Technical specification: new HVAC units for blue train sets (TRANSNET engineering)

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Compulsory site meeting and/or RFQ briefing will be conducted at Transnet Engineering Coaches - Corner Lynette and Crescent, Koedoespoort, Pretoria - Coaches Admin Boardroom for a period of ±2 hours. Date and Time: As Per E-Tender Portal. 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. A Certificate of Attendance in the form set out in Section 8 must be completed and submitted with the request for quotation as proof of attendance. Respondents failing to attend the compulsory RFQ briefing will be disqualified.

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Returnable Documents: TRANSNET ENGINEERING an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] Registration Number 1990/000900/30 REQUEST FOR QUOTATION [RFQ] No. TE/2026/09/3873/11650/RFQ SUPPLY AND INSTALL AND DELIVERY OF KIT; TYPE: AIR CONDITIONER, APPLICATION: BLUE TRAIN; SPECIFICATION: PD-PDC-NAT-SPEC-0459, LA; FOR NEW HEATING, VENTILATION AND AIRCONDITIONING UNITS ON BLUE TRAIN (MAT NO.090879676), TO TRANSNET ENGINEERING, COACH BUSINESS, KOEDOESPOORT, FOR A ONCE OFF PERIOD ISSUE DATE : AS PER E-TENDER PORTAL COMPULSORY SITE MEETING DATE/TIME : AS PER E-TENDER PORTAL COMPULSORY SITE MEETING VENUE : TRANSNET ENGINEERING, COACHES, KOEDOESPOORT, CONRNER OF LYNETTE AND CRESENT, PRETORIA CLOSING TIME : AS PER E-TENDER PORTAL RFQ VALIDITY PERIOD : 180 Business Days Business days from the closing date SUBMISSION TO : Transnet e-tender submission portal – see SBD 1 for details - https://esupplierportal.transnet.net RESPONDENTS ARE ECOURAGED TO BRING A COPY OF THIS TENDER DOCUMENT AND SPECIFICATION, SAFETY BOOTS AND A REFLECTIVE VEST TO THE SITE MEETING AND RFP BRIEFING. NAME OF COMPANY: _________________________________ COMPANY REG. NUMBER: _________________________________ VENDOR NUMBER (Existing TE Vendors only) _____________________ _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 SECTION 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS , SUPPLY AND INSTALL AND DELIVER OF KIT; TYPE: AIR CONDITIONER, FOR A ONCE OFF PERIOD TO TRANSNET ENGINNERING COACHES KOEDOESPOORT, A DIVISION TRANSNET SOC LTD TE/2026/09/3873/ ISSUE AS PER E- CLOSING AS PER E- CLOSING TENDER TENDER AS PER EBID NUMBER: 11650/RFQ DATE: PORTAL DATE: PORTAL TIME: TENDER PORTAL SUPPLY AND INSTALL AND DELIVERY OF KIT; TYPE: AIR CONDITIONER, APPLICATION: BLUE TRAIN; SPECIFICATION: PD-PDC-NAT-SPEC-0459, LA; FOR NEW HEATING, VENTILATION AND AIRCONDITIONING UNITS ON BLUE TRAIN (MAT NO.090879676), TO TRANSNET ENGINEERING, COACH BUSINESS, KOEDOESPOORT, FOR A ONCE OFF PERIOD BIDDING PROCEDURE / TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON MARIETJIE WILLIAMS TELEPHONE NUMBER 031-3615961 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. TCS PIN OR CSD NO: SUPPLIER COMPLIANCE STATUS Yes BBEEE STATUS LEVEL SWORN AFFIDAVIT No Yes, Who was the Certificate issued by AN ACCOUNTING AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT OFFICER AS (CCA) CONTEMPLATED IN A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION THE CLOSE SYSTEM (SANAS) CORPORATION ACT A REGISTERED AUDITOR (CCA) AND NAME THE NAME: APPLICABLE IN THE TICK BOX _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT MUST BE SUBMITTED FOR PURPOSES OF COMPLIANCE WITH THE B-BBEE ACT] 1 ARE YOU THE ACCREDITED REPRESENTATIVE IN 2 ARE YOU A FOREIGN BASED SOUTH AFRICA FOR SUPPLIER FOR THE GOODS THE GOODS Yes No /SERVICES /WORKS OFFERED?/SERVICES /WORKS Yes No OFFERED? [IF YES, ANSWER [IF YES ENCLOSE PROOF] 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/.iu 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 Quotation No. TE/2026/09/3873/11650/RFQ of 30 SECTION 2: NOTICE TO BIDDERS _____________________________________________________________________________________ 1 Responses to RFQ Responses to this RFQ [Quotations] must not include documents or reference relating to any other quotation or proposal. Any additional conditions that the bidder wants to bring to the attention of Transnet must be embodied in an accompanying letter. 2 Formal Briefing A compulsory site meeting and/or RFQ briefing will be conducted at Transnet Engineering Coaches - Corner Lynette and Cresent, Koedoespoort, Pretoria - Coaches Admin Boardroom for a period of ± 2 hours. Date and Time: As Per E-Tender Portal. [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 ACertificateofAttendanceintheformsetoutinSection8heretomustbecompletedandsubmitted withyourrequestforquotationasproofofattendanceisrequiredforacompulsorysitemeetingand/or RFQbriefing. 