The provision of hosted pbx nationally for a period of five (5) years

Cell A3: 1. Bidder must read the notes prior to completing the schedule of Services Rendered below.

Cell A3: 1. Bidder must read the notes prior to completing the schedule of Services Rendered below.

Cell B16: Independent Communications Authority of South Africa

Cell B16: Independent Communications Authority of South Africa

{"closingDate":"25 March 2026"}

{"name":null,"email":"[email protected]","phone":null,"department":"ies for improvement.","address":"0:UpdatedforODISOtomonitorandreportnon"}

impact of change-related incidents upon service quality and consequently improve the

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

Change Management’s (CM) function is to ensure that modifications to the Transnet ICT

environment are recorded, evaluated, authorised, prioritised, planned, tested,

implemented, documented and reviewed in a controlled manner to minimise the risk of

negative impact of changes to Transnet.

This standard governs changes made to all Transnet ICT Services, Service Components

(SC) and Configuration Items (CIs). This includes but is not limited to:

• Host systems, including rebooting of servers.
• Environmental components, power systems, fire suppression systems within

Data centres.

• All hardware components.
• Software elements including application and databases systems.
• Network components including physical cabling.
• Security devices.
• Documentation including policies, procedures, service catalogues, and system

documentation.

This Standard establishes the principles and practices for ICT Change Management within

Transnet. How these principles and practices are implemented is set out within a

separate, but supporting, Standard Operating Procedures (SOP) document.

3. Definitions

For ease of reference words, expressions and abbreviations used in the standard are

defined below:

CAB: The Change Advisory Board delivers support to a change management team by

approving requested changes and assisting in the assessment and prioritization of

changes. This body is generally made up of IT and Business representatives that

include: a change manager, user managers and groups, and technical experts.

CI: Configurations Items is a component that needs to be managed to deliver an IT

Service.

CM: Change Management is a process that ensures standardized methods and

procedures are used for efficient and prompt handling of all changes, to minimize the

impact of change-related incidents upon service quality and consequently improve the

day-to-day operations of the organization.

Transnet ICT Change Management Standard

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Bulk/Large scale Implementation: A roll out of a pre‐authorised change that affects

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

in a single execution window.

CMDB: Configuration Management Database is a data repository that acts as a data

warehouse or inventory for information technology (IT) installations. It holds data

relating to a collection of IT assets (commonly referred to as configuration items

(CI)), as well as to descriptive relationships between such assets.

ECAB: Emergency Change Advisory Board is sub-set of the Change Advisory Board

who makes decisions about high impact Emergency Changes. Membership of the ECAB

may be decided at the time a meeting is called and depends on the nature of the

Emergency Change.

ICT: Information and Communications Technology is another/extensional term for

information technology (IT) which stresses the role of unified communications and

the integration of telecommunications (telephone lines and wireless signals),

computers as well as necessary enterprise software, middleware and storage.

KPI: Key Performance Indicators is a measurable value that demonstrates how

effectively a company is achieving key business objectives. Organizations use KPIs to

evaluate their success at reaching targets.

OD (Operating Division): Transnet has the following: Operating Divisions namely

TFR, TRIM, TPL, TPT, TNPA, TE, TP and TCC.

PIR: Post Implementation Review takes place after a Change has been

implemented. It determines if the Change and its implementation Project were

successful and identifies opportunities for improvement.

RCA: Root Cause Analysis is the underlying or original cause of an Incident or Problem.

is a method of problem solving used for identifying the causes of faults or problems.

RFC: Request for Change it is a call logged or form that is completed which states what

needs to be accomplished but leaves out how the change should be carried out.

SC: Service Components is a means of delivering value to customers by facilitating

outcomes customers want to achieve, but without the ownership of specific costs and

risks.

SOP: Standard Operating Procedure is a set of written instructions that document a

routine activity that is to be followed by members of an organization.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

4. Scope

4.1 Activities

4.1.1 Change Management's key activities include ensuring that all changes to all

environments are recorded, evaluated, authorised, prioritised, planned, tested,

implemented, documented and reviewed. Change Management is also responsible

for reporting on the effectiveness of the process to senior management and

identifying improvements that can be made and ensuring that the Change

Management process is auditable and key risks have been identified and mitigated

against.

4.2 Audience

4.2.1 ICT staff whose role(s) includes:

• Making changes to existing ICT Services, Service Components (SC) and

Configuration Items (CIs).

• Delivering and supporting Services.
• Supporting deployed Services.
• Representing ICT to the Business.
• Any other responsibilities where awareness of the Standard is necessary.

4.2.2 Business personnel:

• Represent Business’s interests as the recipient of deployed Services.

4.3 IT services

4.3.1 This Standard applies companywide to IT Services, including, but not limited to

Transversal Services and Services delivered by an Operating Division (OD) to

itself or other ODs.

4.4 Activities out of scope

4.4.1 The scope of Change Management covers changes to Services and Configuration

Items across the entire Service Life Cycle as dictated by Configuration

Management

4.4.2 Changes outside the scope of the ICT Change Management process include:

• Organisational changes.
• Changes to business operations.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

• Changes at an operational level such as repair to printers or other routine

service components.

5. Standard statements

5.1 General

5.1.1 Transnet adopted a common Change Management Process for handling and

controlling changes across all Operating Divisions.

5.1.2 Change Management Process activities should be documented in a Procedures

document.

• The Process and their activities should conform to ITIL and COBIT best

practice, allowing for differences to enable customisation to Transnet’s

environment.

• Appropriate customisation to the common Change Management Process

activities is permitted.

5.1.3 All Changes should follow the Change Management Process. This includes those

for key Service Providers of IT Services.

5.1.4 Change Management should manage all Changes in such a way to minimise

Business impact.

5.1.5 Change Management records should be audited to ensure that the information in

them is accurate and complete.

5.1.6 Change Management should identify improvement opportunities and include them

in the Continual Service Improvement (CSI) register.

5.1.7 Change Management should define relevant process Key Performance Indicators

(KPIs), and track and report on them to ICT Management.

5.1.8 Management should ensure that sufficient resources are allocated to execute

Change Management effectively and efficiently.

5.1.9 All Requests for Changes should be recorded and managed in an Information

Technology Service Management (ITSM) Tool.

5.1.10 All Change records should be updated with relevant and complete information so

as to record a full history. This should include, but not be limited to:

• Request for Change form.
• Risk Assessment of the change.
• A Test Plan.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

• Implementation Plan.
• A Back-out Plan.
• Communication Plan.
• Report from Incident Management.
• Report from Problem Management.
• Post Implementation review report.

5.1.11 All submitted Requests for Change should be evaluated for completeness by the

Change Manager.

5.1.12 Incomplete forms must not be submitted to the Change Advisory Board (CAB)

for approval.

5.1.13 The Change Advisory Board (CAB) will authorise a Request for Change (RFC)

based upon the risk assessment, service levels and provided there is a business

justification for the change.

5.1.14 Where feasible, testing should be done in a QA environment and documented in

relevant application standard operating procedure (SOP).

5.1.15 All Changes to existing Configuration Items (CIs) that are not yet in the

Configuration Management Database (CMDB), should be added/updated to the

Cmdb.

5.1.16 Some incidents may or not may not be related to a Change, but where a Change

has caused an incident then the Change Manager should facilitate a review

meeting and a report should be generated and fed back to the Change Advisory

Board. (Also refer to section 5.8 Root Cause Analysis)

Transnet ICT Change Management Standard

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5.2 Change types:

A change is the addition, modification or removal of any authorized, planned, or

supported service or service component that could have an effect on ICT services.

5.2.1 Changes are categorised into three types:

a. Standard Change (Preauthorised):

ls a change that is pre-authorised by CAB, repetitive, low-risk and well

tested. These changes would include operational maintenance type

changes and management should have an accepted and established

procedure for these changes.

b. Normal Change:

Is a change raised by a request from the initiator or the individual or

organisational group that should go through assessment, authorisation

and CAB approval before it can be implemented.

c. Urgent Change:

An Urgent Change is a change that must be implemented faster than the

timelines of a Normal Change. But does not qualify as an Emergency

Change. These changes address situations where delay would cause

service degradation, regulatory non-compliance, operational disruption, or

increased business risk, but where the impact is not immediately critical.

Urgent Changes still require assessment, authorisation, and documented

approval, but follow a shortened, fast-tracked review and CAB decision

process.

d. Emergency Change:

Is a Change that must be introduced as soon as possible as the result of

a critical event. This event must have a significant impact on ICT

services. Details are often captured at a later date.

5.3 Pre-authorised changes

Pre-authorised changes are low-risk and repeatable activities approved in advance by the

CAB. While these changes do not require individual CAB approval for each execution, any

large-scale, bulk, or infrastructure-wide implementation of pre-authorised changes must

be reported to the CAB for noting prior to execution. This ensures visibility, coordinated

scheduling, and proactive management of aggregated risk.

The following is a list of CAB-approved pre-authorised (standard) changes:

5.3.1 Identity and Access Management:

• Monthly or regular user account terminations (e.g., leavers).

Transnet ICT Change Management Standard

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• Disabling of dormant or inactive user accounts.
• User account unlocking following lockouts.
• Password resets executed through approved processes.
• Group membership amendments aligned to approved role-based access

requests.

5.3.2 Active Directory and Directory Services

• Creation of standard user and service accounts.
• Routine Organisational Unit (OU) management activities.
• Enforcement of existing password and directory security policies.

5.3.3 Endpoint and User Device Management

• Standard device join and removal from domain or MDM platforms.
• Routine endpoint security agent installations or updates.
• Endpoint quarantine or isolation for security remediation purposes.

5.3.4 Security Operations

• Blocking malicious domains, IP addresses, or URLs based on threat

intelligence.

• Routine email and firewall rule clean-up (disable or remove unused rules).
• Enforcement of existing security baselines without architectural changes.
• Regular vulnerability remediation aligned to approved patch cycles.

5.3.5 Network and Infrastructure Operations

• Routine DNS record updates with no production impact.
• Standard VLAN or port configuration changes for end-user connectivity.
• Network access revocation for decommissioned devices.
• Log retention and archive management activities.

5.3.6 Patch and Maintenance Activities

• Monthly/daily operating system patching: Routine application of security

patches, software updates, or antivirus signature updates.

• Standard application patching aligned to vendor recommendations.
• Firmware upgrades conducted within approved maintenance windows.

5.4 Urgent changes

5.4.1 An Urgent Change is a time-sensitive change that cannot wait for the normal

CAB cycle but does not meet the critical severity required for an Emergency

Change. These changes address situations where delays may cause service

degradation, operational disruption, or compliance risks.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

5.4.2 An Urgent Change must undergo an expedited assessment to ensure that the

risks, impacts, and back-out plans are clearly understood before

implementation.

5.4.3 Urgent Changes must be authorised by the Change Manager and at least two

CAB members, or by the CAB Chairperson (or delegate), using an accelerated

approval process such as email or virtual approval.

5.4.4 Full documentation must be submitted to the CAB at the next scheduled CAB

meeting for review.

5.4.5 An RFC for the Urgent Change must be created within a reasonable timeframe

and no later than 24 hours before implementation, unless circumstances

require immediate action.

5.5 Emergency changes

5.5.1 Each situation is different and as much consideration as possible should be

given to the possible consequences of attempting this type of change.

5.5.2 An emergency change should be designed carefully and tested before use if

possible, or the impact of the emergency change may be greater than that of

the original Incident.

5.5.3 Emergency Changes must be authorised by the Emergency Change Advisory

Board (ECAB). Full documentation must be submitted to the CAB upon

abatement of the crisis.

5.5.4 An RFC for the Emergency Change must be created within a reasonably

timeframe within 24 hours after the change.

5.6 Change advisory board (cab)

5.6.1 The Change Advisory Board (CAB) reviews all RFCs submitted and determine

whether or not they should be implemented. In addition, it may determine that

certain changes are altered before implementing.

5.6.2 The CAB should meet weekly except during change freeze periods. The Change

Manager should provide an agenda of newly submitted items and a change

status schedule. The purpose of this meeting is to:

• Bring all required parties together to assess the feasibility of implementing

the change and provide status.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

• To review the status of all open changes and schedule for the current and

upcoming weeks.

• Discuss high impact changes.
• Approve or decline each change.

5.6.3 Attendees of these weekly meetings should include the following representatives,

for both Transnet Group and the various Operating Divisions (ODs):

• Change Manager.
• All Operating Divisions representatives.
• Service provider/vendor representatives.
• IT Security representative.
• Service Desk representative.

5.7 Emergency change advisory board (ecab)

5.7.1 We appreciate that due to the nature of these types of changes that it is not very

practical to either wait for group of advisory board members to gather or to seek

approval for a change to be made. This is made especially difficult for out of

hour’s incidents that require immediate or quick changes to be made to restore a

service. In these circumstances, the Change Manager, GM Enterprise Service

Delivery and representatives from the ODs affected by the Change, have the

authority to approve a change.

5.7.2 The change request form should still be filled in, even if it is retrospectively.

5.8 Change freeze periods

5.8.1 At certain critical times of the year, it may be necessary to impose a non-essential

change freeze period. This can be partial or full, meaning that it applies to all

services or only some.

5.8.2 During this time only changes deemed essential to either the running of or fixing

of a problem with a particular service should be considered for approval and

implementation.

5.8.3 Approvals need to be obtained from the assigned role/roles as per the

requirements of section 5.4.

5.8.4 The dates of any change freeze should be communicated well in advance to

enabled teams to plan and work around them. The communication will also

advise on how to obtain approval for essential changes during this time.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

5.9 Rescheduling or cancellation of a change

5.9.1 If for any reason a CAB-approved change has to cancelled or postpone, then the

Change Manager has to be informed.

5.9.2 If the Change need to be performed at a later date, then a new RFC should be

submitted.

5.10 Root cause analysis

5.10.1 A root cause analysis for a failed change should include:

• Basic information about the change e.g., Change reference number,

implementation date and change description.

• Business impact as a result of the failed change.
• Root cause of the failed change.
• Preventative measures.

5.11 Post implementation review of changes

5.11.1 After any change has been implemented, the person who is responsible for

implementing the Change should perform a Post Implementation review of the

Change.

5.11.2 Post Implementation Review feedback should be provided to CAB and included in

the CAB meeting minutes.

5.12 Change record closure

5.12.1 Before a Change record is Closed, the following quality assurance should be

done:

• Verification that the Change was implemented as planned.
• The change should be closed with appropriate closure category.
• Failed changes should be closed and resubmitted as a new change.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

5.13 Unauthorised changes

5.13.1 Unauthorised Changes are a serious breach of this standard and an unacceptable

risk to Transnet. If unauthorised changes are detected, the CAB should sanction

an investigation to determine the impact of the unauthorised Changes and what

actions need to be taken.

6. Roles and responsibilities

Responsible: Service Delivery Manager

Accountable: GM: Enterprise Technology & PMO Services

Monitoring: ICT Operations Council

Standard Owner: GM: GICT Governance, Risk & Security

Standard Sponsor: Chief Information Officer

7. Related information and reference

This Standard should be read in conjunction with the following supporting guidelines:

7.1 Internal documents

• ICT Governance Policy
• Transnet Information Security Policy
• ICT Vendor Management Standard
• ICT Cloud Standard

7.2 External documents

• ISO/IEC 27001 – Information Security Management
• ISO/IEC 27002 – Information Security Controls
• ISO/IEC 27005 – Information Security Risk Management
• ITIL (Information Technology Infrastructure Library)
• Cobit 5

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

8. Exclusions

The following environments do not have a Quality and Assurance (QA) or test

environment. Changes to these environments will be implemented directly in the

Production Environment for testing in a controlled manner with a rollback plan:

Example:

• Cloud Security Services (e.g., AAD, MDE, Mimecast, Cloudflare)
• Active Directory
• Firewall
• VMWare
• Network Devices
• Printers

A full list of Cloud Security Services can be found on the Transnet Intranet. Waivers - All

Documents (path: SharePoint>Policies & Procedures>ICT Standards>2.Waivers)

9. Request to deviate from standard

In cases where material and compelling circumstances merit deviation(s) from

particular provision(s) of this Standard, written submissions shall be sent to the GICT

GM Governance, Risk and Security, who shall have full authority to grant such

request, in whole or in part, or to refuse same.

