Supply of real time locomotive GPS tracker for 5.5 Years – national RFP

{"closingDate":"28 May 2026","briefingSession":"{"date":null,"time":null,"venue":"ION BEFORE THE CLOSING DATE ............................................................................................ 4","is_compulsory":false}"}

{"name":"Dr E Molobi","email":null,"phone":null,"department":null,"address":"component failures."}

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 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. of 11 Transnet General Bid Conditions, The Respondent is required to give full particulars of the terms that will be applicable to its alternative offer(s) and the financial merits thereof will be evaluated and taken into consideration when the Bid is adjudicated., The Respondent must, therefore, in the first instance, tender strictly in accordance with clause 30.1 (a) above. Failure to comply with clause 30.1 (a) above may preclude a Bid from further consideration. NOTE: The successful Respondent [the Supplier/Service Provider] shall, where applicable, be required to furnish a guarantee covering any advance payments. 30.2 Conditional Discount Respondents offering prices which are subject to a conditional discount applicable for payment within a specific period are to note that the conditional period will be calculated as from the date of receipt by Transnet of the Supplier/Service Provider’s month-end statement reflecting the relevant Tax Invoice(s) for payment purposes, provided the conditions of the order or contract have been fulfilled and the Tax Invoice is correct in all respects as referred to in the contract or order. Incomplete and/or incorrect Tax Invoices shall be returned and the conditional period will be recalculated from the date of receipt of the correct documentation. 31 CONTRACT QUANTITIES AND DELIVERY REQUIREMENTS 31.1 Contract Quantities, It must be clearly understood that although Transnet does not bind itself to purchase a definitive quantity under any contract which may be entered into pursuant to this Bid, the successful Respondent nevertheless undertakes to supply against the contract such quantities as may be ordered against the contract, which orders are posted or delivered by hand or transmitted electronically on or before the expiry date of such contract., It is furthermore a condition that Transnet will not accept liability for any material/stocks specially ordered or carried by the Respondent with a view to meeting the requirements under any such contract., The estimated planned quantities likely to be ordered by Transnet per annum are furnished in relevant section of the Bid Documents. For avoidance of doubt the estimated quantities are estimates and Transnet reserves the right to order only those quantities sufficient for its operational requirements. 31.2 Delivery Period, Period Contracts and Fixed Quantity Requirements It will be a condition of any resulting contract/order that the delivery period embodied therein will be governed by the provisions of the Terms and Conditions of Contract., Progress Reports The Supplier/Service Provider may be required to submit periodical progress reports with regard to the delivery of the Goods/Services., Emergency Demands as and when required 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, of 11 Transnet General Bid Conditions Transnet reserves the right to purchase such supplies as may be required to meet the emergency outside the contract if immediate delivery can be offered from any other source. The TotalorPartialFailuretoPerformtheScopeofSupply section in the Terms and Conditions of Contract will not be applicable in these circumstances. 32 PLANS, DRAWINGS, DIAGRAMS, SPECIFICATIONS AND DOCUMENTS 32.1 Copyright Copyright in plans, drawings, diagrams, specifications and documents compiled by the Supplier/Service Provider for the purpose of contract work shall be governed by the Intellectual Property Rights section in the Terms and Conditions of Contract. 32.2 Drawings and specifications In addition to what may be stated in any Bid Document, the Respondent should note that, unless notified to the contrary by Transnet or a designated official by means of an official amendment to the Bid Documents, it is required to tender for Goods/Services strictly in accordance with the drawings and/or specifications supplied by Transnet, notwithstanding that it may be aware that alterations or amendments to such drawings or specifications are contemplated by Transnet. 32.3 Respondent’s drawings Drawings required to be submitted by the Respondent must be furnished before the closing time and date of the Bid. The non-receipt of such drawings by the appointed time may disqualify the Bid. 32.4 Foreign specifications The Respondent quoting for Goods/Services in accordance with foreign specifications, other than British and American standards, is to submit translated copies of such specifications with the Bid. In the event of any departures or variations between the foreign specification(s) quoted in the Bid Documents, full details regarding such departures or variations must be furnished by the Respondent in a covering letter attached to the Bid. Non-compliance with this condition may result in disqualification. 33 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS 33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South African representative or agent to the 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. of 11 Transnet General Bid Conditions, Such Power of Attorney must comply with Rule 63 (Authentication of documents executed outside the Republic for use within the Republic) of the Uniform Rules of Court: Rules regulating the conduct of the proceedings of the several provincial and local divisions of the Supreme Court of South Africa., The Power of Attorney must be signed by the principal under the same title as used in the Bid Documents., If a Power of Attorney held by the South African representative or agent includes matters of a general nature besides provision for the entering into and signing of a contract with Transnet, a certified copy thereof should be furnished., The Power of Attorney must authorise the South African representative or agent to choose the domiciliumcitandietexecutandi. 33.5 If payment is to be made in South Africa, the foreign Supplier/Service Provider [i.e. the principal, or its South African agent or representative], must notify Transnet in writing whether, for payment by electronic funds transfer [EFT], funds are to be transferred to the credit of the foreign Supplier/Service Provider's account at a bank in South Africa, in which case the name and branch of such bank shall be furnished; or, funds are to be transferred to the credit of its South African agent or representative, in which case the name and branch of such bank shall be furnished. 33.6 The attention of the Respondent is directed to clause 24 above [Securities] regarding the provision of security for the fulfilment of contracts and orders and the manner and form in which such security is to be furnished. 34 DATABASE OF RESTRICTED SUPPLIERS The process of restriction is used to exclude a company/person from conducting future business with Transnet and other organs of state for a specified period. No Bid shall be awarded to a Bidder whose name (or any of its members, directors, partners or trustees) appear on the Register of Tender Defaulters kept by National Treasury, or who have been placed on National Treasury’s List of Restricted Suppliers. Transnet reserves the right to withdraw an award, or cancel a contract concluded with a Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 35 CONFLICT WITH ISSUED RFX DOCUMENT 35.1 Should a conflict arise between these General Bid Conditions and the issued RFX document, the conditions stated in the RFX document shall prevail. oooOOOooo of 11

Bidders must: 1) Submit a valid tax clearance certificate and proof of registration with the Compensation Fund or a licensed insurer. 2) Provide a detailed Health and Safety Plan, including a risk assessment, safe work procedures, and a safety cost breakdown. 3) Submit a Business Impact Analysis and Business Continuity Plan. 4) Provide a Risk Management Plan with a risk register. 5) Sign and comply with the Transnet Supplier Integrity Pact and Non-Disclosure Agreement. 6) Provide evidence of financial stability and technical capability to deliver a SaaS-based tracking solution. 7) For cross-border operations, demonstrate the ability to obtain and maintain all required regulatory certifications (e.g., ICASA type approval). 8) Submit a valid B-BBEE verification certificate. 9) Not be listed on the National Treasury's Register of Tender Defaulters or List of Restricted Suppliers.

Release Date Authorised

1. All Initial release Justice Ngwenyama January 2025
2. 5.8 Communication Addition of cross border Justice Ngwenyama

and Connectivity communication May 2026

Requirements requirements

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BBH 7777 Version 2

Provision of locomotive GPS tracking service

operational data.

3 = Secure standards-based API access is documented (1.1%).

4 = Fully compliant implementation with validated secure API capability with technical proof (1.4%).

0 = No encrypted API communication provided (0%).

1 = API transport encryption is absent (0.4%).

API & Data

SyS-REQ020: The API shall support encrypted communication 2 = Encryption is mentioned but protocol suitability is unclear (0.7%).

Interoperability 1.4%

using industry-accepted transport security protocols.

3 = Industry-accepted encrypted transport is documented (1.1%).

4 = Fully compliant implementation with validated encrypted API communication with security proof

(1.4%).

0 = No real-time and historical API retrieval provided (0%).

1 = API does not retrieve location data (0.4%).

API & Data

SyS-REQ021: The API shall provide capabilities to retrieve both

Interoperability 2 = API retrieves only current or only historical data (0.7%). 1.4%

real-time (current) and historical location data.

3 = API supports both real-time and historical retrieval (1.1%).

4 = Fully compliant implementation with validated dual retrieval capability with API proof (1.4%).

0 = No efficient API query filtering and time-based search provided (0%).

1 = API has no filtering or time-based query capability (0.4%).

SyS-REQ022: The solution shall support efficient query API & Data

2 = Query mechanisms are limited or inefficient (0.7%).

mechanisms to enable filtering, time-based searches, and Interoperability 1.4%

structured data retrieval as required by TFR systems. Specification

3 = Filtering, time search, and structured retrieval are documented (1.1%).

4 = Fully compliant implementation with validated efficient query performance with API proof

(1.4%).

0 = No machine-readable API data formats provided (0%).

SyS-REQ023: The API shall support structured, machine- 1 = API output is not machine-readable (0.4%).

readable data formats commonly adopted in enterprise API & Data

environments (e.g., JSON, XML, or equivalent). Bidders may Interoperability 2 = JSON, XML, or equivalent format support is partial (0.7%). 1.4%

propose the most appropriate data format, provided Specification

interoperability with TFR enterprise systems is ensured. 3 = Machine-readable data formats are documented (1.1%).

4 = Fully compliant implementation with validated structured format support with API proof (1.4%).

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0 = No comprehensive API documentation provided (0%).

SyS-REQ024: Comprehensive API documentation shall be

provided, including:

1 = API documentation is not provided (0.4%).

• Endpoint definitions or interface specifications
• Authentication and authorization requirements API & Data

2 = Documentation omits key endpoint, authentication, or error details (0.7%).

• Sample requests and responses Interoperability 1.4%
• Error handling descriptions and response codes Specification

3 = Comprehensive API documentation is provided (1.1%).

• Usage guidelines and integration examples
• Documentation shall be sufficient to enable independent

4 = Fully compliant implementation with complete developer-ready API documentation with proof

integration by TFR technical teams.

(1.4%).

SyS-REQ025: The bidder shall provide high-level and detailed 0 = No end-to-end data-flow architecture documentation provided (0%).

architecture documentation illustrating the end-to-end data flow

from onboard GPS devices through communication networks to 1 = Architecture documentation is absent (0.4%).

backend infrastructure and API interfaces. The architecture

API & Data

documentation shall clearly identify: 2 = Data-flow documentation is high level or incomplete (0.7%).

Interoperability 1.4%

• Data acquisition components

• Communication mechanisms 3 = High-level and detailed data-flow architecture is documented (1.1%).

• Storage infrastructure

• API exposure layer 4 = Fully compliant implementation with validated end-to-end architecture proof from device to

• Security controls backend (1.4%).

0 = No API logging and audit mechanisms provided (0%).

1 = API audit logging is absent (0.132%).

SyS-REQ026: The system shall implement logging and audit API & Data

mechanisms to record all API access attempts, transactions, Interoperability 2 = Logging exists but lacks transactions, configuration, or admin traceability (0.264%). 0.528%

configuration changes, and administrative actions. Specification

3 = API access, transaction, configuration, and admin logs are documented (0.396%).

4 = Fully compliant implementation with validated audit logging with traceability proof (0.528%).

0 = No audit-log traceability and security monitoring provided (0%).

1 = Audit logs do not support traceability (0.132%).

API & Data

SyS-REQ027: Audit logs shall support traceability, security 2 = Traceability or monitoring support is incomplete (0.264%).

Interoperability 0.528%

monitoring, and compliance with TFR governance requirements.

3 = Audit logs support governance traceability and security monitoring (0.396%).

4 = Fully compliant implementation with validated compliance-ready audit logging with proof

(0.528%).

0 = No API access-control enforcement provided (0%).

1 = Access control is absent (0.132%).

SyS-REQ028: The system shall implement robust access control API & Data

2 = Permissions exist but enforcement is unclear (0.264%).

mechanisms to manage and enforce permissions for accessing Interoperability 0.528%

data and performing API operations. Specification

3 = Robust API permissions and access controls are documented (0.396%).

4 = Fully compliant implementation with validated permission enforcement with security proof

(0.528%).

0 = No role-based access control provided (0%).

SyS-REQ029: The solution shall support role-based access 1 = Role-based access is absent (0.132%).

control (RBAC) or equivalent authorization models, enabling the

API & Data

definition of user roles and associated permissions (e.g., read, 2 = Roles are defined but permissions are incomplete or unclear (0.264%).

Interoperability 0.528%

write, modify, delete). Permissions shall govern access to data

sets and API functionality in accordance with TFR security 3 = RBAC or equivalent authorization model is documented (0.396%).

policies.

4 = Fully compliant implementation with validated role and permission model with security proof

(0.528%).

0 = No secure API authentication and authorization provided (0%).

1 = Secure authentication is absent (0.132%).

SyS-REQ030: The system shall provide secure authentication

API & Data

and authorization mechanisms for API consumers using industry-

Interoperability 2 = Authentication exists but recognized standards are unclear (0.264%). 0.528%

recognised standards (e.g., token-based authentication,

certificate-based authentication, or equivalent).

3 = Standards-based authentication and authorization are documented (0.396%).

