36-Month invasive alien plant eradication services for the port of durban

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2.1 Deliverables

The key deliverables of this project will contain the following:

• Remove invasive plants from the designated areas and conduct ongoing

monitoring of regrowth in accordance with schedules agreed upon between

TNPA and the service provider.

• Replace alien plants with indigenous plants to rehabilitate the area.
• Ensure the clearing plan integrates with port development initiatives and

considers current and planned construction activities.

• Apply clearing methods that comply with all relevant legislation, including the

norms and standards of the Working for Water program and the National

Environmental Management: Biodiversity Act and its Alien Invasive Species

regulations.

3. Contract Manager/s & Personnel to provide the Services

Transnet Contract Manager TBA

Designation TBA

Operating Division TBA

Address TBA

Telephone TBA

Email TBA

Service Provider’s Account Manager

Designation

Address

Telephone

Email

4. Performance Review Meetings

Contract management and performance review meetings will be held as required by

Transnet’s Contract Manager.

5. Fees & Disbursements

5.1 In consideration of the performance of the Services by the Service Provider pursuant

to this Work Order, Transnet will pay to it an amount not exceeding .....................

(Including VAT) over the thirty- six (36) months period.

IN WITNESS of which this Schedule of Requirements has been duly executed by the parties.

SIGNED for and on behalf of SIGNED for and on behalf of SIGNED for and on behalf of

...................................... Transnet SOC Ltd trading through Transnet SOC Ltd trading through

its operating division Transnet its operating division Transnet

National Ports Authority National Ports Authority

Signature................................. Signature........................................... Signature.............................................

Name: Name: Name:

Position: Position: Position:

Date: Date: Date:

Appendix 1

Address for Notices

Any notice or communications between the parties to be given under this Agreement shall be

deemed to have been received at the following times:

i. by email transmission – when the sender receives confirmation of receipt;

ii. by hand delivery - immediately upon receipt by the recipient.

Any notice or communications between the parties shall be delivered to the addresses set out below:

The Service Provider Transnet

Addressee: Addressee:

........................................... Transnet SOC Ltd

Attention: ...................... Attention: Regional Manager-Legal

Physical Address: Physical Address:

.................................................. 45 Bay Terrace

.................................................. South Beach

.................................................. Durban

4001

Postal Address:

Postal Address:

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

.......................... P.O. Box 1027

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

Durban

email: email:

........................................ [email protected]

Either party may, by a notice given in accordance with this Schedule 1, change its address or email

address for the purpose of this Schedule 1.

Appendix 2

Non- Disclosure Agreement

Date: .......................................... 2025

I (name)

Of (address)

Undertake to Transnet SOC Ltd (“Transnet”) that:

1. I shall keep confidential and not to disclose or make available to any third party, except with

the express prior written consent of Transnet, any Confidential Information relating to

Transnet business, assets, customers or staff which is disclosed to me or to which I may

have access during the course of providing Services to Transnet (“my assignment”); and

2. Upon termination of my assignment, I shall return to Transnet all documents, books, discs,

tapes or other records (in whatever medium) which I may have in my possession, custody

or control and which are the property of Transnet, its customers, staff or agents and any

copies thereof.

For the purposes of this Confidentiality Agreement, “Confidential Information” shall mean any

information in whatever form including, without limitation, any information relating to systems,

operations, plans, intentions, market opportunities, know-how, trade secrets and business affairs of

the Transnet Group or its customers, whether in writing, conveyed orally or by machine-readable

medium.

I understand that this Confidentiality Agreement shall survive the termination of my assignment.

SIGNED at ______________________ on ____________________________20--

(Signature).......................................

in the presence of:-

Witness name: ..............................................

Witness Signature: ..............................................

Witness address: ..............................................

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

No specific requirements found

Name: Name: Name:

Position: Position: Position:

Date: Date: Date:

Appendix 1

email: email:

........................................ [email protected]

Either party may, by a notice given in accordance with this Schedule 1, change its address or email

address for the purpose of this Schedule 1.

Appendix 2

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

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. 12 DEFAULTS BY RESPONDENTS If the Respondent, after it has been notified of the acceptance of its Bid fails to: of 11 Transnet General Bid Conditions 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 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. 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]. of 11 Transnet General Bid Conditions 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, 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, 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 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. of 11 Transnet General Bid Conditions 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 244 will be for the account of the Supplier/Service Provider. 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 of 11 Transnet General Bid Conditions 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 VALUE-ADDED TAX 28.1 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. 28.2 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. 29 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT 29.1 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., 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. of 11 Transnet General Bid Conditions, The Respondent must, therefore, in the first instance, tender strictly in accordance with clause 29.1 (a) above. Failure to comply with clause 29.1 (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. 29.2 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. 30 CONTRACT QUANTITIES AND DELIVERY REQUIREMENTS 30.1 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. 30.2 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 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. of 11 Transnet General Bid Conditions The TotalorPartialFailuretoPerformtheScopeofSupplysection in the Terms and Conditions of Contract will not be applicable in these circumstances. 31 PLANS, DRAWINGS, DIAGRAMS, SPECIFICATIONS AND DOCUMENTS 31.1 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. 31.2 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. 31.3 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. 31.4 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. 32 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS 32.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South African representative or agent to the designated official of Transnet according to whichever officer is specified in the Bid Documents. 32.2 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. 32.3 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. 32.4 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 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 of 11 Transnet General Bid Conditions 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. 32.5 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. 32.6 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. 33 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. 34 CONFLICT WITH ISSUED RFX DOCUMENT 34.1 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

Unable to extract eligibility criteria

25 price and delivery basis for goods ............................................................................................. 7 30 contract quantities and delivery requirements ...................................................................... 9

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.

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

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

{"briefingSession":"{"date":null,"time":null,"venue":"ional readiness of all machinery and tools to 100% uptime of critical equipment; no downtime exceeding 4 hours;","is_compulsory":false}"}

provision of all required operational

Provide all equipment (brush cutters, 100% availability of all required equipment prior to commencement;

Beginning of contract As required equipment and PPE in accordance with project

sprayers, PPE, vehicles) verified through equipment registers, and site inspection reports

requirements

Continuous operational readiness of all machinery and tools to 100% uptime of critical equipment; no downtime exceeding 4 hours;

avoid disruption of scheduled eradication activities daily inspection logs and supervisor verification Allocation

100% completion of weekly inspections with documented maintenance Resource Weekly inspection of tools and equipment Weekly Weekly Maintenance and proper functioning of all equipment Inspection checklist

logs

and

1 X Planning Deployment of adequately trained and competent personnel to 100% of personnel trained and certified; supported by training

through field reports and site inspections Eradication Specialist

Effective containment and prevention of reseeding or spread during Zero incidents of spread; verified through site inspections and

site inspection and Waste manifests

Inspections and PPE enforcement Daily Daily Continuous compliance with PPE requirements during all operations 100%audit reports;PPE usagezeroatnon-complianceall times; verifiedincidentsthrough daily inspections and

incidents corrective actions within 48 hours; zero uncontrolled incidents Health, Specialist