10. Compliance monitoring

Compliance monitoring should be performed by the Operating Division Information

Security Officer (OD ISO). Any non-compliance with this Standard that requires further

action should be reported to the ISGRC Committee for escalation, oversight, and

remediation.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

11. Non-compliance

Each employee is responsible for complying with the requirements of this standard. Any

violation may result in one or more of the following actions:

• Restriction or removal of access to some or all Transnet systems for employees

or third parties.

• Corrective or disciplinary action in accordance with the Transnet Disciplinary

Code and Procedures and any other applicable policies.

• Legal action, including civil or criminal proceedings, where permitted under

applicable law.

• Restitution, where the violator may be required to compensate Transnet for any

loss or misuse of services.

• Termination or cancellation of contracts with third-party service providers.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

1.0 April 2014 Approvedversion

1.1 April 2019 Updatedownerandsponsorwithnochangestothecontents

oftheChangeManagementStandard.

2.0 February 2023

• UpdatedtheStandardreviewdate,ownerandsponsor

information.

• Updatedthenumberingforeachparagraphpersectionfor

easeofreference.

• Nomaterialchangestothecontentwererequiredduring

thereviewprocessfromanyoftheoperatingdivisions.

• Section5.1.14Updated“Wherefeasible,testingshouldbe

doneinaQAenvironmentanddocumentedinrelevant

applicationstandardoperatingprocedure(SOP).”

• Section5.2.1AlignedtoITILdefinitionsforStandard,

• Section5.3Updatedemergencychangesstatement.

• Addedsection5.9PostImplementationReviewofChanges.

• Section6UpdatedRoles&Responsibilities.

• Section8Addedexclusionsforenvironmentsthatdonot

haveaQAenvironmentfortesting.

• Nomaterialchangestothecontentsofthestandard. 3.0 February 2026
• ChangedStandardownertoGM:Governance,Risk&

5.1.12 Incomplete forms must not be submitted to the Change Advisory Board (CAB)

for approval.

5.1.13 The Change Advisory Board (CAB) will authorise a Request for Change (RFC)

based upon the risk assessment, service levels and provided there is a business

justification for the change.

5.1.14 Where feasible, testing should be done in a QA environment and documented in

relevant application standard operating procedure (SOP).

5.1.15 All Changes to existing Configuration Items (CIs) that are not yet in the

Configuration Management Database (CMDB), should be added/updated to the

5.11.2 Post Implementation Review feedback should be provided to CAB and included in

the CAB meeting minutes.

5.12 Change record closure

5.12.1 Before a Change record is Closed, the following quality assurance should be

done:

• Verification that the Change was implemented as planned.
• The change should be closed with appropriate closure category.
• Failed changes should be closed and resubmitted as a new change.

The following environments do not have a Quality and Assurance (QA) or test

environment. Changes to these environments will be implemented directly in the

• Theword“will”wasidentifiedinsomestatementsastoo

softandambiguousandthenreplacedwith“should”or

“must”.

• DefinitionshavebeenmovedfromAppendix AintoSection 3

toalignwiththesamestructureusedinotherStandards.

• Addednewsection5.3includingthelistofCABapproved

1. Background ....................................................................................... 5
2. Purpose .............................................................................................. 5
3. Definitions ........................................................................................ 5
4. Scope .................................................................................................. 7
5. Standard statements ...................................................................... 8

5.2 Change Types: ............................................................................. 10

5.3 Pre-authorised changes ........................................................ 10

5.4 URGENT Changes ........................................................................ 11

5.5 Emergency changes ................................................................. 12

5.6 Change advisory board (cab) ................................................ 12

5.7 Emergency change advisory board (ecab) ........................... 13

5.8 Change freeze periods ........................................................... 13

5.9 Rescheduling or cancellation of a change ........................ 14

6. Roles and responsibilities ............................................................ 15
7. Related information and reference ............................................ 15
8. Exclusions ....................................................................................... 16
9. Request to deviate from standard ............................................. 16
10. Compliance monitoring ................................................................. 16
11. Non-compliance .............................................................................. 17

© Transnet SOC Ltd, February 2026

Bulk/Large scale Implementation: A roll out of a pre‐authorised change that affects

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

in a single execution window.

CMDB: Configuration Management Database is a data repository that acts as a data

warehouse or inventory for information technology (IT) installations. It holds data

relating to a collection of IT assets (commonly referred to as configuration items

(CI)), as well as to descriptive relationships between such assets.

ECAB: Emergency Change Advisory Board is sub-set of the Change Advisory Board

who makes decisions about high impact Emergency Changes. Membership of the ECAB

may be decided at the time a meeting is called and depends on the nature of the

PIR: Post Implementation Review takes place after a Change has been

implemented. It determines if the Change and its implementation Project were

successful and identifies opportunities for improvement.

RCA: Root Cause Analysis is the underlying or original cause of an Incident or Problem.

is a method of problem solving used for identifying the causes of faults or problems.

RFC: Request for Change it is a call logged or form that is completed which states what

needs to be accomplished but leaves out how the change should be carried out.

SC: Service Components is a means of delivering value to customers by facilitating

outcomes customers want to achieve, but without the ownership of specific costs and

risks.

SOP: Standard Operating Procedure is a set of written instructions that document a

routine activity that is to be followed by members of an organization.

5.1.9 All Requests for Changes should be recorded and managed in an Information

Technology Service Management (ITSM) Tool.

5.1.10 All Change records should be updated with relevant and complete information so

as to record a full history. This should include, but not be limited to:

• Request for Change form.
• Risk Assessment of the change.
• A Test Plan.

supported service or service component that could have an effect on ICT services.

5.2.1 Changes are categorised into three types:

a. Standard Change (Preauthorised):

ls a change that is pre-authorised by CAB, repetitive, low-risk and well

tested. These changes would include operational maintenance type

changes and management should have an accepted and established

procedure for these changes.

b. Normal Change:

timelines of a Normal Change. But does not qualify as an Emergency

approval, but follow a shortened, fast-tracked review and CAB decision

process.

d. Emergency Change:

© Transnet SOC Ltd, February 2026

5.4.2 An Urgent Change must undergo an expedited assessment to ensure that the

risks, impacts, and back-out plans are clearly understood before

implementation.

5.4.3 Urgent Changes must be authorised by the Change Manager and at least two

CAB members, or by the CAB Chairperson (or delegate), using an accelerated

approval process such as email or virtual approval.

5.4.4 Full documentation must be submitted to the CAB at the next scheduled CAB

meeting for review.

5.4.5 An RFC for the Urgent Change must be created within a reasonable timeframe

and no later than 24 hours before implementation, unless circumstances

require immediate action.

5.5 Emergency changes

5.5.1 Each situation is different and as much consideration as possible should be

given to the possible consequences of attempting this type of change.

5.5.2 An emergency change should be designed carefully and tested before use if

possible, or the impact of the emergency change may be greater than that of

the original Incident.

5.5.3 Emergency Changes must be authorised by the Emergency Change Advisory

Board (ECAB). Full documentation must be submitted to the CAB upon

abatement of the crisis.

5.5.4 An RFC for the Emergency Change must be created within a reasonably

timeframe within 24 hours after the change.

5.6 Change advisory board (cab)

5.6.1 The Change Advisory Board (CAB) reviews all RFCs submitted and determine

whether or not they should be implemented. In addition, it may determine that

certain changes are altered before implementing.

5.6.2 The CAB should meet weekly except during change freeze periods. The Change

© Transnet SOC Ltd, February 2026

• To review the status of all open changes and schedule for the current and

upcoming weeks.

• Discuss high impact changes.
• Approve or decline each change.

5.6.3 Attendees of these weekly meetings should include the following representatives,

for both Transnet Group and the various Operating Divisions (ODs):

• Change Manager.
• All Operating Divisions representatives.
• Service provider/vendor representatives.
• IT Security representative.
• Service Desk representative.

5.7 Emergency change advisory board (ecab)

5.7.1 We appreciate that due to the nature of these types of changes that it is not very

practical to either wait for group of advisory board members to gather or to seek

approval for a change to be made. This is made especially difficult for out of

hour’s incidents that require immediate or quick changes to be made to restore a

service. In these circumstances, the Change Manager, GM Enterprise Service

Cell B1: RFP ANNEXURE G -EVALUATION CRITERIA: FIXED TELEPHONY COMMUNICATION REQUIREMENTS

Cell B1: RFP ANNEXURE G -EVALUATION CRITERIA: FIXED TELEPHONY COMMUNICATION REQUIREMENTS

{"name":null,"email":null,"phone":null,"department":null,"address":"SOLUTION ..................................................................................................................... 37"}

that effective monitoring, evaluation and auditing takes place.

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

This Agreement is entered into by and between:

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

............................................................ , 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;

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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.

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;

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

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 ............................................................ , the material / products specified in the

Schedule of Requirements appended as Schedule 1 hereto; [Delete if goods are not being

procured]

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 Imported content means that portion of the bid price represented by the cost of components,

parts or materials which have been or are still to be imported (whether by the supplier or its

subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual

property costs), plus freight and other direct importation costs, such as landing costs, dock duties,

import duty, sales duty or other similar tax or duty at the South African port of entry; [Delete if

local content is not applicable]

2.17 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;

2.18 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;

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

2.19 Local content means that portion of the bid price which is not included in the imported content,

provided that local manufacture does take place; [Delete if local content is not applicable]

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

units, successors-in-title and assigns;

2.21 Party means either one of these Parties;

2.22 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;

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

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

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

such activity or process to be accomplished;

2.24 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;

2.25 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;

2.26 Service(s) means............................................................ , the Service(s) provided to Transnet by the

Service Provider, pursuant to the Work Order(s) in terms of this Agreement; [Delete if services

are not being procured]

2.27 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;

2.28 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; [Delete if services are not being

procured]

2.29 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;

2.30 Schedule of Requirements means Schedule 1 hereto;

2.31 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;

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

Subcontract;

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

from time to time;

2.34 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;

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

from time to time; and

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

2.37 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. [Delete if services are not being procured]

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 422

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

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

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

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

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

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

agreement between the Parties.

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

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

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

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

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

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

that delay.

5 authority of parties

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

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

for any purpose or in any form whatsoever.

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

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

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

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

whatsoever.

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 ............ [............] year period, expiring on ............, unless:

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

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

law or equity; or

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

Parties.

6.2 Notwithstanding clause 299 [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.

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

7 risk management

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

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

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

these risks which both Parties shall jointly determne.

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

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

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

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

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

throughout the contract period

8 transnet’s obligations

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

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

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

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

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

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

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

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

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

this Agreement.

9 general obligations of the supplier/service provider

9.1 The Supplier/Service Provider shall:

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

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

delivery of the Goods;

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;

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

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

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

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

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

Agreement itself;

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

environmental performance and have an environmental management policy which ensures

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

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

is environmentally appropriate; and

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

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

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

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

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

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

Supplier/Service Provider.

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

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

its duties with honesty and integrity;

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

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

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

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

reasonable degree of care and diligence;

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

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

their human rights;

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

discrimination;

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

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

between the Parties;

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

of its other customers] and the interests of Transnet;

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

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

otherwise exert undue influence over the recipient;

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

omission;

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

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

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

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

ancillary Services to Transnet;

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

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

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

Clearance Compliance, for the duration of this Agreement;

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

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

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

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

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

of compensation and selection for training.

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

discrimination legislation and any amendments and re-enactments thereof.

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

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

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

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

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

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

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

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

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

10 service provider’s personnel [delete if services are not being procured]

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

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

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

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

other country in which the Services are to be performed.

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

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

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

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

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

accordance with these requirements.

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

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

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

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

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

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

from the performance of its obligations under this Agreement.

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

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

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

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

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

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

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

11 subcontracting

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

subcontractor with the approval of Transnet.

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

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

value of the contract.

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

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

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

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

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

Provider (main contractor) and the subcontractor.

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

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

terms of its contractual obligations.

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

contract is reduced to below the stipulated minimum threshold.

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

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

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

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

12 payment to sub-contractors

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

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

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

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

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

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

against the required standards.

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

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

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

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

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

including all services rendered by the sub-contractor.

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

of the Supplier/Service Provider, whatsoever.

13 b-bbee and socio-economic obligations

13.1 B-BBEE Scorecard

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

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

equal obligation to redress the imbalances of the past.

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

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

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

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

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

event there is:

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

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

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

(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 299.

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

provisions of clause 299 shall apply.

13.2 Green Economy/Carbon Footprint

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

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

and energy conservation.

13.3 Reporting [Delete if local content is not applicable]

a) The Supplier/Service Provider shall monitor, audit, and record in an auditable manner, its

own implementation and compliance with its Local Content obligations (if applicable) and

provide the Contract Manager with such information as the Contract Manager may

reasonably request concerning its Local Content obligations.

b) The Supplier/Service Provider shall, on a monthly basis from the Commencement Date and

within 7 (seven) calendar days of the end of the previous calendar month, provide Transnet

with a report (for monitoring purposes only) in respect of each of the undertakings stipulated

in this clause.

14 local content obligations

[Delete if local content is not applicable]

14.1 In terms of Annexure A (SBD 6.2) and Annexure C of the RFP, the Supplier has undertaken to

implement the local content and production requirements set by National Treasury for the

............................................................ designated sector (“local content undertaking”). It is recorded

that the local content undertaking was a prequalification criterion of the RFP and it is therefore

mandatory for the Supplier to comply with Annexures A and C in order for it to fulfil its local

content obligations.

14.2 The Supplier is required to note that Transnet, the Department of Trade, Industry and

Competition [DTIC] and/or the body appointed by the DTIC as the verification authority for local

content may conduct compliance audits with regard to the local content requirements as

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

prescribed in Regulation 9 of the Preferential Procurement Regulations, 2011 issued in terms of

the Preferential Procurement Policy Framework Act.

14.3 The Supplier is required to continuously update Declarations C, D and E of the Local Content

Declaration templates with the actual local content values for the duration of the contract.

14.4 Breach of Local Content obligations also provides Transnet cause to terminate the contract in

certain cases where material non compliance with Local Content requirements are not achieved.

15 the national industrial participation programme (nipp)

[Delete if NIPP is not applicable]

15.1 In terms of SBD 5, the Supplier has undertaken to enter into a NIPP obligation agreement with

the DTIC. In consultation with the DTIC, Transnet may monitor compliance to the NIPP

obligation agreement and in the event of non-compliance by the Supplier, penalties will be

applied as per paragraph 8.3 of the NIPP Guidelines as issued by the DTIC.

16 job-creation

[Delete if NIPP is not applicable]

16.1 In terms of Section ................ of the RFP, the Supplier has undertaken to create new jobs

(either by them or their subcontractor).

17 penalties

17.1 Penalties for Non-compliance to Service Level Agreement

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

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

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

Deletethese GuidanceNotes

Notes ➢ The Penalty regime must be determined based on the nature of the

Goods/Services.Thepenaltyshouldbereasonableandnotoutofproportionto

thepotentialprejudicethatmaybesuffered.

17.2 Non-compliance Penalties for Local Content: [Delete if local content is not applicable]

Deletethese GuidanceNotes

Notes ➢ The Local Content Plan referenced below is to be used in sectors where

provisionismadeforarampinguptotheachievementofthesetLocalContent

obligations e.g. the Rail Rolling Stock Sector. If applicable, spell out the

applicablemilestonetargetsinclausea)below.

