organizer

Used top luxate the tooth; flat dense

Handle; material: stainless steel;

Polished: yes

Device;luxators,phelophepa

Device; type: luxators, application: 095854864 60

Phelophepa; material: stainless steel;

Polished: yes

Device;periosteal elevators,phelophepa

Device; type: periosteal elevators,

095854865 application: phelophepa; for reflecting 20

Mucoperiosteum; featuring a large flat

Forceps;mosquito,177.8 Mm,ss

095854871 forceps; type: mosquito, length: 177.8 Mm, 40

Material: stainless steel, point: curved

Delicate serrated edge; phelophepa

Pliers;tissue nippers,lg 152.4 Mm,ss pliers;

Type: tissue nippers, dimensions: lg 152.4 Mm,

095854872 special features: phelophepa, 20

Material: stainless steel; bone & tissue

Device;ball burnisher,phelophepa

Device; type: ball burnisher,

Application: phelophepa; ball

Burnisher. Ball burnisher is a double095854688 60 ea

Ended (2.1 Mm # 1.3 Mm) dental

Band for special anatomical needs;

Brand: API (similar or equivalent);

Usage/application: clinical; cleaning

Type: manual; model name/number:

API retainer tofflemire;

Application:phelophepa.

Device;tofflemire band,phelophepa

Device; type: tofflemire band,

Application: phelophepa; for adults

And for children; package

Dimensions: 4.49 X 3 x 0.16 Inches (11.4

X 7.6 X 0.4 Cm); 4.8 Ounces (136.08

Grams); item weight: 4.8 Ounces

(136.08 Grams); manufacturer: 3d

Dental (similar or

095854804 80 ea

Equivalent); asin: b01lw1bdzx;

Country of origin: china; item model

Number: MB15-1D; date first

Available: september 28, 2016; brand

Name: 3d; model number: MB15-1 d;

Number of items: 12; part number:

MB15-1D; unspsc code: 42140000

Description; matrix bands size: 1 inch

;Thickness .0015 Inch 0.04MM

Saddle;contoured matrices,mtl

095854026 saddle; type: contoured matrices, 80 ea

Dimensions: wd 0.050 X thk 0.035 Mm,

Material: metal; phelophepa

Device;cheatle forceps,phelophepa

Device; type: cheatle forceps,

Application: phelophepa; material:095854805 80 ea

Stainless steel; surface finish:

Chrome polished;weight:

Ize/dimension: 6 inch.

Attachment;suction

Tip,phelophepa,mtl attachment; type:095854027 40 ea

Suction tip, application: phelophepa,

Material: metal.

095854806 100 ea syringe;dental aspiration

Respondent’s Signature Date & Company Stamp

{"name":null,"email":null,"phone":null,"department":"ed Nations Global","address":"r transmitted electronically."}

party related to the contract in exchange for an advantage in the bidding process, bid evaluation,

could afford an undue advantage to a particular bidder during the tendering stage, and will further

unfair means and illegal activities during any stage of its bid or during any ensuing contract stage in

the contract in exchange for any advantage in the bidding, evaluation, contracting and

Policy Framework Act which will affect the evaluation of a Bid or where a Bidder has failed to

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

conformity to the defined specifications of the works, goods and services; and

a) has been requested to submit a Bid in response to this Bid invitation;

b) could potentially submit a Bid in response to this Bid invitation, based on their qualifications,

abilities or experience; and

No specific requirements found

B-BBEE Details: n to do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the

Local Content of his Goods or his B-BBEE status and is unable to prove to the satisfaction of

Transnet that:

(i) he made the statement in good faith honestly believing it to be correct; and

(ii) before making such statement he took all reasonable steps to satisfy himself of its

correctness;

g) has submitted false information regarding any other matter required in terms of the

Preferential Procurement Regulations, 2017 issued in terms of the Preferential Procurement

Policy Framework Act which will affect the evaluation of a Bid or where a Bidder has failed to

declare any subcontracting arrangements;

Private & Confidential

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h) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements

and which could not be recovered from the contractor;

i) has litigated against Transnet in bad faith.

7 previous transgressions

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach

of any law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the

Competition Act , which occurred in the last 5 (five) years with any other public sector

undertaking, government department or private sector company

of conduct and reject the use of bribes and other dishonest and unethical conduct.

3.9 The Bidder / Supplier will not instigate third persons to commit offences outlined above or be an

accessory to such offences.

3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Nations Global

Compact (UNGC) in the fields of Human Rights, Labour, Anti-Corruption and the Environment when

undertaking business with Transnet as follows:

a) Human Rights

• Principle 1: Businesses should support and respect the protection of internationally

proclaimed human rights; and

• Principle 2: make sure that they are not complicit in human rights abuses.

b) Labour

• Principle 3: Businesses should uphold the freedom of association and the effective

recognition of the right to collective bargaining;

• Principle 4: the elimination of all forms of forced and compulsory labour;

• Principle 5: the effective abolition of child labour; and

• Principle 6: the elimination of discrimination in respect of employment and occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to environmental

challenges;

• Principle 8: undertake initiatives to promote greater environmental responsibility; and

• Principle 9: encourage the development and diffusion of environmentally friendly

technologies.

d) Anti-Corruption

• Principle 10: Businesses should work against corruption in all its forms, including extortion

and bribery.

10.1 Transnet recognises that trust and good faith are pivotal to its relationship with its Bidders /

Suppliers. When a dispute arises between Transnet and its Bidder / Supplier, the parties should use

their best endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation

in bad faith negates the principles of trust and good faith on which commercial relationships are

based. Accordingly, following a restriction process as mentioned in paragraph 6 above, Transnet

will not do business with a company that litigates against it in bad faith or is involved in any action

that reflects bad faith on its part. Litigation in bad faith includes, but is not limited to the following

instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Transnet employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11 general

11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of

South Africa.

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the law relating to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the bidding processes and will be valid for an

indefinite period unless cancelled by either Party.

11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this

Integrity Pact remains valid.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Transnet employees, Transnet expects its Bidders / Suppliers to report this behaviour

directly to a senior Transnet official / employee or alternatively by using Transnet’s “Tip-Off

Anonymous” hotline number 0800 003 056, whereby your confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact

and shall abide by it. To the best of the Parties’ knowledge and belief, the information provided in this

Integrity Pact is true and correct.

oooOOOooo

Private & Confidential

into question, Transnet may reject the Bidder’s / Supplier’s application from the registration or

bidding process and remove the Bidder / Supplier from its database, if already registered.

5.2 If the Bidder / Supplier has committed a transgression through a violation of paragraph 3, or any

material violation, such as to put its reliability or credibility into question, Transnet may after

following due procedures and at its own discretion also exclude the Bidder / Supplier from future

bidding processes. The imposition and duration of the exclusion will be determined by the severity

of the transgression. The severity will be determined by the circumstances of the case, which will

include amongst others the number of transgressions, the position of the transgressors within the

company hierarchy of the Bidder / Supplier and the amount of the damage. The exclusion will be

imposed for up to a maximum of 10 (ten) years. However, Transnet reserves the right to impose a

longer period of exclusion, depending on the gravity of the misconduct.

5.3 If the Bidder / Supplier can prove that it has restored the damage caused by it and has installed a

suitable corruption prevention system, or taken other remedial measures as the circumstances of

the case may require, Transnet may at its own discretion revoke the exclusion or suspend the

imposed penalty.

6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy

and Procurement Procedures Manual are included herein by way of reference. Below follows a

condensed summary of this restriction procedure.

6.3 On completion of the restriction procedure, Transnet will submit the restricted entity’s details

(including the identity number of the individuals and registration number of the entity) to National

Treasury for placement on National Treasury’s Database of Restricted Suppliers for the specified

period of exclusion. National Treasury will make the final decision on whether to restrict an entity

from doing business with any organ of state for a period not exceeding 10 years and place the entity

concerned on the Database of Restricted Suppliers published on its official website.

6.4 The decision to restrict is based on one of the grounds for restriction. The standard of proof to

commence the restriction process is whether a “primafacie” (i.e. on the face of it) case has been

established.

6.5 Depending on the seriousness of the misconduct and the strategic importance of the Goods/Services,

in addition to restricting a company/person from future business, Transnet may decide to terminate

some or all existing contracts with the company/person as well.

6.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted

company.

6.7 Grounds for restriction include: If any person/Enterprise which has submitted a Bid, concluded a

contract, or, in the capacity of agent or subcontractor, has been associated with such Bid or contract:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt

of Bids;

b) has, after being notified of the acceptance of his Bid, failed or refused to sign a contract when

called upon to do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach

of any law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the

Competition Act , which occurred in the last 5 (five) years with any other public sector

undertaking, government department or private sector company that could justify its exclusion from

its registration on the Bidder’s / Supplier’s database or any bidding process.

7.2 If it is found to be that the Bidder / Supplier made an incorrect statement on this subject, the Bidder

/ Supplier can be rejected from the registration process or removed from the Bidder / Supplier

database, if already registered, for such reason (refer to the Breach of Law Form contained in the

applicable RFX document.)

8.1 Transnet shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract

negotiations without giving any compensation to the Bidder / Supplier. However, the proceedings

with the other Bidders / Suppliers may continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Bidder / Supplier;

c) Recover all sums already paid by Transnet;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Bidder / Supplier, in order to recover the payments, already made by Transnet, along with interest;

e) Cancel all or any other contracts with the Bidder / Supplier;

f) Exclude the Bidder / Supplier from entering into any bid with Transnet and other organs of state in

future for a specified period; and

g) If the Supplier subcontracted a portion of the bid to another person without declaring it to Transnet,

Transnet must penalise the Supplier up to 10% of the value of the contract.

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a Transnet employee / member of Transnet’s Board of Directors in respect of a bid which will be

considered for the bid process, the Bidder / Supplier:

a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration

form; or

b) must notify Transnet immediately in writing once the circumstances has arisen.

9.4 The Bidder / Supplier shall not lend to or borrow any money from or enter into any monetary dealings

or transactions, directly or indirectly, with any committee member or any person involved in the

sourcing process, where this is done, Transnet shall be entitled forthwith to rescind the contract and

all other contracts with the Bidder / Supplier.

10 dispute resolution

10.1 Transnet recognises that trust and good faith are pivotal to its relationship with its Bidders /

their best endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation

in bad faith negates the principles of trust and good faith on which commercial relationships are

based. Accordingly, following a restriction process as mentioned in paragraph 6 above, Transnet

will not do business with a company that litigates against it in bad faith or is involved in any action

that reflects bad faith on its part. Litigation in bad faith includes, but is not limited to the following

instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Transnet employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one

or more Transnet employees, Transnet expects its Bidders / Suppliers to report this behaviour

directly to a senior Transnet official / employee or alternatively by using Transnet’s “Tip-Off

Anonymous” hotline number 0800 003 056, whereby your confidentiality is guaranteed.