2.2 Respondents failing to attend the compulsory RFQ briefing will be disqualified. 3 Communication (Clarifications and Complaints) 3.1 Specific clarification queries relating to this RFQ before the closing date of the RFQ should be submitted to Marietjie Williams at email: [email protected] on or before on 16th of September 2026 In the interest of fairness and transparency Transnet’s response to such a query will then be made available to other bidders. 3.2 Specific complaints relating to this RFQ before or after the closing date should be formally submitted by emailing [email protected]. Once the complaint has been submitted, the Transnet SCM Complaints office will acknowledge your complaint and send you a complaint form for completion. 3.3 It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or employee of Transnet in respect of this RFQ between the closing date and the date of the award of the business. 3.4 Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business with organs of state for a specified period. 3.5 The outcome of the process will be communicated, via email, to all bidders as soon as the process is concluded. Should a bidder not receive any communication from Transnet 30 days after the expiry of the validity period of this bid, the bidder can consider its bid not being successful. All unsuccessful bidders have a right to request Transnet to furnish reasons for their bid not being successful. This requested must be directed to the contact person stated in the SBD 1 form 4 Legal Compliance The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 5 Employment Equity Act Respondents must comply with the requirements of the Employment Equity Act applicable to it including (but not limited to) Section 53 of the Employment Equity Act. 6 Changes to Quotations Changes by the Respondent to its submission will not be considered after the closing date and time. 7 Binding Offer Any Quotation furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this statement must be clearly and specifically indicated. 8 Disclaimers 8.1 Respondents are hereby advised that Transnet is not committed to any course of action as a result of its issuance of this RFQ and/or its receipt of a Quotation in response to it. Please note that Transnet reserves the right to, modify the RFQ’s goods / service(s);, award only a portion of the proposed goods / services which are reflected in the scope of this RFQ;, split the award of the order/s between more than one Supplier/Service Provider as may be explicitly articulated in the conditions or objective criteria to this RFQ;, cancel the quotation process;, validate any information submitted by Respondents in response to this bid. This would include, but is not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid, Respondents hereby irrevocably grant the necessary consent to Transnet to do so;, request audited financial statements or other documentation for the purposes of a due diligence exercise;, not accept any changes or purported changes by the Respondent to the bid rates after the closing date and/or after the award of the business, unless the contract specifically provides for it;, to cancel the contract and/request that National Treasury place the Respondent on its Database of Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on the strength of incorrect information furnished by the Respondent or on any other basis recognised in law;, award the business to the next ranked bidder, provided that he/she is still prepared to provide the required Goods/Services at the quoted price, should the preferred bidder fail to sign or commence with the contract within a reasonable period after being requested to do so. Under such circumstances, the validity of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the next ranked bidder(s) were notified of their bid being unsuccessful. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods/Services at their quoted price., Should a bidder fail to respond to a request for extension of the validity period before it expires, that bidder will be excluded from tender process. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 9 Specification/Scope of Work SUPPLY AND INSTALL AND DELIVERY OF KIT; TYPE: AIR CONDITIONER, APPLICATION: BLUE TRAIN; SPECIFICATION: PD-PDC-NAT-SPEC-0459, LA; FOR NEW HEATING, VENTILATION AND AIRCONDITIONING UNITS ON BLUE TRAIN (MAT NO.090879676), TO TRANSNET ENGINEERING, COACH BUSINESS, KOEDOESPOORT, FOR A ONCE OFF PERIOD Mat no. Description Tender Unit of Quantity issue 090879676 KIT; AIRCON, BT; PD-PDC-NAT-SPEC-0459 1 EACH KIT; TYPE: AIR CONDITIONER, APPLICATION: BLUE TRAIN; SPECIFICATION: PD-PDC-NAT-SPEC- 0459, LA; NEW HEATING, VENTILATION AND AIRCONDITIONING UNITS ON BLUE TRAIN SETS CONSISTING OF, HVAC Design & Engineering only for the Luxury coaches Qty. 1 set, Prototype Development , testing and Installation- Luxury Coach Qty. 1 coach, HVAC System Supply, Installation & Testing 3.1 Luxury Coach Qty. 1 Coach, Removal of existing HVAC equipment Qty. 2 Coach, Documentation - Operation & Maintenance Manuals Qty. 1 set, Training 6.1 Operators Qty. 1 each 6.2 Maintenance Qty. 1 each NB: BIDDER TO SUBMIT THE PRICING BREAKDOWN AS PER ANNEXURE B 10 Legal review A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. 11 Security clearance Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require. _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 SECTION 3 EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS Thetestforresponsiveness[StepOne]mustbepassedforaRespondent’sProposalto progresstoStepTwoEvaluationandFinalWeightedScoring 1.2 STEP TWO: Minimum Threshold 85 points for Technical Criteria will apply to this RFQ. The test for the Technical and Functional threshold will include the following: _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 1.3 STEP THREE: Evaluation and Final Weighted Scoring, Price and TCO Criteria [Weighted score 80 points]: Evaluation Criteria RFP Reference, Commercial offer - fully completed pricing schedule on the e-tender E-tenderportal portal Transnet will utilise the following formula in its evaluation of Price: PS = 80 (1 − Pt−Pmin ) Pmin Where: Ps = Score for the Bid under consideration Pt = Price of Bid under consideration Pmin= Price of lowest acceptable Bid, Specific Goals [Weighted score 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. 1.4 STEP FOUR: Price Negotiations (if applicable), 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 first negotiate with the highest ranked bidder or cancel the bid, should such negotiations fail, _________________________ ____________________________ Respondent’s Signature Date & Company Stamp Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30 o negotiate with the 2nd and 3rd ranked bidders (if required) in a sequential manner., 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). 1.5 STEP FIVE: Award of business and conclusion of contract, Immediately after approval to award the contract has been received, the successful or preferred bidder(s) will be informed of the acceptance of his/their Quotation by way of a Letter of Award. Thereafter the final contract will be concluded with the successful Respondent(s), where applicable., Alternatively, the acceptance of a letter of award by the Successful Respondent will constitute the final contract read together with their RFQ response and the Standard Terms and Conditions. This will be stated in the letter of award. 2 Validity Period Transnet requires a validity period of 180 days [0ne hundred and eighty] Business Days from the closing date of this RFQ, excluding the first day and including the last day. Bidders are to note that they may be requested to extend the validity period of their bid, on 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. 3 Disclosure of contract information Johannesburg Stock Exchange Debt Listing Requirements Transnet may also be required to disclose information relating to the subsequent contract i.e. the name of the company, goods/services provided by the company, the value and duration of the contract, etc. in compliance with the Johannesburg Stock Exchange (JSE) Debt Listing Requirements. Domestic Prominent Influential Persons (DPIP) OR Foreign Prominent Public Officials (FPPO) Transnet is free to procure the services of any person within or outside the Republic of South Africa in accordance with applicable legislation. Transnet shall not conduct or conclude business transactions, with any Respondents without having, Considered relevant governance protocols;, Determined the DPIP or FPPO status of that counterparty; and