➢ For other sectors, the Local Content obligations must be met immediately.

DeletereferencetotheLocalContentPlanbelowifyouareNOTdealingwitha

designatedsectorwherelocalcontentobligationsmaybemetovertime.

a) The Parties have agreed on the following milestone targets (“the Local Content Plan”):

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

b) If for any reason the Supplier is unable to achieve any milestone target indicated in the Local

Content Plan OR the local content undertaking [Deletealternativenotapplicable], the

Supplier must approach the Department of Trade and Industry (“DTI”) to obtain exemption

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

in order to supply the goods at a lower local content threshold. The Supplier is obliged to

approach DTI for exemption within 10 (ten) days of determining that it is unable to achieve

any milestone target or local content threshold.

c) Should the DTI provide exemption, the Supplier shall be entitled to provide the goods at the

lower local content threshold set by DTI. In such event, the Parties shall in good faith

renegotiate the milestone targets or local content undertaking to ensure that the lowered

local content thresholds are achieved.

d) Should DTI not provide the necessary exemption, the Supplier shall be obliged to meet each

milestone target as stated in the Local Content Plan or the local content undertaking.

e) Should the Supplier fail to meet any milestone target or the local content undertaking, the

following remedies shall apply without limiting any of Transnet’s other rights in law:

i. Transnet shall afford the Supplier a period of thirty (30) days to remedy its non-

compliance.

ii. Should the Supplier fail to meet its obligations within the further 30 day period, the

Supplier shall pay a Non-Compliance penalty (“Non-compliance Penalty”) to Transnet in

respect of such Non-compliance as set out in clause iv below. The penalties shall be

imposed per milestone measurement for non-delivery of committed values in the case of

a Local Content Plan or shall be imposed against the non-delivery of committed values

where local content undertakings must be met immediately.

iii. To the extent that the Actual Local Content Spend1 is lower than the Required Local

Content Spend2 (or the Adjusted Required Local Content Spend3, as the case may be),

the Supplier shall be liable for Penalties which is the difference in value between the

Actual Local Content Spend and the Required Local Content Spend (or the Adjusted

Required Local Content Spend, as the case may be) plus an additional percentage of

such difference. Such Non-compliance Penalties shall be calculated and levied at the

relevant milestones as stipulated in the Local Content Plan or shall be imposed against

the non-delivery of committed values where local content undertakings must be met

immediately, in accordance with clause iv below.

iv. Non-compliance penalties shall apply at the following rate: the difference in value

between the Required Local Content Spend and the Actual Local Content Spend, plus

5% of such difference.

v. In order to guarantee that the Supplier meets its obligations in terms of the Local

Content Plan or its committed local content undertaking, Transnet shall be entitled to

retain a Non-compliance Penalty at the rate of 2% of every monthly payment due by

1 Actual Local Content Spend means the monetary value of local content initiatives actually delivered by the Supplier

during the period under review.

2 Required Local Content Spend means the monetary value of local content obligations that the Supplier has agreed to

deliver during the period under review.

3 Adjusted Required Local Content Spend means any adjustment to the Required Local Content Spend as prescribed by

DTCI through the process of exemption referred to in clause c) above and as agreed to between the parties, reduced

to writing and signed by the parties.

Transnet Agreement No ............ of 40

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

For the provision of mobile voice and data services nationally for a period of five (5) years

Transnet to the Supplier over the contract period (“the Local Content Retention

Amount”). The Local Content Retention Amount shall be set off against any penalties

payable by the Supplier at any milestone assessment.

f) Should no penalties be imposed during the duration of the contract, Transnet shall refund

the full value of the Local Content Retention Amount to the Supplier at the end of the

contract period.

g) Should any unpaid penalties remain at the end of the contract period, then without limiting

other rights that Transnet may have in law, the Supplier shall forfeit the Local Content

Retention Amount and shall have no further claim against Transnet for the repayment of

such amount.

Non-compliance Penalty Certificate:

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

compliance Penalty Certificate on the last day of each month during such Non-compliance

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

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

relates. If the Supplier disputes any of the amounts set out in a Non-compliance Penalty

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

these risks which both Parties shall jointly determne.

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

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

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

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

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

throughout the contract period

8 transnet’s obligations

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

[Delete if goods are not being procured]

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

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

24.2 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.

Transnet Agreement No ............ of 40

For the provision of mobile voice and data services nationally for a period of five (5) years

24.3 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.

24.4 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.

24.5 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.

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

24.7 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

inspection.

24.8 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 244.

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

determinedbyTransnetatitsdiscretion.

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

clause 26.1 above, shall entitle Transnet to further conditions to which the Supplier/ Service

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

Subject to Clause i) above, the Supplier 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 for the amount set out in that certificate. If Transnet does not issue a valid Tax Invoice to the Supplier for Non-compliance Penalties accrued during any relevant period, those Non-compliance Penalties shall be carried forward to the next period.

The Supplier 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 appropriate.

It is agreed that Transnet, the DTI, the South African Bureau of Standards and/or any of their appointed agents shall be entitled to monitor, evaluate and audit the Contractor’s compliance with its obligations under the Local Content Plan. To this end, the Contractor shall provide its full cooperation to the respective bodies referred to in this clause to ensure that effective monitoring, evaluation and auditing takes place. Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years

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. 17.3 Non-compliance penalties for subcontracting

Breach of subcontracting obligations provides Transnet cause to terminate the contract in certain cases where there is a material Non-compliance.

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.

Such penalty shall be calculated based on the difference in value between the committed and delivered subcontracting value (i.e. 100% of the undelivered subcontracting value) plus an additional 10% (ten per cent) of such difference. Non-compliance Penalty Certificate

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.

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

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

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.

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.

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 Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years amount not paid by the Supplier/Service Provider from the account of the Supplier/Service Provider in the ensuing month.

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. 17.4 Non-compliance penalties for Job Creation

Breach of job creation obligations provides Transnet cause to terminate the contract in certain cases where there is a material Non-compliance.

If the Supplier/Service Provider fails to achieve its job creation 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.

Such penalty shall be calculated based on the difference between the committed and delivered jobs. For every job not created, a penalty of 2% of the contract value will be applied. Non-compliance Penalty Certificate

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. Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years

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. 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. 18 FEES AND EXPENSES RELATING TO SERVICES [Delete if services are not being procured] 18.1 In consideration of the provision of the Services, Transnet will pay to the Service Provider the Fees detailed in the relevant schedule or Work Order. 18.2 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]. 18.3 Unless otherwise agreed in a schedule or Work Order, Transnet will reimburse to the Service Provider all reasonable and proper expenses incurred directly and solely in connection with the provision of the Services, provided that all such expenses

are agreed by Transnet in advance;

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

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

will only be reimbursed if supported by relevant receipts. 18.4 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. 19 INVOICES AND PAYMENT 19.1 Transnet shall pay the Supplier/Service Provider the amounts stipulated in each Purchase Order/Work Order, subject to the terms and conditions of this Agreement. 19.2 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 19.5 below. 19.3 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. 19.4 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. Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years 19.5 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. 19.6 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. 19.7 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. 20 PRICE ADJUSTMENTS 20.1 Prices for Goods/Services supplied in terms of this Agreement shall be subject to review as indicated in the Schedule of Requirements/Works Order annexed hereto. 20.2 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. 20.3 Pursuant to clause 20.2 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. 20.4 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 39 of the Master Agreement [Dispute Resolution]. 20.5 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 Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years 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. 20.6 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. 21 WARRANTIES APPLICABLE TO GOODS [Delete if goods are not being procured] The Supplier warrants that: 21.1 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; 21.2 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 21.3 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. 22 WARRANTIES APPLICABLE TO SERVICES [Delete if services are not being procured] 22.1 The Service Provider warrants to Transnet that

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;

it will discharge its obligations under this Agreement and any annexure, appendix or schedule hereto with all due skill, care and diligence; Transnet Agreement No ............ of 40 Agreement between Transnet and ............ For the provision of mobile voice and data services nationally for a period of five (5) years

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;

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

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. 22.2 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 22.3 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. 22.3 The Service Provider warrants that for a period of 90 [ninety] calendar days from Acceptance of the Deliverables they will, if properly used, conform in all material respects with the requirements set out in the relevant schedule. The Service Provider will at its expense remedy any such non- conformance as soon as possible but in any event within 30 [thirty] calendar days of notification by Transnet. In the event that the Service Provider fails or is unable to remedy such non-conformance within such time-scale, Transnet will be entitled to employ a third party to do so in place of the Service Provider and any excess charges or costs incurred by Transnet as a result shall be paid by the Service Provider. 22.4 The Service Provider will remedy any defect within 30 [thirty] calendar days of being notified of that defect by Transnet in writing. 22.5 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. 22.6 The Service Provider shall advise Transnet of the effects of any steps proposed by Transnet pursuant to clause 22.5 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 422 [AmendmentandChange Control]. 22.7 The Service Provider warrants that

B-BBEE Details: ............................................................................................... 9

9 general obligations of the supplier/service provider ........................................................... 9

10 service provider’s personnel [delete if services are not being procured] ........................ 11

11 subcontracting........................................................................................................................... 12

12 payment to sub-contractors .................................................................................................... 13

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

14 local content obligations ........................................................................................................ 14

15 the national industrial participation programme (nipp)...................................................... 15

16 job-creation ................................................................................................................................ 15

17 penalties ...................................................................................................................................... 15

18 fees and expenses relating to services ................................................................................... 20

19 invoices and payment ................................................................................................................. 20

20 price adjustments ....................................................................................................................... 21

21 warranties applicable to goods .............................................................................

For the provision of mobile voice and data services nationally for a period of five (5) years

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

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 ............................................................ , the material / products specified in the

Schedule of Requirements appended as Schedule 1 hereto; [Delete if goods are not being

procured]

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

Subcontract;

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

from time to time;

2.34 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;

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

from time to time; and

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

2.37 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. [Delete if services are not being procured]

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

and the duration shall be for a ............ [............] year period, expiring on ............, unless:

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

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

law or equity; or

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

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;

Transnet Agreement No ............ of 40

For the provision of mobile voice and data services nationally for a period of five (5) years

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

For the provision of mobile voice and data services nationally for a period of five (5) years

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

[Delete if services are not being procured]

22.1 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;

Transnet Agreement No ............ of 40

in place.

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

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

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

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

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

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

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

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

coordination of such activities across all parts of its organisation.

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

legal opinions/litigation, investigations (if applicable), document storage for the legislatively required

period, destruction, de-identification and publishing of personal information by Transnet and/or its

authorised appointed third parties.

Transnet Agreement No ............ of 40

1 introduction ................................................................................................................................. 3

2 definitions .................................................................................................................................... 3

3 interpretation .............................................................................................................................. 7

4 nature and scope .......................................................................................................................... 7

5 authority of parties .................................................................................................................... 8

6 duration/term and cancellation ................................................................................................ 8

7 risk management ........................................................................................................................... 9

8 transnet’s obligations ................................................................................................................ 9

9 general obligations of the supplier/service provider ........................................................... 9

10 service provider’s personnel [delete if services are not being procured] ........................ 11

11 subcontracting........................................................................................................................... 12

12 payment to sub-contractors .................................................................................................... 13

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

14 local content obligations ........................................................................................................ 14

15 the national industrial participation programme (nipp)...................................................... 15

16 job-creation ................................................................................................................................ 15

17 penalties ...................................................................................................................................... 15

18 fees and expenses relating to services ................................................................................... 20

19 invoices and payment ................................................................................................................. 20

20 price adjustments ....................................................................................................................... 21

21 warranties applicable to goods ............................................................................................... 22

22 warranties applicable to services ........................................................................................... 22

23 third party indemnity ................................................................................................................ 24

24 inspection applicable to goods ................................................................................................ 24

25 defective goods .......................................................................................................................... 25

26 total or partial failure to perform ........................................................................................ 26

27 non conformance of goods/services procured ...................................................................... 27

28 rights on cancellation .............................................................................................................. 27

29 breach and termination ............................................................................................................. 27

30 cessions and assignments as per nt instruction note /2023 ................................ 28

31 force majeure .............................................................................................................................. 29

32 protection of personal information ....................................................................................... 29

33 confidentiality ........................................................................................................................... 31

34 insurances ................................................................................................................................... 33

35 limitation of liability................................................................................................................ 34

36 intellectual property rights ................................................................................................... 34

37 non-waiver .................................................................................................................................. 37

38 partial invalidity ....................................................................................................................... 37

39 dispute resolution ..................................................................................................................... 37

40 addresses for notices ............................................................................................................... 37

41 whole and only agreement ........................................................................................................ 38

42 amendment and change control ............................................................................................... 38

43 general ......................................................................................................................................... 39

44 database of restricted supplier ............................................................................................... 39

Schedule 1 – work order / schedule of requirements

Transnet Agreement No ............ of 40

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;

Transnet Agreement No ............ of 40

For the provision of mobile voice and data services nationally for a period of five (5) years

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.

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;

Transnet Agreement No ............ of 40

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 Imported content means that portion of the bid price represented by the cost of components,

parts or materials which have been or are still to be imported (whether by the supplier or its

subcontractors) and which costs are inclusive of the costs abroad (this includes labour or intellectual

property costs), plus freight and other direct importation costs, such as landing costs, dock duties,

import duty, sales duty or other similar tax or duty at the South African port of entry; [Delete if

local content is not applicable]

2.17 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;

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

For the provision of mobile voice and data services nationally for a period of five (5) years

2.19 Local content means that portion of the bid price which is not included in the imported content,

provided that local manufacture does take place; [Delete if local content is not applicable]

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

units, successors-in-title and assigns;

2.21 Party means either one of these Parties;

2.22 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;

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

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

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

such activity or process to be accomplished;

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

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.

6.2 Notwithstanding clause 299 [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

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

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

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

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

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

this Agreement.

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

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,

Clearance Compliance, for the duration of this Agreement;

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

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

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

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

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

of compensation and selection for training.

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

discrimination legislation and any amendments and re-enactments thereof.

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

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

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

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

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

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

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

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

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.

14.4 Breach of Local Content obligations also provides Transnet cause to terminate the contract in

certain cases where material non compliance with Local Content requirements are not achieved.

15 the national industrial participation programme (nipp)

[Delete if NIPP is not applicable]

15.1 In terms of SBD 5, the Supplier has undertaken to enter into a NIPP obligation agreement with

the DTIC. In consultation with the DTIC, Transnet may monitor compliance to the NIPP

obligation agreement and in the event of non-compliance by the Supplier, penalties will be

applied as per paragraph 8.3 of the NIPP Guidelines as issued by the DTIC.