4 = Fully compliant implementation with validated secure auth implementation with proof (0.528%).

0 = No proposed authentication model description provided (0%).

1 = Authentication model is not described (0.132%).

SyS-REQ031: The bidder shall describe the proposed API & Data

2 = Model is described but enterprise alignment is weak (0.264%).

authentication model and demonstrate alignment with Interoperability 0.528%

enterprise security best practices. Specification

3 = Authentication model aligns with enterprise security practices (0.396%).

4 = Fully compliant implementation with validated enterprise-grade authentication model with proof

(0.528%).

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SyS-REQ032: -The GPS tracking module may be powered either 0 = No GPS module power-supply architecture provided (0%).

through connection to the locomotive electrical supply or

through an internal battery solution, or a hybrid combination 1 = Power approach is not specified (0.132%).

thereof, at the discretion of the bidder. Product Technical

-The proposed power architecture shall ensure continuous and Documentation 2 = Wired, battery, or hybrid option is partly described (0.264%).

0.528%

reliable operation of the module for the full duration of the System Architecture

contract period. Documentation 3 = Power option is clearly documented (0.396%).

-The bidder shall clearly describe the proposed power strategy

and demonstrate its suitability for the locomotive operating 4 = Fully compliant implementation with validated power architecture with operating proof

environment. (0.528%).

0 = No diesel and electric locomotive supply compatibility provided (0%).

SyS-REQ033: Where the solution interfaces with locomotive 1 = Locomotive electrical compatibility is not addressed (0.132%).

electrical systems, it shall be compatible with both diesel and Product Technical

electric locomotive supply conditions and shall be designed to Documentation 2 = Compatibility is claimed for only some supply conditions (0.264%).

0.528%

tolerate typical railway voltage variations and transients in System Architecture

accordance with recognised railway environmental and power Documentation 3 = Diesel and electric supply compatibility is documented (0.396%).

standards (e.g., EN 50155 or equivalent).

4 = Fully compliant implementation with validated electrical compatibility with technical proof

(0.528%).

0 = No supported voltage ranges and protection mechanisms provided (0%).

1 = Voltage ranges or protections are not specified (0.132%).

Product Technical

SyS-REQ034: The bidder shall specify the supported voltage Documentation 2 = Voltage support is partial or protection details are unclear (0.264%).

0.528%

ranges and protective mechanisms implemented. System Architecture

Documentation 3 = Supported ranges and protective mechanisms are documented (0.396%).

4 = Fully compliant implementation with validated voltage and protection design with technical proof

(0.528%).

SyS-REQ035: Where a battery-powered solution is proposed,

the module shall:

• Sustain data transmission at the specified reporting intervals 0 = No battery-powered solution performance and servicing provided (0%).
• Operate reliably under the environmental conditions applicable

to TFR operations 1 = Battery life or servicing details are absent (0.4%).

• Minimise battery replacement frequency

Product Technical

• Provide clear battery health monitoring and reporting 2 = Battery performance is partly described but replacement or monitoring is unclear (0.7%). 1.4%

Documentation

capability

• The bidder shall specify: 3 = Battery life, replacement cycle, access method, and health reporting are documented (1.1%).

• Expected battery life at the proposed transmission interval
• Replacement cycle 4 = Fully compliant implementation with validated battery operation and maintenance proof (1.4%).
• Access methodology for battery replacement
• Any operational impact during battery servicing

0 = No uninterrupted, safe, maintainable power solution provided (0%).

SyS-REQ036: The bidder shall demonstrate that the selected

1 = Power solution creates unresolved operational or safety risks (0.4%).

power solution (wired, battery, or hybrid):

-Supports uninterrupted data collection and transmission Product Technical

2 = Continuity, safety, or maintainability is only partly shown (0.7%). 1.4%

-Does not introduce operational safety risks Documentation

-Does not adversely affect locomotive systems

3 = Power solution supports uninterrupted safe operation and maintainability (1.1%).

-Is maintainable within TFR operational constraints

4 = Fully compliant implementation with validated safe power solution with technical proof (1.4%).

0 = No communication architecture and performance monitoring provided (0%).

1 = Communication capability is not described (0.4%).

SyS-REQ037: The solution shall provide a reliable and resilient

Product Technical

communication capability to

Documentation 2 = Communication technology is described but performance measures are incomplete (0.7%).

transmit locomotive data to the designated backend systems at 1.4%

System Architecture

the specified reporting

Documentation 3 = Reliable communication architecture and measurable performance are documented (1.1%).

intervals.

4 = Fully compliant implementation with validated resilient communication performance with

technical proof (1.4%).

0 = No communication technology or performance monitoring provided (0%).

1 = Communication technology is proposed but no measurable performance indicators are defined

SyS-REQ038: The bidder may propose any suitable (0.4%).

communication technology or combination thereof, provided Product Technical

that measurable service performance (e.g., latency, packet Documentation 2 = Some performance metrics are described but are incomplete or not measurable (0.7%).

1.4%

loss, connection stability, and coverage) is demonstrated and System Architecture

made available to TFR for Documentation 3 = Communication technology and measurable service performance (latency, packet loss, stability,

monitoring. coverage) are documented (1.1%).

4 = Fully compliant implementation with validated communication performance metrics and

monitoring (1.4%).

0 = No cross-border tracking capability provided (0%).

1 = Tracking is limited to within South Africa only (0.4%).

SyS-REQ039: For Class 44D locomotives operating in the

Mineral, Mining and Chrome (MMC) Business Unit and intended Product Technical

2 = Cross-border capability is mentioned but continuous availability is not demonstrated (0.7%).

for cross-border operations, the communication solution shall Documentation

1.4%

support continuous tracking data availability both within the System Architecture

3 = Continuous tracking across South Africa and cross-border corridors is documented (1.1%).

Republic of South Africa and across cross-border railway Documentation

corridors outside the borders of South Africa.

4 = Fully compliant implementation with validated continuous cross-border tracking availability with

operational (1.4%).

proof.

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0 = No assurance of tracking data availability across environments or operators (0%).

1 = Responsibility for data availability is not accepted (0.4%).

SyS-REQ040: The successful bidder shall be responsible for

Product Technical

ensuring that tracking data for applicable Class 44D locomotives 2 = Availability is partially addressed but not independent of operator or geography (0.7%).

Documentation

operating in the MMC BU remains available irrespective of the 1.4%

System Architecture

communication environment, network operator, or country in 3 = Tracking data availability across environments, operators, and countries is documented (1.1%).

Documentation

which the locomotive is operating.

4 = Fully compliant implementation with validated resilient data availability across all operating

conditions with (1.4%).

proof.

0 = No responsibility for communication arrangements or infrastructure provided (0%).

1 = Communication responsibility is unclear or partially assigned (0.4%).

SyS-REQ041: The bidder shall be responsible for providing and

Product Technical

maintaining all communication arrangements, technologies, 2 = Some arrangements are described but lack completeness or lifecycle coverage (0.7%).

Documentation

services, and associated infrastructure necessary to support 1.4%

System Architecture

reliable cross-border tracking capability for the duration of the 3 = Full responsibility for communication technologies, services, and infrastructure is documented

Documentation

contract. (1.1%).

4 = Fully compliant implementation with validated end-to-end communication responsibility and

sustained support with proof (1.4%).

0 = No offline data recording or delayed transmission capability provided (0%).

1 = Data loss occurs when communication is unavailable (0.4%).

SyS-REQ042: Where communication is temporarily unavailable, Product Technical

the onboard tracking solution shall continue recording tracking Documentation 2 = Data storage is provided but automatic retransmission is unclear or incomplete (0.7%).

1.4%

data and automatically transmit stored data once System Architecture

communication is restored. Documentation 3 = Data is stored during outages and automatically transmitted upon restoration (1.1%).

4 = Fully compliant implementation with validated store-and-forward capability with no data loss and

performance proof (1.4%).

0 = No legal or regulatory compliance for communication technologies provided (0%).

1 = Regulatory compliance responsibility is not addressed (0.4%).

SyS-REQ043: The successful bidder shall be fully responsible for

ensuring that all communication equipment, spectrum usage, Product Technical

2 = Compliance is partially addressed but lacks completeness across regions (0.7%).

and transmission technologies used in the solution are legally Documentation

1.4%

approved for operation within the Republic of South Africa and, System Architecture

3 = Legal approval for equipment, spectrum, and technologies is documented for all applicable

where Documentation

regions (1.1%).

applicable, in cross-border operating territories.

4 = Fully compliant implementation with validated legal approval across all operating territories with

certification proof (1.4%).

0 = No regulatory certifications or licences provided (0%).

SyS-REQ044: The bidder shall obtain and maintain all required

1 = Responsibility for certifications and licences is not accepted (0.4%).

regulatory certifications, approvals, licences, and authorisations

(including, where applicable, ICASA type approval, spectrum

2 = Certifications are mentioned but incomplete or not maintained for contract duration (0.7%).

licensing, and approvals from applicable telecommunications South African Regulatory

1.4%

and regulatory Compliance

3 = Required certifications, licences, and approvals (including ICASA and SADC) are documented

authorities within the SADC region) for the full duration of the

(1.1%).

contract. Non-compliance shall remain the sole responsibility of

the supplier.

4 = Fully compliant implementation with validated certification lifecycle management and compliance

proof (1.4%).

0 = No speed accuracy requirement provided (0%).

1 = Speed accuracy is not addressed (0.4%).

Product Technical

SyS-REQ045: The system must ensure the accuracy of the Documentation 2 = Accuracy is claimed but exceeds or does not prove the 5 km/h tolerance (0.7%).

1.4%

speed data with an error margin of no more than 5 km/h. System Architecture

Documentation 3 = Speed accuracy within 5 km/h is documented (1.1%).

4 = Fully compliant implementation with validated speed accuracy within tolerance supported by test

evidence (1.4%).

0 = No real-time response capability provided (0%).

1 = Response time requirement is not addressed (0.4%).

Product Technical

SyS-REQ046: It is desirable that time shall not exceed 1000ms Documentation 2 = Response time is mentioned but exceeds or does not demonstrate 1000 ms (0.7%).

1.4%

for real-time data requests. System Architecture

Documentation 3 = Real-time response within 1000 ms is documented (1.1%).

4 = Fully compliant implementation with validated sub-1000 ms response performance with test

proof (1.4%).

0 = No evidence of GPS positioning accuracy capability provided (0%).

1 = GPS capability is mentioned but no accuracy specification or supporting evidence is provided

(0.4%).

Product Technical

SyS-REQ047: It is desirable that the tracking system shall 2 = GPS accuracy specification is provided but does not demonstrate compliance with ≤5 metre

Documentation

provide a positioning accuracy of 5 meters or better under accuracy or lacks validation evidence (0.7%). 1.4%

System Architecture

standard operating conditions.

Documentation

3 = Documented GPS accuracy of ≤5 metres provided with supporting technical specifications/test

evidence (1.1%).

4 = Proven positioning accuracy of ≤5 metres through validated test results, operational evidence,

and documented performance under relevant operating conditions (1.4%).

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0 = No maintenance, upkeep or monitoring responsibility commitment provided (0%).

1 = Maintenance responsibility is mentioned but scope, ownership and support approach are not

Maintenance and support defined (0.132%).

plan, monitoring

SyS-REQ048: The successful bidder shall be fully responsible for procedures, escalation 2 = Maintenance and monitoring responsibilities are partially defined but service processes or

the maintenance and upkeep and monitoring of the tracking process, preventative support commitments are incomplete (0.264%). 0.528%

device for the period of the contract. maintenance schedule,

and evidence of service 3 = Documented maintenance, upkeep and monitoring responsibilities provided with defined

management capability support processes and technical documentation (0.396%).

4 = Fully compliant implementation with validated maintenance processes, monitoring capability,

escalation procedures and contract support evidence provided (0.528%).

0 = No maintenance checks/support capability provided (0%).

Maintenance and support

plan, monitoring

1 = Support capability mentioned without defined process (0.132%).

procedures, escalation

SyS-REQ049: The successful bidder must conduct regular

process, preventative

maintenance checks and technical support shall be available to 2 = Maintenance/support process partially defined (0.264%). 0.528%

maintenance schedule,

quickly address any issues that arise.

and evidence of service

3 = Documented maintenance schedule and technical support process provided (0.396%).

management capability

4 = Validated maintenance programme, support SLA and escalation process provided (0.528%).

0 = No maintenance plan provided (0%).

1 = General maintenance approach provided without detail (0.132%).

Product Technical

SyS-REQ050: The successful bidder must provide details about

Documentation 2 = Maintenance strategy partially documented (0.264%). 0.528%

the maintenance plan and strategy that shall be followed.

3 = Complete maintenance plan with preventive/corrective activities provided (0.396%).

4 = Fully detailed lifecycle maintenance strategy with proven implementation approach (0.528%).

0 = No OTA update capability provided (0%).

1 = OTA capability mentioned only (0.4%).

SyS-REQ051: The system shall support over-the-air (OTA) Operational Support &

2 = OTA process exists but security or rollback controls unclear (0.7%). 1.4%

updates for firmware and software enhancements. Maintenance Model

3 = Documented OTA update process with security controls (1.1%).