Continuous operational readiness of all machinery and tools to 100% uptime of critical equipment; no downtime exceeding 4 hours; Ensure continuous availability of equipment All the time Daily Inspection report avoid disruption of scheduled eradication activities daily inspection logs and supervisor verification Allocation 100% completion of weekly inspections with documented maintenance Resource Weekly inspection of tools and equipment Weekly Weekly Maintenance and proper functioning of all equipment Inspection checklist logs and 1 X Planning Deployment of adequately trained and competent personnel to 100% of personnel trained and certified; supported by training Ensure availability of trained personnel Daily Daily Training records Capacity, execute eradication work safely and effectively records, induction registers, and competency certificates of Environmental Timeous communication of any equipment or operational failure Notify TNPA of breakdowns As required As required Immediate notification, supported by email/telephonic records Email/Call Manager/ that may impact service delivery Specialist Management Ensure the vehicles are equiped with spill kits, firstaid kits and any Vehicle (Operational Compliance) Daily Daily verification on vehicle by Transnet Verification report other emergency equipment. Environmental Baseline alien vegetation survey report with Accurate identification, mapping and documentation of all invasive Submission of baseline report including GIS maps, aerial imagery and Once-off Once-off Emails/Report Manager/ aerial plan/s alien species within project area species inventory within agreed timeframe Specialist Environmental Maintain an up-to-date and accurate record of all invasive alien Annual update of species inventory reflecting new infestations, cleared Inventory recods/ Invasive alien plant species inventory As required Annually Manager/ species present on site areas, and changes in species distribution Reports Specialist Operations Environmental Development of a compliant, site-specific eradication and Approved control plan submitted and signed off by TNPA; includes Invasive species control plan Once-off Once-off Email/Plan Manager/ management plan aligned to NEMBA and CARA methodology, scheduling and monitoring plan Control Specialist and 2 X Percentage (%) of hectares cleared vs planned (110.53ha); verified Environmental Mechanical removal of invasive plants As required Monthly Effective removal of invasive vegetation in line with planned targets Field reports Manager/ through field reports and site inspections Eradication Specialist Plant Environmental Chemical treatment (herbicide) As required Ongoing Logs Manager/ Alien Controlled and compliant application of herbicides to prevent 100% use of approved herbicides; supported by application logs, regrowth safety data sheets and compliance records Specialist Invasive Completion of all scheduled monthly activities Environmental Implementation of scheduled monthly clearing and follow-up Reduction in regrowth to ≤10% Monthly eradication programme Monthly Monthly Reports Manager/ operations ensuring sustained eradication Submission of monthly eradication reports detailing areas cleared, Specialist methods used and time spent Environmental Effective containment and prevention of reseeding or spread during Zero incidents of spread; verified through site inspections and Daily Daily Inspection Manager/ Conduct ongoing monitoring of regrowth clearing operations compliance reports Specialist Environmental Efficient removal of all cleared vegetation and related waste from 100% removal of biomass from cleared areas daily; supported by site Collect and dispose of biomass Daily As required Email/Hardcopy Manager/ site inspection and Waste manifests Specialist 3 X Environmental Management Dispose at licensed landfill by a licensed Compliance with environmental legislation in disposal of invasive 100% of waste disposed at licensed facilities by registered contractors; As required Ongoing Email/Hardcopy Manager/ Specialist Waste contractor biomass and waste using authorised contractors verified by disposal certificates, landfill permits, and waste manifests Environmental 100% submission of waste manifests within 24 hours per load; verified Provide waste manifests Within 24 hrs Per load Full traceability of waste from site to disposal facility Email Manager/ through documentation Specialist Environmental Before commencement of Approved, compliant project-specific SHE File implemented before 100% submission and TNPA approval prior to mobilisation; maintained Submit SHE file X Ongoing SHE File/Email Manager/ project work begins and updated throughout contract Specialist Compliance Environmental Before commencement of 100% of personnel inducted before site access; verified by induction Safety induction X Annually Full compliance with TNPA site induction requirements Email/Permit Manager/ project registers and access records; zero uninducted personnel on site Specialist 4 Environmental Inspections and PPE enforcement Daily Daily Continuous compliance with PPE requirements during all operations 100%audit reports;PPE usagezeroatnon-complianceall times; verifiedincidentsthrough daily inspections and X Safety Environmental Effective and timely response to all safety and environmental Response within ≤2 hours; incident reports submitted within 24 hours; Incident response Immediate Per incident Reports Manager/ incidents corrective actions within 48 hours; zero uncontrolled incidents Health, Specialist Environmental Successful rehabilitation of cleared areas using indigenous plant Planting of 150 trees annually (450 total); verified through planting Annually Report Manager/ Ecological Plant indigenous vegetation Annually species reports and site inspections Specialist and 5 X Restoration Environmental ≥80% survival rate of planted species; supported by quarterly Monitor survival rate Quarterly Quarterly Sustainability and establishment of planted vegetation Inspection Manager/ monitoring reports Specialist Rehabilitation Environmental Timeous and accurate submission of progress reports reflecting 100% submission within agreed timeframe; includes hectares cleared, Monthly progress reports Monthly Monthly Report/Email Manager/ and work completed methods used and challenges Specialist Environmental Submission of updated GIS shapefiles and maps monthly showing Management Provide GIS maps Monthly Monthly Accurate spatial tracking of eradication activities GIS Shapefiles Manager/ 6 Reporting X cleared and impacted areas Specialist Environmental Comprehensive evaluation of project performance and Annual consolidated report submitted including performance analysis, Monitoring, Performance Annual report Annually Annually Report Manager/ environmental impact trends and recommendations Specialist To ensure the accurate and complete submission of invoices for 100% submission of invoices with supporting documents; no Submit invoices X Monthly Monthly services rendered, including costs associated with herbicides, fuel Invoice/Statements discrepancies Payment costs and travel/transportation 7 & Efficient processing and verification of supplier invoices and Payment processed within 30 days; supported by payment records and Payment processing X Monthly Monthly Finance Invoicing payments remittance advice Support As and when Services executed as per request and within agreed timeframe; 8 Provide additional services X As and when required Capability to deliver additional requests Purchase Order hoc required supported by Purchase Orders and completion reports Ad Notes: TNPA Port of Durban Environmental Manager contact details will be provided. TOTAL Legends : 1 = Poor 2 = Not Acceptable 3 = Acceptable 4 = Excellent Signed at ______________________ this ________ day of _______________________ 2026 Signed at ______________________ this ________ day of _______________________ 2026 Service Provider For Transnet SOC Ltd t/a Transnet National Ports Authority Name: _____________________________________ Name: _______________________________ Title: _____________________________________ Title: ________________________________ Witness: _____________________________________ Witness: ________________________________ Name: _____________________________________ Name: _______________________________

Vehicle (Operational Compliance) Daily Daily verification on vehicle by Transnet Verification report

other emergency equipment.

Chemical treatment (herbicide) As required Ongoing Logs Manager/ Alien Controlled and compliant application of herbicides to prevent 100% use of approved herbicides; supported by application logs, regrowth safety data sheets and compliance records

Before commencement of Approved, compliant project-specific SHE File implemented before 100% submission and TNPA approval prior to mobilisation; maintained

Effective and timely response to all safety and environmental Response within ≤2 hours; incident reports submitted within 24 hours;

management plan aligned to NEMBA and CARA methodology, scheduling and monitoring plan Control Specialist

and

2 X Percentage (%) of hectares cleared vs planned (110.53ha); verified Environmental

Efficient removal of all cleared vegetation and related waste from 100% removal of biomass from cleared areas daily; supported by site

3 X Environmental Management Dispose at licensed landfill by a licensed Compliance with environmental legislation in disposal of invasive 100% of waste disposed at licensed facilities by registered contractors; As required Ongoing Email/Hardcopy Manager/

100% submission of waste manifests within 24 hours per load; verified

Provide waste manifests Within 24 hrs Per load Full traceability of waste from site to disposal facility Email Manager/

through documentation

and 5 X Restoration Environmental

≥80% survival rate of planted species; supported by quarterly

environmental impact trends and recommendations

Support As and when Services executed as per request and within agreed timeframe; 8 Provide additional services X As and when required Capability to deliver additional requests Purchase Order

hoc required supported by Purchase Orders and completion reports

Ad

Notes: TNPA Port of Durban Environmental Manager contact details will be provided. TOTAL

Legends : 1 = Poor 2 = Not Acceptable 3 = Acceptable 4 = Excellent

Signed at ______________________ this ________ day of _______________________ 2026 Signed at ______________________ this ________ day of _______________________ 2026

Transnet SOC Ltd

• Address: 49th Floor, Carlton Centre, 150 Commissioner Street, Johannesburg 2001
• Registration No.: 1990/000900/30

Confidentiality and Data Protection:

• All Confidential Information must be treated as secret and used only for bid-related discussions or contract performance.
• Disclosure is permitted only to agents who need to know, provided they are bound by confidentiality.
• Written consent from Transnet is required for any public disclosure or use of Transnet’s name for marketing.
• Confidential Information must be securely stored, and records of its location and copies must be maintained.
• Upon written demand, all Confidential Information (including copies) must be returned or destroyed within 7 days, with a director’s certificate confirming compliance.
• Compliance with South African privacy laws (Section 14 of the Bill of Rights) is mandatory.
• Technical and organisational measures must be in place to prevent unauthorised data processing, loss, or damage.

Contractual Terms (Non-Disclosure Agreement):

• Parties: Transnet SOC Ltd (Registration No. 1990/000900/30) and the bidding company.
• Purpose: Governs the exchange of Confidential Information for bid discussions and contract performance.
• Confidential Information: Includes all data (written, oral, or machine-readable) related to systems, operations, plans, trade secrets, and business affairs, excluding publicly available or lawfully obtained information.
• Obligations of Receiving Party:
• Treat all Confidential Information as secret and use it solely for bid-related purposes.
• Disclose only to agents who need to know, ensuring they are bound by confidentiality.
• Notify Transnet immediately if required by law to disclose Confidential Information and cooperate with Transnet’s response.
• Notify Transnet of any unauthorised disclosure or use and take remedial action if requested.
• Return or destroy all Confidential Information within 7 days of a written demand, with a director’s certificate confirming compliance.
• Storage and Records: Securely store all Confidential Information and maintain written records of its location and copies.
• Duration: Obligations survive bid discussions and continue for 5 years post-termination.
• Privacy and Data Protection: Comply with South African privacy laws (Section 14 of the Bill of Rights) and ensure technical/organisational measures prevent unauthorised data processing or loss.
• General Provisions:
• No assignment of the agreement without prior written consent (except Transnet to its Group members).
• No waiver of rights by delay or partial exercise.
• Severability of provisions if any are deemed invalid.
• Amendments require written agreement signed by authorised representatives.
• No partnership, joint venture, or agency relationship is created.
• Governed by South African law, with exclusive jurisdiction of South African courts.