Mandatory returnable documents: fully completed pricing schedule on the e-Tender portal, and Section 8 Certificate of Attendance of compulsory RFQ briefing. Also required: Certificate of Acquaintance with RFQ documents, Tax Compliance Status (TCS) certificate or CSD number (each party in consortium/JV must submit separate). Other returnable documents used for scoring include confirmation of lead time in weeks from date of purchase order. All returnable documents must be submitted and confirmed on the e-Tender portal by the closing date and time.

Bidders must be registered on the Central Supplier Database (CSD) and provide a valid SARS Tax Compliance Status (TCS) PIN or CSD number. Bidders must submit a valid B-BBEE verification certificate or sworn affidavit. Bidders must attend the compulsory site meeting/RFQ briefing and submit the Certificate of Attendance. Bidders must complete and submit all mandatory returnable documents (SBD1, SBD4, Certificate of Attendance, pricing schedule on e-Tender portal). Bidders must not be listed on the Register for Tender Defaulters or the List of Restricted Suppliers. Bidders must comply with the Employment Equity Act and all applicable laws. Bidders must disclose any relationship with Transnet employees or former employees, and any DPIP/FPPO relationships. Bidders must submit a signed SBD4 declaration of interest and Certificate of Independent Bid Determination (SBD9).

Bid response documents submission instructions

Transnet has implemented a new electronic tender submission system, the e-Tender Submission Portal, in line with the overall

Transnet digitalization strategy where suppliers can view advertised tenders, register their information, log their intent to

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

The Transnet e-Tender Submission Portal can be accessed as follows:

a) Log on to the Transnet eTenders management platform website/Portal using Google Chrome:

https://esupplierportal.transnet.net;

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

c) Click on “SIGN IN/REGISTER to register new bidder information and ensure that all mandatory information is

completed OR to sign in if already registered;

d) Toggle (click to switch) the “Log an Intent” button to submit a bid;

e) 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.

f) 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.

g) No late submissions will be accepted.

h) Each company must register its own profile using its company details and use the corresponding registered profile to

log an intent to bid as well as submitting any bid. Transnet will not accept a bid or will disqualify a bidder who submits

a bid in the Transnet e-tender submission through another bidders’/Company’s profile. In other words, each bidder

must register the intent to bid and submit its bid through its own profile under the same company name that will

eventually bid for the tender. No company shall submit a bid on behalf of another company regardless of the company

being a subsidiary or holding company.

i) 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.

j) A detailed bidder guide can be found on the Transnet Portal https://esupplierportal.transnet.net t

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

[Yes or No]

Section 1: sbd1 form

Section 2: notice to bidders

Section 3: evaluation methodology, criteria and returnable

I/We quote as follows for the goods/services required, on a “delivered nominated destination” basis, including VAT:

Total

Item Description of Item PRICE OF

No Unit Quantity Rate ITEM

[ZAR]

Fully completed pricing schedule to be captured on the e-tender

PORTAL https://esupplierportal.transnet.net

Description of Item

Item Unit No Quantity

1 2 each mat NO. 090879676

Kit; aircon, bt; PD-PDC-NAT-SPEC-0459

Kit; type: air conditioner, application: blue train;

Specification: PD-PDC-NAT-SPEC-0459, la; new heating,

Ventilation and airconditioning units on blue train sets

Consisting of :

1. HVAC Design & Engineering only for the Luxury coaches Qty. 1 set

2. Prototype Development , testing and Installation- Luxury Coach Qty. 1

coach

3. HVAC System Supply, Installation & Testing

3.1 Luxury Coach Qty. 1 Coach

4. Removal of existing HVAC equipment Qty. 2 Coach

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

6.1 Operators Qty. 1 each

6.2 Maintenance Qty. 1 each

Nb: bidder to submit the pricing

• Whether the Bid has been lodged on time

• Whether all Returnable Documents and/or schedules [where applicable] were Section3

completed and returned by the closing date and time – on the portal

• Verify the validity of all returnable documents – submitted on the portal Section3

• Verify if the Bid document has been duly signed by the authorised respondent Allsections

• Whether any general and legislation qualification criteria set by Transnet, have Allsections

been met

• Whether the Bid contains a priced offer – fully completed pricing schedule on E-tenderportal

the e-tender portal

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

Thetestforresponsiveness[StepOne]mustbepassedforaRespondent’sProposalto

progresstoStepTwoEvaluationandFinalWeightedScoring

1.2 STEP TWO: Minimum Threshold 85 points for Technical Criteria will apply to this RFQ.

• Commercial offer - fully completed pricing schedule on the e-tender E-tenderportal

portal

I/We_________________________________________________________________________________

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

conditions related thereto.

me/us any expenses incurred by Transnet in calling for Quotations afresh and/or having to accept any less favourable

offer.

Price Schedule

I/We quote as follows for the goods/services required, on a “delivered nominated destination” basis, including VAT:

6.1 Operators Qty. 1 each

6.2 Maintenance Qty. 1 each

Nb: bidder to submit the pricing breakdown as per annexure b

1. Compliance with the scope of work as outlined in Confirm below – Clearly Stating:

the Transnet Engineering full tender description Yes or No : ___________

and specification

2. Confirmed lead time from date of purchase order, Confirm – Clearly Stating Lead time in weeks:

stated on tender document (weeks). _________weeks

3. Confirmed if Transnet received Trade Discount State percentage: _________________

4. Confirm if Transnet received Settlement Discount State percentage: _________________

5. Confirm if transport cost included in the price to Confirm below – Clearly Stating:

Transnet Engineering Depot Mentioned Yes or No ___________

RespondentsaretonotethatTransnetwillroundofffinalpricingscorestothenearest2(two)decimalplaces.

the RFQ.

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

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

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

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

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

in the final evaluation stage if offered on an unconditional basis.

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

Section 5

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

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

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

or any related adjustment to pricing, service levels or any other provisions/conditions based on any incorrect

assumptions made by the Respondent in arriving at his Bid Price.

Tax compliance

Tax compliance requirements

Tax compliance status (tcs) pin may be made via e-filing through the SARS website

Tcs pin or csd NO

Csd number

Csd number must be provided

Csd registration full report

Central supplier database (csd), a csd

Central supplier database (csd)

qualification 90 points Selection of the Price preferred Minimum Threshold Price Award negotiation bidder. (80) of if applicable.