For the provision of mobile voice and data services nationally for a period of five (5) years

in order to supply the goods at a lower local content threshold. The Supplier is obliged to

approach DTI for exemption within 10 (ten) days of determining that it is unable to achieve

any milestone target or local content threshold.

c) Should the DTI provide exemption, the Supplier shall be entitled to provide the goods at the

lower local content threshold set by DTI. In such event, the Parties shall in good faith

renegotiate the milestone targets or local content undertaking to ensure that the lowered

local content thresholds are achieved.

d) Should DTI not provide the necessary exemption, the Supplier shall be obliged to meet each

milestone target as stated in the Local Content Plan or the local content undertaking.

e) Should the Supplier fail to meet any milestone target or the local content undertaking, the

following remedies shall apply without limiting any of Transnet’s other rights in law:

i. Transnet shall afford the Supplier a period of thirty (30) days to remedy its non-

compliance.

ii. Should the Supplier fail to meet its obligations within the further 30 day period, the

Supplier shall pay a Non-Compliance penalty (“Non-compliance Penalty”) to Transnet in

respect of such Non-compliance as set out in clause iv below. The penalties shall be

imposed per milestone measurement for non-delivery of committed values in the case of

a Local Content Plan or shall be imposed against the non-delivery of committed values

where local content undertakings must be met immediately.

iii. To the extent that the Actual Local Content Spend1 is lower than the Required Local

Content Spend2 (or the Adjusted Required Local Content Spend3, as the case may be),

the Supplier shall be liable for Penalties which is the difference in value between the

Actual Local Content Spend and the Required Local Content Spend (or the Adjusted

Required Local Content Spend, as the case may be) plus an additional percentage of

such difference. Such Non-compliance Penalties shall be calculated and levied at the

relevant milestones as stipulated in the Local Content Plan or shall be imposed against

the non-delivery of committed values where local content undertakings must be met

immediately, in accordance with clause iv below.

iv. Non-compliance penalties shall apply at the following rate: the difference in value

between the Required Local Content Spend and the Actual Local Content Spend, plus

5% of such difference.

v. In order to guarantee that the Supplier meets its obligations in terms of the Local

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

compliance Penalty Certificate on the last day of each month during such Non-compliance

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

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

relates. If the Supplier 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 owes any amount to

such amount to Transnet within 10 (ten) Business Days of the determination made

pursuant to such determination and an accompanying valid Tax Invoice.

For the provision of mobile voice and data services nationally for a period of five (5) years

m) 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.

17.3 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.

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

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.

17.4 Non-compliance penalties for Job Creation

a) Breach of job creation 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 job creation 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 between the committed and

delivered jobs. For every job not created, a penalty of 2% of the contract value will be

applied.

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

19.2 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 19.5 below.

19.3 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.

19.4 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.

Transnet Agreement No ............ of 40

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.

19.6 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.

19.7 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.

option, be audited by Transnet or its designated representatives.

20.4 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 39 of the Master Agreement [Dispute Resolution].

20.5 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

For the provision of mobile voice and data services nationally for a period of five (5) years

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.

20.6 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

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

21.1 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;

21.2 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

21.3 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.

For the provision of mobile voice and data services nationally for a period of five (5) years

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.

22.2 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 22.3 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.

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

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.

25.2 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.

25.3 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

Transnet Agreement No ............ of 40

26.1 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.

26.2 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.

26.3 Whenever, in any case not covered by clause 26.1 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

Transnet Agreement No ............ of 40

29.1 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.

29.2 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.

29.3 To the extent that any of the Deliverables and property referred to in clause 29.2 above are in

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

Transnet Agreement No ............ of 40

delete copies so held.

29.4 In the event that this Agreement is terminated by the Service Provider under clause Error!

Reference source not found. [Term and Cancellation], or in the event that a Work Order is

terminated by Transnet under clause Error! Reference source not found.9 [Breach and

Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees

[apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until

the date of such termination. Transnet will also pay the costs of any goods and materials ordered by

the Service Provider in relation to the such work for which the Service Provider has paid or is legally

obliged to pay, in which case, on delivery of such goods or materials, the Service Provider will

promptly deliver such goods and materials to Transnet or as it may direct.

29.5 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.

29.6 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.

29.7 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

whether by ownership of shares, membership of the board of directors, agreement or otherwise.

29.8 Notwithstanding this clause 299, Transnet may cancel this Agreementwithout cause by giving 30

[thirty] calendar days prior written notice thereof to the Supplier/Service Provider, or

29.9 The provisions of clauses 2 [Definitions], 212 [Warranties], 288 [Rights on Cancellation], 323

[Confidentiality], 355 [Limitation of Liability], 36 [Intellectual Property Rights], 399 [Dispute

Resolution]and 43.1 [GoverningLaw]shall survive termination or expiry of this Agreement.

30 cessions and assignments as per nt instruction note /2023

30.1 The Supplier/Service Provider is not allowed to cede its rights for payment in terms of this

31.1 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.

31.2 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.

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

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

Returnable Documents: All returnable documents listed in the RFX Documents must be submitted with Respondent’s Bid. Failure to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other schedules / documents may result in disqualification. 12 DEFAULTS BY RESPONDENTS If the Respondent, after it has been notified of the acceptance of its Bid fails to: of 11 Transnet General Bid Conditions 12.1 enter into a formal contract when called upon to do so within such period as Transnet may specify; or 12.2 accept an order in terms of the Bid; 12.3 furnish satisfactory security when called upon to do so for the fulfilment of the contract; or 12.4 comply with any condition imposed by Transnet, Transnet may, in any such case, without prejudice to any other legal remedy which it may have, proceed to accept any other Bid or, if it is necessary to do so, call for Bids afresh, and may recover from the defaulting Respondent any additional expense incurred by Transnet in calling for new offers or in accepting a less favourable offer. 13 CURRENCY All monetary amounts referred to in a Bid response must be in Rand, the currency of the Republic of South Africa [ZAR], save to the extent specifically permitted in the RFP. 14 PRICES SUBJECT TO CONFIRMATION Prices which are quoted subject to confirmation will not be considered. 15 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES All alterations made by the Respondent to its Bid price(s) prior to the submission of its Bid Documents must be done by deleting the incorrect figures and words where required and by inserting the correct figures and words against the items concerned. All such alterations must be initialled by the person who signs the Bid Documents. Failure to observe this requirement may result in the particular item(s) concerned being excluded in the matter of the award of the business. 16 EXCHANGE AND REMITTANCE 16.1 The Respondent should note that where the whole or a portion of the contract or order value is to be remitted overseas, Transnet shall, if requested to do so by the Supplier/Service Provider, effect payment overseas directly to the foreign principal or manufacturer of such percentage of the contract or order value as may be stipulated by the Respondent in its Bid Documents. 16.2 It is Transnet’s preference to enter into Rand-based agreements. Transnet would request, therefore, that the Respondent give favourable consideration to obtaining forward exchange cover on the foreign currency portion of the Agreement at a cost that is acceptable to Transnet to protect itself against any currency rate fluctuation risks for the duration of any resulting contract or order. 16.3 The Respondent who desires to avail itself of the aforementioned facility must at the time of bidding furnish the information called for in the Exchange and Remittance section of the Bid Documents and also furnish full details of the principals or manufacturer to whom payment is to be made. 16.4 The South African Reserve Bank’s approval is required before any foreign currency payments can be made to or on behalf of Respondents. 16.5 Transnet will not recognise any claim for adjustment of the order and/or contract price if the increase in price arises after the date on which the Goods/Services were to be delivered, as set out in the order and/or contract, or any subsequent agreement between the parties. 16.6 Transnet reserves the right to request a pro-forma invoice/tax invoice in order to ensure compliance with the contract and Value-Added Tax Act no. [VAT Act]. of 11 Transnet General Bid Conditions 17 ACCEPTANCE OF BID 17.1 Upon the acceptance of a Bid by Transnet, the parties shall be bound by these General Bid Conditions and any contractual terms and/or any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 17.2 Where the Respondent has been informed by Transnet of the acceptance of its Bid, an email communication that has been successfully sent to the Respondent shall be regarded as proof of delivery to the Respondent 1 day after the date of submission. 18 NOTICE TO UNSUCCESSFUL RESPONDENTS 18.1 Unsuccessful Respondents shall be advised in writing that their Bids have not been accepted as soon as possible after the closing date of the Bid. On award of business to the successful Respondent all unsuccessful Respondents must be informed of the name of the successful Respondent and of the reason as to why their Bids had been unsuccessful. 19 TERMS AND CONDITIONS OF CONTRACT 19.1 The Supplier/Service Provider shall adhere to the Terms and Conditions of Contract issued with the Bid Documents, together with any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 19.2 Should the Respondent find any conditions unacceptable, it should indicate which conditions are unacceptable and offer amendments/ alternatives by written submission on a company letterhead. Any such submission shall be subject to review by Transnet’s Legal Counsel who shall determine whether the proposed amendments /alternative(s) are acceptable or otherwise, as the case may be. Respondents will be afforded an opportunity to withdraw an unacceptable deviation, failing which the respondent will be disqualified. 20 CONTRACT DOCUMENTS 20.1 The contract documents will comprise these General Bid Conditions, the Terms and Conditions of Contract and any schedule of “Special Conditions” which form part of the Bid Documents. 20.2 The abovementioned documents together with the Respondent’s Bid response will constitute the contract between the parties upon receipt by the Respondent of Transnet’s letter of acceptance, subject to all additional amendments and/or special conditions thereto as agreed to by the parties. 20.3 Should Transnet inform the Respondent that a formal contract will be signed, the abovementioned documents together with the Respondent’s Bid response [and, if any, its covering letter and any subsequent exchange of correspondence] as well as Transnet’s Letter of Acceptance, shall constitute a binding contract until the final contract is signed. 21 LAW GOVERNING CONTRACT The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. A foreign Respondent shall, therefore, state in its Bid the name of its authorised representative in the Republic of South Africa who is empowered to sign any contract which may be entered into in the event of its Bid being accepted and to act on its behalf in all matters relating to the contract. of 11 Transnet General Bid Conditions 22 IDENTIFICATION If the Respondent is a company, the full names of the directors shall be stated in the Bid. If the Respondent is a close corporation, the full names of the members shall be stated in the Bid. If the Respondent is a partnership or an individual trading under a trade name, the full names of the partners or of such individual, as the case may be, shall be furnished. 23 RESPONDENT'S SAMPLES 23.1 If samples are required from Respondents, such samples shall be suitably marked with the Respondent's name and address, the Bid number and the Bid item number and must be despatched in time to reach the addressee as stipulated in the Bid Documents on or before the closing date of the Bid. Failure to submit samples by the due date may result in the rejection of a Bid. 23.2 Transnet reserves the right to retain samples furnished by Respondents in compliance with Bid conditions. 23.3 Payment will not be made for a successful Respondent’s samples that may be retained by Transnet for the purpose of checking the quality and workmanship of Goods/Services delivered in execution of a contract. 23.4 If Transnet does not wish to retain unsuccessful Respondents’ samples and the Respondents require their return, such samples may be collected by the Respondents at their own risk and cost. 24 SECURITIES 24.1 The successful Respondent, when called upon to do so, shall provide security to the satisfaction of Transnet for the due fulfilment of a contract or order. Such security shall be in the form of a Deed of Suretyship [Deed of Suretyship] furnished by an approved bank, building society, insurance or guarantee corporation carrying on business in South Africa. 24.2 The security may be applied in whole or part at the discretion of Transnet to make good any loss or damage which Transnet may incur in consequence of a breach of the contract or any part thereof. 24.3 Such security, if required, shall be an amount which will be stipulated in the Bid Documents. 24.4 For the purpose of clause 24.124.1 above, Transnet will supply a Deed of Suretyship form to the successful Respondent for completion and no guarantee in any other form will be accepted. A copy of such form will be supplied to Respondents on request. For this purpose a Deed of Suretyship form will be provided which shall be completed and returned to Transnet or a designated official by the successful Respondent within 30 [thirty] calendar days from the date of the letter of acceptance. No payment will be made until the form, duly completed, is delivered to Transnet. Failure to return the Deed of Suretyship within the prescribed time shall, save where prior extension has been granted, entitle Transnet without notice to the Supplier/Service Provider to cancel the contract with immediate effect. 24.5 Additional costs incurred by Transnet necessitated by reason of default on the part of the Supplier/Service Provider in relation to the conditions of this clause 244 will be for the account of the Supplier/Service Provider. 25 PRICE AND DELIVERY BASIS FOR GOODS 25.1 Unless otherwise specified in the Bid Documents, the prices quoted for Goods must be on a Delivered Duty Paid [latest ICC Incoterms] price basis in accordance with the terms and at the delivery point or of 11 Transnet General Bid Conditions points specified in Transnet's Bid Documents. Bids for supply on any other basis of delivery are liable to disqualification. The lead time for delivery stated by the Respondent must be inclusive of all non- working days or holidays, and of periods occupied in stocktaking or in effecting repairs to or overhauling plant, which would ordinarily occur within the delivery period given by the Respondent. 25.2 Respondents must furnish their Bid prices in the Price Schedule of the Bid Documents on the following basis, Local Supplies - Prices for Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held in South Africa, to be quoted on a Delivered RSA named destination basis., Imported Supplies - Prices for Goods to be imported from all sources to be quoted on a Delivered Duty Paid [latest ICC Incoterms] basis, to end destination in South Africa, unless otherwise specified in the Bid Price Schedule. 26 EXPORT LICENCE The award of a Bid for Goods to be imported may be subject to the issue of an export licence in the country of origin or supply. If required, the Supplier/Service Provider’s manufacturer or forwarding agent shall be required to apply for such licence. 27 QUALITY OF MATERIAL Unless otherwise stipulated, the Goods offered shall be NEW i.e. in unused condition, neither second-hand nor reconditioned. 28 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 TotalorPartialFailuretoPerformtheScopeofSupplysection 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

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

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

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

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:

a) 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.

b) 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.

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.

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.

23.2 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.

regard to the delivery of the Goods/Services.

c) Emergency Demands as and when required

emergency outside the contract if immediate delivery can be offered from any other source.

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

c) 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.

d) 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]:

a) 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

b) 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.

(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.

be established, at any time, that a bidder has been restricted with National Treasury by another

government institution.

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

c) 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.

d) 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

31.1 Contract Quantities

a) 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.

b) 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.

c) 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

a) Period Contracts and Fixed Quantity Requirements

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

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

upgrades

Rooftop Floor Space Rental Rate

Rooftop (single equipment) R 400.00 - R 650.00 p/sqm

Macro Site (full site) R 9 500.00 - R12 500.00

Micro Site (full site) R5 500.00 - R 8 500.00

Rental calculated based on amount of equipment installed and floor/wall space occupied

Floor Space Rental per sqm2 Rate p/sqm

Floor (Indoor or Office) R350.00 - R650.

Fixed rate Macro Site From 1 July yearly R9 483.60 p/m

Fixed rate Micro Site From 1 July yearly R3 487.50 p/m

Standby Power Macro Site R3 750.00 p/m

Standby Power Micro Site R2 550.00 p/m

Escalation 1 July, as per NERSA rates TBC

Cell A1: Annexure B2: Schedule of Services Rendered: Geography

Cell A1: Annexure B2: Schedule of Services Rendered: Geography

Change Management’s (CM) function is to ensure that modifications to the Transnet ICT

environment are recorded, evaluated, authorised, prioritised, planned, tested,

implemented, documented and reviewed in a controlled manner to minimise the risk of

negative impact of changes to Transnet.

This standard governs changes made to all Transnet ICT Services, Service Components

(SC) and Configuration Items (CIs). This includes but is not limited to:

• Host systems, including rebooting of servers.
• Environmental components, power systems, fire suppression systems within

Data centres.

• All hardware components.
• Software elements including application and databases systems.
• Network components including physical cabling.
• Security devices.
• Documentation including policies, procedures, service catalogues, and system

documentation.

This Standard establishes the principles and practices for ICT Change Management within

Transnet. How these principles and practices are implemented is set out within a

separate, but supporting, Standard Operating Procedures (SOP) document.

3. Definitions

For ease of reference words, expressions and abbreviations used in the standard are

defined below:

CAB: The Change Advisory Board delivers support to a change management team by

approving requested changes and assisting in the assessment and prioritization of

changes. This body is generally made up of IT and Business representatives that

include: a change manager, user managers and groups, and technical experts.

CI: Configurations Items is a component that needs to be managed to deliver an IT

Service.

CM: Change Management is a process that ensures standardized methods and

procedures are used for efficient and prompt handling of all changes, to minimize the

impact of change-related incidents upon service quality and consequently improve the

day-to-day operations of the organization.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

Bulk/Large scale Implementation: A roll out of a pre‐authorised change that affects

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

in a single execution window.