{"closingDate":"31 AUGUST 2026","closingTime":"14:00","briefingSession":"{"date":"11 AUGUST 2026","time":"14:00","venue":"E: 31 AUGUST 2026","is_compulsory":true}"}

{"name":null,"email":"[email protected]","phone":null,"department":"of Agriculture as per Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act .","address":"the closing date and bidders"}

Returnable Documents: Transnet National Ports Authority an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] Registration Number 1990/000900/30 REQUEST FOR PROPOSAL [RFP] No TNPA/2026/03/0633/3688/RFP PROVISION OF ERADICATION OF INVASIVE ALIEN PLANTS AROUND THE PORT OF DURBAN FOR A PERIOD OF THIRTY-SIX (36) MONTHS. RFP NUMBER: TNPA/2026/03/0633/3688/RFP ISSUE DATE: 28 JULY 2026 COMPULSORY BRIEFING SESSION: 11 AUGUST 2026 (REFER TO SECTION 2 BELOW) CLOSING DATE: 31 AUGUST 2026 CLOSING TIME: 14:00 BID VALIDITY PERIOD: 180 BUSINESS DAYS FROM CLOSING DATE SUBMISSION TO: TRANSNET E-TENDER SUBMISSION PORTAL – SEE SBD 1 FOR DETAILS TECHNICAL - PREQUALIFICATION CRITERIA, Attendance of compulsory briefing session, Service Provider to submit a valid Pest Control Operators certificate as issued by the Department of Agriculture as per Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act ., Service Provider to submit a valid South African Council for Natural Scientific Professions (SACNASP) registration certificate for the Environmental Specialist/ Ecologist. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 SCHEDULE OF BID DOCUMENTS Section No Page SECTION 1: SBD1 FORM ................................................................................................................................... 3 SECTION 2: NOTICE TO BIDDERS .................................................................................................................... 16 SECTION 3: EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS.......................................... 9 SECTION 4: PRICING SCHEDULE FORM ............................................................................................................ 20 SECTION 5: RFP DECLARATION CERTIFICATE OF ACQUAINTANCE & BREACH OF LAW FORM WITH RFP RETURNABLE DOCUMENTS.............................................................................................................................. 22 SECTION 6: SPECIFIC GOALS POINTS CLAIM FORM .......................................................................................... 27 SECTION 7: CERTIFICATE OF ATTENDANCE OF COMPULSORY RFP BRIEFING SESSION ....................................... 32 SECTION 8: PROTECTION OF PERSONAL INFORMATION ................................................................................... 33 RFP ANNEXURES: ANNEXURE A: SCOPE OF SERVICE ANNEXURE B: TECHNICAL EVALUATION ANNEXURE C: MASTER AGREEMENT ANNEXURE D: NON-DISCLOSURE AGREEMENT ANNEXURE E: TRANSNET’S GENERAL BID CONDITIONS ANNEXURE F: TRANSNET’S SUPPLIER INTEGRITY PACT _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 SECTION 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET NATIONAL PORTS AUTHORITY, A DIVISION TRANSNET SOC LTD ISSUE CLOSING AUGUST CLOSING BID NUMBER: TNPA/2026/03/0633/3688/RFP DATE: 28 JULY 2026 DATE: 2026 TIME: 14:00 PROVISION OF ERADICATION OF INVASIVE ALIEN PLANTS AROUND THE PORT OF DURBAN FOR A PERIOD OF DESCRIPTION THIRTY-SIX (36) MONTHS. BID RESPONSE DOCUMENTS SUBMISSION INSTRUCTIONS 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 Digital Procurement System (TDPS) Supplier Submission Portal can be accessed as follows, Log on to the Transnet eSupplier website/Portal (https://esupplierportal.transnet.net/portal/), Click on “SIGN IN/REGISTER –to register new bidder information and ensure that all (must fill in all mandatory information is completed) OR;, to sign in if already registered;, Click on “ADVERTISED TENDERS” to view advertised tenders;, Toggle (click to switch) the “Log an Intent” button in order to be able to activate the submission of a bid;, Respondents are to submit bid documents by uploading them onto the system against each tender selected. A Bidder can upload 30mb per upload and multiple uploads are permitted., Bidders to note that all pricing must be completed in the eSupplier portal, electronic pricing. No paper pricing schedule should be accepted., 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., No late submissions will be accepted., 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 BIDDING PROCEDURE/TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON Winile Xhakaza E-MAIL ADDRESS [email protected] SUPPLIER INFORMATION Contact details below will be used to make contact with the tenderer. Return of other contact details anywhere else in the tender document will NOT be used to contact the tenderer _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER IT IS A CONDITION OF THIS BID THAT THE TAX MATTERS OF THE SUCCESSFUL RESPONDENTS BE IN ORDER, OR THAT SATISFACTORY ARRANGEMENTS HAVE BEEN MADE WITH SOUTH AFRICAN REVENUE SERVICE (SARS) TO MEET THE RESPONDENTS TAX OBLIGATIONS. TCS PIN OR CSD No SUPPLIER COMPLIANCE STATUS BBEEE Yes STATUS LEVEL SWORN AFFIDAVIT No If Yes, Who was the Certificate issued by? AN ACCOUNTING OFFICER AS AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) CORPORATION ACT (CCA) AND NAME THE A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN APPLICABLE IN THE TICK BOX ACCREDITATION SYSTEM (SANAS) A REGISTERED AUDITOR NAME: [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT MUST BE SUBMITTED FOR PURPOSES OF COMPLIANCE WITH THE B-BBEE ACT] 2 ARE YOU A 1 ARE YOU THE ACCREDITED FOREIGN BASED Yes No REPRESENTATIVE IN SOUTH AFRICA FOR Yes No SUPPLIER FOR THE THE GOODS /SERVICES /WORKS OFFERED? GOODS /SERVICES [IF YES, ANSWER [IF YES ENCLOSE PROOF] /WORKS OFFERED? QUESTIONAIRE BELOW ] Signature of the Bidder Date: ................................. ................................. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? 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. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 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. 1.7 RESPONDENTS ARE REQUIRED TO SELF-REGISTER ON NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE (CSD) WHICH HAS BEEN ESTABLISHED TO CENTRALLY ADMINISTER SUPPLIER INFORMATION FOR ALL ORGANS OF STATE AND FACILITATE THE VERIFICATION OF CERTAIN KEY SUPPLIER INFORMATION. ONLY FOREIGN SUPPLIERS WITH NO LOCAL REGISTERED ENTITY NEED NOT REGISTER ON THE CSD. THE CSD CAN BE ACCESSED AT HTTPS://SECURE.CSD.GOV.ZA/. 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) DATE: _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 SECTION 2: NOTICE TO BIDDERS 1 Responses to RFP Responses to this RFP [Proposals] must not include documents or reference relating to any other proposal. Any additional conditions that the bidder wants to bring to the attention of Transnet must be embodied in an accompanying letter. 2 Formal Briefing A compulsory RFP briefing will be conducted at Queen Elizabeth Boardroom, Queens Warehouse, 237 Mahatma Ghandi Rd, Port of Durban on the 11 August 2026 at 10:00 am for a period of ± 2 hours. [Respondents to provide own transportation and accommodation]. The briefing session will start punctually and information will not be repeated for the benefit of Respondents arriving late. ACertificateofAttendanceintheformsetoutinSection07heretomustbecompletedandsubmittedwith yourProposalasproofofattendanceisrequiredforacompulsoryRFPbriefing . Respondents failing to attend the compulsory RFP briefing will be disqualified. The certificate of attendance and/or the attendance register will be used as proof/evidence of attendance. Respondents are encouraged to bring a copy of the RFP to the site meeting and/or RFP briefing. 3 COMMUNICATION (CLARIFICATIONS AND COMPLAINTS) 3.1 Specific queries relating to this RFP before the closing date of the RFP should be submitted to [Winile Xhakaza ,email [email protected]] before 12:00 pm on 21 August, In the interest of fairness and transparency Transnet’s response to such a query will then be made available to other bidders. 3.2 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. 3.3 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. 3.4 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. 3.5 The outcome of the process will be communicated, via email, to all bidders as soon as the process is concluded. Should a bidder not receive any communication from Transnet 30 days after the expiry of the validity period of this bid, the bidder can consider its bid not being successful. 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. 4 LEGAL COMPLIANCE The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 5 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. 6 CHANGE TO PROPOSAL Changes by the Respondent to its submission will not be considered after the closing date and time. 7 Binding Offer Any Proposal furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this statement must be clearly and specifically indicated. 8 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 a Proposal in response to it. Please note that Transnet reserves the right to, modify the RFP’s goods / service(s);, award only a portion of the proposed goods / services which are reflected in the scope of this RFP;, split the award of the order/s between more than one Supplier/Service Provider as may be explicitly articulated in the conditions or objective criteria to this RFP, cancel the RFP process;, 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;, request audited financial statements or other documentation for the purposes of a due diligence exercise;, 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 provides for it;, 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;, award the business to the next ranked bidder, provided that he/she is still prepared to provide the required Goods/Services 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 of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the next ranked bidder(s) were notified of their bid being unsuccessful. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods/Services at their quoted price., 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. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 9 SPECIFICATION/SCOPE OF WORK Refer to Annexure A for scope of services. 10 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. 11 Security Clearance Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the goods 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. WHEN MAKING BID SUBMISSIONS 12 TIP-OFFS ANONYMOUS Transnet urges its clients, suppliers and the general public to report any fraud or corruption to TIP-OFFS ANONYMOUS: 12.1 Toll Free No: 0800 003 056 12.2 Email Address: [email protected] 12.3 SMS: 063 786 7403 12.4 Please Call me number: 1200637867403 12.5 A dedicated Website: https://whistleblowersoftware.com/secure/Transnet _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34 SECTION 3 EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS 1 TRANSNET WILL UTILISE THE FOLLOWING METHODOLOGY AND CRITERIA IN SELECTING A PREFERRED SERVICE PROVIDER: STAGE 1: TEST FOR STAGE 2 STAGE 3 RESPONSIVENESS Step 1 Step 2 Step 3 Step 4 Step 5 Administrative & Substantive 1.1 STEP ONE: Test for Administrative and Substantive Responsiveness The test for administrative and substantive responsiveness will include the following: Administrative & Substantive responsiveness check RFP Reference, Whether the Bid has been lodged on time

Eligible bidders must: attend the compulsory briefing session; hold a valid Pest Control Operators certificate; possess a valid SACNASP registration for an environmental specialist/ecologist; be tax compliant with SARS (provide PIN/TCS or CSD number); comply with the Employment Equity Act; be registered on the Central Supplier Database (CSD) if foreign without a local entity; submit a B‑BBEE verification certificate or sworn affidavit; not be listed as a restricted supplier; and ensure all returnable documents are signed, stamped, and dated.

Thirty-six (36) months.

Resources and Equipment

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Stock Remedies Act 36 of Personnel

• Method Statement

• Service Provider to submit a

• Resources and

valid South African Council for Equipment

100 = All the workers are fully certified and

have >4 years extensive relevant

experience.