{"name":null,"email":null,"phone":null,"department":null,"address":"OLUTION ..................................................................................................................... 28"}

This Agreement is entered into by and between:

Transnet SOC Ltd [Registration Number 1990/000900/30] whose registered address is 138 Ellof Street

Braamfontein Johannesburg, Republic of South Africa [Transnet]

and

.......................... [Registration Number ...............................] whose registered address is

.................................................................................

Now therefore, IT is agreed:

1.1 Transnet hereby appoints the Service Provider to provide, and Transnet undertakes to

accept the supply of Goods / provision of Services provided for herein, as formally agreed

between the Parties and in accordance with the Schedule of Requirements / Work Orders

issued as a schedule to this Agreement; and

1.2 the Service Provider hereby undertakes to provide the Goods/Services provided for herein,

as formally agreed between the Parties and in accordance with the Schedule of

Requirements issued as a schedule to this Agreement.

2 definitions

Where the following words or phrases are used in this Agreement, such words or phrases shall have the

meaning assigned thereto in this clause, except where the context clearly requires otherwise:

2.1 AFSA means the Arbitration Foundation of South Africa;

2.2 Agreement means this Agreement and its associated schedules and/or annexures and/or

appendices, and/or schedules, including the Schedule of Requirements/Work Orders, the technical

specifications for the Goods/Services and such special conditions as shall apply to this Agreement,

together with the General Tender Conditions and any additional provisions in the associated bid

documents tendered by the Service Provider [as agreed, in writing, between the Parties], which

collectively and exclusively govern the provision of Services and provision of ancillary Services by

the Service Provider to Transnet;

2.3 Background Intellectual Property means all Intellectual Property introduced and required by

either Party to give effect to their obligations under this Agreement owned in whole or in part by or

licensed to either Party or their affiliates prior to the Commencement Date or developed after the

Commencement Date otherwise pursuant to this Agreement;

2.4 Business Day(s) means Mondays to Fridays between 07:30 and 16:00, excluding public holidays

as proclaimed in South Africa;

2.5 Commencement Date means ............., notwithstanding the signature date of this Agreement;

2.6 Confidential Information means any information or other data, whether in written, oral, graphic

or in any other form such as in documents, papers, memoranda, correspondence, notebooks,

reports, drawings, diagrams, discs, articles, samples, test results, prototypes, designs, plans,

formulae, patents, or inventor’s certificates, which a Party discloses or provides to the other Party

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[intentionally or unintentionally, or as a result of one Party permitting the representative of the

other Party to visit any of its premises], or which otherwise becomes known to a Party, and which is

not in the public domain and includes, without limiting the generality of the term:

a) information relating to methods of operation, data and plans of the disclosing Party;

b) the contents of this Agreement;

c) private and personal details of employees or clients of the disclosing Party or any other

person where an onus rests on the disclosing Party to maintain the confidentiality of such

information;

d) any information disclosed by either Party and which is clearly marked as being confidential or

secret;

e) information relating to the strategic objectives and planning of the disclosing Party relating to

its existing and planned future business activities;

f) information relating to the past, present and future research and development of the

disclosing Party;

g) information relating to the business activities, business relationships, products, services,

customers, clients and Subcontractors of the disclosing Party where an onus rests on the

disclosing Party to maintain the confidentiality of such information;

h) information contained in the software and associated material and documentation belonging

to the disclosing Party;

i) technical and scientific information, Know-How and trade secrets of a disclosing Party

including inventions, applications and processes;

j) Copyright works;

k) commercial, financial and marketing information;

l) data concerning architecture, demonstrations, tools and techniques, processes, machinery

and equipment of the disclosing Party;

m) plans, designs, concepts, drawings, functional and technical requirements and specifications

of the disclosing Party;

n) information concerning faults or defects in Goods, equipment, hardware or software or the

incidence of such faults or defects; and

o) information concerning the charges, fees and/or costs of the disclosing Party or its

authorised Subcontractors, or their methods, practices or service performance levels actually

achieved;

2.7 Copyright means the right in expressions, procedures, methods of operations or mathematical

concepts, computer program codes, compilations of data or other material, literary works, musical

works, artistic works, sound recordings, broadcasts, program carrying signals, published editions,

photographic works, or cinematographic works of the copyright owner to do or to authorise the

doing of certain acts specified in respect of the different categories of works;

2.8 Data means all data, databases, documents, information, graphics, text or other material in an

electronic or tangible medium which the Parties to this Agreement generate, collect, process, store

or transmit in relation to their business;

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2.9 Designs mean registered Designs and/or Design applications and will include the monopoly right

granted for the protection of an independently created industrial design including designs dictated

essentially by technical or functional considerations as well as topographies of integrated circuits

and integrated circuits;

2.10 Expiry Date means ........................... please note that whatever comes first between

contracted quantity value and validity date contract will expire.

2.11 Foreground Intellectual Property means all Intellectual Property developed by either Party

pursuant to this Agreement;

2.12 ICC Incoterms means the the latest version of commercial trade terms as published by the

International Chamber of Commerce, Paris [ICC], which are otherwise referred to as purchase terms

and which define precisely the responsibilities, costs and risks of the buyer [Transnet] and the

seller [the Supplier]. Incoterms are only applicable to contracts involving the import or export of

Goods from one country to another and for the purpose of this Agreement, if applicable, shall mean

the designated Incoterm as stipulated in Schedule 1 hereto. Further details of the Incoterm

[purchase terms] for this Agreement, if applicable, can be viewed at the International Business

Training website - http://www.i-b-t.net/incoterms.html;

2.13 Intellectual Property means Patents, Designs, Know-How, Copyright and Trade Marks and all

rights having equivalent or similar effect which may exist anywhere in the world and includes all

future additions and improvements to the Intellectual Property;

2.14 Know-How means all Confidential Information of whatever nature relating to the Intellectual

Property and its exploitation as well as all other Confidential Information generally relating to

Transnet’s field of technology, including technical information, processing or manufacturing

techniques, Designs, specifications, formulae, systems, processes, information concerning materials

and marketing and business information in general;

2.15 Parties mean the Parties to this Agreement together with their subsidiaries, divisions, business

units, successors-in-title and assigns;

2.16 Party means either one of these Parties;

2.17 Patents mean registered Patents and Patent applications, once the latter have proceeded to grant,

and includes a right granted for any inventions, products or processes in all fields of technology;

2.18 Permitted Purpose means any activity or process to be undertaken or supervised by a Staff

member of one Party during the term of this Agreement, for which purpose authorised disclosure of

the other Party’s Confidential Information or Intellectual Property is a prerequisite in order to enable

such activity or process to be accomplished;

2.19 Price(s) means the agreed Price(s) for the Goods/Services to be purchased from the

Supplier/Service Provider by Transnet, as detailed in the Schedule of Requirements, issued in

accordance with this Agreement, as amended by mutual agreement between the Parties and in

accordance with the terms and conditions in this Agreement from time to time;

2.20 Purchase Order(s) means official orders issued by an operating division of Transnet to the

Supplier/Service Provider for the supply of Goods or Services;

2.21 Service(s) means supply, and delivery of dental accessories to Transnet Engineering – Salt River

coaches business for the Phelophepa 1 and Phelophepa 2 trains as a once-off requirement., the

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Service(s) provided to Transnet by the Service Provider, pursuant to the Work Order(s) in terms of

this Agreement;

2.22 Service Level Agreement or SLA means the processes, deliverables, key performance indicators

and performance standards relating to the Goods/Services to be provided by the Supplier/Service

Provider;

2.23 Service Provider Materials means all works of authorship, products and materials [including, but

not limited to, data, diagrams, charts, reports, specifications, studies, inventions, software, software

development tools, methodologies, ideas, methods, processes, concepts and techniques] owned by,

or licensed to, the Service Provider prior to the Commencement Date or independently developed by

the Service Provider outside the scope of this Agreement at no expense to Transnet, and used by

the Service Provider in the performance of the Services; Staff means any partner, employee,

agent, consultant, independent associate or contractor, Subcontractor and the staff of such

Subcontractor, or other authorised representative of either Party;

2.24 Schedule of Requirements means Schedule 1 hereto;

2.25 Subcontract means any contract or agreement or proposed contract or agreement between the

Supplier/Service Provider and any third party whereby that third party agrees to provide to the

Supplier the Goods or related Services or any part thereof or material used in the manufacture of

the Goods or any part thereof;

2.26 Subcontractor means the third party with whom the Supplier/Service Provider enters into a

Subcontract;

2.27 Tax Invoice means the document as required by Section 20 of the VAT Act, as may be amended

from time to time;

2.28 Trade Marks mean registered Trade Marks and Trade Mark applications and include any sign or

logo, or combination of signs and/or logos capable of distinguishing the goods or services of one

undertaking from those of another undertaking;

2.29 VAT means Value-Added Tax chargeable in terms of the VAT Act, , as may be amended

from time to time; and

2.30 VAT Act means the Value Added Tax Act, No , as may be amended from time to time.

2.31 Work Order(s) means a detailed scope of work for a Service required by Transnet, including

timeframes, Deliverable, Fees and costs for the supply of the Service to Transnet, which may be

appended to this Agreement from time to time.

3 interpretation

3.1 Clause headings in this Agreement are included for ease of reference only and do not form part of

this Agreement for the purposes of interpretation or for any other purpose. No provision shall be

construed against or interpreted to the disadvantage of either Party hereto by reason of such Party

having or being deemed to have structured or drafted such provision.

3.2 Any term, word or phrase used in this Agreement, other than those defined under the clause

heading “Definitions” shall be given its plain English meaning, and those terms, words, acronyms,

and phrases used in this Agreement will be interpreted in accordance with the generally accepted

meanings accorded thereto.

3.3 A reference to the singular incorporates a reference to the plural and viceversa.

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3.4 A reference to natural persons incorporates a reference to legal persons and viceversa.

3.5 A reference to a particular gender incorporates a reference to the other gender.

4 nature and scope

4.1 This Agreement is an agreement under the terms and conditions of which the Supplier/Service

Provider will arrange for the supply/provision to Transnet of the Goods/Services which meet the

requirements and specifications of Transnet, the delivery of which is controlled by means of

Purchase Orders to be issued by Transnet and executed by the Supplier/Service Provider in

accordance with this Agreement.

4.2 Such Purchase Orders and deliveries to Transnet shall be agreed between the Parties from time to

time, subject to the terms of the Schedule of Requirements/Work Order.