• Whether any general and legislation qualification criteria set by Transnet, have Allsections
• Whether the Bid contains a priced offer – fully completed pricing schedule on E-tenderportal

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance

1. Tax compliance requirements

1.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

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

1.7 Respondents are required to self-register on national treasury’s central supplier database (csd)

Local registered entity need not register on the csd. The csd can be accessed at

HTTPS://SECURE.CSD.GOV.ZA/.iu

B-BBEE Minimum Level: 1

B-BBEE Details: B-BBEE Level of contributor – Level 1 or Level 2 – 5 points

30% Black women owned Entities – 5 points

EME’s or QSE’s 51% Black Owned- 5 points

Entities Owned by People with disability – 5 points

Non-Compliant and/or B-BBEE Level 3-8 contributors – 0 points

Total points for Price and Specific Goals must not 100

exceed

1.6 Failure on the part of a bidder to submit proof of specific goals together with the bid will be interpreted to

mean that preference points for B-BBEE status level of contribution are not claimed.

1.7 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time

subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. Definitions

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Specific goals preference points: B-BBEE Level of contributor – Level 1 or Level 2 – 5 points; 30% Black women owned Entities – 5 points; EME's or QSE's 51% Black Owned – 5 points; Entities Owned by People with disability – 5 points; Non-Compliant and/or B-BBEE Level 3-8 contributors – 0 points. Proof required: B-BBEE certificate, sworn affidavit, or CIPC certificate as applicable. The 80/20 preference point system applies.

8.1 Respondents are hereby advised that Transnet is not committed to any course of action as a result of

its issuance of this RFQ and/or its receipt of a Quotation in response to it. Please note that Transnet

reserves the right to:

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

articulated in the conditions or objective criteria to this RFQ;

• cancel the quotation process;

• validate any information submitted by Respondents in response to this bid. This would include, but

is not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid,

Respondents hereby irrevocably grant the necessary consent to Transnet to do so;

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

exercise;

• not accept any changes or purported changes by the Respondent to the bid rates after the closing

date and/or after the award of the business, unless the contract specifically provides for it;

• to cancel the contract and/request that National Treasury place the Respondent on its Database of

Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded

on the strength of incorrect information furnished by the Respondent or on any other basis

recognised in law;

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

required Goods/Services at the quoted price, should the preferred bidder fail to sign or commence

with the contract within a reasonable period after being requested to do so. Under such

circumstances, the validity of the bids of the next ranked bidder(s) will be deemed to remain valid,

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

▪ Considered relevant governance protocols;

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

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

relationship.

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

(FPPO) and Related Individuals Policy available on Transnet website

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

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

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

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

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

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

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

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

8.1 Name of company/firm:........................................................................................

8.2 VAT registration number:.....................................................................................

8.3 Company registration number:..............................................................................

8.4 Type of company/ firm

 Partnership/Joint Venture / Consortium

 One person business/sole propriety

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

 Close corporation

 Company

 (Pty) Limited

[Tick applicable box]

8.5 Describe principal business activities

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

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

8.6 Company classification

 Manufacturer

 Supplier

 Professional service provider

 Other service providers, e.g. transporter, etc.

[Tickapplicablebox]

8.7 Total number of years the company/firm has been in business:.................................

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the

points claimed, based on the B-BBEE status level of contribution of the foregoing certificate, qualifies the

company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph

1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 4.1 and

6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser

that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of

the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy

it may have-

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having

to make less favourable arrangements due to such cancellation;

(d) if the successful bidder subcontracted a portion of the bid to another person without

disclosing it, Transnet reserves the right to penalise the bidder up to 10 percent of

the value of the contract;

(e) recommend that the bidder or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted by the

to, risk assessment, assurances, 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.

Section 4: quotation form

Section 5: RFQ declaration, certificate of acquaintance & breach of

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

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

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

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

for damages against the Respondent.

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

Section 4

We further hereby certify that I/wehave/havenotbeen[delete as applicable] found guilty during the preceding

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

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

disclose excludes relatively minor offences or misdemeanours, e.g. traffic offences. This includes the imposition of

an administrative fine or penalty.

Date of breach: _____________________________

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

regulatory obligation.

SIGNED at ___________________________ on this _____ day of ______________________ 20___

Respondent’s Signature Date & Company Stamp

Transnet Request for Quotation No. TE/2026/09/3873/11650/RFQ of 30

Returnable Document

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

fund contributions and skills development levies;

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

Black Economic Empowerment Act;

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

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

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

Empowerment Act;

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

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

competitive bidding processes or proposals;

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

Empowerment Act, 2003 (Act No. );

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

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

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

specification as set out in the bid documents;

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

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

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

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

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

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

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

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

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

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

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

12. 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.