Method Statement 25 0 = No submission / The information

responds to the Scope of Works and outlines generic to determine the score.

execution methodology, including but not 20 = The tenderer has submitted a method

limited to program, safety, and an statement that covers only one (1) element

understanding of the project objective. out of the required five (5).

The method statement shall include as a 40 = The tenderer has submitted a method

minimum, but not limited to, the following (the statement that covers only two (2) elements

tenderer must refer to the works information for out of the required five (5).

a full description of the Scope of Works): 60 = The tenderer has submitted a method

1. Description of Works. statement that covers only three (3)
2. Methodology with a detailed program elements out of the required five (5).

outlining Eradication methodology 80 = The tenderer has submitted a method

3. Approach to preventing re-infestation and statement that covers only four (4) elements

Control Measures. out of the required five (5).

4. Emergency response plan. 100 = The tenderer has submitted a

method statement that covers all five (5)

to bids and upload their bid proposals/responses on to the system.

The Transnet Digital Procurement System (TDPS) Supplier Submission Portal can be accessed as follows:

a) Log on to the Transnet eSupplier website/Portal (https://esupplierportal.transnet.net/portal/)

b) Click on “SIGN IN/REGISTER –to register new bidder information and ensure that all (must fill in all mandatory

information is completed) OR;

▪ - to sign in if already registered;

c) Click on “ADVERTISED TENDERS” to view advertised tenders;

d) Toggle (click to switch) the “Log an Intent” button in order to be able to activate the submission of a bid;

e) Respondents are to submit bid documents by uploading them onto the system against each tender selected. A Bidder

can upload 30mb per upload and multiple uploads are permitted.

f) Bidders to note that all pricing must be completed in the eSupplier portal, electronic pricing. No paper

pricing schedule should be accepted.

g) 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.

h) No late submissions will be accepted.

i) 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.

j) 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.

k) 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.

L) A detailed bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net

negotiation, if scoring / 100***

Returnable documents/ applicable. (eg

schedules/ Pre-qualifications Market Related

Company Experience 10 0 = The tenderer has submitted no

experience in alien vegetation management / determine the score or has submitted

eradication field, and they should provide a reference letters with less than four (4)

minimum of three (3) detailed reference letters required elements.

with contact details of customers and indicate

their previous experience. The reference letters 20 = The tenderer has provided one (1)

should be on clients’ letterhead to whom the relevant signed reference letter relevant to

service was rendered, with a brief description of the alien vegetation management /

the services eradication field with the required four (4)

provided. elements.

The letters should present the following: 40 = The tenderer has provided two (2)

relevant signed reference letters relevant to

the alien vegetation management /

1. Project description – detailed project

eradication field with the required four (4)

scope describing the nature of work (as

elements.

detailed in the technical tender

documentation).

2. Client letterhead with customer name and 60 = The tenderer has provided three (3)

contact details. (email address or relevant signed reference letters relevant to

telephone number). the alien vegetation management /

eradication field with the required four (4)

NB: A letter with less than the 4 required

80 = The tenderer has provided four (4)

elements will not be accepted.

relevant signed reference letter relevant to

the alien vegetation management /

eradication field with the required four (4)

elements.

100 = The tenderer has provided five (5) or

more relevant signed reference letters

relevant to alien vegetation management /

eradication field with the required four (4)

elements.

Experience of Key Personnel 30

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

qualified and experienced personnel will be

assigned to the project. The following minimum

requirements must be met:

1. Site Manager / Site Supervisor 10 0 = The tenderer has submitted a CV with

• Submit a detailed CV no relevant on the job experience/

inadequate information to determine a

• Must have minimum 3 years in score.

supervising site operations

20 = They have > 1 year but ≤ 2years of

relevant on the job experience.

40 = They have > 2years but ≤ 3 years of

relevant on-the-job experience.

60 = They have 3 years of relevant on-the-

job experience.

80 = They have >3 years but ≤ 4 years of

relevant on-the-job experience.

100 = They have >4 years relevant on-the-

job experience.

2. Environmental Specialist / Ecologist 10 0 = The tenderer has submitted no

• Submit a CV, accompanied by certified information/inadequate information to

copies of relevant qualifications in determine a score/submitted a CV without

field 20 = They have > 1 year but ≤ 2years of

• Minimum of 3 years’ relevant experience relevant on the job experience and they

in alien plant management and have submitted a CV with qualifications and

environmental compliance proof of ArcGIS/ArcGIS Pro proficiency.

• Proficient in ArcGIS/ArcGIS Pro submit

proof of training

40 = They have > 2 years but ≤ 3 years of

relevant on-the-job experience and they

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

have submitted a CV with qualifications and

proof of ArcGIS/ArcGIS Pro proficiency.

60 = They have 3 years of relevant on-the-

job experience, and they have submitted a

80 = They have >3 years but ≤ 4 years of

relevant on-the-job experience, and they

have submitted a CV with qualifications and

proof of ArcGIS/ArcGIS Pro proficiency.

100 = They have >4 years relevant on-the-

job experience and they have submitted a

3. General Workers (Pest Control 10 0 = The tenderer has submitted no

Operators / Herbicide Applicators) information/inadequate information to

• X5 skilled general workers determine a score/submitted a CV without

qualifications/supporting documents.

with experience in alien vegetation

management. 20 = Two (2) out of 5 workers meets

minimum requirements. Workers have >1

year but ≤ 2 years of relevant experience.

40 = Three (3) out of 5 workers meets

minimum requirements and all have > 2

years but ≤ 3 years of relevant experience.

60 = All the five (5) workers meet minimum

requirements and have 3 years of relevant

on-the-job experience.

80 = All the five (5) workers meet minimum

requirements and have > 3 years but ≤ 4

years of relevant on-the-job experience.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

RETURNABLE DOCUMENTS USED FOR SCORING [Yes or No]

Valid proof of Respondent’s compliance to Specific Goals requirements stipulated in Section

06 of this RFP (B-BBEE Certificate / Sworn - Affidavit / CIPC B-BBEE Certificate (in case of

JV, a consolidated scorecard will be accepted) as per DTIC guidelines)

Company Experience (Traceable References)

Experience of Key Personnel (detailed CV with certified copies of qualifications)

Method Statement

I/We Acknowledge that an electronic pricing schedule for services will be completed in the Transnet eSupplier

portal in line with the scope of work requirements.

Respondents are to note that Transnet will round off final pricing scores to the nearest 2 (two) decimal

places.

Price adjustments

Notes to the Multi- Year Pricing Table:

The first year of the contract will not be subject to price escalation

Cost for Year 2 (Y2) will be Total costs of Year 1 (Y1) x CPI adjustment

Cost for Year 3 (Y3) will be Total costs of Year 2 (Y2) x CPI adjustment

Note:

Prices on the Contract will be fixed for the first 12 months of the Contract. Thereafter the Contract price

adjustment will be reviewed on each anniversary of the Contract, considering the actual Consumer Price Index

(CPI) for that particular year as published by Statistics South Africa. The CPI percentage published by Stats SA

will be used to determine the appropriate percentage mark-up.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Respondents are to note that Transnet will round off final technical scores to the nearest 2 (two) decimal places for

the purposes of determining whether the technical threshold has been met.

Theminimumthresholdfortechnical/functionality[StepTWO]mustbemetorexceededfora

Respondent’sProposaltoprogresstoStepFourforfinalevaluation

1.3 STEP THREE: Evaluation and Final Weighted Scoring [An electronic pricing Schedule must

be completed on the eSupplier system]

a) Price and Specific Goals [Weighted score 80/20 points]:

I/We_________________________________________________________________________________

hereby offer to supply the services at the prices quoted in the Price Schedule below, in accordance with the

conditions related thereto.

• the Standard RFP Terms and Conditions for the Supply of Goods or Services to Transnet; and

• any other standard or special conditions embodied in this Request for Proposal.

I/We accept that unless Transnet should otherwise decide and so inform me/us, this Proposal [and, if any, its

covering letter and any subsequent exchange of correspondence], together with Transnet’s acceptance

thereof shall constitute a binding contract between Transnet and me/us. I/We further agree that if, after I/we

have been notified of the acceptance of my/our Proposal, I/we fail to deliver the said goods/service/s within

the delivery lead-time quoted, Transnet may, without prejudice to any other legal remedy which it may have,

cancel the order and recover from me/us any expenses incurred by Transnet in calling for Proposals afresh

and/or having to accept any less favourable offer.

Price Schedule

portal in line with the scope of work requirements.

Respondents are to note that Transnet will round off final pricing scores to the nearest 2 (two) decimal

places.

must cancel the RFP.

b) All Prices must be quoted in South African Rand, inclusive of VAT

c) Any disbursement not specifically priced for will not be considered/accepted by Transnet.

d) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this price

schedule and not utilise a different format. Deviation from this pricing schedule will result in a bid being

disqualified.

e) Please note that should you have offered a discounted price(s), Transnet will only consider such price

discount(s) in the final evaluation stage if offered on an unconditional basis.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

Section 5

information relevant to the Supply of the Goods as well as Transnet information and Employees, and have had

sufficient time in which to conduct and perform a thorough due diligence of Transnet’s operations and business

requirements and assets used by Transnet. Transnet will therefore not consider or permit any pre- or post-

contract verification or any related adjustment to pricing, service levels or any other provisions/conditions

based on any incorrect assumptions made by the Respondent in arriving at his Bid Price.

MINIMUM THRESHOLD Weighted Price negotiation, if scoring / 100*** Returnable documents/ applicable. (eg schedules/ Pre-qualifications Market Related Functionality/ technical Price 60 points negotiation or Minimum Threshold Best And Final Award of Offer Price business negotiation) (80/90) and conclusion of contract

B-BBEE Details: (20/10)

Technical Pre-qualification

WEIGHTED Criteria

Score

• Attendance of compulsory

briefing session.