4 = Validated OTA deployment, rollback and audit capability demonstrated (1.4%).

0 = No MTBF information provided (0%).

1 = MTBF stated without supporting basis (0.4%).

SyS-REQ052: Bidders are required to provide Mean Time Before

Operational Support &

Failure (MTBF) values for the GPS tracking equipment. Bidders 2 = MTBF provided with limited supporting reliability data (0.7%). 1.4%

Maintenance Model

with higher MTBF values shall be preferred.

3 = MTBF values documented with manufacturer evidence (1.1%).

4 = Validated MTBF performance data and reliability history provided (1.4%).

0 = No MTTR commitment provided (0%).

MTTR commitments, 1 = Repair commitment mentioned without timeframe (0.4%).

support response times,

SyS-REQ053: Mean Time to Repair (MTTR) a faulty module shall

escalation procedures, 2 = MTTR target provided but process/evidence incomplete (0.7%). 1.4%

be done within 24 – 48 hours.

and evidence of service

reliability performance. 3 = 24–48 hour MTTR commitment with SLA and repair process documented (1.1%).

4 = Validated MTTR performance, SLA compliance and escalation records provided (1.4%).

0 = No reliability evidence provided (0%).

1 = Reliability claims provided without evidence (0.4%).

SyS-REQ054: Contractors shall provide data, which proves these Operational Support &

2 = Limited reliability data provided (0.7%). 1.4%

figures. Maintenance Model

3 = Reliability reports and supporting calculations provided (1.1%).

4 = Independent/operational reliability evidence validated (1.4%).

0 = No reliability SLA provisions provided (0%).

1 = Reliability obligations mentioned only (0.4%).

SyS-REQ055: There shall be penalties imposed when there is Operational Support &

2 = SLA provisions partially defined (0.7%). 1.4%

low reliability as to be defined in the SLA. Maintenance Model

3 = Reliability targets and penalties documented in SLA (1.1%).

4 = Proven SLA governance with reliability performance reporting (1.4%).

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0 = No availability target process provided (0%).

1 = Availability target mentioned only (0.4%).

SyS-REQ056: TFR and the successful bidder shall jointly

Operational Support &

establish the required availability percentage for operational and 2 = Target-setting process partially defined (0.7%). 1.4%

Maintenance Model

accurate GPS data over a defined period.

3 = Joint availability measurement process documented (1.1%).

4 = Agreed availability KPI process with monitoring and reporting evidence (1.4%).

0 = No availability monitoring provided (0%).

1 = Monitoring capability mentioned only (0.4%).

SyS-REQ057: The successful bidder shall be responsible for Operational Support &

2 = Monitoring exists but reporting is unclear (0.7%). 1.4%

continuous monitoring of the GPS system's availability. Maintenance Model

3 = Continuous availability monitoring with reports provided (1.1%).

4 = Real-time monitoring, alerts and historical availability reporting validated (1.4%).

0 = No maintenance access process provided (0%).

1 = Request process mentioned only (0.4%).

SyS-REQ058: The successful bidder shall also be responsible for

requesting locomotives from TFR operations if maintenance or Operational Support &

2 = Process partially documented (0.7%). 1.4%

repair work is needed on the GPS system devices installed in Maintenance Model

locomotives.

3 = Defined maintenance request, approval and coordination process (1.1%).

4 = Proven operational process with tracking and audit trail (1.4%).

0 = No availability SLA provisions provided (0%).

1 = Availability obligations mentioned only (0.4%).

SyS-REQ059: There shall be penalties imposed when there is Service Level Agreement

2 = Availability penalties partially defined (0.7%). 1.4%

low availability as to be defined in the SLA. (SLA) Commitments

3 = Availability targets and penalties documented (1.1%).

4 = SLA governance supported by availability reports and enforcement process (1.4%).

0 = No auto-scaling capability provided (0%).

Cloud architecture

1 = Scaling capability mentioned only (0.4%).

documentation, autoSyS-REQ060: The cloud infrastructure shall incorporate auto-

scaling configuration,

scaling groups to dynamically adjust resources in response to 2 = Manual/limited scaling capability provided (0.7%). 1.4%

scalability design and

increased load.

performance validation

3 = Automated cloud scaling documented (1.1%).

evidence.

4 = Validated auto-scaling under load with monitoring evidence (1.4%).

SyS-REQ061: The system shall undergo load testing to verify its

capability to support multiple

concurrent locomotive device connections and manage data 0 = No load testing evidence provided (0%).

from more than 2,000

locomotives. Load testing 1 = Load testing approach mentioned only (0.4%).

• The successful bidder shall specify the testing tools and methodology, test

methods to be employed, results, performance 2 = Test approach provided without results (0.7%). 1.4%

indicating whether testing will be automated, manual, or a reports and capacity

combination of both. validation evidence. 3 = Load testing results demonstrate required fleet capacity (1.1%).

• The successful bidder shall provide a detailed test procedure.
• Device management processes shall be implemented to clearly 4 = Validated performance testing with scalability evidence (1.4%).

indicate the status

of devices as active or non-active.

SyS-REQ062: Installation Configuration (Optional Architecture):

The installation configuration of the GPS tracking system shall

be at the discretion of the bidder, provided that the proposed

mounting location and method:

• Is technically suitable for reliable system operation 0 = No installation configuration provided (0%).
• Does not compromise locomotive safety, performance, or

Installation design

maintainability 1 = Installation approach described only (0.4%).

documentation,

• Complies with applicable railway installation standards and

mounting configuration,

Transnet safety requirements 2 = Configuration partially documented (0.7%). 1.4%

installation procedures

• The bidder shall be fully responsible for determining and

and technical approval

justifying the appropriate installation location within the 3 = Installation design and mounting justification provided (1.1%).

evidence.

locomotive.

8.1.1.5 Where a 19” rack is available, it may be utilised if 4 = Validated installation design with drawings and technical approval (1.4%).

deemed appropriate by the bidder.

Alternative mounting locations may be proposed where

operationally or technically

justified.

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SyS-REQ063: Antenna Installation & Responsibility: The bidder

shall be responsible for determining the appropriate antenna

configuration and installation location to ensure optimal signal

reception and transmission. The bidder may:

• Utilise an existing TFR GPS antenna, subject to confirmed 0 = No antenna selection and installation responsibility evidence provided (0%).

spare slot availability on the bulkhead/roof, or

• Install a dedicated antenna solution, which shall be high- 1 = Requirement is mentioned but evidence is insufficient (0.132%).

voltage (HV) approved and suitable for railway environments Product Technical

• All antenna installations shall: Documentation 2 = Partial capability or documentation provided (0.264%).

0.528%

• Be mechanically robust System Architecture
• Be designed to withstand environmental and operational Documentation 3 = Documented compliance with supporting technical evidence provided (0.396%).

conditions, including exposure to overhead track equipment

(OHTE) 4 = Fully compliant implementation validated through test results, certification or operational proof

• Not interfere with existing locomotive systems (0.528%).
• Comply with applicable safety and electrical clearance

The purpose of this document is to define how technical requirements in the Technical Evaluation Matrix

are scored, weighted, evidenced, moderated and approved. It applies to all requirements identified as

Essential or Desirable for the Locomotive Track and Trace procurement.

This document does not replace the Technical Evaluation Matrix. It provides the scoring method and

evaluation controls that must be applied when assessing bidder responses against the requirement

statements and evidence requirements contained in the Technical Evaluation Matrix.

2. Requirement Categories

Each requirement has been classified as either Essential or Desirable.

Category Purpose Maximum requirement weights

per requirement

Mandatory functional, operational, safety, security, regulatory,

Essential performance or implementation requirements critical to a compliant 1.4%

solution.

Value-added capabilities that improve maintainability, scalability,

Desirable reporting, usability or operational effectiveness but are not mandatory 0.4%

for baseline compliance.

3. Scoring Methodology

Each requirement must be assessed using a score from 0 to 4. The selected score must reflect the

degree of technical compliance, the quality of supporting evidence, and the maturity of the proposed

implementation approach.

The effective technical contribution is determined by applying the score to the relevant category

weighing. The total technical score is calculated by summing the requirement weights awarded across

all evaluated requirements.

4. Effective Weight Tables

4.1 Essential Requirements

Score Effective Descriptor Evaluator Guideline

Weight

0 0.0% No response or non- The bidder provides no response, no relevant evidence, or a response

compliant that does not address the requirement.

1 0.4% Limited / weak The requirement is acknowledged, but the response is incomplete,

response unsupported, unclear, or materially deficient.

2 0.7% Partial compliance The requirement is partially addressed with some relevant evidence, but

material gaps, assumptions, or risks remain.

3 1.1% Compliant The requirement is met with adequate evidence, documentation, and a

practical implementation approach.

4 1.4% Fully compliant / The requirement is fully met or exceeded with clear, detailed evidence,

exceeds validated outputs, and strong technical proof.

4.2 Desirable Requirements

Score Effective Descriptor Evaluator Guideline

Weight

0 0.0% No response or non- The bidder provides no response, no relevant evidence, or a response

compliant that does not address the requirement.

1 0.1% Limited / weak The requirement is acknowledged, but the response is incomplete,

response unsupported, unclear, or materially deficient.

2 0.2% Partial compliance The requirement is partially addressed with some relevant evidence, but

material gaps, assumptions, or risks remain.

3 0.3% Compliant The requirement is met with adequate evidence, documentation, and a

practical implementation approach.

4 0.4% Fully compliant / The requirement is fully met or exceeded with clear, detailed evidence,

exceeds validated outputs, and strong technical proof.

Technology management – traction technology

Scoring Matrix and Evaluation Criteria Page:

5. Evidence Expectations

The quality and relevance of evidence shall influence the score awarded. Claims of compliance that

are not supported by appropriate evidence may receive a reduced score.

Evidence Category Examples of Acceptable Evidence

Product Technical Datasheets, product manuals, technical specifications, architecture diagrams, test results, compliance

Documentation statements, and manufacturer confirmations.

System Architecture End-to-end data-flow diagrams, hosting architecture, security architecture, integration descriptions,

Documentation performance assumptions, and monitoring design.

API & Data API documentation, endpoint definitions, authentication model, query/filter capabilities, formats,

Interoperability logging, and audit evidence.

Operational Support & Maintenance plan, support model, MTBF/MTTR data, OTA update procedure, monitoring process,

Maintenance Model repair workflow, and SLA commitments.

South African Applicable ICASA approvals, spectrum or type-approval evidence, certifications, authorisations, and

Regulatory Compliance compliance-maintenance responsibilities.

6. Evidence Recording Template

Requirement Requirement Score Effective Evidence Reference Evaluator Remarks /

ID Summary (0-4) Weight Clarifications

SyS-REQ001 GPS coordinates in 4 1.4% Product Technical Validated decimal-degree

decimal degrees Documentation outputs and technical

specification proof.

SyS-REQ034 The bidder shall 3 0.3% Supported ranges and Repair process documented;

specify the supported protective mechanisms evaluator to confirm service

voltage ranges and are documented. coverage and escalation

protective mechanisms evidence.

implemented.

7. Definition of Evaluation Columns

Column Definition / Purpose

Requirement ID The SyS-REQ reference used to maintain traceability between the TEM and the scoring record.

Requirement Summary The technical requirement to be evaluated independently.

Evidence Required The evidence category or document type expected from the bidder.

Score (0-4) Evaluator assessment against the unique scoring matrix for the requirement.

Effective Weight The percentage equivalent of the score

Requirement Weight Maximum score contribution (1.4% Essential; 0.4% Desirable).

Evaluator Remarks The rationale for the score, including evidence references, clarifications, and residual risks.

Provision for the supply of real time locomotive GPS tracker for a period of five and a half (5.5) Years

1.1. Business Impact Analysis Assessment Criteria

The following elements of the Business Impact Analysis will be assessed:

1.1.1. Identification of critical processes within the project

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

supply a certificate signed by a director as to its full compliance with the

requirements of clause 3.3.2 above.

4. Announcements

4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest

in the Bid without the prior written consent of the other party.

4.2 Neither party shall make use of the other p

25 price and delivery basis for goods ............................................................................................. 7 31 contract quantities and delivery requirements ...................................................................... 9

This Agreement is entered into by and between:

Transnet SOC Ltd [Registration Number 1990/000900/30] whose registered address is 150

Commisioner Street, 23rd floor, Johannesburg, 2001 Republic of South Africa [Transnet]

and

...................................................... [Registration Number .................................] whose registered

address is ..................................................... [the Supplier/Service Provider].

Now therefore, IT is agreed:

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

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

the Parties and in accordance with the Schedule of Requirements / Work Orders issued as a

schedule to this Agreement; and

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

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

issued as a schedule to this Agreement.

2 definitions

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

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

2.1 AFSA means the Arbitration Foundation of South Africa;

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

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

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

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

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

which collectively and exclusively govern the supply of Goods / provision of Services and provision

of ancillary Services by the Supplier/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 Background Intellectual Property means all Intellectual Property introduced and required by

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

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

Commencement Date otherwise pursuant to this Agreement;

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

as proclaimed in South Africa;

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

to a third party.