4.3 Each properly executed Purchase Order forms an inseparable part of this Agreement as if it were

fully incorporated into the body of this Agreement.

4.4 During the period of this Agreement, both Parties can make written suggestions for amendments to

the Schedule of Requirements/Work Orders in accordance with procedures set out in clause 362

[AmendmentandChangeControl]. A Party will advise the other Party within 14 [fourteen] Business

Days, or such other period as mutually agreed, whether the amendment is acceptable.

4.5 Insofar as any term, provision or condition in the Schedule of Requirements/Work Order conflicts

with a like term, provision or condition in this Agreement and/or a Purchase Order, the term or

provision or condition in this Master Agreement shall prevail, unless such term or provision or

condition in this Master Agreement has been specifically revoked or amended by mutual written

agreement between the Parties.

4.6 Time will be of the essence and the Supplier/Service Provider will perform its obligations under this

Agreement in accordance with the timeframe(s) [if any] set out in the relevant schedule, save that

the Supplier/Service Provider will not be liable under this clause if it is unable to meet such

obligation within the time required as a direct result of any act or omission by Transnet and it has

used its best endeavours to advise Transnet of such act or omission. In the event of such delay, any

time deadlines detailed in the relevant schedule shall be extended by a period equal to the period of

that delay.

5 authority of parties

5.1 Nothing in this Agreement will constitute or be deemed to constitute a partnership between the

Parties, or constitute or be deemed to constitute the Parties as agents or employees of one another

for any purpose or in any form whatsoever.

5.2 Neither Party shall be entitled to, or have the power or authority to:

a) enter into an agreement in the name of the other; or

b) give any warranty, representation or undertaking on the other's behalf; or

c) create any liability against the other or bind the other’s credit in any way or for any purpose

whatsoever.

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6 duration/term and cancellation

6.1 Notwithstanding the date of signature hereof, the Commencement Date if this Agreement is

.................................... and the duration shall be once off, expiring on ........................,

unless:

a) this Agreement is terminated by either Party in accordance with the provisions incorporated

herein or in any schedules or annexures appended hereto, or otherwise in accordance with

law or equity; or

b) this Agreement is extended at Transnet’s option for a further period to be agreed by the

Parties.

6.2 Notwithstanding clause 239 [Breach and Termination], either Party may cancel this Agreement

without cause by giving 30 [thirty] calendar days prior written notice thereof to the other Party,

provided that in such instance, this Agreement will nevertheless be applicable in respect of all

Purchase Orders which have been placed prior to the date of such cancellation.

7 risk management

7.1 Where Transnet determines appropriate, within 2 weeks from the date of contract signature, the

Parties are to meet to prepare and maintain a contract Risk Register. The Risk Register shall include

a description of the risks and a description of the actions which are to be taken to avoid or reduce

these risks which both Parties shall jointly determne.

7.2 Contract progress meetings shall be held monthly, or unless otherwise agreed between the Parties

in writing. The purposes of these progress meetings shall be to capture the number of late

deliverables against agreed milestones, actual costs against payment plans, performance issues or

concerns, contract requirements not achieved, the status of previous corrective actions and risk

management. Minutes of meetings shall be maintained and signed off between the Parties

throughout the contract period

8 transnet’s obligations

8.1 Transnet undertakes to promptly comply with any reasonable request by the Supplier/Service

Provider for information, including information concerning Transnet's operations and activities, that

relates to the Goods/Services as may be necessary for the Supplier/Service Provider to provide the

Goods/Services, but for no other purpose. However, Transnet's compliance with any request for

information is subject to any internal security rules and requirements and subject to the observance

by the Supplier/Service Provider of its confidentiality obligations under this Agreement.

8.2 The Supplier/Service Provider shall give Transnet reasonable notice of any information it requires.

8.3 Transnet agrees to provide the Supplier/Service Provider or its Personnel such access to and use of

its facilities as is necessary to allow the Supplier/Service Provider to perform its obligations under

this Agreement.

9 general obligations of the supplier/service provider

9.1 The Supplier/Service Provider shall:

a) respond promptly to all complaints and enquiries from Transnet;

b) inform Transnet immediately of any dispute or complaint arising in relation to the storage or

delivery of the Goods;

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c) conduct its business in a professional manner which will reflect positively upon the

Supplier/Service Provider and the Supplier’s/Service Provider’s products/services;

d) keep full records clearly indicating all transactions concluded by the Supplier/Service Provider

relating to the delivery of the Goods/Services and keep such records for at least 5 [five]

years from the date of each such transaction;

e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the

like required under applicable laws for the provision of the Goods/Services and ancillary

Services and the conduct of the business and activities of the Supplier/Service Provider;

f) observe and ensure compliance with all requirements and obligations as set out in the labour

and related legislation of South Africa, including the Occupational Health and Safety Act, , as may be amended from time to time;

g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier

Integrity Pact as agreed to in response to the RFP. The general purpose of the Supplier

Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by following a

system that is fair, transparent and free from any undue influence prior to, during and

subsequent to the currency of the procurement event leading to this Agreement and this

Agreement itself;

h) comply with all applicable environmental legislation and regulations, demonstrate sound

environmental performance and have an environmental management policy which ensures

that its products, including the Goods/Services or ancillary Services are procured, produced,

packaged, delivered and are capable of being used and ultimately disposed of in a way that

is environmentally appropriate; and

i) ensure the validity of all renewable certifications, including but not limited to its B-BBEE

Verification Certificate, throughout the entire term of this Agreement. Should the

Supplier/Service Provider fail to present Transnet with such renewals as they become due,

Transnet shall be entitled, in addition to any other rights and remedies that it may have in

terms of the Agreement, to terminate this Agreement forthwith without any liability and

without prejudice to any claims which Transnet may have for damages against the

Supplier/Service Provider.

9.2 The Supplier/Service Provider acknowledges and agrees that it shall at all times:

a) render the supply of the Goods/Services and ancillary Services (if applicable) and perform all

its duties with honesty and integrity;

b) communicate openly and honestly with Transnet regarding the supply and performance of

the Goods/Services and demonstrate a commitment to effecting the supply and performing

ancillary Services timeously, efficiently and at least to the required standards;

c) endeavour to provide the highest possible standards of service and workmanship, with a

reasonable degree of care and diligence;

d) use its best endeavours and make every diligent effort to meet agreed deadlines;

e) treat its own Staff, as well as all Transnet’s Staff, with fairness and courtesy and respect for

their human rights;

f) practice and promote its own internal policies aimed at prohibiting and preventing unfair

discrimination;

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g) treat all enquiries from Transnet in connection with the supply of the Goods/Services and/or

ancillary Services with courtesy and respond to all enquiries promptly and efficiently. Where

the Supplier/Service Provider is unable to comply with the provisions of this clause, the

Supplier/Service Provider will advise Transnet of the delay and the reasons therefor and will

keep Transnet informed of progress made regarding the enquiry;

h) when requested by Transnet, provide clear and accurate information regarding the

Supplier's/Service Provider’s own policies and procedures, excluding Know-How and other

Confidential Information, except where a non-disclosure undertaking has been entered into

between the Parties;

i) not allow a conflict of interest to develop between its own interests [or the interests of any

of its other customers] and the interests of Transnet;

j) not accept or offer, nor allow, induce or promote the acceptance or offering of any gratuity,

enticement, incentive or gift that could reasonably be regarded as bribery or an attempt to

otherwise exert undue influence over the recipient;

k) not mislead Transnet or its officers, employees and stakeholders, whether by act or

omission;

l) not otherwise act in an unethical manner or do anything which could reasonably be expected

to damage or tarnish Transnet’s reputation or business image;

m) immediately report to Transnet any unethical, fraudulent or otherwise unlawful conduct of

which it becomes aware in connection with Transnet or the supply of Goods/Services or

ancillary Services to Transnet;

n) ensure that at all times, during the currency of this Agreement, it complies with all

obligations and commitments in terms of the provisions of the Income Tax Act, No , the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT,

Pay as You Earn or any other tax. The Supplier/Service Provider shall further ensure Tax

Clearance Compliance, for the duration of this Agreement;

o) not victimise, harass or discriminate against any employee of either Party to this Agreement

or any applicant for employment with either Party to this Agreement due to their gender,

race, disability, age, religious belief, sexual orientation or part-time status. This provision

applies, but is not limited to employment, upgrading, work environment, demotion, transfer,

recruitment, recruitment advertising, termination of employment, rates of pay or other forms

of compensation and selection for training.

p) shall ensure that its employees, agents and Subcontractors will not breach any applicable

discrimination legislation and any amendments and re-enactments thereof.

9.3 In compliance with the National Railway Safety Regulator Act, , as may be amended from

time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be supplied

to Transnet under the terms and conditions of this Agreement, comply fully with the Specifications

as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to railway safety

requirements and/or regulations. Permission for the engagement of a Subcontractor by the Supplier,

as applicable, shall be subject to a review of the capability of the proposed Subcontractor to comply

with the specified railway safety requirements and/or regulations. The Supplier and/or its

Subcontractor shall grant Transnet access, during the term of this Agreement, to review any safety-

related activities, including the coordination of such activities across all parts of its organisation.

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10 service provider’s personnel

10.1 The Service Provider’s Personnel shall be regarded at all times as employees, agents or

Subcontractors of the Service Provider and no relationship of employer and employee shall arise

between Transnet and any Service Provider Personnel under any circumstances regardless of the

degree of supervision that may be exercised over the Personnel by Transnet.

10.2 The Service Provider warrants that all its Personnel will be entitled to work in South Africa or any

other country in which the Services are to be performed.

10.3 The Service Provider will ensure that its Personnel comply with all reasonable requirements made

known to the Service Provider by Transnet concerning conduct at any Transnet premises or any

other premises upon which the Services are to be performed [including but not limited to security

regulations, policy standards and codes of practice and health and safety requirements]. The

Service Provider will ensure that such Personnel at all times act in a lawful and proper manner in

accordance with these requirements.

10.4 Transnet reserves the right to refuse to admit or to remove from any premises occupied by or on

behalf of it, any Service Provider Personnel whose admission or presence would, in the reasonable

opinion of Transnet, be undesirable or who represents a threat to confidentiality or security or

whose presence would be in breach of any rules and regulations governing Transnet's Personnel,

provided that Transnet notifies the Service Provider of any such refusal [with reasons why]. The

reasonable exclusion of any such individual from such premises shall not relieve the Service Provider

from the performance of its obligations under this Agreement.