CMDB: Configuration Management Database is a data repository that acts as a data

warehouse or inventory for information technology (IT) installations. It holds data

relating to a collection of IT assets (commonly referred to as configuration items

(CI)), as well as to descriptive relationships between such assets.

ECAB: Emergency Change Advisory Board is sub-set of the Change Advisory Board

who makes decisions about high impact Emergency Changes. Membership of the ECAB

may be decided at the time a meeting is called and depends on the nature of the

Emergency Change.

ICT: Information and Communications Technology is another/extensional term for

information technology (IT) which stresses the role of unified communications and

the integration of telecommunications (telephone lines and wireless signals),

computers as well as necessary enterprise software, middleware and storage.

KPI: Key Performance Indicators is a measurable value that demonstrates how

effectively a company is achieving key business objectives. Organizations use KPIs to

evaluate their success at reaching targets.

OD (Operating Division): Transnet has the following: Operating Divisions namely

TFR, TRIM, TPL, TPT, TNPA, TE, TP and TCC.

PIR: Post Implementation Review takes place after a Change has been

implemented. It determines if the Change and its implementation Project were

successful and identifies opportunities for improvement.

RCA: Root Cause Analysis is the underlying or original cause of an Incident or Problem.

is a method of problem solving used for identifying the causes of faults or problems.

RFC: Request for Change it is a call logged or form that is completed which states what

needs to be accomplished but leaves out how the change should be carried out.

SC: Service Components is a means of delivering value to customers by facilitating

outcomes customers want to achieve, but without the ownership of specific costs and

risks.

SOP: Standard Operating Procedure is a set of written instructions that document a

routine activity that is to be followed by members of an organization.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

4. Scope

4.1 Activities

4.1.1 Change Management's key activities include ensuring that all changes to all

environments are recorded, evaluated, authorised, prioritised, planned, tested,

implemented, documented and reviewed. Change Management is also responsible

for reporting on the effectiveness of the process to senior management and

identifying improvements that can be made and ensuring that the Change

Management process is auditable and key risks have been identified and mitigated

against.

4.2 Audience

4.2.1 ICT staff whose role(s) includes:

• Making changes to existing ICT Services, Service Components (SC) and

Configuration Items (CIs).

• Delivering and supporting Services.
• Supporting deployed Services.
• Representing ICT to the Business.
• Any other responsibilities where awareness of the Standard is necessary.

4.2.2 Business personnel:

• Represent Business’s interests as the recipient of deployed Services.

4.3 IT services

4.3.1 This Standard applies companywide to IT Services, including, but not limited to

Transversal Services and Services delivered by an Operating Division (OD) to

itself or other ODs.

4.4 Activities out of scope

4.4.1 The scope of Change Management covers changes to Services and Configuration

Items across the entire Service Life Cycle as dictated by Configuration

Management

4.4.2 Changes outside the scope of the ICT Change Management process include:

• Organisational changes.
• Changes to business operations.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

• Changes at an operational level such as repair to printers or other routine

service components.

5. Standard statements

5.1 General

5.1.1 Transnet adopted a common Change Management Process for handling and

controlling changes across all Operating Divisions.

5.1.2 Change Management Process activities should be documented in a Procedures

document.

• The Process and their activities should conform to ITIL and COBIT best

practice, allowing for differences to enable customisation to Transnet’s

environment.

• Appropriate customisation to the common Change Management Process

activities is permitted.

5.1.3 All Changes should follow the Change Management Process. This includes those

for key Service Providers of IT Services.

5.1.4 Change Management should manage all Changes in such a way to minimise

Business impact.

5.1.5 Change Management records should be audited to ensure that the information in

them is accurate and complete.

5.1.6 Change Management should identify improvement opportunities and include them

in the Continual Service Improvement (CSI) register.

5.1.7 Change Management should define relevant process Key Performance Indicators

(KPIs), and track and report on them to ICT Management.

5.1.8 Management should ensure that sufficient resources are allocated to execute

Change Management effectively and efficiently.

5.1.9 All Requests for Changes should be recorded and managed in an Information

Technology Service Management (ITSM) Tool.

5.1.10 All Change records should be updated with relevant and complete information so

as to record a full history. This should include, but not be limited to:

• Request for Change form.
• Risk Assessment of the change.
• A Test Plan.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

• Implementation Plan.
• A Back-out Plan.
• Communication Plan.
• Report from Incident Management.
• Report from Problem Management.
• Post Implementation review report.

5.1.11 All submitted Requests for Change should be evaluated for completeness by the

Change Manager.

5.1.12 Incomplete forms must not be submitted to the Change Advisory Board (CAB)

for approval.

5.1.13 The Change Advisory Board (CAB) will authorise a Request for Change (RFC)

based upon the risk assessment, service levels and provided there is a business

justification for the change.

5.1.14 Where feasible, testing should be done in a QA environment and documented in

relevant application standard operating procedure (SOP).

5.1.15 All Changes to existing Configuration Items (CIs) that are not yet in the

Configuration Management Database (CMDB), should be added/updated to the

Cmdb.

5.1.16 Some incidents may or not may not be related to a Change, but where a Change

has caused an incident then the Change Manager should facilitate a review

meeting and a report should be generated and fed back to the Change Advisory

Board. (Also refer to section 5.8 Root Cause Analysis)

Transnet ICT Change Management Standard

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5.2 Change types:

A change is the addition, modification or removal of any authorized, planned, or

supported service or service component that could have an effect on ICT services.

5.2.1 Changes are categorised into three types:

a. Standard Change (Preauthorised):

ls a change that is pre-authorised by CAB, repetitive, low-risk and well

tested. These changes would include operational maintenance type

changes and management should have an accepted and established

procedure for these changes.

b. Normal Change:

Is a change raised by a request from the initiator or the individual or

organisational group that should go through assessment, authorisation

and CAB approval before it can be implemented.

c. Urgent Change:

An Urgent Change is a change that must be implemented faster than the

timelines of a Normal Change. But does not qualify as an Emergency

Change. These changes address situations where delay would cause

service degradation, regulatory non-compliance, operational disruption, or

increased business risk, but where the impact is not immediately critical.

Urgent Changes still require assessment, authorisation, and documented

approval, but follow a shortened, fast-tracked review and CAB decision

process.

d. Emergency Change:

Is a Change that must be introduced as soon as possible as the result of

a critical event. This event must have a significant impact on ICT

services. Details are often captured at a later date.

5.3 Pre-authorised changes

Pre-authorised changes are low-risk and repeatable activities approved in advance by the

CAB. While these changes do not require individual CAB approval for each execution, any

large-scale, bulk, or infrastructure-wide implementation of pre-authorised changes must

be reported to the CAB for noting prior to execution. This ensures visibility, coordinated

scheduling, and proactive management of aggregated risk.

The following is a list of CAB-approved pre-authorised (standard) changes:

5.3.1 Identity and Access Management:

• Monthly or regular user account terminations (e.g., leavers).

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• Disabling of dormant or inactive user accounts.
• User account unlocking following lockouts.
• Password resets executed through approved processes.
• Group membership amendments aligned to approved role-based access

requests.

5.3.2 Active Directory and Directory Services

• Creation of standard user and service accounts.
• Routine Organisational Unit (OU) management activities.
• Enforcement of existing password and directory security policies.

5.3.3 Endpoint and User Device Management

• Standard device join and removal from domain or MDM platforms.
• Routine endpoint security agent installations or updates.
• Endpoint quarantine or isolation for security remediation purposes.

5.3.4 Security Operations

• Blocking malicious domains, IP addresses, or URLs based on threat

intelligence.

• Routine email and firewall rule clean-up (disable or remove unused rules).
• Enforcement of existing security baselines without architectural changes.
• Regular vulnerability remediation aligned to approved patch cycles.

5.3.5 Network and Infrastructure Operations

• Routine DNS record updates with no production impact.
• Standard VLAN or port configuration changes for end-user connectivity.
• Network access revocation for decommissioned devices.
• Log retention and archive management activities.

5.3.6 Patch and Maintenance Activities

• Monthly/daily operating system patching: Routine application of security

patches, software updates, or antivirus signature updates.

• Standard application patching aligned to vendor recommendations.
• Firmware upgrades conducted within approved maintenance windows.

5.4 Urgent changes

5.4.1 An Urgent Change is a time-sensitive change that cannot wait for the normal

CAB cycle but does not meet the critical severity required for an Emergency

Change. These changes address situations where delays may cause service

degradation, operational disruption, or compliance risks.

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5.4.2 An Urgent Change must undergo an expedited assessment to ensure that the

risks, impacts, and back-out plans are clearly understood before

implementation.

5.4.3 Urgent Changes must be authorised by the Change Manager and at least two

CAB members, or by the CAB Chairperson (or delegate), using an accelerated

approval process such as email or virtual approval.

5.4.4 Full documentation must be submitted to the CAB at the next scheduled CAB

meeting for review.

5.4.5 An RFC for the Urgent Change must be created within a reasonable timeframe

and no later than 24 hours before implementation, unless circumstances

require immediate action.

5.5 Emergency changes

5.5.1 Each situation is different and as much consideration as possible should be

given to the possible consequences of attempting this type of change.

5.5.2 An emergency change should be designed carefully and tested before use if

possible, or the impact of the emergency change may be greater than that of

the original Incident.

5.5.3 Emergency Changes must be authorised by the Emergency Change Advisory

Board (ECAB). Full documentation must be submitted to the CAB upon

abatement of the crisis.

5.5.4 An RFC for the Emergency Change must be created within a reasonably

timeframe within 24 hours after the change.

5.6 Change advisory board (cab)

5.6.1 The Change Advisory Board (CAB) reviews all RFCs submitted and determine

whether or not they should be implemented. In addition, it may determine that

certain changes are altered before implementing.

5.6.2 The CAB should meet weekly except during change freeze periods. The Change

Manager should provide an agenda of newly submitted items and a change

status schedule. The purpose of this meeting is to:

• Bring all required parties together to assess the feasibility of implementing

the change and provide status.

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• To review the status of all open changes and schedule for the current and

upcoming weeks.

• Discuss high impact changes.
• Approve or decline each change.

5.6.3 Attendees of these weekly meetings should include the following representatives,

for both Transnet Group and the various Operating Divisions (ODs):

• Change Manager.
• All Operating Divisions representatives.
• Service provider/vendor representatives.
• IT Security representative.
• Service Desk representative.

5.7 Emergency change advisory board (ecab)

5.7.1 We appreciate that due to the nature of these types of changes that it is not very

practical to either wait for group of advisory board members to gather or to seek

approval for a change to be made. This is made especially difficult for out of

hour’s incidents that require immediate or quick changes to be made to restore a

service. In these circumstances, the Change Manager, GM Enterprise Service

Delivery and representatives from the ODs affected by the Change, have the

authority to approve a change.

5.7.2 The change request form should still be filled in, even if it is retrospectively.

5.8 Change freeze periods

5.8.1 At certain critical times of the year, it may be necessary to impose a non-essential

change freeze period. This can be partial or full, meaning that it applies to all

services or only some.

5.8.2 During this time only changes deemed essential to either the running of or fixing

of a problem with a particular service should be considered for approval and

implementation.

5.8.3 Approvals need to be obtained from the assigned role/roles as per the

requirements of section 5.4.

5.8.4 The dates of any change freeze should be communicated well in advance to

enabled teams to plan and work around them. The communication will also

advise on how to obtain approval for essential changes during this time.

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5.9 Rescheduling or cancellation of a change

5.9.1 If for any reason a CAB-approved change has to cancelled or postpone, then the

Change Manager has to be informed.

5.9.2 If the Change need to be performed at a later date, then a new RFC should be

submitted.

5.10 Root cause analysis

5.10.1 A root cause analysis for a failed change should include:

• Basic information about the change e.g., Change reference number,

implementation date and change description.

• Business impact as a result of the failed change.
• Root cause of the failed change.
• Preventative measures.

5.11 Post implementation review of changes

5.11.1 After any change has been implemented, the person who is responsible for

implementing the Change should perform a Post Implementation review of the

Change.

5.11.2 Post Implementation Review feedback should be provided to CAB and included in

the CAB meeting minutes.

5.12 Change record closure

5.12.1 Before a Change record is Closed, the following quality assurance should be

done:

• Verification that the Change was implemented as planned.
• The change should be closed with appropriate closure category.
• Failed changes should be closed and resubmitted as a new change.

Transnet ICT Change Management Standard

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5.13 Unauthorised changes

5.13.1 Unauthorised Changes are a serious breach of this standard and an unacceptable

risk to Transnet. If unauthorised changes are detected, the CAB should sanction

an investigation to determine the impact of the unauthorised Changes and what

actions need to be taken.

6. Roles and responsibilities

Responsible: Service Delivery Manager

Accountable: GM: Enterprise Technology & PMO Services

Monitoring: ICT Operations Council

Standard Owner: GM: GICT Governance, Risk & Security

Standard Sponsor: Chief Information Officer

7. Related information and reference

This Standard should be read in conjunction with the following supporting guidelines:

7.1 Internal documents

• ICT Governance Policy
• Transnet Information Security Policy
• ICT Vendor Management Standard
• ICT Cloud Standard

7.2 External documents

• ISO/IEC 27001 – Information Security Management
• ISO/IEC 27002 – Information Security Controls
• ISO/IEC 27005 – Information Security Risk Management
• ITIL (Information Technology Infrastructure Library)
• Cobit 5

Transnet ICT Change Management Standard

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8. Exclusions

The following environments do not have a Quality and Assurance (QA) or test

environment. Changes to these environments will be implemented directly in the

Production Environment for testing in a controlled manner with a rollback plan:

Example:

• Cloud Security Services (e.g., AAD, MDE, Mimecast, Cloudflare)
• Active Directory
• Firewall
• VMWare
• Network Devices
• Printers

A full list of Cloud Security Services can be found on the Transnet Intranet. Waivers - All

Documents (path: SharePoint>Policies & Procedures>ICT Standards>2.Waivers)

9. Request to deviate from standard

In cases where material and compelling circumstances merit deviation(s) from

particular provision(s) of this Standard, written submissions shall be sent to the GICT

GM Governance, Risk and Security, who shall have full authority to grant such

request, in whole or in part, or to refuse same.

10. Compliance monitoring

Compliance monitoring should be performed by the Operating Division Information

Security Officer (OD ISO). Any non-compliance with this Standard that requires further

action should be reported to the ISGRC Committee for escalation, oversight, and

remediation.

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11. Non-compliance

Each employee is responsible for complying with the requirements of this standard. Any

violation may result in one or more of the following actions:

• Restriction or removal of access to some or all Transnet systems for employees

or third parties.

• Corrective or disciplinary action in accordance with the Transnet Disciplinary

Code and Procedures and any other applicable policies.

• Legal action, including civil or criminal proceedings, where permitted under

applicable law.

• Restitution, where the violator may be required to compensate Transnet for any

loss or misuse of services.

• Termination or cancellation of contracts with third-party service providers.

Transnet ICT Change Management Standard

© Transnet SOC Ltd, February 2026

© Transnet SOC Ltd, February 2026

• Implementation Plan.
• A Back-out Plan.
• Communication Plan.
• Report from Incident Management.
• Report from Problem Management.
• Post Implementation review report.

5.1.11 All submitted Requests for Change should be evaluated for completeness by the

1.0 April 2014 Approvedversion

1.1 April 2019 Updatedownerandsponsorwithnochangestothecontents

oftheChangeManagementStandard.

2.0 February 2023

• UpdatedtheStandardreviewdate,ownerandsponsor

information.

• Updatedthenumberingforeachparagraphpersectionfor

easeofreference.

• Nomaterialchangestothecontentwererequiredduring

thereviewprocessfromanyoftheoperatingdivisions.

• Section5.1.14Updated“Wherefeasible,testingshouldbe

doneinaQAenvironmentanddocumentedinrelevant

applicationstandardoperatingprocedure(SOP).”