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2.7 Commencement Date means ................................., notwithstanding the signature date of this

Agreement;

2.8 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

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

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

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

b) the contents of this Agreement;

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

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

information;

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

secret;

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

its existing and planned future business activities;

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

disclosing Party;

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

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

disclosing Party to maintain the confidentiality of such information;

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

to the disclosing Party;

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

including inventions, applications and processes;

j) Copyright works;

k) commercial, financial and marketing information;

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

and equipment of the disclosing Party;

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

of the disclosing Party;

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

incidence of such faults or defects; and

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

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

achieved;

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

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

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

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

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

2.10 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;

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

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

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

and integrated circuits;

2.12 Expiry Date means ..............................;

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

pursuant to this Agreement;

2.14 Goods means for the supply and delivery for the supply, delivery and installation of a water

treatment plant [reverse osmosis] at loop 10 on the iron ore line for a period of six (6) months., the

material / products specified in the Schedule of Requirements appended as Schedule 1 hereto;

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

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

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

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

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

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

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

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

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

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

future additions and improvements to the Intellectual Property;

2.17 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;

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

units, successors-in-title and assigns;

2.19 Party means either one of these Parties;

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

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

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

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

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

such activity or process to be accomplished;

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

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

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

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

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

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

2.24 Service(s) means: for the supply of real time locomotive GPS tracker for a period of five and a half

(5.5) years, pursuant to the Work Order(s) in terms of this Agreement;

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

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

Provider;

2.26 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

2.27 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;

2.28 Schedule of Requirements means Schedule 1 hereto;

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

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

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

the Goods or any part thereof;

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

Subcontract;

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

from time to time;

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

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

undertaking from those of another undertaking;

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

from time to time; and

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

2.35 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

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3 interpretation

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

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

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

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

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

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

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

meanings accorded thereto.

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

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

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

4 nature and scope

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

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

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

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

accordance with this Agreement.

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

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

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

fully incorporated into the body of this Agreement.

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

the Schedule of Requirements/Work Orders in accordance with procedures set out in clause 38

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

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

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

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

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

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

agreement between the Parties.

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

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

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

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

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

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

that delay.

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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.

6 duration/term and cancellation

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

and the duration shall be for a sixty six (66) ] months period, expiring ....................., 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 25 [Breach and Termination], either Party may cancel this Agreement

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

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

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

7 risk management

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

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

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

these risks which both Parties shall jointly determne.

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

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

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

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

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

throughout the contract period

8 transnet’s obligations

8.1 Transnet undertakes to promptly comply with any reasonable request by the 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 Goods/Services, but for no

other purpose. However, Transnet's compliance with any request for information is subject to any

internal security rules and requirements and subject to the observance by the Service Provider of its

confidentiality obligations under this Agreement.

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8.2 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 supplier/service provider

9.1 The Supplier/Service Provider shall:

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

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

delivery of the Goods;

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

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

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

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

years from the date of each such transaction;

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

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

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

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

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

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

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

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

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

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

Agreement itself;

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

environmental performance and have an environmental management policy which ensures

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

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

is environmentally appropriate; and

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

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

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

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

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

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

Supplier/Service Provider.

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

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

its duties with honesty and integrity;

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

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

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

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

reasonable degree of care and diligence;

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

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

their human rights;

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

discrimination;

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

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

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

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

keep Transnet informed of progress made regarding the enquiry;

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

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

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

between the Parties;

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

of its other customers] and the interests of Transnet;

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

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

otherwise exert undue influence over the recipient;

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

omission;

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

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

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

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

ancillary Services to Transnet;

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

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

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

Clearance Compliance, for the duration of this Agreement;

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

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

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

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

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

of compensation and selection for training.

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

discrimination legislation and any amendments and re-enactments thereof.

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

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

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

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

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

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

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

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

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

10 service provider’s personnel

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

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

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

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

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

other country in which the Services are to be performed.

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

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

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

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

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

accordance with these requirements.

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

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

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

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

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

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

from the performance of its obligations under this Agreement.

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

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

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

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

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

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

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

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11 subcontracting

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

subcontractor with the approval of Transnet.

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

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

value of the contract.

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

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

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

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

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

Provider (main contractor) and the subcontractor.

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

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

terms of its contractual obligations.

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

contract is reduced to below the stipulated minimum threshold.

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

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

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

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

12 payment to sub-contractors

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

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

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

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

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

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

against the required standards.

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

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

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

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

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

including all services rendered by the sub-contractor.

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

of the Supplier/Service Provider, whatsoever.

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13 b-bbee and socio-economic obligations

13.1 B-BBEE Scorecard

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

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

equal obligation to redress the imbalances of the past.

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

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

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

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

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

event there is:

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

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

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

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

B-BBEE status.

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

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

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

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

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

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

Provider Default and may be dealt with in accordance with the provisions of clause 25.

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

provisions of clause 25 shall apply.

13.2 Penalties for Non-compliance to Service Level Agreement

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

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

Transnet, penalties shall be imposed at ..........................

13.3 Non-compliance penalties for subcontracting

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

certain cases where there is a material Non-compliance.

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

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

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

compliance.

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

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

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

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Non-compliance Penalty Certificate:

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

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

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

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

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

compliance Penalty Certificate:

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

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

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

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

valid Tax Invoice.

Payment of Non-compliance Penalties:

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

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

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

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

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

compliance Penalties shall be carried forward to the next period.

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

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

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

in any form Transnet deems reasonable and/or appropriate.

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

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

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

Provider in the ensuing month.

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

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

14 fees and expenses relating to services

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

detailed in the relevant schedule.

14.2 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].

14.3 Unless otherwise agreed in a schedule, 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;

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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.

14.4 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.

15 invoices and payment

15.1 Transnet shall pay the Supplier/Service Provider the amounts stipulated in each Purchase Order,

subject to the terms and conditions of this Agreement.

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

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

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

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

Provider for the delivery of the Goods/Services ordered, in terms of clause 15.5 below.

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

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

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

contract transgressed any legislation.

15.4 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.

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

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

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

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

undisputed Tax Invoice(s) and supporting documentation.

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

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

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

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

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

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

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

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

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

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

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16 price adjustments

16.1 Prices for Goods/Services supplied in terms of this Agreement shall be as per the awarded contract

value as indicated in the schedule 1.

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

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

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

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

and changes to the specification of the Goods/Services.

16.3 Pursuant to clause 16.2 above, the Supplier/Service Provider shall keep full and accurate records of

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

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

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

audited by Transnet or its designated representatives.

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

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

accordance with clause 35 of the Master Agreement [Dispute Resolution].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

order to verify such compliance.

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17 warranties applicable to goods

The Supplier warrants that:

17.1 pursuant to clause 9.3 [General Obligations of the Supplier], the Goods will be manufactured in

accordance with the specifications appended hereto at Schedule 1, or the manufacturer’s

specifications, as agreed in writing by both Parties;

17.2 the execution and performance of this Agreement by the Supplier does not infringe any rights of a

third party or breach any obligation of the Supplier to any third party; and

17.3 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 Supplier to comply with its obligations under this Agreement will be

reduced to the greatest extent possible, and that the Supplier shall ensure that it has appropriate,

tested and documented recovery arrangements in place.

18 warranties applicable to services

18.1 The Service Provider warrants to Transnet that:

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

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

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

schedule hereto with all due skill, care and diligence;

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

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

conformance with any applicable laws and regulations;

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

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

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

archiving and disaster recovery; and

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

infringement of any Intellectual Property Rights of any third party.

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

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

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

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

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

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

detailed in the relevant schedule and/or Work Order.

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

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

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

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

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

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

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

the Service Provider.

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

defect by Transnet in writing.

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

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

of the Service Provider.

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

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

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

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

in accordance with the change control procedure, as set out in clause 38 [AmendmentandChange

Control].

18.7 The Service Provider warrants that:

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

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

of the relevant Work Order; and

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

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

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

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

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

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

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

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

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

enactments thereof and any regulations made pursuant thereto.

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

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

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

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

in place.

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

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

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

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

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

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

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

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

coordination of such activities across all parts of its organisation.

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19 third party indemnity

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

damages suffered by or claims arising against Transnet in respect of clause 17.2 above.

20 inspection applicable to goods

20.1 Transnet reserves the right to arrange for the inspection of all Goods forming the subject of any

Purchase Order, at any stage before final acceptance and by any means it may think fit, and when

such inspection is to be carried out, the relevant Purchase Order(s) shall be endorsed accordingly.

20.2 When inspection at the Supplier's works or warehouse is specified, Transnet’s authorised inspector

shall have free access to the premises of the Supplier at all times during working hours on a

Business Day; shall have liberty to inspect work which is the subject of the Purchase Order at any

stage of manufacture, and may reject any Goods which are found to be incomplete, defective or in

any way not in conformity with the terms and specifications of this Agreement; and the Supplier

shall afford all reasonable facilities for such access and inspection.

20.3 The Supplier shall provide inspection gauges, measuring and test equipment to ensure that the

requirements of this Agreement are satisfied. All gauges, templates, tools and other equipment

required to check the accuracy of the work shall be calibrated at regular and reasonable intervals by

a laboratory which has been approved in writing by Transnet. This certificate shall not be more than

12 [twelve] months old.

20.4 The Supplier shall prepare and supply, without charge to Transnet, all test pieces, samples and

specimens; shall provide all labour and apparatus for carrying out tests and analyses in accordance

with the terms of this Agreement or Purchase Order, and render all reasonable assistance in making

such tests and analyses.

20.5 All special rules governing gauging, testing, analysis and other inspection procedures shall be

adhered to strictly in accordance with the terms of this Agreement or Purchase Order and the

conditions of any specifications and drawings quoted therein.

20.6 Inspection will be arranged by the Staff of Transnet, as indicated in the Purchase Order(s).

20.7 When Goods are ready for inspection, the Supplier shall apply promptly to the appropriate authority

for instructions regarding such inspection. All applications for inspection shall quote Transnet’s

Agreement or Purchase Order number. 7 [seven] Business Days' notice of readiness from the

Supplier shall be given to the authorised inspector appointed by Transnet to carry out such

inspection.

20.8 Transnet shall have the right to recover from the Supplier the cost of inspection of any Goods that

have been rejected by its authorised inspector in terms of this clause 20.

21 defective goods

21.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of

Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at

the port of shipment, as specified in this Agreement, only as regards outward condition of

packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the

place to which they are consigned, or after they have been placed in use in South Africa, should

they be found defective.

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21.2 If Goods are rejected owing to latent defects becoming apparent during machining operations or

other preparation necessary on the part of Transnet before they can be put into use, the Supplier

shall bear all expenses incurred by Transnet in carrying out such necessary operations.

21.3 If such Goods are rejected, the Supplier will pay the following costs:

a) for Goods purchased in South Africa on an ex works basis, the cost of transport from the

Supplier’s works in South Africa to the named destination where the Goods have been

rejected by Transnet, plus handling charges and storage, if leviable; or

b) for Goods manufactured overseas, the Supplier shall pay all replacement costs including the

overseas inland transport cost, freight and insurance charges incurred plus railage or other

inland transport costs from the South African port to the place where the Goods have been

rejected by Transnet, including handling charges, storage, landing charges, customs duty

and surcharges, if leviable.

21.4 If Transnet requires rejected Goods to be replaced, the Supplier shall, when called upon to do so,

arrange prompt replacement of the Goods within the prescribed manufacturing lead times for such

Goods, as indicated in Schedule 1.

21.5 If Goods are found to be defective but the defects are, in the opinion of Transnet, not of so serious

a nature as to warrant total rejection of the Goods, the Supplier shall, when called upon to do so,

remedy or make good such defects at its own cost, or Transnet may remedy or make good such

defects at the request of the Supplier and recover from the Supplier all costs or expenses

reasonably incurred by it in doing so.

21.6 Should the Supplier fail, when called upon to remedy or make good such defects within a

reasonable time or to request Transnet to do so, Transnet may proceed to remedy or make good

such defects and thereafter recover from the Supplier all such costs and expenses as

aforementioned.

21.7 Any amount recoverable from the Supplier in terms of this clause may, without prejudice to any

other legal remedies available to Transnet, be deducted in whole or in part from any monies in the

hands of Transnet which are due for payment to the Supplier.

22 total or partial failure to perform

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

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

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

reasonable time; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22.3 Whenever, in any case not covered by clause 22.1 above, the Supplier fails or neglects to execute

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

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

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

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

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

23 non conformance of goods/services procured

23.1 InthecaseofGoods/servicesmanufacturedforandprocuredbyTransnetfromtheSupplier/Service

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

specificationsandrequirements,TransnetatanytimemaybeentitledtoraiseaNonConformance

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

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

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

determinedbyTransnetatitsdiscretion.

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

clause 22.1 above, shall entitle Transnet to further conditions to which the Supplier/ Service

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

Supplier/ServiceProviderwrittennoticeofterminationintermsofthisAgreement.

