Calibration and servicing of oxygen equipment for phelophepa health trains (36 months, as-and-when-required)

Integrity Pact compliance

• Bidders must sign and comply with Transnet's Supplier Integrity Pact.
• The RFX Declaration Form must certify that the bidder has read and agrees with the Integrity Pact.

Disqualification and restriction risks

• Appearance on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers disqualifies the bidder.
• False declaration of previous transgressions (corruption, fraud, theft, extortion, Competition Act contraventions within 5 years) may result in rejection or removal from Transnet's vendor database.
• Incorrect statements about Local Content or B-BBEE status may trigger restriction proceedings.
• Undisclosed subcontracting arrangements may lead to penalties.
• Subcontracting to a restricted company is prohibited.

Conflict of interest

• Bidders must disclose any family, business or social relationships with Transnet employees or board members in the RFX Declaration Form.
• Failure to disclose conflicts may result in contract rescission.

Reporting

• Suspected corrupt behaviour by Transnet employees may be reported to a senior Transnet official or via the Tip-Off Anonymous hotline: 0800 003 056.

UN Global Compact principles

• Bidders must uphold the ten UNGC principles across four fields:

Human Rights

• Support and respect internationally proclaimed human rights
• Ensure non-complicity in human rights abuses

Labour

• Uphold freedom of association and effective recognition of collective bargaining
• Eliminate all forms of forced and compulsory labour
• Effectively abolish child labour
• Eliminate discrimination in employment and occupation

Environment

• Support a precautionary approach to environmental challenges
• Undertake initiatives to promote greater environmental responsibility
• Encourage development and diffusion of environmentally friendly technologies

Anti-Corruption

• Work against corruption in all forms, including extortion and bribery

Code of conduct

• Transnet may require submission of a copy of the bidder's code of conduct.
• The code must address compliance programme implementation and reject bribes and unethical conduct.

Contract duration and termination

• The Integrity Pact applies indefinitely unless cancelled by either party.
• Transnet may cancel an awarded or signed contract without compensation if the bidder violates the Integrity Pact.
• Transnet may terminate existing contracts in addition to imposing future restrictions, depending on misconduct severity and strategic importance of the goods or services.

Dispute resolution

• Parties must attempt amicable resolution of disputes.
• Transnet will not do business with suppliers that litigate in bad faith, including:
• Vexatious or frivolous proceedings
• Perjury
• Scurrilous allegations against senior Transnet employees
• Abuse of court process for competitive advantage

Sanctions for violations

• Immediate exclusion from bidding or termination of pre-contract negotiations
• Recovery of all sums already paid
• Encashment of advance bank guarantees, performance bonds or warranty bonds, with interest
• Penalty of up to 10% of contract value for undisclosed subcontracting
• Exclusion from future bidding with Transnet and other organs of state for up to 10 years (longer in exceptional cases)

Restriction process

• Restriction decisions are based on prima facie evidence.
• Restricted entity details are submitted to National Treasury for placement on the Database of Restricted Suppliers.
• Grounds for restriction include: bad-faith bid withdrawal; refusal to sign after acceptance; unsatisfactory contract performance; bribery; fraudulent or improper conduct; incorrect Local Content or B-BBEE statements; unrecoverable costs caused to Transnet; and bad-faith litigation.

Governing law

• South African law governs the Integrity Pact.
• Its provisions are without prejudice to any civil or criminal proceedings.