10.5 The Service Provider agrees to use all reasonable endeavours to ensure the continuity of its

Personnel assigned to perform the Services. If any re-assignment by the Service Provider of those

Personnel is necessary, or if Transnet advises that any such Personnel assigned are in any respect

unsatisfactory, including where any such Personnel are, or are expected to be or have been absent

for any period, then the Service Provider will promptly supply a replacement of equivalent calibre

and experience, and any such replacement shall be approved by Transnet prior to commencing

provision of the Services, such approval not to be unreasonably withheld or delayed.

11 subcontracting

11.1 The Supplier/Service Provider may only enter into a subcontracting arrangement or replace a

subcontractor with the approval of Transnet.

11.2 If the Supplier/Service Provider subcontracts a portion of the contract to another person without

declaring it to Transnet reserves the right to penalise the Supplier/Service Provider up to 10% of the

value of the contract.

11.3 Where the Supplier/Service Provider seeks to replace a subcontractor Transnet shall be entitled to

obtain representations or input from the initial subcontractor who was part of the tender process

whose credentials were used in the Supplier/Service Provider’s tender submission. Transnet shall

consider input from all parties concerned, in order to take a decision on the proposed replacement of

the subcontractor. The subcontracting arrangement or contract remains between the Supplier/Service

Provider (main contractor) and the subcontractor.

11.4 Should Transnet approve the Supplier’s/Service Provider’s subcontracting arrangement, the

Supplier/Service Provider and not the Sub-contractor will at all times be held liable for performance in

terms of its contractual obligations.

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11.5 The Supplier/Service Provider may not subcontract in such a manner that the the overall value of the

contract is reduced to below the stipulated minimum threshold.

11.6 The Supplier/Service Provider may not subcontract more than 25% of the value of the contract to any

other enterprise that does not have an equal or higher B-BBEE status level of contributor than the

Supplier/Service Provider, unless the contract is subcontracted to an Exempted Micro Enterprise

(EME) that has the capability and ability to execute the Subcontract.

12 payment to sub-contractors

12.1 Transnet reserves the right, in its sole discretion, to make payment directly to the sub-contractor of

the Supplier/Service Provider, subject to the following conditions:

a) Receipt of an undisputed invoice from the sub-contractor; and

b) Receipt of written confirmation from the Supplier/Service Provider that the amounts claimed

by the sub-contractor are correct and that the services for which the sub-contractor has

requested payment were rendered to the satisfaction of the Supplier/Service Provider,

against the required standards.

12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or

legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any

right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its sub-

contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet alone.

12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement,

including all services rendered by the sub-contractor.

12.4 This clause does not establish any contractual relationship between Transnet and any sub-contractor

of the Supplier/Service Provider, whatsoever.

13 b-bbee and socio-economic obligations

13.1 B-BBEE Scorecard

a) Transnet fully endorses and supports the Broad-Based Black Economic Empowerment

Programme and is strongly of the opinion that all South African business enterprises have an

equal obligation to redress the imbalances of the past.

b) In response to this requirement, the Supplier/Service Provider shall submit to Transnet’s

Contract Manager or such other designated person details of its B-BBEE status in terms of

the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof at the

beginning of March each year during the currency of this Agreement.

c) The Supplier/Service Provider undertakes to notify and provide full details to Transnet in the

event there is:

(i) a change in the Supplier’s/Service Provider’s B-BBEE status which is less than what it

was at the time of its appointment including the impact thereof; and

(ii) a corporate or internal restructure or change in control of the Supplier/Service

Provider which has or likely to impact negatively on the Supplier’s/ Service Provider’s

B-BBEE status.

d) Notwithstanding any other reporting requirement in terms hereof, the Supplier Service

Provider undertakes to provide any B-BBEE data (underlying data relating to the Supplier

/Service Provider which has been relied upon or utilised by a verification agency or auditor

for the purposes of issuing a verification certificate in respect of the Supplier/Service Provider

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B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar

days of such request. A failure to provide such data shall constitute a Supplier/ Service

Provider Default and may be dealt with in accordance with the provisions of clause 239.

e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then the

provisions of clause 239 shall apply.

13.2 Green Economy/Carbon Footprint

a) The Supplier/Service Provider has in its bid provided Transnet with an understanding of the

Supplier’s/Service Provider’s position with regard to issues such as waste disposal, recycling

and energy conservation.

14 penalties

14.1 Penalties for Non-compliance to Service Level Agreement

Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and

accepted milestone timelines and provided that the cause of the delay was not due to a fault of

Transnet, penalties shall be imposed at as setforth in the Schedule 1- Schedule of Requirements.

14.2 Non-compliance penalties for subcontracting

a) Breach of subcontracting obligations provides Transnet cause to terminate the contract in

certain cases where there is a material Non-compliance.

b) If the Supplier/Service Provider fails to achieve its subcontracting commitments as per their

bid submission (“a Non-Compliance”), the Supplier/Service Provider shall pay a Non-

Compliance penalty (“Non-compliance Penalty”) to Transnet in respect of such Non-

compliance.

c) Such penalty shall be calculated based on the difference in value between the committed

and delivered subcontracting value (i.e. 100% of the undelivered subcontracting value) plus

an additional 10% (ten per cent) of such difference.

Non-compliance Penalty Certificate:

d) If any Non-compliance Penalty arises, the Supplier Development Manager shall issue a Non-

compliance Penalty Certificate 90 business days before the expiry of the contract indicating

the Non-compliance Penalties which have accrued during that period.

e) A Non-compliance Penalty Certificate shall be prima facie proof of the matters to which it

relates. If the Supplier/Service Provider disputes any of the amounts set out in a Non-

compliance Penalty Certificate:

• the dispute shall be resolved in accordance with the provisions of the Agreement; and
• if pursuant to that referral, it is determined that the Supplier/Service Provider owes any

amount to Transnet pursuant to the Non-compliance Penalty Certificate, then the

Supplier/Service Provider shall pay such amount to Transnet within 10 (ten) Business

Days of the determination made pursuant to such determination and an accompanying

valid Tax Invoice.

Payment of Non-compliance Penalties:

f) Subject to Clause (e) above, the Supplier/Service Provider shall pay the Non-compliance

Penalty indicated in the Non-compliance Penalty Certificate within 10 (ten) Business Days of

Transnet issuing a valid Tax Invoice to the Supplier/Service Provider for the amount set out

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in that certificate. If Transnet does not issue a valid Tax Invoice to the Supplier/Service

Provider for Non-compliance Penalties accrued during any relevant period, those Non-

compliance Penalties shall be carried forward to the next period.

g) The Supplier/Service Provider shall pay the amount due within 10 (ten) days after receipt of

a valid Tax Invoice from Transnet, failing which Transnet shall, without prejudice to any

other rights of Transnet under this Agreement, be entitled to call for payment which may be

in any form Transnet deems reasonable and/or appropriate.

h) Should the Supplier/Service Provider fail to pay any Non Compliance Penalties within the

time indicated above (as applicable), Transnet shall be entitled to deduct (set off) the

amount not paid by the Supplier/Service Provider from the account of the Supplier/Service

Provider in the ensuing month.

i) The Non Compliance Penalties set forth in this Clause are stated exclusive of VAT. Any VAT

payable on Non Compliance Penalties will be for the account of the Supplier/Service Provider.

15 fees and expenses relating to services

15.1 In consideration of the provision of the Services, Transnet will pay to the Service Provider the Fees

detailed in the relevant schedule or Work Order.

15.2 Transnet will not be invoiced for materials used in the provision of the Services save for those

materials [if any] set out in the Work Order and accepted by Transnet or in any relevant Work

Order [which will be invoiced to Transnet at cost].

15.3 Unless otherwise agreed in a schedule or Work Order, Transnet will reimburse to the Service

Provider all reasonable and proper expenses incurred directly and solely in connection with the

provision of the Services, provided that all such expenses:

a) are agreed by Transnet in advance;

b) are incurred in accordance with Transnet’s standard travel and expenses policies;

c) are passed on to Transnet at cost with no administration fee; and

d) will only be reimbursed if supported by relevant receipts.

15.4 All Tax Invoices relating to Fees, out of pocket expenses and, if applicable, travel and

accommodation costs, will provide the detail for each of the Personnel carrying out the Services and

incurring the expenses, and the Tax Invoice will, where appropriate, include VAT as a separate

item.

16 invoices and payment

16.1 Transnet shall pay the Supplier/Service Provider the amounts stipulated in each Purchase

Order/Work Order, subject to the terms and conditions of this Agreement.

16.2 Transnet shall pay such amounts to the Supplier/Service Provider upon receipt of a valid and

undisputed Tax Invoice together with the supporting documentation, as specified in the Schedule

of Requirements appended hereto, once the valid and undisputed Tax Invoices or such portions of

the Tax Invoices which are valid and undisputed become due and payable to the Supplier/Service

Provider for the delivery of the Goods/Services ordered, in terms of clause 16.5 below.

16.3 Transnet may, pending an investigation, withhold any payments to the Supplier/Service Provider,

in the case where irregular expenditure has been identified in the particular contract and that

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there is reasonable suspicion that the Supplier/Service Provider is involved or was aware that the

contract transgressed any legislation.

16.4 All Prices set out in this Agreement and the Schedule of Requirements hereto are to be indicated

inclusive and exclusive of VAT, which will be payable at the applicable rate in ZAR.

16.5 Unless otherwise provided for in the Schedule of Requirements appended to this Agreement, Tax

Invoices shall be submitted together with a month-end statement. Payment against such month-

end statement shall be made by Transnet within 30 [thirty] calendar days after date of receipt by

Transnet of the Supplier’s/Service Provider’s statement together with the relevant valid and

undisputed Tax Invoice(s) and supporting documentation.

16.6 Where the payment of any Tax Invoice, or any part of a Tax Invoice which is not in dispute, is not

made in accordance with this clause, the Supplier/Service Provider shall be entitled to charge

interest on the outstanding amount, at The Standard Bank of South Africa’s prime rate of interest

in force, for the period from the due date of payment until the outstanding amount is paid.

16.7 The Supplier/Service Provider shall remain the owner of all plant, material, machinery, equipment

and the like [collectively, the Supplier’s Goods] provided to Transnet until Transnet has paid in

full for the Supplier’s Goods, it being specifically agreed that Transnet shall acquire no rights

[including liens] of whatsoever nature in such Supplier’s Goods until date of final payment by

Transnet. Subject to the aforegoing, all risk and benefit to the Supplier’s Goods shall pass from

the Supplier to Transnet on delivery of the Supplier’s Goods by the Supplier to Transnet.

17 price adjustments

17.1 Prices for Goods/Services supplied in terms of this Agreement shall be subject to review as

indicated in the Schedule of Requirements/Works Order annexed hereto.