• Section5.2.1AlignedtoITILdefinitionsforStandard,

• Section5.3Updatedemergencychangesstatement.

• Addedsection5.9PostImplementationReviewofChanges.

• Section6UpdatedRoles&Responsibilities.

• Section8Addedexclusionsforenvironmentsthatdonot

haveaQAenvironmentfortesting.

• Nomaterialchangestothecontentsofthestandard. 3.0 February 2026
• ChangedStandardownertoGM:Governance,Risk&

5.1.12 Incomplete forms must not be submitted to the Change Advisory Board (CAB)

for approval.

5.1.13 The Change Advisory Board (CAB) will authorise a Request for Change (RFC)

based upon the risk assessment, service levels and provided there is a business

justification for the change.

5.1.14 Where feasible, testing should be done in a QA environment and documented in

relevant application standard operating procedure (SOP).

5.1.15 All Changes to existing Configuration Items (CIs) that are not yet in the

Configuration Management Database (CMDB), should be added/updated to the

5.11.2 Post Implementation Review feedback should be provided to CAB and included in

the CAB meeting minutes.

5.12 Change record closure

5.12.1 Before a Change record is Closed, the following quality assurance should be

done:

• Verification that the Change was implemented as planned.
• The change should be closed with appropriate closure category.
• Failed changes should be closed and resubmitted as a new change.

The following environments do not have a Quality and Assurance (QA) or test

environment. Changes to these environments will be implemented directly in the

ICT: Information and Communications Technology is another/extensional term for

information technology (IT) which stresses the role of unified communications and

the integration of telecommunications (telephone lines and wireless signals),

computers as well as necessary enterprise software, middleware and storage.

KPI: Key Performance Indicators is a measurable value that demonstrates how

effectively a company is achieving key business objectives. Organizations use KPIs to

evaluate their success at reaching targets.

OD (Operating Division): Transnet has the following: Operating Divisions namely

• Theword“will”wasidentifiedinsomestatementsastoo

softandambiguousandthenreplacedwith“should”or

“must”.

• DefinitionshavebeenmovedfromAppendix AintoSection 3

toalignwiththesamestructureusedinotherStandards.

• Addednewsection5.3includingthelistofCABapproved

1. Background ....................................................................................... 5
2. Purpose .............................................................................................. 5
3. Definitions ........................................................................................ 5
4. Scope .................................................................................................. 7
5. Standard statements ...................................................................... 8

5.2 Change Types: ............................................................................. 10

5.3 Pre-authorised changes ........................................................ 10

5.4 URGENT Changes ........................................................................ 11

5.5 Emergency changes ................................................................. 12

5.6 Change advisory board (cab) ................................................ 12

5.7 Emergency change advisory board (ecab) ........................... 13

5.8 Change freeze periods ........................................................... 13

5.9 Rescheduling or cancellation of a change ........................ 14

6. Roles and responsibilities ............................................................ 15
7. Related information and reference ............................................ 15
8. Exclusions ....................................................................................... 16
9. Request to deviate from standard ............................................. 16
10. Compliance monitoring ................................................................. 16
11. Non-compliance .............................................................................. 17

© Transnet SOC Ltd, February 2026

Bulk/Large scale Implementation: A roll out of a pre‐authorised change that affects

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

in a single execution window.

CMDB: Configuration Management Database is a data repository that acts as a data

warehouse or inventory for information technology (IT) installations. It holds data

relating to a collection of IT assets (commonly referred to as configuration items

(CI)), as well as to descriptive relationships between such assets.

ECAB: Emergency Change Advisory Board is sub-set of the Change Advisory Board

who makes decisions about high impact Emergency Changes. Membership of the ECAB

may be decided at the time a meeting is called and depends on the nature of the

PIR: Post Implementation Review takes place after a Change has been

implemented. It determines if the Change and its implementation Project were

successful and identifies opportunities for improvement.

RCA: Root Cause Analysis is the underlying or original cause of an Incident or Problem.

is a method of problem solving used for identifying the causes of faults or problems.

RFC: Request for Change it is a call logged or form that is completed which states what

needs to be accomplished but leaves out how the change should be carried out.

SC: Service Components is a means of delivering value to customers by facilitating

outcomes customers want to achieve, but without the ownership of specific costs and

risks.

SOP: Standard Operating Procedure is a set of written instructions that document a

routine activity that is to be followed by members of an organization.

5.1.9 All Requests for Changes should be recorded and managed in an Information

Technology Service Management (ITSM) Tool.

5.1.10 All Change records should be updated with relevant and complete information so

as to record a full history. This should include, but not be limited to:

• Request for Change form.
• Risk Assessment of the change.
• A Test Plan.

supported service or service component that could have an effect on ICT services.

5.2.1 Changes are categorised into three types:

a. Standard Change (Preauthorised):

ls a change that is pre-authorised by CAB, repetitive, low-risk and well

tested. These changes would include operational maintenance type

changes and management should have an accepted and established

procedure for these changes.

b. Normal Change:

timelines of a Normal Change. But does not qualify as an Emergency

approval, but follow a shortened, fast-tracked review and CAB decision

process.

d. Emergency Change:

© Transnet SOC Ltd, February 2026

5.4.2 An Urgent Change must undergo an expedited assessment to ensure that the

risks, impacts, and back-out plans are clearly understood before

implementation.

5.4.3 Urgent Changes must be authorised by the Change Manager and at least two

CAB members, or by the CAB Chairperson (or delegate), using an accelerated

approval process such as email or virtual approval.

5.4.4 Full documentation must be submitted to the CAB at the next scheduled CAB

meeting for review.

5.4.5 An RFC for the Urgent Change must be created within a reasonable timeframe

and no later than 24 hours before implementation, unless circumstances

require immediate action.

5.5 Emergency changes

5.5.1 Each situation is different and as much consideration as possible should be

given to the possible consequences of attempting this type of change.

5.5.2 An emergency change should be designed carefully and tested before use if

possible, or the impact of the emergency change may be greater than that of

the original Incident.

5.5.3 Emergency Changes must be authorised by the Emergency Change Advisory

Board (ECAB). Full documentation must be submitted to the CAB upon

abatement of the crisis.

5.5.4 An RFC for the Emergency Change must be created within a reasonably

timeframe within 24 hours after the change.

5.6 Change advisory board (cab)

5.6.1 The Change Advisory Board (CAB) reviews all RFCs submitted and determine

whether or not they should be implemented. In addition, it may determine that

certain changes are altered before implementing.

5.6.2 The CAB should meet weekly except during change freeze periods. The Change

© Transnet SOC Ltd, February 2026

• To review the status of all open changes and schedule for the current and

upcoming weeks.

• Discuss high impact changes.
• Approve or decline each change.

5.6.3 Attendees of these weekly meetings should include the following representatives,

for both Transnet Group and the various Operating Divisions (ODs):

• Change Manager.
• All Operating Divisions representatives.
• Service provider/vendor representatives.
• IT Security representative.
• Service Desk representative.

5.7 Emergency change advisory board (ecab)

5.7.1 We appreciate that due to the nature of these types of changes that it is not very

practical to either wait for group of advisory board members to gather or to seek

approval for a change to be made. This is made especially difficult for out of

hour’s incidents that require immediate or quick changes to be made to restore a

service. In these circumstances, the Change Manager, GM Enterprise Service

(SC) and Configuration Items (CIs). This includes but is not limited to:

• Host systems, including rebooting of servers.
• Environmental components, power systems, fire suppression systems within

large-scale, bulk, or infrastructure-wide implementation of pre-authorised changes must

be reported to the CAB for noting prior to execution. This ensures visibility, coordinated

scheduling, and proactive management of aggregated risk.

The following is a list of CAB-approved pre-authorised (standard) changes:

5.3.1 Identity and Access Management:

• Monthly or regular user account terminations (e.g., leavers).

© Transnet SOC Ltd, February 2026

5.13 Unauthorised changes

5.13.1 Unauthorised Changes are a serious breach of this standard and an unacceptable

risk to Transnet. If unauthorised changes are detected, the CAB should sanction

an investigation to determine the impact of the unauthorised Changes and what

actions need to be taken.

• Legal action, including civil or criminal proceedings, where permitted under

applicable law.

• Restitution, where the violator may be required to compensate Transnet for any

loss or misuse of services.

• Termination or cancellation of contracts with third-party service providers.

impact of change-related incidents upon service quality and consequently improve the

multiple systems, sites, or a large number (>10% of total population) of endpoints/users

Cell C5: The Exchange Rate to be used when completing this Pricing Workbook:

Cell C5: The Exchange Rate to be used when completing this Pricing Workbook:

Cell B1: RFP ANNEXURE G -EVALUATION CRITERIA: FIXED TELEPHONY COMMUNICATION REQUIREMENTS

Cell A3: Annexure F: Transnet National Ports Authority - Lighthouses

Cell A3: Annexure F: Transnet National Ports Authority - Lighthouses

Cell A6: Transnet operates in 9 South African provinces and has offices in 9 over border cities (5 countries).

Cell A6: Transnet operates in 9 South African provinces and has offices in 9 over border cities (5 countries).

Cell B16: Independent Communications Authority of South Africa

Cell A3: 1. Bidder must read the notes prior to completing the schedule of Services Rendered below.

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

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:

a) 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.

b) 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.

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.

23.2 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.

regard to the delivery of the Goods/Services.

c) Emergency Demands as and when required

emergency outside the contract if immediate delivery can be offered from any other source.

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

c) 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.

d) 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]:

a) 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

b) 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.

(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.

be established, at any time, that a bidder has been restricted with National Treasury by another

government institution.

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

c) 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.

d) 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

31.1 Contract Quantities

a) 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.

b) 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.

c) 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

a) Period Contracts and Fixed Quantity Requirements

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

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

Cell A4: 1. Bidder must read the notes prior to completing the Support and Maintenance Information who will be assigned to the Transnet account should the bidder be successful.

Cell A4: 1. Bidder must read the notes prior to completing the Support and Maintenance Information who will be assigned to the Transnet account should the bidder be successful.

Cell A1: Annexure B3 Personnel Information (reference Annexure B Scope of work)

Cell A1: Annexure B3 Personnel Information (reference Annexure B Scope of work)

{"closingDate":"1 April 2016"}

{"name":null,"email":null,"phone":null,"department":"as required in the Fourth Schedule of","address":null}

11. The Respondent may further request that Transnet correct (excluding critical/mandatory or evaluation

Accountability; Processing limitation; Purpose specification; Further processing limitation; Information quality;

supply an affidavit as per

(Appendix D and E). These affidavits must be resubmitted on an annual basis as failure to do so may result in the

supplier’s account being temporarily suspended.

In addition, please note of the following very important information:

1. If your annual turnover is less than R10 million, then in terms of the DTI codes, you are cl

vendor master database. Please return the completed Supplier Declaration Form (SDF) together with the required

supporting documents as per Appendix V to the Transnet Official who is intending to procure your company’s

services / products, to enable us to process this request. Please only submit the documentation relevant to your

request.

Please Note: Effective 1 April 2016 all organisations, institutions and individuals who wish to provide goods

and/or services to organs of the State must be registered on the National Treasury’s Central Supplier Database

(CSD). This needs to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.

1. If your annual turnover is less than R10 million, then in terms of the DTI codes, you are classified as an

Exempted Micro Enterprise (EME). If your company is classified as an EME, please include in your submission, a

certified signed letter from your Auditor / Accountant confirming your company’s most recent annual turnover is

less than R10 million and percentage of black ownership and black female ownership in the company AND / OR BBBEE certificate and detailed scorecard from an accredited rating agency (e.g. permanent SANAS Member), or a

sworn Affidavit should you feel you will be able to attain a better B-BBEE score. (Appendix D).

2. If your annual turnover is between R10 million and R50 million , then in terms of the DTI codes, you

are classified as a Qualifying Small Enterprise (QSE) and you claim a specific B-BBEE level based on any 4 of the 7

elements of the B-BBEE score-card, please include your B-BBEE certificate in your submission as confirmation of

your status. Or if the Supplier is a QSE with More than 51% black owned, they can submit a sworn affidavit

(Appendix E).

Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency (e.g.

permanent SANAS Member).

3. If your annual turnover exceeds R50 million , then in terms of the DTI codes, you are classified as a

purpose of, but not limited to, risk assessment, assurances, vendor management, contract award, contract

management, auditing, legal opinions/litigations, 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.

status

If your business entity is not VAT Registered, please submit a current original sworn affidavit (see example in Appendix I).

How many personnel does the business employ? Full Time Part Time

Please Note: Should your business employ more than 2 full time employees who are not connected persons as defined in

the Income Tax Act, please submit a sworn affidavit, as per Appendix II.

R10Million

Most recent Financial Year’s Annual Turnover <R10Million >R50Million

<R50Million

Does your company have a valid B-BBEE certificate? Yes No

What is your Broad Based BEE status (Level 1 to 9)

% Black Women % Black Disabled % Black Youth

% Black Ownership

ownership person(s) ownership ownership

Please Note: Please provide proof of B-BBEE status as per Appendix V. If you qualify as an EME or QSE then provide an

affidavit following the examples provided in Appendix III and IV respectively. If you have indicated Black Disabled person(s)

ownership, then provide a certified letter signed by a physician, on the physician’s letterhead, confirming the disability.

20 ,

the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and

that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her

conscience and that the allegations herein contained are all true and correct.

20 ,

the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and

that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her

conscience and that the allegations herein contained are all true and correct.

• The enterprise is ______________% black owned;
• The enterprise is ______________% black woman owned;
• The enterprise is ______________% black youth owned;
• The enterprise is ______________% black disabled owned;
• Based on the management accounts and other information available for the _______ financial year, the income did not

exceed R50,000,000.00 (fifty million rand);

• The entity is an empowering supplier in terms of Clause 3.3 (a) or (b) or (c) or (d) or as amended 3.3 (e) of the DTI

Codes of Good Practice. (Tick appropriate box in table below).

(a) At least 25% of cost of sales, (excluding (b) Job Creation – 50% of jobs created are for

labour costs and depreciation) must be black people, provided that the number of

procurement from local producers or suppliers black employees in the immediate prior verified

in South Africa; for the services industry B-BBEE measurement is maintained

include labour costs but capped at 15%

(c) At least 25% transformation of raw material (d) At least 12 days per annum of productivity

/ beneficiation which include local deployed in assisting QSE and EME

manufacturing, production and /or assembly, beneficiaries to increase their operation or

and / or packaging financial capacity

(e) At least 85% of labour costs should be paid

to South African employees by service

industry entities

additional information from your company.

The Service Provider warrants that the details of its bank account (“the nominated account”) provided herein, are

correct and acknowledges that payments due to the Supplier will be made into the nominated account. If details

of the nominated account should change, the Service Provider must notify Transnet in writing of such change,

failing which any payments made by Transnet into the nominated account will constitute a full discharge of the

indebtedness of Transnet to the Supplier in respect of the payment so made. Transnet will incur no liability for any

payments made to the incorrect account or any costs associated therewith. In such an event, the Service Provider

indemnifies and holds Transnet harmless in respect of any payments made to an incorrect bank account and will,

on demand, pay Transnet any costs associated herewith.

Transnet expects its suppliers to timeously renew their Tax Clearance and B-BBEE certificates (where applicable),

as EMEs and QSEs (QSE’s with more than 51% ownership) are only expected to supply an affidavit as per

(Appendix D and E). These affidavits must be resubmitted on an annual basis as failure to do so may result in the

supplier’s account being temporarily suspended.

13. Further, the Respondent declares that they have obtained all consents pertaining to other data subject’s

personal information included in its submission and thereby indemnifying Transnet against any civil or criminal

action, administrative fines or other penalty or loss that may arise as a result of the processing of any personal

information that the Respondent submitted to it.