24 rights on cancellation

24.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of clause 22 [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 Goods/Services

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

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

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

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

24.2 Any amount which may be recoverable from the Supplier/Service Provider in terms of clause 24.1

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

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

Supplier/Service Provider.

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25 breach and termination

25.1 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.

25.2 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.

25.3 To the extent that any of the Deliverables and property referred to in clause 25.2 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.

25.4 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 25 [Breach

and Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees

[apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until

the date of such termination. Transnet will also pay the costs of any goods and materials ordered by

the Service Provider in relation to the such work for which the Service Provider has paid or is legally

obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will

promptly deliver such goods and materials to Transnet or as it may direct.

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

remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party

[hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies

that it may have in terms of this Agreement, to terminate this Agreement forthwith without any

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

against the Defaulting Party.

25.6 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.

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

change of control of the Supplier/Service Provider by notice in writing to the Supplier/Service

Provider. For the purposes of this clause, control means the right to direct the affairs of a company

whether by ownership of shares, membership of the board of directors, agreement or otherwise.

25.8 Notwithstanding this clause 25, Transnet may cancel this Agreementwithout cause by giving 30

[thirty] calendar days prior written notice thereof to the Supplier/Service Provider, or

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25.9 The provisions of clauses 2 [Definitions], 17-18 [Warranties], 24 [Rights on Cancellation],

29[Confidentiality], 31 [Limitation of Liability], 32[Intellectual Property Rights], 35[Dispute

Resolution]and 39.1 [GoverningLaw]shall survive termination or expiry of this Agreement.

26 cessions and assignments as per nt instruction note /2023

26.1 The Supplier/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 goods/services

delivered/rendered by a Supplier/Service Provider to an FSP or State Institutions;

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

and

c) The written request by the Supplier/Service Provider must be accompanied by the cession

agreement.

26.2 The Supplier/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.

27 force majeure

27.1 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.

27.2 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

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

terminate this Agreement with immediate notice.

28 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.

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c) Transnet agrees that in submitting any information or documentation requested in the RFP and in this

Agreement, the Supplier/Service Provider consents to the processing of their personal information for

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

legal opinions/litigation, investigations (if applicable), document storage for the legislatively required

period, destruction, de-identification and publishing of personal information by Transnet and/or its

authorised appointed third parties.

d) The Parties agree that they may obtain and have access to personal information for the fulfilment of

the rights and obligations contained herein. In performing the obligations as set out in this Agreement,

the Parties shall at all times ensure that:

i. they process personal information only for the express purpose for which it was obtained;

ii. once processed for the purposes for which it was obtained, all personal information will be

destroyed to an extent that it cannot be reconstructed to its original form, subject to any legal

retention requirements;

iii. Personal information is provided only to authorised personnel who strictly require the personal

information to carry out the Parties’ respective obligations under this Agreement;

iv. they do not disclose personal information of the other Party, other than in terms of this

Agreement;

v. they have all reasonable technical and organisational measures in place to protect all personal

information from unauthorised access and/or use;

vi. they have appropriate technical and organisational measures in place to safeguard the security,

integrity and authenticity of all information in their possession or under their control in terms of

this Agreement;

vii. they identify all reasonably foreseeable internal and external risks to personal information in

their possession or under their control; establish and maintain appropriate safeguards against

the risks identified; regularly verify that the safeguards are effectively implemented; and ensure

that the safeguards are continually updated in response to new risks or deficiencies in previously

implemented safeguards;

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

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

28.1 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.

28.2 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.

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28.3 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.

28.4 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.

28.5 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.

28.6 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.

29 confidentiality

29.1 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

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empowered authority or official, in which event the Party concerned shall do what is

reasonably possible to inform the other of such a demand and each shall assist the other in

seeking appropriate relief or the instituting of a defensive action to protect the Confidential

Information concerned;

b) not to use, exploit, permit the use of, directly or indirectly, or in any other manner

whatsoever apply the Confidential Information disclosed to it as a result of this Agreement,

for any purpose whatsoever other than for the purpose for which it is disclosed or otherwise

than in strict compliance with the provisions in this Agreement;

c) not to make any notes, sketches, drawings, photographs or copies of any kind of any part of

the disclosed Confidential Information without the prior written consent of such other Party,

except when reasonably necessary for the purpose of this Agreement, in which case such

copies shall be regarded as Confidential Information;

d) not to de-compile, disassemble or reverse engineer any composition, compilation, concept

application, item, component de-compilation, including software or hardware disclosed and

shall not analyse any sample provided by Transnet, or otherwise determine the composition

or structure or cause to permit these tasks to be carried out except in the performance of its

obligations pursuant to this Agreement;

e) not to exercise less care to safeguard Transnet Confidential Information than the Party

exercises in safeguarding its own competitive, sensitive or Confidential Information;

f) Confidential Information disclosed by either Party to the other or by either Party to any other

party used by such party in the performance of this Agreement, shall be dealt with as

“restricted” or shall be dealt with according to any other appropriate level of confidentiality

relevant to the nature of the information concerned, agreed between the Parties concerned

and stipulated in writing for such information in such cases;

g) the Parties shall not make or permit to be made by any other person subject to their control,

any public statements or issue press releases or disclose Confidential Information with

regard to any matter related to this Agreement, unless written authorisation to do so has

first been obtained from the Party first disclosing such information;

h) each Party shall be entitled to disclose such aspects of Confidential Information as may be

relevant to one or more technically qualified employees or consultants of the Party who are

required in the course of their duties to receive the Confidential Information for the

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

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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.

29.2 The duties and obligations with regard to Confidential Information in this clause 290 shall not apply

where:

a) a Party can demonstrate that such information is already in the public domain or becomes

available to the public through no breach of this Agreement by that Party, or its Staff; or

b) was rightfully in a Party’s possession prior to receipt from the other Party, as proven by the

first-mentioned Party’s written records, without an infringement of an obligation or duty of

confidentiality; or

c) can be proved to have been rightfully received by a Party from a third party without a breach

of a duty or obligation of confidentiality; or

d) is independently developed by a Party as proven by its written records.

29.3 This clause 29 shall survive termination for any reason of this Agreement and shall remain in force

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

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

Supplier/Service Provider by Transnet pursuant to this Agreement shall be returned to Transnet

including, without limitation, all corporate identity equipment including dyes, blocks, labels,

advertising matter, printing matter and the like.

30 insurances

30.1 Without limiting the liability of the Supplier/Service Provider under this Agreement, the

Supplier/Service Provider shall take out insurance in respect of all risks for which it is prudent for

the Supplier/Service Provider to insure against, including any liability it may have as a result of its

activities under this Agreement for theft, destruction, death or injury to any person and damage to

property. The level of insurance will be kept under review by Transnet, on an annual basis, to

ensure its adequacy, provided that any variation to the level of such insurance shall be entirely at

the discretion of the Supplier/Service Provider.

30.2 The Supplier/Service Provider shall arrange insurance with reputable insurers and will produce to

Transnet evidence of the existence of the policies on an annual basis within 30 [thirty] calendar

days after date of policy renewals.

30.3 Subject to clause 30.4 below, if the Supplier/Service Provider fails to effect adequate insurance

under this clause 300, it shall notify Transnet in writing as soon as it becomes aware of the

reduction or inadequate cover and Transnet may arrange or purchase such insurance on behalf of

the Supplier/Service Provider. The Supplier/Service Provider shall promptly reimburse Transnet for

any premiums paid provided such insurance protects the Supplier/Service Provider’s liability.

Transnet assumes no responsibility for such insurance being adequate to protect all of the

Supplier/Service Provider’s liability.

30.4 In the event that the Supplier/Service Provider receives written notice from its insurers advising of

the termination of its insurance cover referred to in clause 30.4 above or if the insurance ceases to

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

For the supply of real time locomotive GPS tracker for a period of five and a half (5.5) Years for TRANSNET

Freight rail..

be available upon commercially reasonable terms, the Supplier/Service Provider shall immediately

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

Supplier/Service Provider or Transnet may terminate this Agreement on giving the other Party not

less than 30 [thirty] calendar days prior written notice to that effect.

31 limitation of liability

31.1 The Supplier/Service Provider’s liability under this clause 31 shall be in addition to any warranty or

condition of any kind, express or implied by law or otherwise, relating to the Goods/Services or

ancillary Services, including the quality of the Goods/Services or ancillary Services or any materials

delivered pursuant to this Agreement.

31.2 Neither Party excludes or limits liability to the other Party for:

a) death or personal injury caused by its negligence, [including its employees’, agents’ or

Subcontractors’ negligence]; or

b) fraud or theft.

31.3 The Supplier/Service Provider shall indemnify and keep Transnet indemnified from and against

liability for damage to any Transnet property [whether tangible or intangible] or any other loss,

costs or damage suffered by Transnet to the extent that it results from any act of or omission by

the Supplier/Service Provider or its Personnel in connection with this Agreement. The

Supplier/Service Provider’s liability arising out of this clause 31.3 shall be limited to direct damages.

31.4 Subject always to clauses 31.1 and 31.2 above, the liability of either the Supplier/Service Provider or

Transnet under or in connection with this Agreement, whether for negligence, misrepresentation,

breach of contract or otherwise, for direct loss or damage arising out of each Default or series of

related Defaults shall not exceed 100% [one hundred per cent] of the Fees paid under the schedule

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

31.5 Subject to clauses 31.1 to 31.4 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.

31.6 If for any reason the exclusion of liability in clause 31.5 above is void or unenforceable, either

Party’s total liability for all loss or damage under this Agreement shall be as provided in clause 31.3

above.

31.7 Nothing in this clause 31 shall be taken as limiting the liability of the Parties in respect of clauses

29[Confidentiality]and 32 [IntellectualPropertyRights].

32 intellectual property rights

32.1 Title to Confidential Information

a) Transnet will retain all right, title and interest in and to its Confidential Information and

Background Intellectual Property and the Supplier/Service Provider acknowledges that it has

no claim of any nature in and to the Confidential Information and Background Intellectual

Property that is proprietary to Transnet. For the avoidance of doubt all the Supplier/Service

Provider’s Background Intellectual Property shall remain vested in the Supplier/Service

Provider.

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

For the supply of real time locomotive GPS tracker for a period of five and a half (5.5) Years for TRANSNET

Freight rail..

b) Transnet shall grant to the Supplier/Service Provider an irrevocable, royalty free, non-

exclusive licence to use Transnet’s Background Intellectual Property only for the Permitted

Purpose. This licence shall not permit the Supplier/Service Provider to sub-license to other

parties.

c) The Supplier/Service Provider shall grant to Transnet an irrevocable, royalty free, non-

exclusive licence to use the Supplier/Service Provider’s Background Intellectual Property for

the Permitted Purpose. This licence shall not permit Transnet to sub-license to other parties.

d) The Supplier/Service Provider shall grant Transnet access to the Supplier/Service Provider’s

Background Intellectual Property on terms which shall be bonafide negotiated between the

Parties for the purpose of commercially exploiting the Foreground Intellectual Property, to

the extent that such access is required.

e) The above shall not pertain to any software licenses procured by the Supplier/Service

Provider from third parties and used in the supply of the Goods/Services.

32.2 Title to Intellectual Property

a) All right, title and interest in and to Foreground Intellectual Property prepared, conceived or

developed by the Supplier/Service Provider, its researchers, agents and employees shall vest

in Transnet and the Supplier/Service Provider acknowledges that it has no claim of any

nature in and to the Foreground Intellectual Property. The Supplier/Service Provider shall not

at any time during or after the termination or cancellation of this Agreement dispute the

validity or enforceability of such Foreground Intellectual Property, or cause to be done any

act or anything contesting or in any way impairing or tending to impair any part of that right,

title and interest to any of the Foreground Intellectual Property and shall not counsel or

assist any person to do so.

b) Transnet shall be entitled to seek protection in respect of the Foreground Intellectual

Property anywhere in the world as it shall decide in its own absolute discretion and the

Supplier/Service Provider shall reasonably assist Transnet in attaining and maintaining

protection of the Foreground Intellectual Property.

c) Where the Foreground Intellectual Property was created by the Supplier/Service Provider or

its researchers, agents and employees and where Transnet elects not to exercise its option

to seek protection or decides to discontinue the financial support of the prosecution or

maintenance of any such protection, Transnet shall notify the Supplier/Service Provider who

shall have the right of first refusal to file or continue prosecution or maintain any such

applications and to maintain any protection issuing on the Foreground Intellectual Property.

d) No consideration shall be paid by Transnet to the Supplier/Service Provider for the

assignment of any Foreground Intellectual Property from the Supplier/Service Provider to

Transnet, over and above the sums payable in terms of this Agreement. The Supplier/Service

Provider undertakes to sign all documents and do all things as may be necessary to effect,

record and perfect the assignment of the Foreground Intellectual Property to Transnet.

e) Subject to anything contrary contained in this Agreement and/or the prior written consent of

Transnet [which consent shall not be unreasonably be withheld], the Supplier/Service

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of Works: Provision For The Supply Of Real Time Locomotive Gps Tracker For A Period

Appointments and training

6. Supervision, discipline and reporting
7. Access to the OHS act
8. Cooperation
9. Work

of the Works: Provision For The Supply Of Real Time Locomotive Gps Tracker For A Period

of the Works: Provision for the supply of real time Locomotive GPS Tracker for a period

1.1 This Safety, Health and Environmental (SHE) specification is Transnet Freight Rail (TFR)

minimum requirements to be met by contractors when performing work for or on behalf

of TFR at PROVISION FOR THE SUPPLY OF REAL TIME LOCOMOTIVE GPS

TRACKER FOR A PERIOD OF FIVE AND A HALF (5.5) YEARS. They set out the

requirements to be followed by the Contractor and other contractors so that the health

and safety of all people’s potentially at risk may receive the same priority as other facets

of the project.