17.2 No less than 2 [two] months prior to any proposed Price adjustment, the Parties shall commence

negotiations for Prices for the next period or as otherwise indicated in Schedule 1 hereto. The

Parties shall have regard for market-related pricing of equivalent goods, continuous improvement

initiatives, costs [including labour, raw materials and transport/delivery], order size and frequency

and changes to the specification of the Goods/Services.

17.3 Pursuant to clause 17.2 above, the Supplier/Service Provider shall keep full and accurate records

of all costs associated with the supply of the Goods/Services to Transnet, in a form to be

approved in writing by Transnet. The Supplier/Service Provider shall produce such records to

Transnet for inspection at all reasonable times on request and such records may, at Transnet's

option, be audited by Transnet or its designated representatives.

17.4 Should Transnet and the Supplier/Service Provider fail to reach an agreement on Price for the

successive period, either Party shall be entitled to submit this matter to dispute resolution in

accordance with the [Dispute Resolution] clause.

17.5 If during the period of this Agreement Transnet can purchase similar Goods/Services of a like

quality from another supplier at a total delivered cost to a Transnet facility that is lower than the

total delivered cost of the Goods/Services purchased hereunder from the Supplier/Service

Provider, Transnet may notify the Supplier/Service Provider of such total delivered cost and the

Supplier/Service Provider shall have an opportunity to adjust the Price of the Goods/Services

purchased hereunder, on such a basis as to result in the same total delivered cost to Transnet,

within 30 [thirty] calendar days of such notice. If the Supplier/Service Provider fails to do so or

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cannot legally do so, Transnet may (i) purchase the Goods/Services from such other supplier in

which case the obligations, including, but not limited to, any purchase and sale requirements

and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be

reduced accordingly; (ii) terminate this Agreement without any penalty, liability or further

obligation; or (iii) continue purchases under this Agreement.

17.6 If during the period of this Agreement the Supplier/Service Provider sells any materials which are

the same as, equivalent to, or substantially similar to the Goods/Services herein, at a total

delivered cost to a third party lower than the total delivered cost to a Transnet facility, then the

Supplier/Service Provider has an opportunity to adjust its Price for the Goods/Services purchased

hereunder within 30 [thirty] calendar days so that the Price is the same or lower than the total

delivered cost of such third party. If the Supplier/Service Provider fails to do so or cannot legally

do so, Transnet may (i) purchase the Goods/Services from any other such supplier, in which case

the obligations, including, but not limited to, any purchase and sale requirements and/or

commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced

accordingly; or (ii) terminate this Agreement without any penalty, liability or further obligation.

Within 30 [thirty] calendar days of the Commencement Date of this Agreement or at any time

Transnet so requests, the Supplier/Service Provider shall certify in writing to Transnet that it is in

compliance with this clause and shall provide all information that Transnet reasonably requests in

order to verify such compliance.

18 warranties applicable to services

18.1 The Service Provider warrants to Transnet that:

a) it has full capacity and authority to enter into and to perform this Agreement and that this

Agreement is executed by a duly authorised representatives of the Service Provider;

b) it will discharge its obligations under this Agreement and any annexure, appendix or

schedule hereto with all due skill, care and diligence;

c) it will be solely responsible for the payment of remuneration and associated benefits, if any,

of its Personnel and for withholding and remitting income tax for its Personnel in

conformance with any applicable laws and regulations;

d) it will procure licences for Transnet in respect of all Third Party Material detailed in the Work

Order(s), and will procure the right for Transnet to take such copies [in whole or in part] of

such Third Party Materials as it may reasonably require for the purposes of back-up for

archiving and disaster recovery; and

e) the use or possession by Transnet of any Materials will not subject Transnet to any claim for

infringement of any Intellectual Property Rights of any third party.

18.2 The Service Provider warrants that it will perform its obligations under this Agreement in accordance

with the Service Levels as defined in the relevant schedule. Transnet may at its discretion audit

compliance with the Service Levels, provided that any such audit is carried out with reasonable prior

notice and in a reasonable way so as not to have an adverse effect on the performance of the

Services. Without prejudice to clause 18.3 below, in the event that the Service Provider fails to meet

the Service Levels, Transnet may claim appropriate service credits or invoke a retention of Fees as

detailed in the relevant schedule and/or Work Order.

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18.3 The Service Provider warrants that for a period of 90 [ninety] calendar days from Acceptance of the

Deliverables they will, if properly used, conform in all material respects with the requirements set

out in the relevant schedule. The Service Provider will at its expense remedy any such non-

conformance as soon as possible but in any event within 30 [thirty] calendar days of notification by

Transnet. In the event that the Service Provider fails or is unable to remedy such non-conformance

within such time-scale, Transnet will be entitled to employ a third party to do so in place of the

Service Provider and any excess charges or costs incurred by Transnet as a result shall be paid by

the Service Provider.

18.4 The Service Provider will remedy any defect within 30 [thirty] calendar days of being notified of that

defect by Transnet in writing.

18.5 The Service Provider will not be liable to remedy any problem arising from or caused by any

modification made by Transnet to the Deliverables, or any part thereof, without the prior approval

of the Service Provider.

18.6 The Service Provider shall advise Transnet of the effects of any steps proposed by Transnet

pursuant to clause 18.5 above, including but not limited to any cost implications or any disruption or

delay in the performance of the Services. The Parties agree that any changes to the Services,

including the charges for the Services or any timetables for delivery of the Services, will be agreed

in accordance with the change control procedure, as set out in the [Amendment and Change

Control]clause.

18.7 The Service Provider warrants that:

a) it has, using the most up-to-date software available, tested for [and deleted] all commonly

known viruses in the Materials and for all viruses known by the Service Provider at the date

of the relevant Work Order; and

b) at the time of delivery to Transnet, the Materials do not contain any trojan horse, worm,

logic bomb, time bomb, back door, trap door, keys or other harmful components.

The Service Provider agrees that, in the event that a virus is found, it will at its own expense use its

best endeavours to assist Transnet in reducing the effect of the virus and, particularly in the event

that a virus causes loss of operational efficiency or loss of data, to assist Transnet to the same

extent to mitigate such losses and to restore Transnet to its original operating efficiency.

18.8 The Service Provider undertakes to comply with South Africa’s general privacy protection in terms of

Section 14 of the Bill of Rights in connection with this Agreement and shall procure that its

Personnel shall observe the provisions of Section 14 [as applicable] or any amendments and re-

enactments thereof and any regulations made pursuant thereto.

18.9 The Service Provider warrants that it has taken all reasonable precautions to ensure that, in the

event of a disaster, the impact of such disaster on the ability of the Service Provider to comply with

its obligations under this Agreement will be reduced to the greatest extent possible, and that the

Service Provider shall ensure that it has appropriate, tested and documented recovery arrangements

in place.

18.10 In compliance with the National Railway Safety Regulator Act, , the Service Provider shall

ensure that the Services, to be supplied to Transnet under the terms and conditions of this

Agreement, comply fully with the specifications as set forth in Schedule 1 hereto, and shall thereby

adhere [as applicable] to railway safety requirements and/or regulations. Permission for the

engagement of a Subcontractor by the Service Provider [as applicable] shall be subject to a review

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of the capability of the proposed Subcontractor to comply with the specified railway safety

requirements and/or regulations. The Service Provider and/or its Subcontractor shall grant Transnet

access, during the term of this Agreement, to review any safety-related activities, including the

coordination of such activities across all parts of its organisation.

19 third party indemnity

The Supplier/Service Provider hereby indemnifies and shall hold Transnet harmless against any direct

damages suffered by or claims arising against Transnet in respect of clause 18.2 above.

20 total or partial failure to perform

20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:

a) no manufacturing of the Goods specified in a Purchase Order has commenced and there is

little or no prospect, in Transnet’s opinion, that manufacturing will commence within a

reasonable time; or

b) delivery of any of the Goods is being or is likely to be delayed beyond the promised delivery

date(s), and there is little or no prospect of the Purchase Order(s) being carried out within

reasonable adherence to the promised delivery rate(s) or time(s),

then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as from

a future date specified in such notice the whole or any part of this Agreement or Purchase Order in

respect of which the Goods to be supplied have not been completed by that date, without incurring

any liability by reason of such cancellation except as provided in this clause.

20.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deliver to

Transnet the Goods/Services [if any] already completed, and payment for the part performance

shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential part

of the completed Goods/Services. Where an integral or essential part of the work has not been

completed, the amount to be paid to the Supplier/Service Provider will be calculated on the basis of

Transnet’s enrichment. The Supplier/Service Provider shall, wherever practicable, supply Transnet

with the necessary drawings and/or specifications to enable it to complete the work.

20.3 Whenever, in any case not covered by clause 20.1 above, the Supplier fails or neglects to execute

the work or to deliver any portion of the Goods/Services as required by the terms of this Agreement

or Purchase Order, or if any Goods/Services are rejected on any of the grounds mentioned in the

[Defective Goods] clause, Transnet may cancel this Agreement or Purchase Order in so far as it

relates to the unexecuted work or the undelivered or rejected portion of the Goods/Services, and in

such event, the supply of the remaining portion shall remain subject in all respects to these

conditions.

21 non conformance of goods/services procured

21.1 In the case of Goods/services manufactured for and procured by Transnet from the Supplier/Service

Provider in terms of this Agreement, being found not to conform to the Transnet standards,

specifications and requirements, Transnet at any time may be entitled to raise a Non Conformance

Report (NCR) against a Supplier/Service Provider whose Goods/ Services do not conform to

Transnet standards, specifications and requirements directing the Supplier/Service Provider to

investigate and remedy the non-conformance within the stipulated time frame as may be

determined by Transnet at its discretion.

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21.2 Failure by the Supplier/Service Provider to fully comply with the NCR within the period stated in sub-

cluase 21.1 above, shall entitle Transnet to request further conditions to which the Supplier/ Service

Provider must discharge in order to close the NCR or to terminate the order without giving the

Supplier/Service Provider written notice of termination in terms of this Agreement.

22 rights on cancellation

22.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of the [TotalorPartial

FailuretoPerform] clause, Transnet may execute or complete this Agreement with any other entity

and do so on such terms as it may deem proper, or may procure other comparable Goods/Services

in substitution for those neglected to be manufactured or supplied or rejected as aforesaid, and may

recover from the Supplier the difference between the cost of such Goods/Services and the Price [if

the latter was lower] as well as any costs and expenses [including any additional transport costs]

which Transnet may have had to incur in consequence of the Supplier’s/Service Provider’s default.

