Tenders

Returnable documents: all returnable documents listed in the rfx documents must be submitted with respondent’s bid. Failure to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other schedules / documents may result in disqualification. Of 11 TRANSNET general bid conditions 12 defaults by respondents if the respondent, after IT has been notified of the acceptance of its bid fails to: 12.1 Enter into a formal contract when called upon to do so within such period as TRANSNET may specify; or 12.2 Accept an order in terms of the bid; 12.3 Furnish satisfactory security when called upon to do so for the fulfilment of the contract; or 12.4 Comply with any condition imposed by TRANSNET, TRANSNET may, in any such case, without prejudice to any other legal remedy which IT may have, proceed to accept any other bid or, if IT is necessary to do so, call for bids afresh, and may recover from the defaulting respondent any additional expense incurred by TRANSNET in calling for new offers or in accepting a less favourable offer. 13 currency all monetary amounts referred to in a bid response must be in rand, the currency of the republic of south africa [ZAR], save to the extent specifically permitted in the RFP. 14 prices subject to confirmation 14.1 Prices which are quoted subject to confirmation will not be considered. 15 alterations made by the respondent to bid prices all alterations made by the respondent to its bid price(s) prior to the submission of its bid documents must be done by deleting the incorrect figures and words where required and by inserting the correct figures and words against the items concerned. All such alterations must be initialled by the person who signs the bid documents. Failure to observe this requirement may result in the particular item(s) concerned being excluded in the matter of the award of the business. 16 exchange and remittance 16.1 The respondent should note that where the whole or a portion of the contract or order value is to be remitted overseas, TRANSNET shall, if requested to do so by the supplier/service provider, effect payment overseas directly to the foreign principal or manufacturer of such percentage of the contract or order value as may be stipulated by the respondent in its bid documents. 16.2 IT is transnet’s preference to enter into rand-based agreements. TRANSNET would request, therefore, that the respondent give favourable consideration to obtaining forward exchange cover on the foreign currency portion of the agreement at a cost that is acceptable to TRANSNET to protect itself against any currency rate fluctuation risks for the duration of any resulting contract or order. 16.3 The respondent who desires to avail itself of the aforementioned facility must at the time of bidding furnish the information called for in the exchange and remittance section of the bid documents and also furnish full details of the principals or manufacturer to whom payment is to be made. 16.4 The south african reserve bank’s approval is required before any foreign currency payments can be made to or on behalf of respondents. 16.5 TRANSNET will not recognise any claim for adjustment of the order and/or contract price if the increase in price arises after the date on which the goods/services were to be delivered, as set out in the order and/or contract, or any subsequent agreement between the parties. 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 domiciliumcitandietexecutandi 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 24 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 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 of 11 TRANSNET general bid conditions days or holidays, and of periods occupied in stocktaking or in effecting repairs to or overhauling plant, which would ordinarily occur within the delivery period given by the respondent. 25.2 Respondents must furnish their bid prices in the price schedule of the bid documents on the following basis, local supplies - prices for goods to be manufactured, produced or assembled in the republic of south africa, or imported supplies held in south africa, to be quoted on a delivered RSA named destination basis., Imported supplies - prices for goods to be imported from all sources to be quoted on a delivered duty paid [latest icc incoterms] basis, to end destination in south africa, unless otherwise specified in the bid price schedule. 26 export licence the award of a bid for goods to be imported may be subject to the issue of an export licence in the country of origin or supply. If required, the supplier/service provider’s manufacturer or forwarding agent shall be required to apply for such licence. 27 quality of material unless otherwise stipulated, the goods offered shall be new i.e. In unused condition, neither second-hand nor reconditioned. 28 deletion of items excluded from bid the respondent must delete items for which IT has not tendered or for which the price has been included elsewhere in its bid. 29 value-added tax 29.1 In respect of local supplies, i.e. Goods to be manufactured, produced or assembled in the republic of south africa, or imported supplies held or already in transit to south africa, the prices quoted by the respondent are to be inclusive of VAT which must be shown separately at the standard rate on the tax invoice. 29.2 In respect of foreign services rendered, the invoicing by a south african service provider on behalf of its foreign principal rendering such service represents a service rendered by the principal; and, the service provider’s tax invoice(s) for the local portion only [i.e. The "commission" for the services rendered locally] must show the VAT separately. 30 important notice to respondents regarding payment 30.1 Method of payment, the attention of the respondent is directed to the terms and conditions of contract which set out the conditions of payment on which bid price(s) shall be based., 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 30.1 (A) above. Failure to comply with clause 30.1 (A) above may preclude a bid from further consideration. Note: the successful respondent [the supplier/service provider] shall, where applicable, be required to furnish a guarantee covering any advance payments. 30.2 Conditional discount respondents offering prices which are subject to a conditional discount applicable for payment within a specific period are to note that the conditional period will be calculated as from the date of receipt by TRANSNET of the supplier/service provider’s month-end statement reflecting the relevant tax invoice(s) for payment purposes, provided the conditions of the order or contract have been fulfilled and the tax invoice is correct in all respects as referred to in the contract or order. Incomplete and/or incorrect tax invoices shall be returned and the conditional period will be recalculated from the date of receipt of the correct documentation. 