1.2 The Contractor shall develop a SHE plan and prepare a SHE file based on these

requirements, risk assessment as well as all the relevant applicable legislation. The

contractor shall remain accountable for the quality and execution of his health and safety

programme for his employees and sub-contractor employees. This specification in no way

releases the contractors from compliance with the relevant legislation.

2.1 The purpose of this specification is to ensure that the Contractor provides and maintains,

as far as reasonably practicable a safe working environment for all employees and the

public whilst performing work for or on behalf of TFR on PROVISION FOR THE

Supply of real time locomotive GPS tracker for a period of five

And a half (5.5) Years.

2.2 This specification form an integral part of the contract, and the Contractor shall forward

this specification to all subcontractors at the bidding stage so that they can in turn

prepare health and safety plans relating to their operations.

3 Scope and Application

3.1 This specification is applicable to all contractors, suppliers and all activities and processes

carried out for or on behalf of Transnet Freight Rail. The Specification defines the

strategies to manage health and safety and is a compliance document drawn up in terms

of the Occupational Health and Safety Act 85 and National Railway Safety Act .

3.2 This specification shall also apply to any subcontractors as employers in their own right.

The Contractor shall furnish the TFR Contract Manager/Technical Officer with full

particulars of such subcontractors and shall ensure that they comply with the OHS Act

and Regulations and Transnet's safety requirements and procedures.

3.3 Every effort has been made to ensure that this specification document is accurate and

adequate in all respects. Should it however, contain any errors or omissions they may not

be considered as grounds for claims under the contract for additional reimbursement or

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extension of time, or relieve the Contractor from his responsibilities and accountability in

respect of the Contract to which this specification document pertains. Any such

inaccuracies, inconsistencies and/or inadequacies must immediately be brought to the

attention of the TFR Contract Manager/Technical Officer or Client Agent.

4 General

4.1 The Contractor and Transnet Freight Rail are individual employers, each in its own right,

with their respective duties and obligations set out in the Occupational Health and Safety

Act, Act (herein referred as the OHS Act) and applicable Regulations and

National Railway Safety Act of 2000 and applicable standards.

4.2 The Contractor accepts, in terms of the General Conditions of Contract and in terms of the

OHS Act, his obligations as an employer in respect of all persons in his employ, other

persons on the premises or the Site or place of work or on the work to be executed by

him, and under his control. The Contractor shall, before commencement with the

execution of the contract work, comply with the provisions set out in the OHS Act, and

shall implement and maintain a SHE Plan approved by Transnet Freight Rail, on the Site

and place of work for the duration of the contract.

4.3 The Contractor accepts his obligation to complying with the OHS Act and applicable

Regulations notwithstanding the omission of some of the provisions of the OHS Act and

the Regulations from this document.

4.4 Transnet Freight Rail accepts, in terms of the OHS Act, its obligations as an employer of

its own employees working on or associated with the site or place of work, and the

Contractor and TFR Contract Manager/Technical Officer or his deputy shall at all times,

co-operate in respect of the health and safety management of the site, and shall agree on

the practical arrangements and procedures to be implemented and maintained during

execution of the works

4.5 In the event of any discrepancies between any legislation and this specification, the

applicable legislation will take precedence.

5. Section 37(2) Agreements

5.1 Transnet Freight Rail and the Contractor shall enter into an agreement in terms of section

37(2) of the Occupational Health and Safety Act to the arrangements and procedures

between them to ensure compliance by the Contractor with the provisions of the OHS Act.

5.2 The agreement shall be completed and signed by the Contractor mandated representative

as soon as possible and returned to the relevant TFR Contract Manager for his/her

signature on behalf of TFR.

5.3 The Contractor shall enter into a Section 37(2) Agreement with their respective sub-

contractors. Signed copy of such agreement must be kept on the Contractor’s SHE file.

6. Definitions

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6.1 In this Specification the definitions as listed in the Occupational Health and Safety Act , Construction Regulations 2014, National Railway Safety Regulator Act of 2000

(and applicable standards), Transnet Contractor Management Procedure shall apply,

unless the context otherwise indicates: -

6.2 "competent person “means a person who—

a) has in respect of the work or task to be performed the required knowledge, training and

experience and, where applicable, qualifications, specific to that work or task: Provided

that where appropriate qualifications and training are registered in terms of the provisions

of the National Qualification Framework Act, 2000 (Act No.), those

qualifications and that training must be regarded as the required qualifications and

training; and

b) is familiar with the Act and with the applicable regulations made under the Act;

6.3 "Cleaning services” refer to professional services that involve the cleaning, sanitizing,

and maintenance of residential, commercial, or industrial spaces. These services are

typically provided by trained staff using specialized equipment and cleaning products to

ensure cleanliness, hygiene, and a pleasant environment.

6.4 "contractor" means an employer (organisation) or a person who performs ANY work

and has entered into a legal binding business agreement contract to supply a product or

provide services to Transnet. This applies to the Suppliers, Vendors, Consultants, Service

Providers or Contractors (including Principal Contractors) and subcontractors. NB: A

contractor is an employer in his/her own right;

6.5 “SCS Warehouse” Supply Chain Services depot warehouses

6.6 Occupation: The formal closure of the line to normal rail traffic for a specified period of

time arranged in accordance with Infrastructure Occupation Management System (IOMS)

or any other system and implemented in accordance with the Protection Manual.

6.7 "fall protection plan “means a documented plan, which includes and provides for-

a) all risks relating to working from a fall risk position, considering the nature of work

undertaken;

b) the procedures and methods to be applied in order to eliminate the risk of falling; and

c) a rescue plan and procedures

6.8 “Safety, Health and Environmental (SHE) File” means a file or other record in

permanent form, containing the information required to be kept on site in accordance

with the OHS Act and applicable Regulations;

6.9 "health and safety (SHE) plan" means a site, activity or Contract specific documented

plan in accordance with the client’s health and safety specification;

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6.10 “risk assessment” means a programme to determine any risk associated with any

hazard at a work site, in order to identify the steps needed to be taken to remove, reduce

or control such hazard;

6.11 “Suppliers/service providers” A natural or juristic person or partnership (including

joint ventures) that provides in terms of a contract, or may potentially provide, goods or

services or any combination thereof to Transnet.

6.12 "TFR" means Transnet Freight Rail, a division of Transnet SOC Ltd (Registration No.

1990/000900/30), a public company incorporated in accordance with the company laws of

the Republic of South Africa

6.13 ”Manual Handling” an activity of transporting or supporting a load including lifting,

pushing, pulling, carrying, throwing, and moving objects by hand or bodily force.

6.14 “Motor Vehicle Accident” Motor Vehicle Accident means vehicle collision involving either

another vehicle or Collison with an object on a car.

6.15. “Customs” is an authority or agency in a country responsible for collecting tariffs and for

controlling the flow of goods, including animals, transports, personal effects, and

hazardous items, into and out of a country

6.16. “Trade Act” means International Trade Administration Act .

7. Notification of Construction Work

7.1 The Contractor who intends to carry out any construction work other than work where a

Construction Work Permit is required, must at least 7 days before carrying out such

work, notify the Provincial Director of the Department of Labour in writing if the

construction work:-

(a) includes excavation work

(b) includes working at a height where there is a risk of a person falling;

(c) includes the demolition of a structure; or

(d) includes the use of explosives to perform construction work,

7.2 The notification to the Provincial Director shall be on a form similar to Annexure 2 of the

Construction Regulations, 2014. The Contractor shall ensure that a copy of the completed

notification form is kept on site for inspection by an inspector, Contract

Manager/Technical Officer or employee.

8. Letter of Good standing

8.1 The Contractor shall submit proof of registration and Letter of Good Standing with the

compensation fund or with a licensed compensation insurer as contemplated in the

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Compensation for Occupational Diseases Act , 1993 (Act No. ) for his

company and each of his sub-contractors’.

8.2 No contractor may do any work for TFR without a valid letter of good standing. The

Contractor must ensure that the Letter of Good Standing remains valid for the duration of

the contract period.

8.3 The letter of good standing must reflect the name of the Contractor and/or Sub-

contractor, registration number and, expiry date.

9. Management and Supervision

9.1 The Contractor and all subcontractors shall submit a SHE organogram outlining the site

SHE management structure including the relevant appointments/competent persons or

the intended appointments where such appointments have not been made.

9.2 The Contractor shall, in accordance with the OHS Act and applicable Regulations, make all

the necessary appointments of competent persons in writing. Copies should also be

retained on the SHE file.

9.3 In case of construction work, additional appointments must be made in terms of the

Construction Regulations:

9.3.1 Construction Manager appointed fulltime on a single site with the duty of managing all

the construction work including the duty of ensuring occupational health and safety

compliance. The appointed construction manager may not manage any construction work

on or in any construction site other than the site in respect of which he or she has been

appointed.

9.3.2 A Contractor must upon having considered the size of the project, in writing appoint one

or more Assistant Construction Managers for different sections thereof: Provided that

the designation of any such person does not relieve the construction manager of any

personal accountability for failing in his or her management duties in terms of this

regulation.

9.3.3 A Construction Manager must in writing appoint Construction Supervisors responsible

for construction activities and ensuring occupational health and safety compliance on the

construction site.

9.3.4 No Construction Supervisor appointed may supervise any construction work on or in any

construction site other than the site in respect of which he or she has been appointed:

Provided that if a sufficient number of competent employees have been appropriately

designated under on all the relevant construction sites, the appointed construction

supervisor may supervise more than one site.

9.3.5 A Contractor must, upon having considered the size of the project, in writing appoint one

or more competent employees for different sections thereof to assist the construction

supervisor, and every such employee has, to the extent clearly defined by the contractor

in the letter of appointment, the same duties as the construction supervisor: Provided that

the designation of any such employee does not relieve the construction supervisor of any

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personal accountability for failing in his or her supervisory duties in terms of this

regulation.

9.3.6 A Contractor shall in writing appoint a full-time or part-time Construction Health and

Safety Officer in writing to assist in the control of all health and safety related aspects

on the site. (The Construction Health and Safety Officer must be registered with the

SACPCMP as from 07 August 2015).

9.3.7 The Construction Safety Officer shall have sound knowledge of the Occupational Health

and Safety Act and its regulations, National Environmental Management Act, and

associate environmental requirements such as Waste and Water Acts and sound

knowledge of Hazard Identification and Risk Management processes

9.4 Subcontractors shall also make the above written appointments and the Contractor shall

deliver copies thereof to the Contract Manager/Technical Officer.

10. SHE Committee Meetings and SHE Representatives

10.1 Where required by legislation, the Contractor and subcontractors shall appoint SHE

Representative/s in writing after consultation with employees and ensure that they are

trained in performing their duties.

10.2 SHE Representatives duties shall include inspections of the workplace, taking part in

incident investigations, risk assessments, attending SHE Committee meetings etc. Records

of monthly inspections of SHE Representatives must be kept on the SHE file.

10.3 The number of SHE Representatives appointed shall be in accordance with the

requirements of the Occupational Health and Safety Act .

10.4 Where required by legislation, the Contractor must ensure that a project/site SHE

Committee meeting is held monthly and minutes of such meeting shall be recorded and

records kept on the SHE file. The Contractor representative and appointed SHE

representatives shall attend the monthly SHE Committee meeting.

10.5 The Contract Manager/Technical Officer or his deputy shall be allowed to attend meetings

of the Contractor's health and safety committee as an observer.

10.6 Subcontractors appointed by the Contractor shall have their own internal monthly SHE

Committee meetings.

11. SHE Audits and Contractor Monthly Reports

11.1 The TFR Contract Manager/Technical Officer or his deputy shall ensure that the

Contractor’s SHE Plan is audited at intervals mutually agreed to between them, but at

least once every month to ensure that the SHE Plan is implemented and maintained on

site.

11.2 TFR Safety Officers / Specialists shall at all reasonable times be allowed access to the

work sites, the Contractor site offices and tool-sheds to inspect the Contractor’s and its

subcontractor’s tools, equipment, registers and workplace.

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11.3 Should any non-compliances or contraventions to the TFR safety requirements, legal

requirements, this specification or the Contractor’s SHE Plan be identified, such non-

compliances or contraventions shall be rectified by the contractor at its cost immediately

or within a period specified by the TFR Contract Manager/Technical Officer, his deputy, or

TFR Safety Officers / Specialists.