22.2 Any amount which may be recoverable from the Supplier/Service Provider in terms of clause 22.1

above, without prejudice to any other legal remedies available to Transnet, may be deducted in

whole or in part from any monies in the hands of Transnet and due for payment to the

Supplier/Service Provider.

23 breach and termination

23.1 Termination in accordance with the [Term and Cancellation] clause, shall not prejudice or affect any

right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all

provisions which are to survive this Agreement or impliedly do so shall remain in force and in effect.

23.2 On termination of this Agreement or a Work Order, the Service Provider will immediately deliver up,

and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and property

belonging to Transnet [or, in the event of termination of a Work Order, such as is relevant to that

Work Order] which may be in the possession of, or under the control of the Service Provider, and

certify to Transnet in writing that this has been done.

23.3 To the extent that any of the Deliverables and property referred to in clause 23.2 above are in

electronic form and contained on non-detachable storage devices, the Service Provider will provide

Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy and

delete copies so held.

23.4 In the event that this Agreement is terminated by the Service Provider under the [Term and

Cancellation] clause, or in the event that a Work Order is terminated by Transnet under clause

Error! Reference source not found.9 [Breach and Consequences of Termination], Transnet will

pay to the Service Provider all outstanding Fees [apportioned on a pro rata basis] relating to the

work undertaken by the Service Provider up until the date of such termination. Transnet will also

pay the costs of any goods and materials ordered by the Service Provider in relation to the such

work for which the Service Provider has paid or is legally obliged to pay, in which case, on delivery

of such goods or materials, the Service Provider will promptly deliver such goods and materials to

Transnet or as it may direct.

23.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to

remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party

[hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies

that it may have in terms of this Agreement, to terminate this Agreement forthwith without any

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liability and without prejudice to any claims which the Aggrieved Party may have for damages

against the Defaulting Party.

23.6 Either Party may terminate this Agreement forthwith by notice in writing to the other Party when

the other Party is unable to pay its debts as they fall due or commits any act or omission which

would be an act of insolvency in terms of the Insolvency Act, [as amended from time to

time], or if any action, application or proceeding is made with regard to it for:

a) a voluntary arrangement or composition or reconstruction of its debts;

b) its winding-up or dissolution;

c) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer;

d) any similar action, application or proceeding in any jurisdiction to which it is subject.

23.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming aware of a

change of control of the Supplier/Service Provider by notice in writing to the Supplier/Service

Provider. For the purposes of this clause, control means the right to direct the affairs of a company

whether by ownership of shares, membership of the board of directors, agreement or otherwise.

23.8 Notwithstanding this clause 23, Transnet may cancel this Agreement without cause by giving 30

[thirty] calendar days prior written notice thereof to the Supplier/Service Provider, or

23.9 The provisions of clauses [Definitions], [Warranties], [Rights on Cancellation], [Confidentiality],

[Limitation of Liability], [Intellectual Property Rights], [Dispute Resolution] and [Governing Law]

shall survive termination or expiry of this Agreement.

24 cession

24.1 Upon written notice to the Supplier/Service Provider, Transnet shall be entitled:

a) to appoint Transnet’s financier of the Goods/Services as first payer under this Agreement,

without transferring the ultimate responsibility for payment which will remain with Transnet;

and

b) to cede, assign and transfer its right, title and interest in the Goods/Services to such

financier as part of the funding consideration for the Goods/Services.

24.2 The Supplier/Service Provider is not entitled to cede, delegate, assign, Subcontract or in any other

manner dispose of any of its rights or obligations in terms of this Agreement without the prior

written consent of Transnet, which consent shall not be withheld or delayed unreasonably.

25 force majeure

25.1 Neither Party shall have any claim against the other Party arising from any failure or delay in the

performance of any obligation of either Party under this Agreement caused by an act of force

majeure such as acts of God, fire, flood, war, lockout, government action, laws or regulations,

terrorism or civil disturbance, defaults or other circumstances or factors beyond the reasonable

control of either Party, and to the extent that the performance of obligations of either Party

hereunder is delayed by virtue of the aforegoing, any period stipulated for any such performance

shall be reasonably extended. Transnet may however rely on strikes, industrial dispute and riots as

a ground of force majeure.

25.2 Each Party will take all reasonable steps by whatever lawful means that are available to resume full

performance as soon as practicable and will seek agreement to modification of the relevant

provisions of this Agreement in order to accommodate the new circumstances caused by the act of

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forcemajeure. If a Party fails to agree with such modifications proposed by the other Party within

90 [ninety] calendar days of the act of force majeure first occurring, either Party may thereafter

terminate this Agreement with immediate notice.

26 protection of personal information

a) The following terms shall bear the same meaning as contemplated in Section 1 of the Protection of

Personal Information Act (“POPIA”):

consent; person; personal information; processing; record; Regulator as well as any terms derived

from these terms of the POPIA

b) Transnet will process all information by the Respondent in terms of the requirements contemplated in

Section 4(1) of the POPIA:

Accountability; Processing limitation; Purpose specification; Further processing limitation; Information

quality; Openness; Security safeguards and Data subject participation.

c) Transnet agrees that in submitting any information or documentation requested in the RFP and in this

Agreement, the Supplier/Service Provider consents to the processing of their personal information for

the purpose of, but not limited to, risk assessment, contract award, contract management, auditing,

legal opinions/litigation, investigations (if applicable), document storage for the legislatively required

period, destruction, de-identification and publishing of personal information by Transnet and/or its

authorised appointed third parties.

d) The Parties agree that they may obtain and have access to personal information for the fulfilment of

the rights and obligations contained herein. In performing the obligations as set out in this Agreement,

the Parties shall at all times ensure that:

i. they process personal information only for the express purpose for which it was obtained;

ii. once processed for the purposes for which it was obtained, all personal information will be

destroyed to an extent that it cannot be reconstructed to its original form, subject to any legal

retention requirements;

iii. Personal information is provided only to authorised personnel who strictly require the personal

information to carry out the Parties’ respective obligations under this Agreement;

iv. they do not disclose personal information of the other Party, other than in terms of this

Agreement;

v. they have all reasonable technical and organisational measures in place to protect all personal

information from unauthorised access and/or use;

vi. they have appropriate technical and organisational measures in place to safeguard the security,

integrity and authenticity of all information in their possession or under their control in terms of

this Agreement;

vii. they identify all reasonably foreseeable internal and external risks to personal information in

their possession or under their control; establish and maintain appropriate safeguards against

the risks identified; regularly verify that the safeguards are effectively implemented; and ensure

that the safeguards are continually updated in response to new risks or deficiencies in previously

implemented safeguards;

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viii. such personal information is protected against unauthorised or unlawful processing, accidental

loss, destruction or damage, alteration, disclosure or access.

26.1 The Parties agree that if personal information will be processed for additional purposes beyond the

original purpose for which it was obtained, explicit consent must be obtained beforehand from those

persons whose information will be subject to such processing.

26.2 Should it be necessary for either Party to disclose or otherwise make available the personal

information to any third party (including sub-contractors and employees) that is not already

consented to, it may do so only with the prior written consent of the other Party. The Party

requiring such consent shall require of all such third parties, appropriate written undertakings to be

provided, containing similar terms to that set forth in this clause, and dealing with that third party's

obligations in respect of its processing of the personal information. Following approval by the other

Party, the Party requiring consent agrees that the provisions of this clause shall mutatis mutandis

apply to all authorised third parties who process personal information.

26.3 The Parties shall ensure that any persons authorized to process information on their behalf

(including employees and third parties) will safeguard the security, integrity and authenticity of all

information. Where necessary to meet this requirement, the Parties shall keep all personal

information and any analyses, profiles, or documents derived therefrom logically separated from all

other information and documentation held by it.

26.4 The Parties shall carry out regular assessments to identify all reasonably foreseeable internal and

external risks to the personal information in its possession or under its control. The Parties shall

implement and maintain appropriate safeguards against the risks which it identifies and shall also

regularly verify that the safeguards which it has in place have been effectively implemented.

26.5 The Parties agree that they will promptly return, destroy or de-identify any personal information in

their possession or control which belongs to the other Party once it no longer serves the purpose for

which it was collected in relation to this Agreement, subject to any legal retention requirements.

This may be at the request of the other Party and includes circumstances where a person has

requested the Parties to delete all instances of their personal information. The information will be

destroyed or de-identified in such a manner that it cannot be reconstructed to its original form,

linking it to any particular individual or organisation.

26.6 Personal Information security breach:

a) Each Party shall notify the other party in writing as soon as possible after it becomes aware of

or suspects any loss, unauthorised access or unlawful use of any personal information and shall,

at its own cost, take all necessary remedial steps to mitigate the extent of the loss or

compromise of personal information and to restore the integrity of the affected personal

information as quickly as is possible. The Parties shall also be required to provide each other

with details of the persons affected by the compromise and the nature and extent of the

compromise, including details of the identity of the unauthorised person who may have

accessed or acquired the personal information.

b) The Parties shall provide on-going updates on the progress in resolving the compromise at

reasonable intervals until such time as the compromise is resolved.

c) Where required, the Parties must notify the South African Police Service; and/or the State

Security Agency and the Information Regulator and the affected persons of the security breach.

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Any such notification shall always include sufficient information to allow the persons to take

protective measures against the potential consequences of the compromise.

d) The Parties undertake to co‐operate in any investigations relating to security which is carried

out by or on behalf of the other including providing any information or material in its possession

or control and implementing new security measures.