• Service Provider to submit a

Technical criteria valid Pest Control Operators

certificate as issued by the

Department of Agriculture as - Company Experience

per Fertilizers, Farm Feeds,

Agricultural Remedies and - Experience of Key

Stock Remedies Act 36 of Personnel

• Method Statement
• Service Provider to submit a
• Resources and

valid South African Council for Equipment

Natural Scientific Professions

(SACNASP) registration

certificate for the

Environmental Specialist/

Ecologist.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

issuance of this RFP and/or its receipt of a Proposal in response to it. Please note that Transnet reserves the

right to:

• modify the RFP’s goods / service(s);
• award only a portion of the proposed goods / services which are reflected in the scope of this RFP;
• split the award of the order/s between more than one Supplier/Service Provider as may be

explicitly articulated in the conditions or objective criteria to this RFP

• cancel the RFP process;

• 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;

• request audited financial statements or other documentation for the purposes of a due diligence

exercise;

• 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 provides for it;

• 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;

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

required Goods/Services 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 of the bids of the next ranked bidder(s) will be deemed to remain valid,

irrespective of whether the next ranked bidder(s) were notified of their bid being unsuccessful.

submitted inadequate information to

used to execute the eradication of invasive alien

determine a score.

plant species effectively across the designated

20 = The tenderer has submitted one (1) areas.

element out of the required five (5).

Below are the required elements: 40 = The tenderer has submitted two (2)

1. Mechanical clearing tools i.e. brush cutters, elements out of the required five (5).

slashers, chainsaws (Equipment register, 60 = The Tenderer submitted three (3)

photos) elements out of the required five (5).

▪ Considered relevant governance protocols;

▪ Determined the DPIP or FPPO status of that counterparty; and

▪ Conducted a risk assessment and due diligence to assess the potential risks that may be posed by the

business relationship.

As per the Transnet Domestic Prominent Influential Persons (DPIP) and Foreign Prominent Public Officials

(FPPO) and Related Individuals Policy available on Transnet website

https://www.transnet.net/search/pages/results.aspx?k=FPIDP#k=DPIP, Respondents are required to disclose

any commercial relationship with a DPIP or FPPO (as defined in the Policy) by completing the following

section:

Cost for Year 2 (Y2) will be Total costs of Year 1 (Y1) x CPI adjustment

Cost for Year 3 (Y3) will be Total costs of Year 2 (Y2) x CPI adjustment

Note:

Prices on the Contract will be fixed for the first 12 months of the Contract. Thereafter the Contract price

adjustment will be reviewed on each anniversary of the Contract, considering the actual Consumer Price Index

(CPI) for that particular year as published by Statistics South Africa. The CPI percentage published by Stats SA

will be used to determine the appropriate percentage mark-up.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

respond, before submitting the bid. The Bidder agrees that he/she will have no claim or cause of action based on an

allegation that any aspect of this RFP was unclear but in respect of which he/she failed to obtain clarity.

efforts, skill and knowledge in an activity for the execution of a contract.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 12, 13 and 14 ABOVE IS CORRECT.

I accept that the state may reject the bid or act against me in terms of paragraph 6 of PFMA SCM

Instruction /22 on preventing and combating abuse in the supply chain management

(SACNASP) registration certificate for the Environmental Specialist/ Ecologist.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

• Service Provider to submit a valid South African Council for Natural Scientific

Professions (SACNASP) registration certificate for the Environmental

(SACNASP) registration certificate for the Environmental Specialist/ Ecologist.

b) Returnable Documents Used for Scoring

In addition to the requirements of section (a) above, Respondents are further required to submit with their

Section 1: sbd1 form ................................................................................................................................... 3

Section 2: notice to bidders .................................................................................................................... 16

Section 3: evaluation methodology, criteria and returnable documents.......................................... 9

Section 4: pricing schedule form ............................................................................................................ 20

Section 5: RFP declaration certificate of acquaintance & breach of law form with RFP

Returnable documents.............................................................................................................................. 22

Section 6: specific goals points claim form .......................................................................................... 27

Section 7: certificate of attendance of compulsory RFP briefing session ....................................... 32

Section 8: protection of personal information ................................................................................... 33

Financial Statements plus 2 previous years

Section 1: SBD1 Form

SECTION 5: RFP Declaration Certificate of Acquaintance & Breach of Law Form With

RFP

Section 6: Specific Goals Points Claim Form

Section 8: Protection of Personal Information

of any contract emanating from this RFP. Should the Respondent be awarded the contract [the Agreement]

and fail to present Transnet with such renewals as and when they become due, Transnet shall be entitled, in

addition to any other rights and remedies that it may have in terms of the eventual Agreement, to terminate

such Agreement immediately without any liability and without prejudice to any claims which Transnet may

have for damages against the Respondent.

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

Section 4

We further hereby certify that I/we have/have not been [delete as applicable] found guilty during the

preceding 5 [five] years of a serious breach of law, including but not limited to a breach of the Competition Act,

, by a court of law, tribunal or other administrative body. The type of breach that the Respondent is

required to disclose excludes relatively minor offences or misdemeanours, e.g. traffic offences. This includes the

imposition of an administrative fine or penalty.

Date of breach: _____________________________

bidding process, should that person or entity have been found guilty of a serious breach of law, tribunal or

regulatory obligation.

SIGNED at ___________________________ on this _____ day of ______________________ 20___

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-

Based Black Economic Empowerment Act;

Respondent’s Signature Date & Company Stamp

Transnet Request for Proposal No TNPA/2026/03/0633/3688/RFP of 34

Returnable Document

(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based

on its overall performance using the relevant scorecard contained in the Codes of Good Practice on

Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

(d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ

of state for the supply/provision of services, works or goods, through price quotations, advertised

competitive bidding processes or proposals;

(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. );

(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice under section 9 (1)

of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. );

(g) “functionality” means the ability of a bidder to provide goods or services in accordance with

specification as set out in the bid documents;

(h) “Price” includes all applicable taxes less all unconditional discounts.

(i) “Proof of B-BBEE Status Level of Contributor” means:

1. B-BBBEE status level certificate issued by an unauthorised body or person;

2. A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3. Any other requirement prescribed in terms of the B-BBEE Act.

(j) “QSE” means a Qualifying Small Enterprise in terms of a Codes of Good Practice under section 9 (1) of

the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. );

(k) “rand value” means the total estimated value of a contract in South African currency, calculated at

the time of bid invitations, and includes all applicable taxes and excise duties.

(l) “Specific goals” means targeted advancement areas or categories of persons or groups either

previously disadvantaged or falling within the scope of the Reconstruction and Development

Section 3: evaluation methodology, criteria and returnable documents.......................................... 9

Section 6: specific goals points claim form .......................................................................................... 27

Annexure b: technical evaluation

Evaluation methodology, criteria and returnable documents

Test for stage 2 stage 3 responsiveness

Functionality/ technical Price

60 points negotiation or

Annexure D Technical Evaluation

Respondents are to note that Transnet will round off final technical scores to the nearest 2 (two) decimal places for

Theminimumthresholdfortechnical/functionality[StepTWO]mustbemetorexceededfora

Respondent’sProposaltoprogresstoStepFourforfinalevaluation

1.3 STEP THREE: Evaluation and Final Weighted Scoring [An electronic pricing Schedule must

a) Price and Specific Goals [Weighted score 80/20 points]

Evaluation Criteria RFP Reference

Transnet will utilise the following formula in its evaluation of Price

Ps = Score for the Bid under consideration

b) Specific Goals [Weighted score 20/10 point]

▪ Specific goals preference points claim form

▪ 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.

o negotiate a market-related price with the Respondent scoring the highest points or cancel the RFP;

Respondent scoring the second highest points or cancel the RFP;

o if the Respondent scoring the second highest points does not agree to a market-related price, negotiate

a market-related price with the Respondent scoring the third highest points or cancel the RFP.

preference points to

{"name":null,"email":null,"phone":null,"department":null,"address":"SOLUTION .................................................................................................................... 22"}

This Agreement is entered into by and between:

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

Street, Braamfontein, Johannesburg, 2000, Republic of South Africa [Transnet]

and

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

............................................................ [the Service Provider].

Now therefore, IT is agreed:

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

accept the 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 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 Southern 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 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 Assignment refers to the transfer of rights and obligations in a contract from an assigner to an

assignee.

2.4 Business Day(s) means Mondays to Fridays between 08:00 and 16:00, excluding public holidays

as proclaimed in South Africa;

2.5 Cession refers to the transfer of only the rights a service provider has in terms of a contract from it

to a third party.

2.6 Commencement Date means TBA, notwithstanding the signature date of this Agreement;

2.7 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

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

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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) commercial, financial and marketing information;

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

and equipment of the disclosing Party;

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

of the disclosing Party;

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

incidence of such faults or defects; and

n) 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;

2.8 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;

2.9 Expiry Date means means end of contract;

2.10 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;

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

units, successors-in-title and assigns;

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2.12 Party means either one of these Parties;

2.13 Price(s) means the agreed Price(s) for the Services to be purchased from the 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;

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

Provider for the provision of Services;

2.15 Service(s) means the provision of eradication of invasive alien plants around the Port of Durban

for a period of thirty-six (36) months, pursuant to the Work Order(s) in terms of this Agreement;

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

and performance standards relating to the Services to be provided by the Service Provider;

2.17 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;

2.18 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;

2.19 Schedule of Requirements means Schedule 1 hereto;

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

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

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

part thereof;

2.21 Subcontractor means the third party with whom the Service Provider enters into a Subcontract;

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

from time to time;

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

from time to time; and

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

2.25 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,

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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.