11.4 Should the Contractor refuse or fail to rectify such non-compliances or contraventions,

TFR may take remedial action at the Contractor’s cost as it may deem necessary to

ensure safety at the TFR sites at all times.

11.5 TFR reserves the right to conduct safety audits without prior warning.

11.6 The Contractor on all contracts of more than 1 month shall conduct its own safety audit

and provide a monthly safety performance report as required by TFR.

11.7 The Monthly safety performance report shall be compiled in terms of Annexure 2 or in any

format that the Contractor has as long as it includes all items listed in Annexure 2.

12. Training, Competence and Awareness

12.1 Induction Training

12.1.1 The Contractor shall ensure that all his employees and subcontractors employees undergo

a TFR SHE Induction with regard to the general hazards prevalent on the site, rules and

regulations, and other related aspects before commencing work. It is the responsibility of

the contractor to inform TFR whenever new employees are appointed after the initial

induction was conducted.

12.1.2 In addition to the TFR SHE induction, it is the responsibility of the Contractor to develop

and implement a site specific SHE Induction programme, a job specific induction

programme and a general employee SHE awareness programme, to develop awareness

amongst employees on the generic SHE issues associated with the scope of work and the

specific environmental issues in question.

12.1.3 The Contractor shall ensure that all visitors and suppliers to the site undergo and comply

with Contractors’ site-specific safety induction requirement prior to being allowed access

to site. All visitors and suppliers shall sign the attendance register.

12.1.4 All visitors and suppliers shall wear the necessary personal protective equipment whilst on

site and shall remain in the care of the host who understand the scope of work and

associated risks.

12.1.5 The Contractor shall maintain comprehensive attendance records of SHE induction

training on the SHE file.

12.2 Competency / Training

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12.2.1 The Contractor must ensure that all his employees are adequately trained to perform the

tasks allocated to them and that there is the requisite amount of supervision at all times

to maintain safe work practices and standards.

12.2.2 The Contractor shall identify training requirements of employees whose work may have a

significant impact on their health and safety or that might create a significant impact upon

the environment and ensure that these employees will receive appropriate training. A

Training matrix shall be used as a mechanism to manage and control the training of

employees.

12.2.3 The Contractor shall identify all training needs and incorporate the site specific training

into the SHE plan.

12.2.4 Each Contractor shall be required to ensure that before an employee commences work on

the Contract that the supervisor in control with responsibility for the employee has

informed the employee of his scope of authority and any hazards associated with the

work performed. This will include man-job specifications, the discussion of any standard

task procedures or hazardous operational procedures to be performed by the employee

12.2.5 The Contractor is to ensure that the supervisor has satisfied himself that the employee is

conversant with all hazards associated with any work to be performed by conducting task

observations.

12.2.6 The Contractor must ensure that certificate/s of competence where applicable is/are

provided in the SHE File.

12.2.7 The Contractor shall ensure that the Vehicle is driven by a competent and certified driver.

12.3 Awareness Training

12.3.1 Awareness training required shall be identified for all employees on the Contract using the

SHE Policy, the SHE Plan, the SHE programmes and procedures.

12.3.2 The Contractor shall have a daily safety talk. This talk shall include subcontractor

employees.

12.3.3 The talk must be brief and concise. Subject topics should be applicable to the job at hand,

incidents, accidents and up-and-coming work will be discussed along with suggestions

and comments. These meetings can be used as a training meeting with the central idea of

educating employees.

12.4 Training of Flagmen

12.4.1 The appropriate training for the flagmen provided by the Contractor can be provided by

Transnet Freight Rail (TFR) at the start of the contract.

12.4.2 Transnet Freight Rail (TFR) requires flagmen, and the pre-requisites for such persons to

qualify to be trained, shall be basic literacy skills and Basic English language ability.

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12.4.3 The Contractor will be required to supply at least six of his employees to be trained and

certificated in performance of protection duties.

12.4.4 Flagmen shall be officially trained, evaluated and certified competent, (Transnet Freight

Rail (TFR) 407 – Item Number 37/270451 - "Certificate of Competency") by a designated

competent person, before being used on protection duties. This certificate of competency

shall remain valid for one (1) year only after, which re-testing and re-certification of

competency will be required.

12.4.5 In cases where a person was not performing flagmen duties for a period of 6 months or

longer, shall be re-tested and again be re-certified competent, before he may be re-used

for Protection Duties. Retraining of Flagmen after 6 months of inactivity shall be for the

Contractor’s account.

13. Health and Safety Plan (SHE Plan)

13.1 Potential Contractor submitting tenders shall submit with their tender, a Health and Safety

Plan setting out the practical arrangements and procedures to be implemented by him to

ensure compliance by him with the OHS Act and Regulations, this SHE specification and

particularly in respect of: -

(a) The provision, as far as is reasonably practical, of a working environment that is safe and

without risk to the health of his employees and subcontractors in terms of section 8 of the

OHS Act;

(b) the execution of the contract work in such a manner as to ensure in terms of section 9 of

the OHS Act that persons other than those in the Contractor's employment, who may be

directly affected by the contract work are not thereby exposed to hazards to their health

and safety;

(c) ensuring, as far as is reasonably practical, in terms of section 37 of the OHS Act that no

employee or subcontractor of the Contractor does or omits to do any act which would be

an offence for the Contractor to do or omit to do.

(d) Provide health and safety cost breakdown that covers health and safety cost elements for

the duration of the contract and must be incorporated in the total contract cost.

13.2 The Contractor's Health and Safety Plan shall be based on a risk assessment in respect of

the hazards to health and safety of his employees and other persons under his control

that are associated with or directly affected by the Contractor's activities in performing

the contract work and shall establish precautionary measures as are reasonable and

practical in protecting the safety and health of such employees and persons.

13.3 The SHE Plan shall include full particulars in respect of: -

(a) Safety Management Structure arrangements i.e. Appointments to be done and how;

(b) SHE Organisation arrangements i.e. SHE Committees, SHE Audits, Findings and

Corrective Actions

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(c) Risk Management i.e. Risk Assessment frequencies, methodology

(d) Education and Training i.e. safety induction, site / job specific training

arrangements

(e) Emergency Planning and Fire prevention and protection

(f) Health and Safety Communication i.e. Toolbox talks, incident recall

(g) Safe working methods and procedures to be implemented i.e. safe work

procedures, task observation

(h) Fall Protection Plan i.e. documented plan, training/competency, medical

surveillance, rescue plan

(i) Personal protective Equipment and Clothing

(j) Contract Security i.e. site access control and security

(k) SHE Costs

(l) Occupational Health i.e. Medical Surveillance, First Aid, Welfare Facilities,

Substance Abuse testing, Noise, Vibration, Manual Handling etc.

(m) Environmental management

(n) Incident Management i.e. reporting and investigation

(o) Operational Control

(p) Review plan of the SHE Plan

13.5 The Contractor shall submit a final SHE Plan after awarding of the contract which shall be

subject to the TFR Contract Manager/Technical Officer's approval and he may, in

consultation with the Contractor, order that additional and/or supplementary practical

arrangements and procedures be implemented and maintained by the Contractor or that

different working methods or safety equipment be used or safety clothes be issued which,

in the TFR Contract Manager/Technical Officer's opinion, are necessary to ensure full

compliance by the Contractor with his obligations as an employer in terms of the OHS Act

and Regulations.

13.6 The Contractor shall approve the SHE Plan of the subcontractor and further take

reasonable steps to ensure that each subcontractor’s SHE Plan is implemented and

maintained on the site: Provided that the steps taken, shall include periodic audits at

intervals mutually agreed to between them, but at least once every month.

13.7 The Contractor shall stop any subcontractor from executing any work, which is not in

accordance with the Contractor’s, and/or subcontractor’s SHE Plan for the site or which

poses a threat to the health and safety of persons.

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13.8 The Contractor shall ensure that a copy of the SHE Plan is available on site for inspection

by an inspector, TFR Contract Manager/Technical Officer, agent, subcontractor,

employee, registered employee organisation, health and safety representative or any

member of the health and safety committee.

14. Hazards Identification and Potential Hazardous Situations

14.1 The Contractor shall ensure a risk assessment is carried out by a competent person,

appointed in writing, before commencement of any work and reviewed during the

duration of the contract period. The Risk Assessments shall form part of the Health and

Safety Plan to be applied on the site and shall include at least the following:

(a) The identification of the risks and hazards (including ergonomic risks) that persons

may be exposed to;

(b) The analysis and evaluation of the hazards identified;

(c) A documented plan, including safe work procedures to mitigate, reduce or control

the; risks identified; and

(d) A monitoring and review plan.

14.2 Risk assessments shall be conducted by a competent person and such person shall use a

documented method to analyse and evaluate identified risk and hazards.

14.3 The Contractor shall consult with the health and safety committee or, if no health and

safety committee exists, with a representative group of employees, on the development,

monitoring and review of the risk assessment

14.4 The risk assessment shall be reviewed when there are changes that affect the design of

the structure that may affect the health, safety and environment on site or after an

incident.

14.5 The Contractor shall ensure that all employees are to be informed, instructed and trained

regarding any risks, hazard and related SHE procedures by a competent person as

outlined in the risk assessment prior to commencement of work and thereafter at

predetermined intervals as outlined in the monitoring plan.

14.6 The Contractor shall ensure that all subcontractors are informed regarding any hazard as

stipulated in the risk assessment before any work commences, and thereafter at such

intervals as may be determined in the risk assessment.

14.7 The risk assessment shall be available on site for review. Where a risk assessment is not

readily available or not communicated to contractor employees, the activities shall be

stopped until such time the contractor complies.

14.8 The Contractor and the TFR Contract Manager/Technical Officer shall immediately notify

one another of any hazardous or potentially hazardous situations which may arise during

performance of the contract or any subcontractor and, in particular, of such hazards as

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may be caused by the design, execution and/or location and any other aspect pertaining

to the contract work.

14.9 The Contractor shall be required to analyse his scope of work and define these critical

activities. For each activity, a risk assessment shall be required which defines systems and

safe work procedures that will be used in order to complete the activity safely.

14.10 Copies of all safe work procedures and proof that employees have been trained on those

safe work procedures shall be kept on the SHE file.

14.11 Preliminary risk and hazard identification shall be conducted by the Contractor prior to

work commencement on site. Should the Client’s Agent (CHS Agent), TFR Contract

Manager/Technical Officer or his duly nominated alternative identify hazardous activities

performed by the Contractor on the site for which the Contractor has not submitted a risk

assessment, the Contractor shall be required to do so before continuing with work.

15. Safety, Health and Environmental (SHE) File

15.1 The Contractor shall prepare a SHE file and submit to TFR Contract Manager for approval

prior to commencement of work on site. The file shall include all documentation required

as per the OHS Act and applicable regulations.

15.2 The approval time of the file is at least 5 working days

15.3 The Contractor shall ensure that a copy of the both his SHE File as well as any

subcontractor’s SHE File is kept on site and made available to an inspector of the

Department of Labour, the TFR Contract Manager/Technical Officer, or subcontractor

upon request.

15.4 The Contractor shall hand over a consolidated SHE file to the TFR Contract

Manager/Technical Officer upon completion of the Work and shall in addition to

documentation mentioned in the OHS Act and applicable Regulations include a record of

all drawings, designs, materials used and other similar information concerning the

completed structure.