Evaluation follows a three-step process: Step 1 tests administrative and substantive responsiveness (on-time submission, all returnable documents completed and submitted). Step 2 applies technical/functional criteria with a threshold; specific criteria and weightings are stipulated in the tender document. Step 3 evaluates price: prices in South African Rand inclusive of VAT, lowest acceptable bid receives highest preference points, final price scores rounded to two decimal places. If the highest-scoring bidder cannot agree on a market-related price, Transnet may negotiate with the next highest, and if no agreement, the RFQ may be cancelled.

The contract covers the supply/provision of goods/services to Transnet SOC Ltd. The specific nature of the goods or services is not detailed in the available text.

{"name":null,"email":null,"phone":null,"department":null,"address":"snet SOC"}

Submission must be made in accordance with the RFQ instructions. The closing date and time are not stated in the available text. The submission address is not specified. Bids must include all required returnable documents, completed and signed. Failure to submit all required documents may result in disqualification.

Evaluation will consider compliance with the terms and conditions, including B-BBEE status and local production and content. The supplier must not subcontract more than 25% of the contract value to a lower B-BBEE enterprise unless it is an EME. Subcontracting must not reduce local production and content below the stipulated minimum threshold. The supplier must not be on the Register of Tender Defaulters or List of Restricted Suppliers.

Appointment of a supplier/service provider for the

Supply/provision of

For a period of

Contract number tba

Duration tba

Commencement date tba

Expiry date tba

Standard Terms and Conditions for the supply/provision of Goods

Transnet’s opinion, supply appropriate replacement Goods/Services at the

Supplier/Service Provider’s expense within the specified delivery times, without any

liability due by Transnet. Goods shall be subject to such testing and/or inspection as

Payment Terms: payment

terms being 30 [thirty] days from date of receipt by Transnet of a month-end statement,

unless otherwise agreed to in writing. Transnet shall arrange for payment of such Tax

Invoices and any pre-authorised additional expenses incurred, provided that the

authorised expenses are supported by acceptable documentary proof of expenditure

incurred [wh

No specific requirements found

B-BBEE Details: 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.

17.3 The Supplier/Service Provider may not subcontract in such a manner that the local

production and content of the overall value of the contract is reduced to below the

stipulated minimum threshold.

17.4 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, unless the contract is subcontracted to an

Exempted Micro Enterprise (EME) that has the capability and ability to execute the

subcontract.

18 payment to sub-contractors

18.1 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.

18.2 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 alo

a) The following terms shall bear the same meaning as contemplated in Section 1 of the

Protection of Personal Information Act (“POPIA”):

consent; person; personal information; processing; record; Regulator as well as any terms

derived from these terms of the POPIA

b) Transnet will process all information by the Respondent in terms of the requirements

contemplated in Section 4(1) of the POPIA:

Accountability; Processing limitation; Purpose specification; Further processing limitation;

Information quality; Openness; Security safeguards and Data subject participation.

c) Transnet agrees that in submitting any information or documentation requested in the RFP

and in this Agreement, the Supplier/Service Provider consents to the processing of their

personal information for the purpose of, but not limited to, risk assessment, contract award,

contract management, auditing, legal opinions/litigation, investigations (if applicable),

document storage for the legislatively required period, destruction, de-identification and

publishing of personal information by Transnet and/or its authorised appointed third parties.

d) The Parties agree that they may obtain and have access to personal information for the

fulfilment of the rights and obligations contained herein. In performing the obligations as set

out in this Agreement, the Parties shall at all times ensure that:

i. they process personal information only for the express purpose for which it was

obtained;

ii. once processed for the purposes for which it was obtained, all personal information will

be destroyed to an extent that it cannot be reconstructed to its original form, subject to

any legal retention requirements;

iii. Personal information is provided only to authorised personnel who strictly require the

personal information to carry out the Parties’ respective obligations under this

Agreement;

iv. they do not disclose personal information of the other Party, other than in terms of this

Agreement;

Standard Terms and Conditions for the supply/provision of Goods/Services to Transnet SOC Ltd of 14

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

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.

Standard Terms and Conditions of Contract between Transnet SOC Ltd and the Supplier/Service Provider, covering sole agreement, conformity with order, delivery and title, price and payment, non-compliance penalties for subcontracting, proprietary rights liability, proprietary information, protection of personal information, publicity, development work, after sales service, non-conformance of goods/services, termination of order, access, warranty, insolvency, subcontracting, payment to sub-contractors, cessions and assignments, supplier integrity pact, database of restricted suppliers, notices, law, general, and counterparts.