27 confidentiality

27.1 The Parties hereby undertake the following with regard to Confidential Information:

a) not to divulge or disclose to any person whomsoever in any form or manner whatsoever,

either directly or indirectly, any Confidential Information of the other without the prior

written consent of such other Party, other than when called upon to do so in accordance

with a statute, or by a court having jurisdiction, or by any other duly authorised and

empowered authority or official, in which event the Party concerned shall do what is

reasonably possible to inform the other of such a demand and each shall assist the other in

seeking appropriate relief or the instituting of a defensive action to protect the Confidential

Information concerned;

b) not to use, exploit, permit the use of, directly or indirectly, or in any other manner

whatsoever apply the Confidential Information disclosed to it as a result of this Agreement,

for any purpose whatsoever other than for the purpose for which it is disclosed or otherwise

than in strict compliance with the provisions in this Agreement;

c) not to make any notes, sketches, drawings, photographs or copies of any kind of any part of

the disclosed Confidential Information without the prior written consent of such other Party,

except when reasonably necessary for the purpose of this Agreement, in which case such

copies shall be regarded as Confidential Information;

d) not to de-compile, disassemble or reverse engineer any composition, compilation, concept

application, item, component de-compilation, including software or hardware disclosed and

shall not analyse any sample provided by Transnet, or otherwise determine the composition

or structure or cause to permit these tasks to be carried out except in the performance of its

obligations pursuant to this Agreement;

e) not to exercise less care to safeguard Transnet Confidential Information than the Party

exercises in safeguarding its own competitive, sensitive or Confidential Information;

f) Confidential Information disclosed by either Party to the other or by either Party to any other

party used by such party in the performance of this Agreement, shall be dealt with as

“restricted” or shall be dealt with according to any other appropriate level of confidentiality

relevant to the nature of the information concerned, agreed between the Parties concerned

and stipulated in writing for such information in such cases;

g) the Parties shall not make or permit to be made by any other person subject to their control,

any public statements or issue press releases or disclose Confidential Information with

regard to any matter related to this Agreement, unless written authorisation to do so has

first been obtained from the Party first disclosing such information;

h) each Party shall be entitled to disclose such aspects of Confidential Information as may be

relevant to one or more technically qualified employees or consultants of the Party who are

required in the course of their duties to receive the Confidential Information for the

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Permitted Purpose provided that the employee or consultant concerned has a legitimate

interest therein, and then only to the extent necessary for the Permitted Purpose, and is

informed by the Party of the confidential nature of the Confidential Information and the

obligations of the confidentiality to which such disclosure is subject and the Party shall

ensure such employees or consultants honour such obligations;

i) each Party shall notify the other Party of the name of each person or entity to whom any

Confidential Information has been disclosed as soon as practicable after such disclosure;

j) each Party shall ensure that any person or entity to which it discloses Confidential

Information shall observe and perform all of the covenants the Party has accepted in this

Agreement as if such person or entity has signed this Agreement. The Party disclosing the

Confidential Information shall be responsible for any breach of the provisions of this

Agreement by such person or entity; and

k) each Party may by written notice to the other Party specify which of the Party’s employees,

officers or agents are required to sign a non-disclosure undertaking.

27.2 The duties and obligations with regard to Confidential Information in this clause 273 shall not apply

where:

a) a Party can demonstrate that such information is already in the public domain or becomes

available to the public through no breach of this Agreement by that Party, or its Staff; or

b) was rightfully in a Party’s possession prior to receipt from the other Party, as proven by the

first-mentioned Party’s written records, without an infringement of an obligation or duty of

confidentiality; or

c) can be proved to have been rightfully received by a Party from a third party without a breach

of a duty or obligation of confidentiality; or

d) is independently developed by a Party as proven by its written records.

27.3 This clause 27 shall survive termination for any reason of this Agreement and shall remain in force

and effect from the Commencement Date of this Agreement and 5 [five] years after the termination

of this Agreement. Upon termination of this Agreement, all documentation furnished to the

Supplier/Service Provider by Transnet pursuant to this Agreement shall be returned to Transnet

including, without limitation, all corporate identity equipment including dyes, blocks, labels,

advertising matter, printing matter and the like.

28 insurances

28.1 Without limiting the liability of the Supplier/Service Provider under this Agreement, the

Supplier/Service Provider shall take out insurance in respect of all risks for which it is prudent for

the Supplier/Service Provider to insure against, including any liability it may have as a result of its

activities under this Agreement for theft, destruction, death or injury to any person and damage to

property. The level of insurance will be kept under review by Transnet, on an annual basis, to

ensure its adequacy, provided that any variation to the level of such insurance shall be entirely at

the discretion of the Supplier/Service Provider.

28.2 The Supplier/Service Provider shall arrange insurance with reputable insurers and will produce to

Transnet evidence of the existence of the policies on an annual basis within 30 [thirty] calendar

days after date of policy renewals.

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28.3 Subject to clause 28.4 below, if the Supplier/Service Provider fails to effect adequate insurance

under this clause 28, it shall notify Transnet in writing as soon as it becomes aware of the reduction

or inadequate cover and Transnet may arrange or purchase such insurance on behalf of the

Supplier/Service Provider. The Supplier/Service Provider shall promptly reimburse Transnet for any

premiums paid provided such insurance protects the Supplier/Service Provider’s liability. Transnet

assumes no responsibility for such insurance being adequate to protect all of the Supplier/Service

Provider’s liability.

28.4 In the event that the Supplier/Service Provider receives written notice from its insurers advising of

the termination of its insurance cover referred to in clause 28.1 above or if the insurance ceases to

be available upon commercially reasonable terms, the Supplier/Service Provider shall immediately

notify Transnet in writing of such termination and/or unavailability, whereafter either the

Supplier/Service Provider or Transnet may terminate this Agreement on giving the other Party not

less than 30 [thirty] calendar days prior written notice to that effect.

29 limitation of liability

29.1 The Supplier/Service Provider’s liability under this clause 295 shall be in addition to any warranty or

condition of any kind, express or implied by law or otherwise, relating to the Goods/Services or

ancillary Services, including the quality of the Goods/Services or ancillary Services or any materials

delivered pursuant to this Agreement.

29.2 Neither Party excludes or limits liability to the other Party for:

a) death or personal injury caused by its negligence, [including its employees’, agents’ or

Subcontractors’ negligence]; or

b) fraud or theft.

29.3 The Supplier/Service Provider shall indemnify and keep Transnet indemnified from and against

liability for damage to any Transnet property [whether tangible or intangible] or any other loss,

costs or damage suffered by Transnet to the extent that it results from any act of or omission by

the Supplier/Service Provider or its Personnel in connection with this Agreement. The

Supplier/Service Provider’s liability arising out of this clause 29.3 shall be limited to direct damages.

29.4 Subject always to clauses 29.1 and 29.2 above, the liability of either the Supplier/Service Provider or

Transnet under or in connection with this Agreement, whether for negligence, misrepresentation,

breach of contract or otherwise, for direct loss or damage arising out of each Default or series of

related Defaults shall not exceed 100% [one hundred per cent] of the Fees paid under the schedule

or Work Order to which the Default(s) relates.

29.5 Subject to clauses 29.1 to 29.4 above, in no event shall either Party be liable to the other for

indirect or consequential loss or damage or including indirect or consequential loss of profits,

business, revenue, goodwill or anticipated savings of an indirect nature or loss or damage incurred

by the other Party as a result of third party claims.

29.6 If for any reason the exclusion of liability in clause 29.5 above is void or unenforceable, either

Party’s total liability for all loss or damage under this Agreement shall be as provided in clause 29.3

above.

29.7 Nothing in this clause 29 shall be taken as limiting the liability of the Parties in respect of clauses

[Confidentiality]and [IntellectualPropertyRights].

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30 intellectual property rights

30.1 Title to Confidential Information

a) Transnet will retain all right, title and interest in and to its Confidential Information and

Background Intellectual Property and the Supplier/Service Provider acknowledges that it has

no claim of any nature in and to the Confidential Information and Background Intellectual

Property that is proprietary to Transnet. For the avoidance of doubt all the Supplier/Service

Provider’s Background Intellectual Property shall remain vested in the Supplier/Service

Provider.

b) Transnet shall grant to the Supplier/Service Provider an irrevocable, royalty free, non-

exclusive licence to use Transnet’s Background Intellectual Property only for the Permitted

Purpose. This licence shall not permit the Supplier/Service Provider to sub-license to other

parties.

c) The Supplier/Service Provider shall grant to Transnet an irrevocable, royalty free, non-

exclusive licence to use the Supplier/Service Provider’s Background Intellectual Property for

the Permitted Purpose. This licence shall not permit Transnet to sub-license to other parties.

d) The Supplier/Service Provider shall grant Transnet access to the Supplier/Service Provider’s

Background Intellectual Property on terms which shall be bonafide negotiated between the

Parties for the purpose of commercially exploiting the Foreground Intellectual Property, to

the extent that such access is required.

e) The above shall not pertain to any software licenses procured by the Supplier/Service

Provider from third parties and used in the supply of the Goods/Services.

30.2 Title to Intellectual Property

a) All right, title and interest in and to Foreground Intellectual Property prepared, conceived or

developed by the Supplier/Service Provider, its researchers, agents and employees shall vest

in Transnet and the Supplier/Service Provider acknowledges that it has no claim of any

nature in and to the Foreground Intellectual Property. The Supplier/Service Provider shall not

at any time during or after the termination or cancellation of this Agreement dispute the

validity or enforceability of such Foreground Intellectual Property, or cause to be done any

act or anything contesting or in any way impairing or tending to impair any part of that right,

title and interest to any of the Foreground Intellectual Property and shall not counsel or

assist any person to do so.

b) Transnet shall be entitled to seek protection in respect of the Foreground Intellectual

Property anywhere in the world as it shall decide in its own absolute discretion and the

Supplier/Service Provider shall reasonably assist Transnet in attaining and maintaining

protection of the Foreground Intellectual Property.

c) Where the Foreground Intellectual Property was created by the Supplier/Service Provider or

its researchers, agents and employees and where Transnet elects not to exercise its option

to seek protection or decides to discontinue the financial support of the prosecution or

maintenance of any such protection, Transnet shall notify the Supplier/Service Provider who

shall have the right of first refusal to file or continue prosecution or maintain any such

applications and to maintain any protection issuing on the Foreground Intellectual Property.

d) No consideration shall be paid by Transnet to the Supplier/Service Provider for the

assignment of any Foreground Intellectual Property from the Supplier/Service Provider to

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Transnet, over and above the sums payable in terms of this Agreement. The Supplier/Service

Provider undertakes to sign all documents and do all things as may be necessary to effect,

record and perfect the assignment of the Foreground Intellectual Property to Transnet.

e) Subject to anything contrary contained in this Agreement and/or the prior written consent of

Transnet [which consent shall not be unreasonably be withheld], the Supplier/Service

Provider shall under no circumstances be entitled as of right, or to claim the right, to use

Transnet’s Background Intellectual Property and/or Foreground Intellectual Property.

30.3 Title to Improvements

Any improvements, developments, adaptations and/or modifications to the Foreground Intellectual

Property, and any and all new inventions or discoveries, based on or resulting from the use of

Transnet’s Background Intellectual Property and/or Confidential Information shall be exclusively

owned by Transnet. The Supplier/Service Provider shall disclose promptly to Transnet all such

improvements, developments, adaptations and/or modifications, inventions or discoveries. The

Supplier/Service Provider hereby undertakes to sign all documents and do all things as may be

necessary to effect, record and perfect the assignment of such improvements, developments,

adaptations and/or modifications, inventions or discoveries to Transnet and the Supplier/Service

Provider shall reasonably assist Transnet in attaining, maintaining or documenting ownership and/or

protection of the improved Foreground Intellectual Property.