31 contract quantities and delivery requirements 31.1 Contract quantities, IT must be clearly understood that although TRANSNET does not bind itself to purchase a definitive quantity under any contract which may be entered into pursuant to this bid, the successful respondent nevertheless undertakes to supply against the contract such quantities as may be ordered against the contract, which orders are posted or delivered by hand or transmitted electronically on or before the expiry date of such contract., IT is furthermore a condition that TRANSNET will not accept liability for any material/stocks specially ordered or carried by the respondent with a view to meeting the requirements under any such contract., The estimated planned quantities likely to be ordered by TRANSNET per annum are furnished in relevant section of the bid documents. For avoidance of doubt the estimated quantities are estimates and TRANSNET reserves the right to order only those quantities sufficient for its operational requirements. 31.2 Delivery period, period contracts and fixed quantity requirements IT will be a condition of any resulting contract/order that the delivery period embodied therein will be governed by the provisions of the terms and conditions of contract., Progress reports the supplier/service provider may be required to submit periodical progress reports with regard to the delivery of the goods/services., Emergency demands as and when required if, due to unforeseen circumstances, supplies of the goods/services covered by the bid are required at short notice for immediate delivery, the supplier/service provider will be given first right of refusal for such business. If IT is unable to meet the desired critical delivery period, TRANSNET reserves the right to purchase such supplies as may be required to meet the emergency outside the contract if immediate delivery can be offered from any other source. The totalorpartialfailuretoperformthe of 11 TRANSNET general bid conditions scope of supply section in the terms and conditions of contract will not be applicable in these circumstances. 32 plans, drawings, diagrams, specifications and documents 32.1 Copyright copyright in plans, drawings, diagrams, specifications and documents compiled by the supplier/service provider for the purpose of contract work shall be governed by the intellectual property rights section in the terms and conditions of contract. 32.2 Drawings and specifications in addition to what may be stated in any bid document, the respondent should note that, unless notified to the contrary by TRANSNET or a designated official by means of an official amendment to the bid documents, IT is required to tender for goods/services strictly in accordance with the drawings and/or specifications supplied by TRANSNET, notwithstanding that IT may be aware that alterations or amendments to such drawings or specifications are contemplated by TRANSNET. 32.3 Respondent’s drawings drawings required to be submitted by the respondent must be furnished before the closing time and date of the bid. The non-receipt of such drawings by the appointed time may disqualify the bid. 32.4 Foreign specifications the respondent quoting for goods/services in accordance with foreign specifications, other than british and american standards, is to submit translated copies of such specifications with the bid. In the event of any departures or variations between the foreign specification(s) quoted in the bid documents, full details regarding such departures or variations must be furnished by the respondent in a covering letter attached to the bid. Non-compliance with this condition may result in disqualification. 33 bids by or on behalf of foreign respondents 33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its south african representative or agent to the designated official of TRANSNET according to whichever officer is specified in the bid documents. 33.2 In the case of a representative or agent, written proof must be submitted to the effect that such representative or agent has been duly authorised to act in that capacity by the principal. Failure to submit such authorisation by the representative or agent shall disqualify the bid. 33.3 When legally authorised to prepare and submit bids on behalf of their principals not domiciled in the republic of south africa, representatives or agents must compile the bids in the names of such principals and sign them on behalf of the latter. 33.4 South african representatives or agents of a successful foreign respondent must when so required enter into a formal contract in the name of their principals and must sign such contract on behalf of the latter. In every such case a legal power of attorney from their principals must be furnished to TRANSNET by the south african representative or agents authorising them to enter into and sign such contract., Such power of attorney must comply with rule 63 (authentication of documents executed outside the republic for use within the republic) of the uniform rules of court: rules regulating the conduct of the proceedings of the several provincial and local divisions of the supreme court of south africa., The power of attorney must be signed by the principal under the same title as used in the bid documents. Of 11 TRANSNET general bid conditions, if a power of attorney held by the south african representative or agent includes matters of a general nature besides provision for the entering into and signing of a contract with TRANSNET, a certified copy thereof should be furnished., The power of attorney must authorise the south african representative or agent to choose the domiciliumcitandietexecutandi. 33.5 If payment is to be made in south africa, the foreign supplier/service provider [i.e. The principal, or its south african agent or representative], must notify TRANSNET in writing whether, for payment by electronic funds transfer [eft], funds are to be transferred to the credit of the foreign supplier/service provider's account at a bank in south africa, in which case the name and branch of such bank shall be furnished; or, funds are to be transferred to the credit of its south african agent or representative, in which case the name and branch of such bank shall be furnished. 33.6 The attention of the respondent is directed to clause 24 above [securities] regarding the provision of security for the fulfilment of contracts and orders and the manner and form in which such security is to be furnished. 34 database of restricted suppliers the process of restriction is used to exclude a company/person from conducting future business with TRANSNET and other organs of state for a specified period. NO bid shall be awarded to a bidder whose name (or any of its members, directors, partners or trustees) appear on the register of tender defaulters kept by national treasury, or who have been placed on national treasury’s list of restricted suppliers. TRANSNET reserves the right to withdraw an award, or cancel a contract concluded with a bidder should IT be established, at any time, that a bidder has been restricted with national treasury by another government institution. 35 conflict with issued rfx document 35.1 Should a conflict arise between these general bid conditions and the issued rfx document, the conditions stated in the rfx document shall prevail. Ooooooooo of 11

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