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 Service Provider will

arrange for the provision to Transnet of the 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 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 34

[AmendmentandChangeControl]. A Party will advise the other Party within fourteen [14] 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 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 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 of this Agreement is TBA

and the duration shall be for thirty- six (36) months period, expiring on TBA, 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 22 [Breach and Termination], either Party may cancel this Agreement

without cause by giving thirty [30] 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 two [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 Service Provider for

information, including information concerning Transnet's operations and activities, that relates to

the Services as may be necessary for the Service Provider to provide the 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 Service Provider of its

confidentiality obligations under this Agreement.

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

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

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

Agreement.

9 general obligations of the service provider

9.1 The 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 provision

of services;

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

Provider and the Service Provider’s services;

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

to the delivery of the 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 Services and ancillary Services

and the conduct of the business and activities of the 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 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 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 Service Provider.

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

a) render the supply of the 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 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;

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

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

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

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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 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 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 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.

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

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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 Service Provider may only enter into a subcontracting arrangement or replace a subcontractor

with the approval of Transnet.

11.2 If the Service Provider subcontracts a portion of the contract to another person without declaring it to

Transnet reserves the right to penalise the Service Provider up to 10% of the value of the contract.

11.3 Where the 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 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 Service Provider [main contractor]

and the subcontractor.

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

not the Sub-contractor will at all times be held liable for performance in terms of its contractual

obligations.

11.5 The 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 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 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 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 Service Provider that the amounts claimed by the

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

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payment were rendered to the satisfaction of the 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 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 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 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 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 Service Provider undertakes to notify and provide full details to Transnet in the event

there is:

(i) a change in the 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 Service Provider which

has or likely to impact negatively on the Service Provider’s B-BBEE status.

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

undertakes to provide any B-BBEE data [underlying data relating to the 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 Service Provider B-BBEE status] which

Transnet may request on written notice within thirty [30] calendar days of such request. A

failure to provide such data shall constitute a Service Provider Default and may be dealt with

in accordance with the provisions of clause 23.

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

clause 23 shall apply.

13.2 Green Economy/Carbon Footprint

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

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Where the Service Provider fails to deliver the 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 as outlined in the Service Level Agreement (SLA).

The Service Provider will be required to sign a Service Level Agreement wherein the sevice levels

relating to delivery timelines are agreed. The Service Provider must ensure that they comply with

the service levels, failing which, it will be subject to penalties as per the Service Level Agreement

which shall not exceed 10% of the total cost of the invoice in question. The Service Provider shall

sign the Service Level Agreement not by not later than fourteen (14) working days after the signing

of the Agreement, failing which, Transnet reserves its right to terminate the Agreement.

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 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 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 Service Provider

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

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

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

reasonable suspicion that the 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.

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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 thirty [30] calendar days after date of receipt by

Transnet of the 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 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 Service Provider shall remain the owner of all plant, material, machinery, equipment and the

like [collectively, the Service Provider’s Services] provided to Transnet until Transnet has paid

in full for the Service Provider’s Services, it being specifically agreed that Transnet shall acquire no

rights [including liens] of whatsoever nature in such Service provider’s Services until date of final

payment by Transnet. Subject to the aforegoing, all risk and benefit to the Service Provider’s

Services shall pass from the Service Provider to Transnet on provision of the Service Provider’s

Services by the Service Provider’s to Transnet.

17 price adjustments

17.1 Prices for Services supplied in terms of this Agreement will be fixed for year one (1), year

two (2) and year three (3) will be adjusted with the % published by Stats SA at that time

of Adjustment.

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.

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

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

writing by Transnet. The 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.

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

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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.

18.3 The Service Provider warrants that for a period of ninety [90] 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 thirty [30] 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 thirty [30] 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 clause 33 [AmendmentandChange

Control].

18.7 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.

18.8 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.

19 third party indemnity

The Service Provider hereby indemnifies and shall hold Transnet harmless against any damages suffered by

or claims arising against Transnet in respect of clause 18 above. The Service Provider acknowledges that

Transnet, in its capacity as landowner, may be subject to regulatory enforcement actions, including

directives, fines, or penalties imposed by competent authorities for non-compliance with applicable

environmental legislation. Accordingly, the Service Provider agrees to indemnify and hold Transnet

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harmless against any such fines, penalties, costs, or expenses incurred by Transnet, whether directly or

indirectly, as a result of the Service Provider’s poor performance, negligence, or failure to comply with its

contractual or legal obligations.

20 total or partial failure to perform

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

a) No provisioning of the Services 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) provision of any of the Services is being or is likely to be delayed beyond the promised

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

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

then Transnet may, irrespective of the cause of the delay, by notice to the Service provider, 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 Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet the

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

Services. Where an integral or essential part of the work has not been completed, the amount to be

paid to the Service Provider will be calculated on the basis of Transnet’s enrichment. The 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 Service provider fails or neglects to

execute the work or to deliver any portion of the Services as required by the terms of this

Agreement or Purchase Order, 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 Services, and in such

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

21 rights on cancellation

21.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of clause 20 [Totalor

PartialFailuretoPerform], 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 Services in

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

recover from the Service provider the difference between the cost of such 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 Service Provider’s default.

21.2 Any amount which may be recoverable from the Service Provider in terms of clause 21.1 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 Service Provider.

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22 breach and termination

22.1 Termination in accordance with clause 6 [Term and Cancellation] 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.

22.2 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.

22.3 To the extent that any of the Deliverables and property referred to in clause 22.2 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.

22.4 In the event that this Agreement is terminated by the Service Provider under clause 6 [Term and

Cancellation], or in the event that a Work Order is terminated by Transnet under clause 21 [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 services 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 provision of such services or materials, the Service Provider

will promptly provide such services and materials to Transnet or as it may direct.

22.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and fails to

remedy such breach within thirty [30] 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

liability and without prejudice to any claims which the Aggrieved Party may have for damages

against the Defaulting Party.

22.6 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.

22.7 Transnet may terminate this Agreement at any time within two [2] months of becoming aware of a

change of control of the Service Provider by notice in writing to the 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.

22.8 Notwithstanding this clause 22, Transnet may cancel this Agreementwithout cause by giving thirty

[30] calendar days prior written notice thereof to the Service Provider, or

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22.9 The provisions of clauses 2 [Definitions], 17 [Warranties], 20 [Rights on Cancellation], 25

[Confidentiality], 27 [Limitation of Liability], , 30 [Dispute Resolution] and 35.1 [Governing Law]

shall survive termination or expiry of this Agreement.

23 cessions and assignments as per nt instruction note /2023

23.1 The Service Provider is not allowed to cede its rights for payment in terms of this Agreement

without prior written approval from Transnet. Cession shall only be applicable as follows:

a) Cession must only be applicable to the transfer of right to payment for services rendered by a

Service Provider to an FSP or State Institutions;

b) The written request for cession must be by the Service Provider and not a third party; and

c) The written request by the Service Provider must be accompanied by the cession agreement.

23.2 The Service Provider is prohibited from transferring its rights and obligations to perform under this

contract. Assignments are against the principles of section 217 of the Constitution mainly, fairness,

transparency and competitiveness.

24 force majeure

24.1 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.

24.2 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

forcemajeure. If a Party fails to agree with such modifications proposed by the other Party within

ninety [90] calendar days of the act of force majeure first occurring, either Party may thereafter

terminate this Agreement with immediate notice.

25 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 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

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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;

viii. such personal information is protected against unauthorised or unlawful processing, accidental

loss, destruction or damage, alteration, disclosure or access.

25.1 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.

25.2 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.

25.3 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.

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25.4 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.

25.5 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.

25.6 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.

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.

26 confidentiality

26.1 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,

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

Agreement between Transnet and .........

For the provision of eradication of invasive alien plants around the Port of Durban for a period of thirty-six (36) months

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

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.

26.2 The duties and obligations with regard to Confidential Information in this clause 25 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

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

Agreement between Transnet and .........

For the provision of eradication of invasive alien plants around the Port of Durban for a period of thirty-six (36) months

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.

26.3 This clause 25 shall survive termination for any reason of this Agreement and shall remain in force

and effect from the Commencement Date of this Agreement and five [5] years after the

termination of this Agreement. Upon termination of this Agreement, all documentation furnished to

the 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.

27 insurances

27.1 Without limiting the liability of the Service Provider under this Agreement, the Service Provider shall

take out insurance in respect of all risks for which it is prudent for the 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 Service Provider.

27.2 The 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 thirty [30] calendar days after

date of policy renewals.

27.3 Subject to clause 27.4 below, if the Service Provider fails to effect adequate insurance under this

clause 26, 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 Service

Provider. The Service Provider shall promptly reimburse Transnet for any premiums paid provided

such insurance protects the Service Provider’s liability. Transnet assumes no responsibility for such

insurance being adequate to protect all of the Service Provider’s liability.

27.4 In the event that the Service Provider receives written notice from its insurers advising of the

termination of its insurance cover referred to in clause 27.1 above or if the insurance ceases to be

available upon commercially reasonable terms, the Service Provider shall immediately notify

Transnet in writing of such termination and/or unavailability, whereafter either the Service Provider

or Transnet may terminate this Agreement on giving the other Party not less than thirty [30]

calendar days prior written notice to that effect.

28 limitation of liability

28.1 The Service Provider’s liability under this clause 27 shall be in addition to any warranty or condition

of any kind, express or implied by law or otherwise, relating to the Services or ancillary Services,

including the quality of the Services or ancillary Services or any materials delivered pursuant to this

Agreement.

28.2 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

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

Agreement between Transnet and .........