30.4 Unauthorised Use of Confidential Information

The Supplier/Service Provider shall not authorise any party to act on or use in any way any

Confidential Information belonging to Transnet whether or not such party is aware of such

Confidential Information, and shall promptly notify Transnet of the information if it becomes aware

of any party so acting, and shall provide Transnet the information with such assistance as Transnet

reasonably requires, at Transnet’s cost and expense, to prevent such third party from so acting.

30.5 Unauthorised Use of Intellectual Property

a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of,

and applications of registrations of Patents, Designs and Trade Marks or any act of

infringement, unfair competition or passing off involving the Intellectual Property of Transnet

of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right,

as its own option, to proceed against any party infringing its Intellectual Property.

b) It shall be within the sole and absolute discretion of Transnet to determine what steps shall

be taken against the infringer and the Supplier/Service Provider shall co-operate fully with

Transnet, at Transnet’s cost, in whatever measure including legal action to bring any

infringement of illegal use to an end.

c) The Supplier/Service Provider shall cooperate to provide Transnet promptly with all relevant

ascertainable facts.

d) If proceedings are commenced by Transnet alone, Transnet shall be responsible for all

expenses but shall be entitled to all damages or other awards arising out of such

proceedings. If proceedings are commenced by both Parties, both Parties will be responsible

for the expenses and both Parties shall be entitled to damages or other awards arising out of

proceedings.

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31 non-waiver

31.1 Failure or neglect by either Party, at any time, to enforce any of the provisions of this Agreement,

shall not in any manner be construed to be a waiver of any of that Party's rights in that regard

and in terms of this Agreement.

31.2 Such failure or neglect shall not in any manner affect the continued, unaltered validity of this

Agreement, or prejudice the right of that Party to institute subsequent action.

32 partial invalidity

If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, or shall be required

to be modified, the validity, legality and enforceability of the remaining provisions shall not be affected

thereby.

No specific requirements found

B-BBEE Details: .......................................................... 8

9 general obligations of the supplier/service provider ........................................................... 8

10 service provider’s personnel .................................................................................................... 11

11 subcontracting........................................................................................................................... 11

12 payment to sub-contractors .................................................................................................... 12

13 b-bbee and socio-economic obligations .................................................................................. 12

14 penalties ...................................................................................................................................... 13

15 fees and expenses relating to services ................................................................................... 14

16 invoices and payment ................................................................................................................. 14

17 price adjustments ....................................................................................................................... 15

18 warranties applicable to services ........................................................................................... 16

19 third party indemnity ................................................................................................................ 18

20 total or partial failure to perform ........................................................................................ 18

21 non conformance of goods/services procured .....................................................

the Goods or any part thereof;

2.26 Subcontractor means the third party with whom the Supplier/Service Provider enters into a

Subcontract;

2.27 Tax Invoice means the document as required by Section 20 of the VAT Act, as may be amended

from time to time;

2.28 Trade Marks mean registered Trade Marks and Trade Mark applications and include any sign or

logo, or combination of signs and/or logos capable of distinguishing the goods or services of one

undertaking from those of another undertaking;

2.29 VAT means Value-Added Tax chargeable in terms of the VAT Act, , as may be amended

from time to time; and

2.30 VAT Act means the Value Added Tax Act, No , as may be amended from time to time.

2.31 Work Order(s) means a detailed scope of work for a Service required by Transnet, including

timeframes, Deliverable, Fees and costs for the supply of the Service to Transnet, which may be

appended to this Agreement from time to time.

6.1 Notwithstanding the date of signature hereof, the Commencement Date if this Agreement is

.................................... and the duration shall be once off, expiring on ........................,

unless:

a) this Agreement is terminated by either Party in accordance with the provisions incorporated

herein or in any schedules or annexures appended hereto, or otherwise in accordance with

law or equity; or

b) this Agreement is extended at Transnet’s option for a further period to be agreed by the

c) conduct its business in a professional manner which will reflect positively upon the

Supplier/Service Provider and the Supplier’s/Service Provider’s products/services;

d) keep full records clearly indicating all transactions concluded by the Supplier/Service Provider

relating to the delivery of the Goods/Services and keep such records for at least 5 [five]

years from the date of each such transaction;

e) obtain, and at all times maintain in full force and effect, any and all licences, permits and the

like required under applicable laws for the provision of the Goods/Services and ancillary

Services and the conduct of the business and activities of the Supplier/Service Provider;

f) observe and ensure compliance with all requirements and obligations as set out in the labour

and related legislation of South Africa, including the Occupational Health and Safety Act, , as may be amended from time to time;

g) observe and ensure compliance with all requirements and objectives of the Transnet Supplier

between Transnet and any Service Provider Personnel under any circumstances regardless of the

degree of supervision that may be exercised over the Personnel by Transnet.

10.2 The Service Provider warrants that all its Personnel will be entitled to work in South Africa or any

other country in which the Services are to be performed.

10.3 The Service Provider will ensure that its Personnel comply with all reasonable requirements made

known to the Service Provider by Transnet concerning conduct at any Transnet premises or any

other premises upon which the Services are to be performed [including but not limited to security

regulations, policy standards and codes of practice and health and safety requirements]. The

there is reasonable suspicion that the Supplier/Service Provider is involved or was aware that the

contract transgressed any legislation.

16.4 All Prices set out in this Agreement and the Schedule of Requirements hereto are to be indicated

inclusive and exclusive of VAT, which will be payable at the applicable rate in ZAR.

16.5 Unless otherwise provided for in the Schedule of Requirements appended to this Agreement, Tax

in place.

18.10 In compliance with the National Railway Safety Regulator Act, , the Service Provider shall

ensure that the Services, to be supplied to Transnet under the terms and conditions of this

Agreement, comply fully with the specifications as set forth in Schedule 1 hereto, and shall thereby

adhere [as applicable] to railway safety requirements and/or regulations. Permission for the

engagement of a Subcontractor by the Service Provider [as applicable] shall be subject to a review

of the capability of the proposed Subcontractor to comply with the specified railway safety

requirements and/or regulations. The Service Provider and/or its Subcontractor shall grant Transnet

access, during the term of this Agreement, to review any safety-related activities, including the

coordination of such activities across all parts of its organisation.

the purpose of, but not limited to, risk assessment, contract award, contract management, auditing,

legal opinions/litigation, investigations (if applicable), document storage for the legislatively required

period, destruction, de-identification and publishing of personal information by Transnet and/or its

authorised appointed third parties.

d) The Parties agree that they may obtain and have access to personal information for the fulfilment of

the rights and obligations contained herein. In performing the obligations as set out in this Agreement,

the Parties shall at all times ensure that:

i. they process personal information only for the express purpose for which it was obtained;

ii. once processed for the purposes for which it was obtained, all personal information will be

destroyed to an extent that it cannot be reconstructed to its original form, subject to any legal

retention requirements;

iii. Personal information is provided only to authorised personnel who strictly require the personal

information to carry out the Parties’ respective obligations under this Agreement;

iv. they do not disclose personal information of the other Party, other than in terms of this

Agreement;

v. they have all reasonable technical and organisational measures in place to protect all personal

information from unauthorised access and/or use;

vi. they have appropriate technical and organisational measures in place to safeguard the security,

integrity and authenticity of all information in their possession or under their control in terms of

this Agreement;

vii. they identify all reasonably foreseeable internal and external risks to personal information in

their possession or under their control; establish and maintain appropriate safeguards against

the risks identified; regularly verify that the safeguards are effectively implemented; and ensure

that the safeguards are continually updated in response to new risks or deficiencies in previously

implemented safeguards;

35.1 The Parties hereby confirm that this Agreement constitutes the whole and only agreement between

them with regard to the subject matter of this Agreement.

35.2 The Parties hereby confirm that this Agreement replaces all other agreements which exist or may

have existed in any form whatsoever between them, with regard to the subject matter dealt with in

this Agreement, any annexures appended hereto and the Schedule of Requirements/Work Order.

(or any of its members, directors, partners or trustees) appear on the Register of Tender Defaulters kept

by National Treasury, or who have been placed on National Treasury’s List of Restricted Suppliers. Transnet

reserves the right to withdraw an award, or cancel a contract concluded with a Bidder should it be

established, at any time, that a bidder has been restricted with National Treasury by another government

institution.

Transnet SOC Ltd

• Address: 49th Floor, Carlton Centre, 150 Commissioner Street, Johannesburg 2001
• Registration No.: 1990/000900/30

• Sign a Non-Disclosure Agreement (NDA) as part of the bid process.
• Ensure all Confidential Information is treated as secret and used solely for bid-related discussions or contract performance.
• Maintain secure storage of all Confidential Information and keep written records of its location and copies.
• Return or destroy all Confidential Information within 7 days upon written demand from Transnet.
• Provide a director-signed certificate confirming compliance with destruction/return requirements if requested.
• Comply with South African privacy protection laws (Section 14 of the Bill of Rights) for data handling.
• Implement technical and organisational measures to prevent unauthorised data processing, loss, or damage.

• Confidentiality: All Confidential Information must be treated as secret and used only for bid-related discussions or contract performance.
• Disclosure Restrictions: Confidential Information may only be shared with Agents (e.g., employees, contractors) who need to know, provided they are bound by confidentiality obligations. The bidder remains liable for their actions.
• Legal Disclosure: Confidential Information may be disclosed if required by law, but the Disclosing Party must be notified promptly, and cooperation is required to manage the disclosure.
• Unauthorised Use: If Confidential Information is misused, the Receiving Party must notify Transnet immediately and take corrective action (including legal proceedings if requested).
• Ownership: All Confidential Information remains the property of the Disclosing Party; no intellectual property rights are transferred.
• Storage and Records: Secure storage of Confidential Information is mandatory. Written records of its location and copies must be maintained and provided upon request.
• Return/Destruction: Upon written demand, all Confidential Information (including copies) must be returned or destroyed within 7 days. A director-signed certificate of compliance may be required.
• Announcements: No public announcements or use of Transnet’s name for marketing purposes without prior written consent.
• Duration: Confidentiality obligations survive bid discussions/negotiations and continue for 5 years.
• Data Protection: Compliance with South African privacy laws (Section 14 of the Bill of Rights) is required. Technical and organisational measures must be in place to protect bid-related data.
• Assignment: The Agreement cannot be assigned without prior written consent, except Transnet may assign it to any Transnet Group member.
• Governing Law: The Agreement is governed by South African law, with exclusive jurisdiction of South African courts.
• Amendments: Any modifications must be in writing and signed by authorised representatives.
• Severability: If any clause is invalid, the remaining provisions remain enforceable.
• No Partnership: The Agreement does not create a partnership, joint venture, or agency relationship.
• Costs: Each party is responsible for its own costs related to the bid and Agreement compliance.