Construction plant 13

35.0 Work performed under dead conditions under cover of a

Work

8.1.1.4 The bidder shall be fully responsible for determining and justifying the appropriate of 17 BBH 7777 Version 2 installation location within the locomotive. 8.1.1.5 Where a 19” rack is available, it may be utilised if deemed appropriate by the bidder. Alternative mounting locations may be proposed where operationally or technically justified. 8.1.2 SyS-REQ063: Antenna Installation & Responsibility: The bidder shall be responsible for determining the appropriate antenna configuration and installation location to ensure optimal signal reception and transmission. The bidder may: 8.1.2.1 Utilise an existing TFR GPS antenna, subject to confirmed spare slot availability on the bulkhead/roof, or 8.1.2.2 Install a dedicated antenna solution, which shall be high-voltage (HV) approved and suitable for railway environments 8.1.2.3 All antenna installations shall

Be mechanically robust

Be designed to withstand environmental and operational conditions, including exposure to overhead track equipment (OHTE)

Not interfere with existing locomotive systems

Comply with applicable safety and electrical clearance requirements

The bidder assumes full responsibility for antenna integration, certification, and long-term integrity of the installation Figure 2 Recommended Roof Layout for antenna mounting 9 Locomotive environmental conditions The guideline that must be adhered to for equipment to be used in the railway is described in the document CSE-1154-001-CAT E48 Version 2. 9.1 Cenelec EN50155: Railway applications- Electronic equipment used on rolling of 17 BBH 7777 Version 2 stock 9.1.1 SyS-REQ064: The GPS Electronic equipment used on rolling stock system modules shall meet EN 50155 standard requirements to ensure it is suitable for railway applications. 9.1.2 SyS-REQ065: The system must be able to function without failure across a wide range of temperatures encountered in railway environments (-40°C to +85°C). 9.1.3 SyS-REQ066: The GPS system equipment shall be designed and tested to resist mechanical stress due to vibrations and shocks experienced during locomotive operation. 9.1.4 SyS-REQ067: The GPS system equipment shall be able to operate reliably in high humidity conditions and resist moisture ingress. 9.1.5 SyS-REQ068: All electronic components should be coated to protect against dust, moisture, and other environmental factors that could compromise reliability. 9.1.6 SyS-REQ069: Input surges are extremely higher on older type locomotives (e.g., 10E locomotives) and the GPS equipment must be immunised against higher surges than would normally be expected. In this respect, the requirements that are stipulated in EN50155 must be used as a minimum. 9.1.7 SyS-REQ070: The materials and design of the system should minimise the risk of fire and smoke, ensuring safety and reliability in railway applications. 9.2 Cenelec EN50121-3-2: Railway Applications: Electromagnetic compatibility, Rolling stock apparatus 9.2.1 SyS-REQ071: The GPS system equipment shall not produce noise levels that may interfere with other nearby devices as per EN50121-3-2. 9.3 IP Rating 9.3.1 SyS-REQ072: The GPS modules shall be rated IP67 or higher for environmental protection. 10 Security 10.1 Data security 10.1.1 SyS-REQ073: A security architecture document detailing the data encryption methodologies used (e.g., TLS 1.2 or higher) must be provided. 10.1.2 SyS-REQ074: Data in transit such as location data, user credentials, configuration files, logs, and any other confidential information must be encrypted. 10.1.3 SyS-REQ075: To comply with South African data protection regulations and ensure the security of sensitive location data, all GPS data from locomotives must be processed/ hosted locally before any potential transfer to international servers. 10.1.4 SyS-REQ076: The service provider shall provide a SOC II type 2 report or ISO-27001 of 17 BBH 7777 Version 2 compliance report or an attestation that a pen test has been conducted and findings remediated. 10.2 Theft and vandalism 10.2.1 SyS-REQ077: The GPS system equipment installed on the locomotives must be hardened to ensure they are robust and resistant to physical damage. 10.2.2 SyS-REQ078: The GPS system equipment must have security mechanisms to protect the device from theft, unauthorized access, and vandalism. 11 GPS System Redundancy 11.1 Redundancy requirements 11.1.1 SyS-REQ079: The GPS must be able to fall back to alternative wireless communication methods in case of primary network failure. 11.1.2 SyS-REQ080: The GPS must have backup power supplies in case of primary power source failure. 11.1.3 SyS-REQ081: The system must have backup servers in the case of primary server failure. 12 System Verification & Validation 12.1 Tests and examinations 12.1.1 SyS-REQ082: Operational Dashboard Capability - The solution shall provide configurable, web-based dashboards enabling authorised TFR users to visualise locomotive location, status, and historical movement data in near real-time. Dashboards shall support: 12.1.1.1 Fleet-level overview (map-based and tabular views) 12.1.1.2 Individual locomotive drill-down 12.1.1.3 Time-based filtering (date, shift, corridor, depot) 12.1.1.4 Export of data in structured formats for further analysis 12.1.1.5 The system shall allow user-defined views and filters appropriate to railway operational control environments. 12.1.2 SyS-REQ083: Railway-Specific Analytics - The solution shall provide analytics suitable for railway operations, including but not limited to: 12.1.2.1 Route and corridor utilisation analysis 12.1.2.2 Dwell time and idle time analysis 12.1.2.3 Movement history and replay functionality 12.1.2.4 Communication performance reporting 12.1.2.5 Device health and uptime monitoring 12.1.2.6 The system shall enable TFR to generate reports that support operational performance monitoring, asset utilisation assessment, and service reliability analysis. 12.1.3 SyS-REQ084: Scalability & Performance - The dashboard and analytics platform shall be scalable to support the full fleet size and concurrent user access without degradation in performance. The bidder shall specify: of 17 BBH 7777 Version 2 12.1.3.1 Data refresh intervals 12.1.3.2 System response times 12.1.3.3 Historical data retention limits 13 System Verification & Validation 13.1 Tests and examinations 13.1.1 SyS-REQ085: The successful contractor(s) shall be responsible for drafting an Acceptance Test Procedure (ATP) and submitting this to Transnet Freight Rail for Approval. 13.1.2 SyS-REQ086: The tests shall be executed according to the ATP to test the functionality of the complete system using a holistic approach. 13.1.3 SyS-REQ087: The test cases shall have traceability to both the System Requirement Specification (SRS) and the User Requirement Specification (URS). of 17

No specific requirements found

The bidder assumes full responsibility for antenna integration, certification, and long-term integrity of the installation. 0 = No en 50155 railway equipment compliance evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). Product Technical SyS-REQ064: The GPS Electronic equipment used on rolling Documentation 2 = Partial capability or documentation provided (0.264%). stock system modules shall meet EN 50155 standard 0.528% System Architecture requirements to ensure it is suitable for railway applications. Documentation 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). 0 = No temperature operating range capability evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ065: The system must be able to function without Product Technical 2 = Partial capability or documentation provided (0.264%). failure across a wide range of temperatures encountered in 0.528% Documentation railway environments (-40°C to +85°C). 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). 0 = No vibration and shock resistance evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ066: The GPS system equipment shall be designed and Product Technical 2 = Partial capability or documentation provided (0.264%). tested to resist mechanical stress due to vibrations and shocks Documentation 0.528% experienced during locomotive operation. 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). 0 = No humidity and moisture resistance evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ067: The GPS system equipment shall be able to Product Technical 2 = Partial capability or documentation provided (0.7%). operate reliably in high humidity conditions and resist moisture 1.4% Documentation ingress. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No protective coating for environmental protection evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ068: All electronic components should be coated to Product Technical 2 = Partial capability or documentation provided (0.7%). protect against dust, moisture, and other environmental factors 1.4% Documentation that could compromise reliability. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No input surge protection evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ069: Input surges are extremely higher on older type locomotives (e.g., 10E locomotives) and the GPS equipment Product Technical 2 = Partial capability or documentation provided (0.7%). must be immunised against higher surges than would normally 1.4% Documentation be expected. In this respect, the requirements that are 3 = Documented compliance with supporting technical evidence provided (1.1%). stipulated in EN50155 must be used as a minimum. 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). of 12 0 = No fire and smoke risk minimisation evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ070: The materials and design of the system should Product Technical 2 = Partial capability or documentation provided (0.7%). minimise the risk of fire and smoke, ensuring safety and 1.4% Documentation reliability in railway applications. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No emc/noise interference compliance evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ071: The GPS system equipment shall not produce Product Technical 2 = Partial capability or documentation provided (0.7%). noise levels that may interfere with other nearby devices as per 1.4% Documentation EN50121-3-2. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No IP67 environmental protection rating evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ072: The GPS modules shall be rated IP67 or higher for Product Technical 2 = Partial capability or documentation provided (0.7%). 1.4% environmental protection. Documentation 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No security architecture and encryption methodology evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ073: A security architecture document detailing the Product Technical 2 = Partial capability or documentation provided (0.7%). data encryption methodologies used (e.g., TLS 1.2 or higher) 1.4% Documentation must be provided. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No encryption of data in transit evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ074: Data in transit such as location data, user Product Technical 2 = Partial capability or documentation provided (0.7%). credentials, configuration files, logs, and any other confidential 1.4% Documentation information must be encrypted. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No popia/data protection compliance evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ075: To comply with South African data protection regulations and ensure the security of sensitive location data, all Product Technical 2 = Partial capability or documentation provided (0.7%). 1.4% GPS data from locomotives must be processed/ hosted locally Documentation before any potential transfer to international servers. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No security assurance certification evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ076: The service provider shall provide a SOC II type 2 Product Technical 2 = Partial capability or documentation provided (0.7%). report or ISO-27001 compliance report or an attestation that a 1.4% Documentation pen test has been conducted and findings remediated. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No physical equipment hardening evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ077: The GPS system equipment installed on the Product Technical 2 = Partial capability or documentation provided (0.7%). locomotives must be hardened to ensure they are robust and 1.4% Documentation resistant to physical damage. 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). of 12 0 = No anti-theft and unauthorised access protection evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ078: The GPS system equipment must have security Product Technical 2 = Partial capability or documentation provided (0.7%). mechanisms to protect the device from theft, unauthorized 1.4% Documentation access, and vandalism 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No fallback wireless communication evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ079: The GPS must be able to fall back to alternative Product Technical 2 = Partial capability or documentation provided (0.264%). wireless communication methods in case of primary network 0.528% Documentation failure. 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). 0 = No backup power supply evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ080: The GPS must have backup power supplies in case Product Technical 2 = Partial capability or documentation provided (0.7%). 1.4% of primary power source failure. Documentation 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No backup server capability evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ081: The system must have backup servers in the case Product Technical 2 = Partial capability or documentation provided (0.264%). 0.528% of primary server failure. Documentation 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). SyS-REQ082: Operational Dashboard Capability - The solution 0 = No operational dashboard capability evidence provided (0%). shall provide configurable, web-based dashboards enabling authorised TFR users to visualise locomotive location, status, 1 = Requirement is mentioned but evidence is insufficient (0.132%). and historical movement data in near real-time. Dashboards shall support: Product Technical 2 = Partial capability or documentation provided (0.264%).

Fleet-level overview (map-based and tabular views) 0.528% Documentation

Individual locomotive drill-down 3 = Documented compliance with supporting technical evidence provided (0.396%).

Time-based filtering (date, shift, corridor, depot)

Export of data in structured formats for further analysis 4 = Fully compliant implementation validated through test results, certification or operational proof

The system shall allow user-defined views and filters (0.528%). appropriate to railway operational control environments. SyS-REQ083: Railway-Specific Analytics - The solution shall 0 = No railway-specific analytics evidence provided (0%). provide analytics suitable for railway operations, including but not limited to: 1 = Requirement is mentioned but evidence is insufficient (0.4%).

Route and corridor utilisation analysis

Dwell time and idle time analysis Product Technical 2 = Partial capability or documentation provided (0.7%).

Movement history and replay functionality 1.4% Documentation

Communication performance reporting 3 = Documented compliance with supporting technical evidence provided (1.1%).

Device health and uptime monitoring

The system shall enable TFR to generate reports that support 4 = Fully compliant implementation validated through test results, certification or operational proof operational performance monitoring, asset utilisation (1.4%). assessment, and service reliability analysis. 0 = No dashboard scalability and performance evidence provided (0%). SyS-REQ084: Scalability & Performance - The dashboard and 1 = Requirement is mentioned but evidence is insufficient (0.4%). analytics platform shall be scalable to support the full fleet size and concurrent user access without degradation in performance. Product Technical 2 = Partial capability or documentation provided (0.7%). The bidder shall specify: 1.4% Documentation

Data refresh intervals 3 = Documented compliance with supporting technical evidence provided (1.1%).

System response times

Historical data retention limits 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). 0 = No acceptance test procedure (atp) evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ085: The successful contractor(s) shall be responsible Product Technical 2 = Partial capability or documentation provided (0.264%). for drafting an Acceptance Test Procedure (ATP) and submitting 0.528% Documentation this to Transnet Freight Rail for Approval. 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). of 12 0 = No atp execution and system testing evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.132%). SyS-REQ086: The tests shall be executed according to the ATP Product Technical 2 = Partial capability or documentation provided (0.264%). to test the functionality of the complete system using a holistic 0.528% Documentation approach. 3 = Documented compliance with supporting technical evidence provided (0.396%). 4 = Fully compliant implementation validated through test results, certification or operational proof (0.528%). 0 = No test case traceability evidence provided (0%). 1 = Requirement is mentioned but evidence is insufficient (0.4%). SyS-REQ087: The test cases shall have traceability to both the Product Technical 2 = Partial capability or documentation provided (0.7%). System Requirement Specification (SRS) and the User 1.4% Documentation Requirement Specification (URS). 3 = Documented compliance with supporting technical evidence provided (1.1%). 4 = Fully compliant implementation validated through test results, certification or operational proof (1.4%). of 12

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.

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

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

condition of the contract;

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

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

Department or towards any public body, Enterprise or person;

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

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

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

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

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

Procurement Regulations, 2017 issued in terms of the Preferential Procurement Policy Framework Act

which will affect the evaluation of a Bid or where a Bidder has failed to declare any subcontracting

arrangements;

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

could not be recovered from the contractor;

i) has litigated against Transnet in bad faith.

7 previous transgressions

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

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

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

government department or private sector company that could justify its exclusi

pability to monitor the quality of positional

5.1.5 SyS-REQ005: The GPS system shall record and store positional data quality metrics along

proper documentation, evaluation, and approval.

locomotive, including all positional data points, for a minimum of 12 months.

read, write, modify, delete). Permissions shall govern access to data sets and API functionality

5.1.4 SyS-REQ004: The GPS system shall have the capability to monitor the quality of positional