Evaluation will consider compliance with the terms and conditions, including B-BBEE status and local production and content. The supplier must not be on the Register of Tender Defaulters or List of Restricted Suppliers.

The tender covers the supply of goods and/or services as detailed in the RFX document. Bids must be prepared strictly in accordance with the drawings and specifications supplied by Transnet. Any deviations must be clearly stated in a covering letter. Foreign specifications must be accompanied by translated copies. Prices must be quoted in ZAR, inclusive of VAT where applicable, and in line with the price schedule basis (local vs imported supplies).

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

Respondents may be required to attend a site visit or briefing session where necessary to view the site or receive further information. If indicated as compulsory in the RFX document, failure to attend will result in disqualification.

{"name":null,"email":null,"phone":null,"department":null,"address":"indicated in the Bid"}

Returnable Documents: All returnable documents listed in the RFX Documents must be submitted with Respondent’s Bid. Failure to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit other schedules / documents may result in disqualification. of 11 Transnet General Bid Conditions 12 DEFAULTS BY RESPONDENTS If the Respondent, after it has been notified of the acceptance of its Bid fails to: 12.1 enter into a formal contract when called upon to do so within such period as Transnet may specify; or 12.2 accept an order in terms of the Bid; 12.3 furnish satisfactory security when called upon to do so for the fulfilment of the contract; or 12.4 comply with any condition imposed by Transnet, Transnet may, in any such case, without prejudice to any other legal remedy which it may have, proceed to accept any other Bid or, if it is necessary to do so, call for Bids afresh, and may recover from the defaulting Respondent any additional expense incurred by Transnet in calling for new offers or in accepting a less favourable offer. 13 CURRENCY All monetary amounts referred to in a Bid response must be in Rand, the currency of the Republic of South Africa [ZAR], save to the extent specifically permitted in the RFP. 14 PRICES SUBJECT TO CONFIRMATION 14.1 Prices which are quoted subject to confirmation will not be considered. 15 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES All alterations made by the Respondent to its Bid price(s) prior to the submission of its Bid Documents must be done by deleting the incorrect figures and words where required and by inserting the correct figures and words against the items concerned. All such alterations must be initialled by the person who signs the Bid Documents. Failure to observe this requirement may result in the particular item(s) concerned being excluded in the matter of the award of the business. 16 EXCHANGE AND REMITTANCE 16.1 The Respondent should note that where the whole or a portion of the contract or order value is to be remitted overseas, Transnet shall, if requested to do so by the Supplier/Service Provider, effect payment overseas directly to the foreign principal or manufacturer of such percentage of the contract or order value as may be stipulated by the Respondent in its Bid Documents. 16.2 It is Transnet’s preference to enter into Rand-based agreements. Transnet would request, therefore, that the Respondent give favourable consideration to obtaining forward exchange cover on the foreign currency portion of the Agreement at a cost that is acceptable to Transnet to protect itself against any currency rate fluctuation risks for the duration of any resulting contract or order. 16.3 The Respondent who desires to avail itself of the aforementioned facility must at the time of bidding furnish the information called for in the Exchange and Remittance section of the Bid Documents and also furnish full details of the principals or manufacturer to whom payment is to be made. 16.4 The South African Reserve Bank’s approval is required before any foreign currency payments can be made to or on behalf of Respondents. 16.5 Transnet will not recognise any claim for adjustment of the order and/or contract price if the increase in price arises after the date on which the Goods/Services were to be delivered, as set out in the order and/or contract, or any subsequent agreement between the parties. 16.6 Transnet reserves the right to request a pro-forma invoice/tax invoice in order to ensure compliance with the contract and Value-Added Tax Act no. [VAT Act]. of 11 Transnet General Bid Conditions 17 ACCEPTANCE OF BID 17.1 Upon the acceptance of a Bid by Transnet, the parties shall be bound by these General Bid Conditions and any contractual terms and/or any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 17.2 Where the Respondent has been informed by Transnet of the acceptance of its Bid, an email communication that has been successfully sent to the Respondent shall be regarded as proof of delivery to the Respondent 1 day after the date of submission. 18 NOTICE TO UNSUCCESSFUL RESPONDENTS 18.1 Unsuccessful Respondents shall be advised in writing that their Bids have not been accepted as soon as possible after the closing date of the Bid. On award of business to the successful Respondent all unsuccessful Respondents must be informed of the name of the successful Respondent and of the reason as to why their Bids had been unsuccessful. 19 TERMS AND CONDITIONS OF CONTRACT 19.1 The Supplier/Service Provider shall adhere to the Terms and Conditions of Contract issued with the Bid Documents, together with any schedule of “Special Conditions” or otherwise which form part of the Bid Documents. 