For the provision of eradication of invasive alien plants around the Port of Durban for a period of thirty-six (36) months

b) fraud or theft.

28.3 The 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 or third pary to the extent that it results from any act of or omission

by the Service Provider or its Personnel in connection with this Agreement.

28.4 Subject always to clauses 28.1 and 28.2 above, the liability of either the 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 one hundred per cent [100%] of the Fees paid under the

schedule or Work Order to which the Default(s) relates.

28.5 Subject to clauses 28.1 to 28.4 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.

28.6 If for any reason the exclusion of liability in clause 28.5 above is void or unenforceable, either

Party’s total liability for all loss or damage under this Agreement shall be as provided in clause 28.3

above.

28.7 Nothing in this clause 27 shall be taken as limiting the liability of the Parties in respect of clauses 25

[Confidentiality]

29 non-waiver

29.1 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.

29.2 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.

30 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: .................................................... 7

9 general obligations of the service provider .......................................................................... 7

10 service provider’s personnel ..................................................................................................... 9

11 subcontracting .......................................................................................................................... 10

12 payment to sub-contractors .................................................................................................... 10

13 b-bbee and socio-economic obligations .................................................................................. 11

14 penalties ..................................................................................................................................... 11

15 fees and expenses relating to services .................................................................................. 12

16 invoices and payment................................................................................................................. 12

17 price adjustments ...................................................................................................................... 13

18 warranties applicable to services .......................................................................................... 13

19 third party indemnity ............................................................................................................... 14

20 total or partial failure to perform ....................................................................................... 15

21 rights on cancellation ................................................................................

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

2.1 AFSA means the Arbitration Foundation of Southern 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 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 Assignment refers to the transfer of rights and obligations in a contract from an assigner to an

assignee.

2.4 Business Day(s) means Mondays to Fridays between 08:00 and 16:00, excluding public holidays

as proclaimed in South Africa;

2.5 Cession refers to the transfer of only the rights a service provider has in terms of a contract from it

to a third party.

2.6 Commencement Date means TBA, notwithstanding the signature date of this Agreement;

2.7 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

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

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

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

part thereof;

2.21 Subcontractor means the third party with whom the Service Provider enters into a Subcontract;

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

from time to time;

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

from time to time; and

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

2.25 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 of this Agreement is TBA

and the duration shall be for thirty- six (36) months period, expiring on TBA, 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

For the provision of eradication of invasive alien plants around the Port of Durban for a period of thirty-six (36) months

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

to the delivery of the 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 Services and ancillary Services

and the conduct of the business and activities of the 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

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

For the provision of eradication of invasive alien plants around the Port of Durban for a period of thirty-six (36) months

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

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

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

purpose of, but not limited to, risk assessment, contract award, contract management, auditing, legal

Transnet Agreement No TNPA/2025/10/0007/107872/RFP of 25

33.1 The Parties hereby confirm that this Agreement constitutes the whole and only agreement between

them with regard to the subject matter of this Agreement.

33.2 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.

The alien invasive species present within the Port of Durban are listed in Table 1. Table 1: Showing the alien invasive plants found in Port of Durban. Castor Oil Ricinuscommunis 2 Medium Lantana Lantanacamara 1b Medium Chromoleana Chromolaenaodorata 1b Medium

{"briefingSession":"{"date":null,"time":null,"venue":"ure of the work, the conditions under which the work is to be done, the means of access to","is_compulsory":true}"}

Transnet National Ports Authority (TNPA), as the landowner of the Port of Durban, is currently

facing a serious environmental threat due to the widespread of invasive alien plant species such as

Brazilian Pepper, Yellow Bell, Castor Oil, Lantana, and Chromolaena. These species negatively

impact indigenous vegetation, reduce biodiversity, and compromise the ecological integrity of the

port environment, with potential long-term effects on infrastructure and operational efficiency.

TNPA is legally bound by environmental legislation to manage and control invasive species within

its jurisdiction. In particular, the Conservation of Agricultural Resources Act (Act No. )

requires landowners to prevent the spread of declared alien vegetation. Additionally, the Alien and

Invasive Species Regulations, 2020, issued under Section 97(1) of the National Environmental

Management: Biodiversity Act (NEMBA), 2004 (Act No. ), place a direct legal obligation

on all landowners and persons in control of land to identify, control, and eradicate invasive species

listed under Categories 1a, 1b, 2, and 3. These regulations mandate that reasonable and practical

measures must be implemented to prevent the introduction, establishment, and spread of such

species including the control of seedlings, reproductive parts, and escape pathways. TNPA is

therefore committed to implementing a structured and compliant eradication program to meet

these requirements and protect the port’s natural environment.

Transnet National Ports Authority, Port of Durban, invites proposals from suitably qualified service

providers to undertake the control, removal, and rehabilitation of areas infested by alien invasive

plants. The alien invasive species present within the Port of Durban are listed in Table 1.

Table 1: Showing the alien invasive plants found in Port of Durban.

Alien Invasive Plant Scientific Name Category Density

Syringa Meliaazedarach 1b Low

Bugweed Solanummauritianum 1b Low

Brazilian Pepper Schinusterebinthifolius 1b Medium

Balloon Vine Cardiospermumgrandiflorum 1b Low

Giant Reed Arundodonax 1b Low

Leucaena Leucaenaleucocephala 2 Low

Ageratum Ageratumconyzoides 1b Low

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Indian Laurel Litseaglutinosa 1b Low

Peanut-Butter Cassia Sennadidymobotrya 1b Low

Parthenium Weed Partheniumhysterophorus 3 Low

Mauritius Thorn Caesalpiniadecapetala 1b --

Yellow Bell Tecomastans 1b Medium

Morning Glory Ipomoeaindica/Ipomoeapurpurea 1b Low

Prickly Pear Opuntiaspecies(e.g., O.ficus-indica) 1b --

Mexican Poppy Argemone mexicana / Argemone 1b --

ochroleuca

Umbrella Tree Scheffleraactinophylla 1b --

Syzygium cumini – Syzygiumcumini 3 --

Jambolan

Castor Oil Ricinuscommunis 2 Medium

Lantana Lantanacamara 1b Medium

Chromoleana Chromolaenaodorata 1b Medium

The objectives of the invasive alien plants eradication program are:

▪ Identify and map invasive plant species within the Port of Durban and develop a detailed

clearing plan.

▪ Remove invasive plants from the designated areas and conduct ongoing monitoring of

regrowth in accordance with schedules agreed upon between TNPA and the service provider.

▪ Replace alien plants with indigenous plants to rehabilitate the area.

▪ Ensure the clearing plan integrates with port development initiatives and considers current and

planned construction activities.

▪ Apply clearing methods that comply with all relevant legislation, including the norms and

standards of the Working for Water program and the National Environmental Management:

Biodiversity Act and its Alien Invasive Species regulations.

▪ Provide regular progress reports, including mapped areas of cleared invasive plants in both

hard copy and digital formats, with shapefiles detailing cleared zones and the species

composition of invasive plants removed, submitted within agreed timeframes.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

The service provider will be required to carry out the following:

▪ To eradicate alien invasive plant species in identified areas of the Port of Durban and

rehabilitate the affected areas to restore the natural ecosystem.

▪ The service provider will have to conduct monthly invasive alien plants eradication sessions

(Full eradication and removal, to ensure no regrowth).

▪ Upon completion of each phase, the service provider will be required to prepare a consolidated

report that will be detailing the work done. Information that will have to be included in the

report includes:

➢ The section worked and time spent on the site.

➢ The methodology (mechanical, chemical, biological taking into consideration

relevant legal provisions) used to clear/ control the alien invasive species.

➢ Aerial plan/maps to denote spatial spread of alien vegetation in the Port of Durban.

➢ Develop an invasive plant species inventory including common and scientific names,

invasive status, and distribution.

▪ To rehabilitate the area after the removal of the alien invasive plants the service provider must

replant indigenous tree species, preferably local to the Durban region (e.g. Vachellia

xanthophloea, Trichiliaemetica., and Syzygiumguineense).

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

AIP Program: PoD

Figure 1: Aerial photographs of the project area. The project area covers an area of

approximately 110.53 hectares.

Information to be obtained on site

All tenderers must attend the compulsory site inspection to familiarise themselves with the

nature of the work, the conditions under which the work is to be done, the means of access to

the site, any limitations or restrictions that may be imposed by Transnet National Ports

Authority, local or other authorities.

Schedule of Quantities for Invasive Alien Plants Eradication Project at the Port of Durban for a period of 36 Months for the duration of the project SUM 1 R R 2 Report with Aerial Plan/s Once-off 1 R R Invasive Species control plan Once-off 1 R R Alien Vegetation Removal / Clearance Hectares 110.53 R R 4 alien vegetation seeds, etc. And legally Report Per Month 36 R R 5 Management Report Per Year 3 R R 150 Indigenous trees’ to be planted 6 each year for the duration of the contract Per Tree 450 R R Sub Total (Excluding VAT) R R VAT @ 15% R R Total (Including VAT) R R

▪ The service provider must comply with all the relevant sections and regulations of the

Occupational Health and Safety Act, Act No. during the contract period.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

▪ The service provider is required to adhere to all TNPA safety rules and procedures.

To ensure compliance, all personnel involved in the project must attend a TNPA safety

induction at least two weeks prior to the commencement of any work.

▪ The service provider will be required to compile and submit a project specific SHE File, which

will be approved by TNPA, Port of Durban.