(NPO’s or National Govt Provincial Govt Local GovtForm of Entity Liability Co Co

Npc)

Cell B79: Lead times are based on new builds and existing infrustructure

Cell B79: Lead times are based on new builds and existing infrustructure

Cell A4: 1. Bidder must read the notes prior to completing the Reporting Portal Information who will be assigned to the Transnet account should the bidder be successful.

Cell A4: 1. Bidder must read the notes prior to completing the Reporting Portal Information who will be assigned to the Transnet account should the bidder be successful.

{"closingDate":"06 OCTOBER 2026","closingTime":"17:00","briefingSession":"{"date":null,"time":null,"venue":"ION ..................................................................................................................... 11","is_compulsory":false}"}

{"name":null,"email":"[email protected]","phone":null,"department":null,"address":"DING PROCEDURE / TECHNICAL ENQUIRIES MAY BE DIRECTED TO"}

Returnable Documents: Transnet Corporate Centre an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] [Registration No. 1990/000900/30] REQUEST FOR PROPOSAL [RFP] [GOODS/SERVICES] THE PROVISION OF HOSTED PBX NATIONALLY FOR A PERIOD OF FIVE (5) YEARS NUMBER TCC/2026/03/0049/3368/RFP ISSUE DATE: 07 SEPTEMBER 2026 CLOSING DATE: 06 OCTOBER 2026 CLOSING TIME: 17:00 BID VALIDITY PERIOD: 180 Business Days from Closing Date SUBMISSION TO: Transnet e-tender submission portal – see SBD 1 for details TECHNICAL PRE-QUALIFICATION CRITERIA, Bidders to submit Electronic Communication Certificate (ECNS): "IMPORTANT REQUIREMENT: All work requiring an ECNS ICASA license needs to performed by an appropriately licensed company, e.g. if a subsidiary of the bidder requires an ECNS license and refers to the parent company for the license or if the Parent Company requires to use subsidiary license : the necessary formal approval /documentation from ICASA need to be produced to confirm that the license can be transferred to the subsidiary from the parent company.", Bidder must provide an interoperability with existing Transnet devices (Bidder to provide confirmation letter), Bidder must provide 24/7 enterprise support. (Bidder to provide confirmation letter), Valid OEM certification confirming that the bidder is an approved Partner for the proposed solution, The bidders should have Valid ISO27001 Certification NB: Failure to submit the above technical requirements will result in disqualification _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 SCHEDULE OF BID DOCUMENTS Section No Page SECTION 1: SBD1 FORM .................................................................................................................... 4 SECTION 2 : NOTICE TO BIDDERS ..................................................................................................... 7 1 INVITATION TO BID ................................................................................................................... 7 2 FORMAL BRIEFING ..................................................................................................................... 8 3 PROPOSAL SUBMISSION ............................................................................................................. 8 4 RFP INSTRUCTIONS .................................................................................................................. 10 5 JOINT VENTURES OR CONSORTIUMS ......................................................................................... 10 6 COMMUNICATION ..................................................................................................................... 11 7 CONFIDENTIALITY .................................................................................................................... 12 8 COMPLIANCE ............................................................................................................................ 12 9 EMPLOYMENT EQUITY ACT ........................................................................................................ 12 10 DISCLAIMERS ............................................................................................................................ 12 11 LEGAL REVIEW .......................................................................................................................... 13 12 SECURITY CLEARANCE .............................................................................................................. 13 SECTION 3: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS ............................................ 15 SECTION 4: PRICING AND DELIVERY SCHEDULE ................................................................................ 26 SECTION 5: PROPOSAL FORM AND LIST OF RETURNABLE DOCUMENTS .............................................. 31 SECTION 6: CERTIFICATE OF ACQUAINTANCE WITH RFP, MASTER AGREEMENT & APPLICABLE DOCUMENTS .................................................................................................................................... 38 SECTION 7: RFP DECLARATION AND BREACH OF LAW FORM ............................................................. 39 SECTION 8: RFP CLARIFICATION REQUEST FORM.............................................................................. 44 SECTION 9 : SPECIFIC GOALS POINTS CLAIM FORM .................................................................................45 SECTION 10: CERTIFICATE OF ATTENDANCE OF COMPULSORY/NON-COMPULSORY RFP BRIEFING ..... 51 SECTION 11: JOB-CREATION SCHEDULE ........................................................................................... 52 SECTION 12: SBD 5 .......................................................................................................................... 54 SECTION 13: PROTECTION OF PERSONAL INFORMATION (FOR NORMAL CONTRACT) ......................... 59 SECTION 14: PROTECTION OF PERSONAL INFORMATION (FOR 0PERATOR) ....................................... 59 RFP ANNEXURES: Annexure A: VOIP Service Technical Requirements Annexure B: VOIP Technical Scope of Work Annexure B1: VOIP Service Schedule Of service rendered Annexure B2: VOIP Services Geographic Coverage Annexure B3: VOIP Service Personnel Information Annexure B4: VOIP Service Project Completion Information Annexure B5: VOIP Service Management _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 Annexure B6: Service Statement of Compliance (SOC) Annexure B7: VOIP Services Reporting Portal Annexure C: Pricing Workbook Annexure D: Service Level Agreement Annexure E: VOIP Services Transnet List Annexure F: Transnet National Ports Authority – Lighthouses Annexure G: Technical Evaluation Annexure H: Rail Network Depots Maps Annexure I: Mobile Contract Rental Rate Card Annexure J: Supplier Relationship Management Framework (SRM) Annexure K: ICT Change Management Standard Annexure L: Transnet’s General Bid Conditions Annexure M: Transnet’s supplier integrity pact Annexure N: Non-Disclosure Agreement Annexure O: Master Service Agreement Annexure P: Supplier Declaration Form Annexure Q: Transnet Voice Transition Plan Annexure R: Voip Abbreviations _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 FOR THE PROVISION OF FOR THE PROVISION OF HOSTED PBX NATIONALLY FOR A PERIOD OF FIVE (5) YEARS SECTION 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF FOR THE PROVISION OF FOR THE PROVISION OF HOSTED PBX NATIONALLY FOR A PERIOD OF FIVE (5) YEARS, TCC, A DIVISION TRANSNET SOC LTD ISSUE Sep CLOSING 06 Oct CLOSING BID NUMBER: TCC/2026/03/0049/3368/RFP DATE: 2026 DATE: 2026 TIME: 17:00 DESCRIPTION FOR THE PROVISION OF HOSTED PBX NATIONALLY FOR A PERIOD OF FIVE (5) YEARS BID RESPONSE DOCUMENTS SUBMISSION INSTRUCTIONS (pleaserefertosection2,paragraph3foradetailedprocessonhowtouploadsubmissions): https://transnetetenders.azurewebsites.net BIDDING PROCEDURE / TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON Neo Sekwati TELEPHONE NUMBER N/A FACSIMILE NUMBER N/A E-MAIL ADDRESS [email protected] SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER IT IS A CONDITION OF THIS BID THAT THE TAX MATTERS OF THE SUCCESSFUL RESPONDENTS BE IN ORDER, OR THAT SATISFACTORY ARRANGEMENTS HAVE BEEN MADE WITH SOUTH AFRICAN REVENUE SERVICE (SARS) TO MEET THE RESPONDENTS TAX OBLIGATIONS. TCP PIN OR CSD NO SUPPLIER COMPLIANCE STATUS BBEEE Yes STATUS LEVEL OR SWORN AFFIDAVIT No If Yes, Who was the Certificate issued by? AN ACCOUNTING OFFICER AS AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) CORPORATION ACT (CCA) AND A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN NAME THE APPLICABLE IN THE ACCREDITATION SYSTEM (SANAS) _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 TICK BOX A REGISTERED AUDITOR NAME: [AB-BBEESTATUSLEVELVERIFICATIONCERTIFICATE/SWORNAFFIDAVIT(FOREMES&QSEs)MUSTBE SUBMITTEDFORPURPOSESOFCOMPLIANCEWITHTHEB-BBEEACT] 2 ARE YOU A FOREIGN BASED1 ARE YOU THE ACCREDITED SUPPLIER FOR THE Yes No REPRESENTATIVE IN SOUTH Yes No GOODS /SERVICESAFRICA FOR THE GOODS /WORKS [IF YES, ANSWER/SERVICES /WORKS OFFERED? [IF YES ENCLOSE PROOF] OFFERED? QUESTIONAIRE BELOW ] Signature of the Bidder Date: ................................. ................................. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING, TAX COMPLIANCE REQUIREMENTS 1.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 1.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 1.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 1.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 1.5 IN BIDS WHERE UNINCORPORATED CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 1.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. 1.7 RESPONDENTS ARE REQUIRED TO SELF-REGISTER ON NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE (CSD) WHICH HAS BEEN ESTABLISHED TO CENTRALLY ADMINISTER SUPPLIER INFORMATION FOR ALL ORGANS OF STATE AND FACILITATE THE VERIFICATION OF CERTAIN KEY SUPPLIER INFORMATION. ONLY FOREIGN SUPPLIERS WITH NO LOCAL REGISTERED ENTITY NEED NOT REGISTER ON THE CSD. THE CSD CAN BE ACCESSED AT HTTPS://SECURE.CSD.GOV.ZA/. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: ................................................... CAPACITY UNDER WHICH THIS BID IS SIGNED: ................................................... (Proof of authority must be submitted e.g. company resolution) DATE: _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 SECTION 2: NOTICE TO BIDDERS 1 INVITATION TO BID Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies, close corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder]. DESCRIPTION For the Provision of and Hosted PBX Nationally for a Period of Five (5) Years TENDER ADVERT All Transnet tenders are advertised on the National Treasury’s e-Tender Publication Portal and the Transnet website only. If you receive tender adverts for Transnet in any other platform other than the ones mentioned, it is your duty to verify the authenticity, accuracy, latest updates and reliability of the information with the platforms mentioned. Should both media (i.e. National Treasury’s e-Tender Publication Portal or Transnet website) not be available, bidders are advised to check on the other media for advertised tenders. RFP DOWNLOADING This RFP may be downloaded directly from National Treasury’s e-Tender Publication Portal at www.etenders.gov.za free of charge. To download RFP and Annexures, Click on “Tender Opportunities”;, Select “Advertised Tenders”;, In the “Department” box, select Transnet SOC Ltd. Once the tender has been in the list, click on the ‘Tender documents” tab and process to download all uploaded documents. The RFP may also be downloaded from the Transnet Portal at https://transnetetenders.azurewebsites.net ( COMMUNICATION Transnet will publish the outcome of this RFP on the National Treasury e-tender portal and Transnet website with 10 days after the award has been finalised. All unsuccessful bidders have a right to request for reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form Any addenda to the RFP or clarifications will be published on the e- tender portal and Transnet website. Bidders are required to check the e-tender portal or Transnet website prior to finalising their bid submissions for any changes or clarifications to the RFP. Transnet will not be held liable if Bidders do not receive the latest information regarding this RFP with the possible consequence of either being disadvantaged or disqualified as a result thereof. BRIEFING SESSION Yes / non-compulsory Bidders are required to confirm their attendance and to send their contact details including the number of representatives (where applicable) to the following address: [email protected] This is to ensure that Transnet may make the necessary arrangements for the briefing session. Refer to paragraph 2 for details. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 CLOSING DATE 06 October 2026 at 17:00 Bidders must ensure that bids are uploaded timeously onto the system. Generally, if a bid is late, it will not be accepted for consideration. Respondents are to submit bid documents by uploading them onto the Transnet system against each tender selected. A Bidder can upload 30mb per upload and multiple uploads are permitted. Bidders should ensure that electronic bid submissions are submitted at least a day before the closing date and bidders should not wait for the last hour before the deadline to submit. This is to enable them to timeously address issues which they may encounter due to internet speed, bandwidth or the size of the number of uploads being submitted. Transnet will not be held liable for any challenges experienced by bidders as a result of their own technical challenges. NB! In accordance with Section 217 of the Constitution, the Preferential Procurement Policy Framework Act (PPPFA), the Preferential Procurement Regulations, the Public Finance Management Act (PFMA), and applicable National Treasury Instructions, each bidder is strictly permitted to submit only one proposal or offer per bid invitation, unless expressly stated otherwise in the bid documents. VALIDITY PERIOD 180 Business Days from Closing Date Bidders are to note that they may be requested to extend the validity period of their bid, at the same terms and conditions, if the internal evaluation process has not been finalised within the validity period. However, once the adjudication body has approved the process and award of the business to the successful bidder(s), the validity of the successful bidder(s)’ bid will be deemed to remain valid until a final contract has been concluded. Should a bidder fail to respond to a request for extension of the validity period before it expires, that bidder will be excluded from tender process. With regard to the validity period of next highest ranked bidders, please refer to Section 2, paragraph 10.12 Any additional information or clarification will be published on the e-Tender portal and Transnet website, if necessary. 2 FORMAL BRIEFING A non-compulsory pre-proposal RFP briefing will be conducted at MS Teams on the 15 September 2026, at 12:30 for a period of ± 2hours. [Respondents to provide own transportation and accommodation]. The briefing session will start punctually, and information will not be repeated for the benefit of Respondents arriving late. 2.1 Despite the briefing session being non-compulsory, Transnet nevertheless encourages all Respondents to attend. Transnet will not be held responsible if any Respondent who did not attend the non-compulsory session subsequently feels disadvantaged as a result thereof. 2.2 Respondents are encouraged to have a copy of the RFP during the RFP briefing. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 Link to the non-compulsory pre-proposal RFP briefing 3 https://teams.microsoft.com/meet/397439152090952?p=fRCTUVnl3tV k1STmEQ 4 PROPOSAL SUBMISSION Transnet has implemented a new electronic tender submission system, the e-Tender Submission Portal, in line with the overall Transnet digitalization strategy where suppliers can view advertised tenders, register their information, log their intent to respond to bids and upload their bid proposals/responses on to the system. The Transnet e-Tender Submission Portal can be accessed as follows: (Refer to the step-by-step manual attached), Step 1: Search for the Supplier Relationship Portal using the URL: <E-supplier Portal Link>, Step 2: Step 2: Registration (Organisation Information), Step 2: Maintain and Manage Company Address Info., Step 3: Populate the registration details, Step 4: Maintain The Company Partners Information, Step 5: Manage and Maintain Business Information, Step 6: Manage the Transformation, Step 7: Applying for Bids, Step 8: Submit Tender Documentation, Step 9: Pricing & Scorecard Captured, Submit bid documents by uploading them into the system against each tender selected., Respondents are to submit bid documents by uploading them onto the Transnet system against each tender selected. A Bidder can upload 30mb per upload and multiple uploads are permitted., Bidders should ensure that electronic bid submissions are submitted at least a day before the closing date and bidders should not wait for the last hour before the deadline to submit. This is to enable them to timeously address issues which they may encounter due to internet speed, bandwidth or the size of the number of uploads being submitted. Transnet will not be held liable for any challenges experienced by bidders as a result of their own technical challenges., No late submissions will be accepted. The bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net, Each company must register its own profile using its company details and use the corresponding registered profile to log an intent to bid as well as submitting any bid., Transnet will not accept a bid or will disqualify a bidder who submits a bid in the Transnet e-tender submission through another bidders’/Company’s profile. In other words, each bidder must register the intent to bid and submit its bid through its own profile under the _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 same company name that will eventually bid for the tender. No company shall submit a bid on behalf of another company regardless of the company being a subsidiary or holding company., In case of a Joint Venture, any of the parties/companies to the Joint Venture may use its registered profile to submit a bid on behalf of the Joint Venture., A detailed bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net 5 CONDITIONS OF CONTRACT 5.1 Where Transnet has identified opportunities of economic transformation and empowerment, Transnet will incorporate a contractual obligation for the winning bidder to execute the identified transformation objective as a condition of contract. 5.2 Each bidder interested in participating in this tender should be cognisant that it is a condition of contract the winning bidder may be required to contract with Transnet on one or more of the following transformation initiatives, Subcontracting 5.3 The bidder will be required to sub-contract a minimum of 30% of the total value of the contract. 5.4 The successful bidder(s) will be required to meet the requirements of any condition stated in this section. Failure to meet any of the conditions, may result in the contract not being concluded between Transnet and the successful bidder. 6 RFP INSTRUCTIONS 6.1 Please sign documents [sign, stamp and date the bottom of each page] before uploading them on the system. The person or persons signing the submission must be legally authorised by the respondent to do so. 6.2 All returnable documents tabled in the Proposal Form [Section 5] must be returned with proposals. 6.3 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be offers. Any exceptions to this statement must be clearly and specifically indicated. 6.4 Any additional conditions must be embodied in an accompanying letter. Subject only to clause 15 [Alterations made by the Respondent to Bid Prices] of the General Bid Conditions, paragraph 12 below (Legal Review) and Section 6 of the RFP, alterations, additions or deletions must not be made by the Respondent to the actual RFP documents. 7 JOINT VENTURES OR CONSORTIUMS Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B- BBEE entities, must state their intention to do so in their RFP submission. Such Respondents must also submit a signed JV or consortium agreement between the parties clearly stating the percentage _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 [%] split of business and the associated responsibilities of each party. If at the time of the bid submission such a JV or consortium agreement has not been concluded, the partners must submit confirmation in writing of their intention to enter into a JV or consortium agreement should they be awarded business by Transnet through this RFP process. This written confirmation must clearly indicate the percentage [%] split of business and the responsibilities of each party. In such cases, award of business will only take place once a signed copy of a JV or consortium agreement is submitted to Transnet., Respondents are to note that for the purpose of Evaluation, a JV will be evaluated based on one consolidated B-BBEE score card (a consolidated B-BBEE Status Level verification certificate) Preference points will be awarded to a bidder for attaining the specific goals requirements in accordance with the table indicated in Section 4.1 of the specific goals Claim Form. COMMUNICATION (CLARIFICATIONS AND COMPLAINTS) 7.1 For specific clarification relating to this RFP, an RFP Clarification Request Form should be submitted to [Neo Sekwati] email: [email protected] before 24 September 2026 on, substantially in the form set out in Section 8 hereto. In the interest of fairness and transparency, Transnet’s response to such a query will be published on the e-tender portal and Transnet website. 7.2 Specific complaints relating to this RFP before or after the closing date should be formally submitted by emailing to [email protected]. Once the complaint has been submitted, the Transnet SCM Complaints office will acknowledge your complaint and send you a complaint form for completion. 7.3 After the closing date of the RFP, a Respondent may only communicate with the name of delegated individual (BEC chairperson), email [email protected] on any matter relating to its RFP Proposal. 7.4 Respondents are to note that changes to its submission will not be considered after the closing date. 7.5 It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or employee of Transnet in respect of this RFP between the closing date and the date of the award of the business. 7.6 Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business with organs of state for a specified period. 7.7 Transnet will publish the outcome of this RFP in the National Treasury e-tender portal and Transnet website with 10 days after the award has been finalised. Respondents are required to check the National Treasury e-tender Portal and Transnet website for the results of the tender process. All unsuccessful bidders have a right to request Transnet to furnish reasons _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form 8 CONFIDENTIALITY All information related to this RFP is to be treated with strict confidence. In this regard Respondents are required to certify that they have acquainted themselves with the Non-Disclosure Agreement. All information related to a subsequent contract, both during and after completion thereof, will be treated with strict confidence. Should the need however arise to divulge any information related to this RFP or the subsequent contract, written approval must be obtained from Transnet. 11.9 to cancel the contract and/request that National Treasury place the Respondent on its Database of Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on the strength of incorrect information furnished by the Respondent or on any other basis recognised in law; 11.10 to award the business to the next ranked bidder, provided that he/she is still prepared to provide the required Goods at the quoted price, should the preferred bidder fail to sign or commence with the contract within a reasonable period after being requested to do so. Under such circumstances, the validity of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the outcome of the tender has been published the outcome of the bid process on the National Treasury e-tender Portal and Transnet website. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods at their quoted price. 11.11 Request a bidder to furnish further information relating to its Environmental, Social and Governance (ESG) standing at any stage of the procurement or contracting process. This information may not be used for purposes of evaluation and/or disqualify bidder, but may be use for purpose of record and analysis of ESG compliance. 11.12 Where sub-contracting is applied in a tender, conduct due diligence assessment on the sub- contractor(s) and this may entail requesting the bidder to provide further information relating to the sub-contractor(s) or directly requesting the information from the sub-contractor(s) as well as conducting any necessary investigations on the sub-contractor(s) to detect issues of “FRONTING”. Note that Transnet will not reimburse any Respondent for any preparatory costs or other work performed in connection with its Proposal, whether or not the Respondent is awarded a contract. 12 LEGAL REVIEW A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. A material deviation from the Standard terms or conditions could result in disqualification. 13 SECURITY CLEARANCE Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the Goods/Services and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require. _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 TRANSNET URGES ITS CLIENTS, SUPPLIERS AND THE GENERAL PUBLIC TO REPORT ANY FRAUD OR CORRUPTION TO _____________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Proposal No: TCC/2026/03/0049/3368/RFP of 62 SECTION 3: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS 2.6 Transnet must reduce costs by streamlining its acquisition of Goods/Services, including managed service processes on a Group basis. 3 SCOPE OF REQUIREMENTS To achieve this, aim the FTC programme will be executed in 3 phases: Phase 1: migration from the current Hosted PBX (Vodacom One Business) to the new proposed FTC HPBX Platform (N-HPBX) supplied by Newco Service Provider (the scope of this RFP). Phase 2: Gradual migration (over 5 years) of FTC users from the new HPBX platform to the MS Teams platform. Phase 3: Future Mode of Operations (on conclusion of 5-year contract): completion of migration of bulk of FTC from Newco FTC Platform to MS Teams with the balance (i.e. where Teams cannot meet all requirements) remaining with the N-PBX platform. THE DETAILS OF THE PHASES ARE PROVIDED IN THE FOLLOWING SECTIONS: 3.1 Current Mode of Operations (CMO) Transnet has made a large investment in both PSTN (Public Switched Telephone Network) and VOIP (Voice over IP) technology, i.e.