Syringa Meliaazedarach 1b Low

Bugweed Solanummauritianum 1b Low

Brazilian Pepper Schinusterebinthifolius 1b Medium

Balloon Vine Cardiospermumgrandiflorum 1b Low

Giant Reed Arundodonax 1b Low

Leucaena Leucaenaleucocephala 2 Low

Ageratum Ageratumconyzoides 1b Low

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Indian Laurel Litseaglutinosa 1b Low

Peanut-Butter Cassia Sennadidymobotrya 1b Low

Parthenium Weed Partheniumhysterophorus 3 Low

Mauritius Thorn Caesalpiniadecapetala 1b --

Yellow Bell Tecomastans 1b Medium

Morning Glory Ipomoeaindica/Ipomoeapurpurea 1b Low

Prickly Pear Opuntiaspecies(e.g., O.ficus-indica) 1b --

Mexican Poppy Argemone mexicana / Argemone 1b --

ochroleuca

Umbrella Tree Scheffleraactinophylla 1b --

Syzygium cumini – Syzygiumcumini 3 --

▪ Provide regular progress reports, including mapped areas of cleared invasive plants in both

hard copy and digital formats, with shapefiles detailing cleared zones and the species

composition of invasive plants removed, submitted within agreed timeframes.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Scope of Work

Safety Requirements

▪ The service provider must comply with all the relevant sections and regulations of the

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

▪ The service provider is required to adhere to all TNPA safety rules and procedures.

▪ The service provider is responsible for the safe collection, transport, and disposal of all waste

generated during the project.

▪ Waste may include, but is not limited to, alien vegetation, used chemical containers, and

general debris resulting from clearing activities

▪ All waste must be managed according to the National Environmental Management: Waste Act

and municipal by-laws.

▪ Waste must be disposed of at licensed facilities only.

▪ All plant material must be disposed of following appropriate protocols to avoid re-seeding and

further spread of invasive species.

▪ If using a TNPA-licensed waste contractor, the service provider must submit a signed

agreement with the contractor.

▪ Safe disposal certificates and waste manifests must be provided to TNPA for all disposal

activities.

Time of Delivery

The successful service provider must produce the final deliverables within a timeframe agreed

upon with TNPA from the appointment date.

General

▪ The service provider shall not restrict the free use of any road, right-of-way, or path on

Transnet National Ports Authority property unless he has obtained the approval of the

authority / owner concerned.

▪ No permanent works or structures of any nature will be erected on TNPA’s property.

▪ No material shall be provided by Transnet National Ports Authority.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

▪ Site Access:

➢ Entrance Security Permits: The Contractor shall take out temporary entry permits for

all staff working within the harbour. All costs incurred shall be borne by the Contractor

or his staff and shall be included in the tendered rates.

➢ The contractor must comply with all TNPA, Port of Durban Security requirements while

working in the Port.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Schedule of Quantities

Schedule of Quantities for Invasive Alien Plants Eradication Project at the Port of Durban for a period of 36 Months

Total Cost Item Deliverable Unit Quantity Rate

for 36 months

1 Alien Vegetation Removal SHE File

The SHE File must be kept up to date

for the duration of the project SUM 1 R R

Alien Vegetation Survey

Baseline Alien Vegetation Survey

2 Report with Aerial Plan/s Once-off 1 R R

Invasive Species control plan Once-off 1 R R

Alien Vegetation Removal

Alien Vegetation Removal / Clearance Hectares 110.53 R R

Waste Disposal Services

Disposal of alien vegetation / soil with

4 alien vegetation seeds, etc. And legally

Compliant Safe Disposal certificates &

Waste Manifests Per Month 36 R R

Alien Vegetation Removal Project Reports

Alien Vegetation removal / Clearance

Report Per Month 36 R R 5

Yearly Consolidated Alien Vegetation

Management Report Per Year 3 R R

Planting of Indigenous Plants

150 Indigenous trees’ to be planted 6

each year for the duration of the

contract Per Tree 450 R R

Sub Total (Excluding VAT) R R

VAT @ 15% r r

Total (Including VAT) R R

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Total Amount in Words (Excl. VAT)

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

Witnesses:

1. ...................................................................... Contractor: ............................................................

2. ........................................................................ Date: ...................................................................

Witnesses:

1. ...................................................................... Tnpa: ...................................................................

2. ........................................................................ Date: ...................................................................

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Annexure A: Aerial photograph of the port and areas to be eradicated.

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Introduction ........................................................................................................................................................ 2

Scope of Work ................................................................................................................................................... 4

Information to be obtained on site ..................................................................................................................... 5

Safety Requirements ......................................................................................................................................... 5

Waste Management .......................................................................................................................................... 6

Time of Delivery ................................................................................................................................................. 6

General .............................................................................................................................................................. 6

Schedule of Quantities ...................................................................................................................................... 8

Annexure A: Aerial photograph of the port and areas to be eradicated. ........................................................ 10

Specification for Invasive Alien Plants Eradication Project at the Port of Durban for 36 Months

of 10

Introduction

Transnet National Ports Authority (TNPA), as the landowner of the Port of Durban, is currently

facing a serious environmental threat due to the widespread of invasive alien plant species such as

its jurisdiction. In particular, the Conservation of Agricultural Resources Act (Act No. )

requires landowners to prevent the spread of declared alien vegetation. Additionally, the Alien and

Invasive Species Regulations, 2020, issued under Section 97(1) of the National Environmental

Management: Biodiversity Act (NEMBA), 2004 (Act No. ), place a direct legal obligation

on all landowners and persons in control of land to identify, control, and eradicate invasive species

listed under Categories 1a, 1b, 2, and 3. These regulations mandate that reasonable and practical

measures must be implemented to prevent the introduction, establishment, and spread of such

species including the control of seedlings, reproductive parts, and escape pathways. TNPA is

therefore committed to implementing a structured and compliant eradication program to meet

these requirements and protect the port’s natural environment.

▪ Identify and map invasive plant species within the Port of Durban and develop a detailed

clearing plan.

▪ Remove invasive plants from the designated areas and conduct ongoing monitoring of

regrowth in accordance with schedules agreed upon between TNPA and the service provider.

▪ Replace alien plants with indigenous plants to rehabilitate the area.

▪ Ensure the clearing plan integrates with port development initiatives and considers current and

planned construction activities.

▪ Apply clearing methods that comply with all relevant legislation, including the norms and

standards of the Working for Water program and the National Environmental Management:

induction at least two weeks prior to the commencement of any work.

▪ The service provider will be required to compile and submit a project specific SHE File, which

will be approved by TNPA, Port of Durban.

Waste Management

▪ The service provider is responsible for the safe collection, transport, and disposal of all waste

generated during the project.

▪ Waste may include, but is not limited to, alien vegetation, used chemical containers, and

general debris resulting from clearing activities

▪ All waste must be managed according to the National Environmental Management: Waste Act

and municipal by-laws.

▪ Waste must be disposed of at licensed facilities only.

▪ All plant material must be disposed of following appropriate protocols to avoid re-seeding and

further spread of invasive species.

▪ If using a TNPA-licensed waste contractor, the service provider must submit a signed

agreement with the contractor.

▪ Safe disposal certificates and waste manifests must be provided to TNPA for all disposal

activities.

Waste Manifests Per Month 36 R R

upon with TNPA from the appointment date.

Tip-Off Anonymous hotline: 0800 003 056 (for reporting dishonest, fraudulent, or corrupt behavior by Transnet employees).

Bidders must confirm that competitors (as defined by Transnet) include any individual or organization:

• Requested to submit a bid for this invitation.
• Potentially capable of submitting a bid based on qualifications, abilities, or experience.
• Providing the same goods/services or operating in the same line of business as the bidder.
• Bidders must certify that their bid was prepared independently, without consultation or collusion with competitors.

Bidders must ensure pricing is:

• Competitive and reasonable, conforming to defined specifications.
• Free from anti-competitive practices, bad-faith negotiations, or under-pricing.
• Transparent and unbiased throughout the bidding, evaluation, contracting, and implementation stages.

Bidders must:

• Sign and comply with the Transnet Supplier Integrity Pact as part of the bid submission.
• Declare no previous transgressions (e.g., corruption, fraud, theft, extortion, or Competition Act violations) in the last 5 years with any public or private sector entity.
• Ensure their name (or any members, directors, partners, or trustees) does not appear on the National Treasury’s Register of Tender Defaulters or List of Restricted Suppliers.
• Disclose any conflicts of interest (e.g., family, business, or social relationships with Transnet employees) in the RFX Declaration Form.
• Not subcontract to restricted companies.
• Uphold the 10 principles of the United Nations Global Compact (UNGC) in Human Rights, Labour, Environment, and Anti-Corruption.
• Provide a copy of their code of conduct if requested, addressing compliance programs and rejection of bribery.
• Avoid collusion, bribery, or any corrupt practices during bidding, evaluation, contracting, or implementation.
• Submit accurate B-BBEE and Local Content certifications; false statements may lead to disqualification or exclusion for up to 10 years.

Bidders must uphold the following UN Global Compact environmental principles:

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

Contractual terms include:

• The Integrity Pact is governed by South African law and applies indefinitely unless canceled by either party.
• Disputes must be resolved amicably; litigation in bad faith (e.g., vexatious proceedings, perjury, scurrilous allegations, or abuse of court process) will result in exclusion from future business.
• Transnet reserves the right to:
• Exclude bidders from the process or cancel contracts without compensation for violations.
• Recover payments made, encash performance bonds, or cancel other contracts.
• Exclude bidders from future bids with Transnet or other organs of state for up to 10 years (or longer for severe misconduct).
• Penalize suppliers up to 10% of the contract value for undeclared subcontracting.
• Restrictions may be revoked if the bidder restores damages and implements corruption prevention systems.
• Grounds for restriction include: bad-faith bid withdrawal, failure to sign contracts, unsatisfactory performance, bribery, fraud, false statements (e.g., B-BBEE or Local Content), or litigation in bad faith.