6.3 STEP THREE Evaluation and Final Weighted Scoring

a) Price [Weighted score 90/80 points]:

Evaluation Criteria RFP Reference

• Commercial offer Section4andAnnexureC

Transnet will utilise the following formula in its evaluation of Price:

PS = 80 (1 − Pt−Pmin) OR PS = 90 (1 − Pt−Pmin)

Pmin Pmin

Where:

Ps = Score for the Bid under consideration

Pt = Price of Bid under consideration

Pmin= Price of lowest acceptable Bid

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

▪ Specific goals preference points claim form

▪ Preference points will be awarded to a bidder for attaining the specific goals

requirements in accordance with the table indicated in Section 4.1 of the specific goals

Claim Form:

Selected Specific Goal Number of points allocated

B-BBEE Level of contributor (1 or 2) 10

30% subcontracting to designated Groups 10

Non-Compliant and/or B-BBEE Level 3-8 0

contributors

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B-BBEE Level of contributor (1 or 2) 5

30% subcontracting to designated Groups 5

Non-Compliant and/or B-BBEE Level 3-8 0

contributors

6.4 SUMMARY: Applicable Thresholds and Final Evaluated Weightings

Thresholds Minimum Threshold

Technical / functionality 70

Evaluation Criteria Final Weighted Scores

Price 90/80

Specific goals - Scorecard 10/20

Total score: 100

6.5 STEP FOUR: Price Negotiations

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

not market related. In this regard, Transnet reserves the right to engage in PTN with the

view to achieving a market-related price or to cancel the tender. Negotiations will be done

in a sequential manner i.e.:

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

not simultaneous manner, failing which;

o Reserve the right to cancel the bid if not market related.

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

his/her bid, as well as any subsequent negotiated best and final offers (BAFO), will

automatically be deemed to remain valid during the negotiation period and until the

ultimate award of business.

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

provide their best and final offers to Transnet based on such negotiations. Where a market

related price has been achieved through negotiation, the contract will be awarded to the

successful Respondent(s).

▪ Over and above the negotiation process aimed at achieving a market-related price as

outlined above, Transnet reserves the right to engage further with bidder(s) after the

initial price negotiations have been concluded. Such engagements may be undertaken to

Respondent’s Signature Date & Company Stamp

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Transnet requires a Fixed Telephony Communication (FTC) PBX-based solution that will replace or

take over the current HPBX solution, while ensuring that the existing FTC devices already purchased

are retained and fully utilized and the purpose this sourcing strategy is to issue an RFP obtain

proposals for the implementation, support, and maintenance of a Hosted PBX FTC solution (N-PBX)

for a contract period of five (5) years, currently managed by Vodacom.

Looking ahead, Transnet’s Future Mode of Operations (FMO) is the ubiquitous deployment of

Microsoft Teams-based calling for FTC, which will be internally managed by Transnet. Under this

model, it is anticipated that less than 5% of FTC devices will remain on the N-PBX solution, with the

majority of telephony traffic transitioning to Microsoft Teams.

Transnet’s future mode of operations (FMO) will be the ubiquitous deployment of Microsoft Teams-

based calling (to be internally managed by Transnet) for FTC, with less than 5% of FTC devices

remaining on the N-PBX solution.

2 executive overview

Whereas Transnet is seeking a partner to provide solutions for the provision of hosted PBX for a

period of five (5) years nationally. it also seeks to improve its current processes for providing these

Goods/Services to its end user community throughout its locations.

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

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

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

partnership, Transnet and its Service provider(s) will study the current ways they do business to

enhance current practices and support processes and systems. Such a partnership will allow

Transnet to reach higher levels of quality, service and profitability.

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

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

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

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

both Transnet and the chosen Service provider(s).

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

provision of Goods/Services and related processes.

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

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

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

enquiries, recommendations and substitutions.

Respondent’s Signature Date & Company Stamp

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Annexure A: VOIP Service Technical Requirements

Annexure B: VOIP Technical Scope of Work

Annexure B1: VOIP Service Schedule Of service rendered

Annexure B2: VOIP Services Geographic Coverage

Annexure B3: VOIP Service Personnel Information

Annexure B4: VOIP Service Project Completion Information

Annexure B5: VOIP Service Management

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Annexure B6: Service Statement of Compliance (SOC)

Annexure B7: VOIP Services Reporting Portal

Annexure C: Pricing Workbook

Annexure D: Service Level Agreement

Annexure E: VOIP Services Transnet List

Annexure F: Transnet National Ports Authority – Lighthouses

Annexure G: Technical Evaluation

Annexure H: Rail Network Depots Maps

Annexure I: Mobile Contract Rental Rate Card

Annexure J: Supplier Relationship Management Framework (SRM)

Annexure K: ICT Change Management Standard

Annexure L: Transnet’s General Bid Conditions

Annexure M: Transnet’s supplier integrity pact

Annexure N: Non-Disclosure Agreement

Annexure O: Master Service Agreement

Annexure P: Supplier Declaration Form

Annexure Q: Transnet Voice Transition Plan

Annexure R: Voip Abbreviations

Respondent’s Signature Date & Company Stamp

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tenders, register their information, log their intent to respond to bids and upload their bid

proposals/responses on to the system.

The Transnet e-Tender Submission Portal can be accessed as follows: (Refer to the step-by-step

manual attached)

a) Step 1: Search for the Supplier Relationship Portal using the URL: <E-supplier Portal Link>

a) Step 2: Step 2: Registration (Organisation Information)

b) Step 2: Maintain and Manage Company Address Info.

c) Step 3: Populate the registration details:

d) Step 4: Maintain The Company Partners Information

e) Step 5: Manage and Maintain Business Information

f) Step 6: Manage the Transformation

g) Step 7: Applying for Bids

h) Step 8: Submit Tender Documentation

i) Step 9: Pricing & Scorecard Captured

j) Submit bid documents by uploading them into the system against each tender selected.

k) Respondents are to submit bid documents by uploading them onto the Transnet system

against each tender selected. A Bidder can upload 30mb per upload and multiple uploads

are permitted.

l) Bidders should ensure that electronic bid submissions are submitted at least a day before

the closing date and bidders should not wait for the last hour before the deadline to submit.

equipment/hardware (MS Teams phones, servers, Sip servers, AudioCodes, call cabinet, routers, etc),

software, licenses, professional services etc – and the development and migration work that will be

required: to be included in the pricing workbook. The solution needs to be designed to handle at least the

following functionality and volumes. Pricing to be clearly indicated in the pricing workbook.

a) Soft and Hard Phone Capability

b) Telephony software and hardware (including phones, servers, etc.)

c) FTC Infrastructure based on a Hosted Telephony architecture (including routers,

switches, etc.)

d) Integration with a SIP (Session Initiation Protocol) Trunking solution

e) Must include Switchboard Management functionality where required (refer to pricing

workbook for volumes)

f) Monitoring and Analysis tools/systems

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g) Migration from Vodacom Hosted PABX infrastructure to the N-PBX.

h) Field Support, Maintenance and professional services.

i) Disaster Recovery (Durban and CPT) and High Availability Isando.

j) Leased cost routing to be implemented on ALL SBC and Load balancing.

k) Contact centre and Voice storage functionality is required, 10 000 minutes per site for every 12

months, increase storage as in when required.

l) Shall be capable of running on an SD-WAN based network

m) Provide geographic interconnection points at the following locations:

East London, Germiston, Pretoria (NZASM building), Nelspruit, Durban (queens’ warehouse), Port

Elizabeth (North-end), Cape Town (Bellville), Bloemfontein, Richards Bay.

• Whether the Bid has been lodged on time Section1paragraph3

• Whether all Returnable Documents and/or schedules [where Section5

applicable] were completed and returned by the closing date

and time

Respondent’s Signature Date & Company Stamp

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• Verify the validity of all returnable documents Section5

• Verify if the Bid document has been duly signed by the Allsections

authorised respondent

• Whether any general and legislation qualification criteria set Allsections

by Transnet, have been met

• Whether the Bid contains a priced offer Section 4 – Pricing Workbook

Price 90/80

Specific goals - Scorecard 10/20

Total score: 100

6.5 STEP FOUR: Price Negotiations

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

not market related. In this regard, Transnet reserves the right to engage in PTN with the

view to achieving a market-related price or to cancel the tender. Negotiations will be done

in a sequential manner i.e.:

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

not simultaneous manner, failing which;

o Reserve the right to cancel the bid if not market related.

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

his/her bid, as well as any subsequent negotiated best and final offers (BAFO), will

automatically be deemed to remain valid during the negotiation period and until the

ultimate award of business.

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

provide their best and final offers to Transnet based on such negotiations. Where a market

related price has been achieved through negotiation, the contract will be awarded to the

successful Respondent(s).

▪ Over and above the negotiation process aimed at achieving a market-related price as

outlined above, Transnet reserves the right to engage further with bidder(s) after the

initial price negotiations have been concluded. Such engagements may be undertaken to

Respondent’s Signature Date & Company Stamp

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secure additional reductions in the prices, rates, or pricing structures submitted, with the

objective of enhancing cost efficiency and achieving optimal value for money across all

contracts. These further negotiations will be conducted in a fair, transparent, and

equitable manner, and shall not compromise the integrity of the procurement process or

alter the original scope of work. Bidders are therefore encouraged to submit their most

competitive and sustainable pricing at the outset, while noting that Transnet may, at its

discretion, seek further value optimization through continued engagement

6.6 STEP FIVE: Award of business and conclusion of contract

▪ Immediately after approval to award the contract has been received, the successful