19.2 Should the Respondent find any conditions unacceptable, it should indicate which conditions are unacceptable and offer amendments/ alternatives by written submission on a company letterhead. Any such submission shall be subject to review by Transnet’s Legal Counsel who shall determine whether the proposed amendments /alternative(s) are acceptable or otherwise, as the case may be. Respondents will be afforded an opportunity to withdraw an unacceptable deviation, failing which the respondent will be disqualified. 20 CONTRACT DOCUMENTS 20.1 The contract documents will comprise these General Bid Conditions, the Terms and Conditions of Contract and any schedule of “Special Conditions” which form part of the Bid Documents. 20.2 The abovementioned documents together with the Respondent’s Bid response will constitute the contract between the parties upon receipt by the Respondent of Transnet’s letter of acceptance, subject to all additional amendments and/or special conditions thereto as agreed to by the parties. 20.3 Should Transnet inform the Respondent that a formal contract will be signed, the abovementioned documents together with the Respondent’s Bid response [and, if any, its covering letter and any subsequent exchange of correspondence] as well as Transnet’s Letter of Acceptance, shall constitute a binding contract until the final contract is signed. 21 LAW GOVERNING CONTRACT The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The domiciliumcitandietexecutandi shall be a place in the Republic of South Africa to be specified by the Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. A foreign Respondent shall, therefore, state in its Bid the name of its authorised representative in the Republic of South Africa who is empowered to sign any contract which may be entered into in the event of its Bid being accepted and to act on its behalf in all matters relating to the contract. of 11 Transnet General Bid Conditions 22 IDENTIFICATION If the Respondent is a company, the full names of the directors shall be stated in the Bid. If the Respondent is a close corporation, the full names of the members shall be stated in the Bid. If the Respondent is a partnership or an individual trading under a trade name, the full names of the partners or of such individual, as the case may be, shall be furnished. 23 RESPONDENT'S SAMPLES 23.1 If samples are required from Respondents, such samples shall be suitably marked with the Respondent's name and address, the Bid number and the Bid item number and must be despatched in time to reach the addressee as stipulated in the Bid Documents on or before the closing date of the Bid. Failure to submit samples by the due date may result in the rejection of a Bid. 23.2 Transnet reserves the right to retain samples furnished by Respondents in compliance with Bid conditions. 23.3 Payment will not be made for a successful Respondent’s samples that may be retained by Transnet for the purpose of checking the quality and workmanship of Goods/Services delivered in execution of a contract. 23.4 If Transnet does not wish to retain unsuccessful Respondents’ samples and the Respondents require their return, such samples may be collected by the Respondents at their own risk and cost. 24 SECURITIES 24.1 The successful Respondent, when called upon to do so, shall provide security to the satisfaction of Transnet for the due fulfilment of a contract or order. Such security shall be in the form of a Deed of Suretyship [Deed of Suretyship] furnished by an approved bank, building society, insurance or guarantee corporation carrying on business in South Africa. 24.2 The security may be applied in whole or part at the discretion of Transnet to make good any loss or damage which Transnet may incur in consequence of a breach of the contract or any part thereof. 24.3 Such security, if required, shall be an amount which will be stipulated in the Bid Documents. 24.4 For the purpose of clause 24.124.1 above, Transnet will supply a Deed of Suretyship form to the successful Respondent for completion and no guarantee in any other form will be accepted. A copy of such form will be supplied to Respondents on request. For this purpose a Deed of Suretyship form will be provided which shall be completed and returned to Transnet or a designated official by the successful Respondent within 30 [thirty] calendar days from the date of the letter of acceptance. No payment will be made until the form, duly completed, is delivered to Transnet. Failure to return the Deed of Suretyship within the prescribed time shall, save where prior extension has been granted, entitle Transnet without notice to the Supplier/Service Provider to cancel the contract with immediate effect. 24.5 Additional costs incurred by Transnet necessitated by reason of default on the part of the Supplier/Service Provider in relation to the conditions of this clause 24 will be for the account of the Supplier/Service Provider. 25 PRICE AND DELIVERY BASIS FOR GOODS 25.1 Unless otherwise specified in the Bid Documents, the prices quoted for Goods must be on a Delivered Duty Paid [latest ICC Incoterms] price basis in accordance with the terms and at the delivery point or points specified in Transnet's Bid Documents. Bids for supply on any other basis of delivery are liable to disqualification. The lead time for delivery stated by the Respondent must be inclusive of all non-working of 11 Transnet General Bid Conditions days or holidays, and of periods occupied in stocktaking or in effecting repairs to or overhauling plant, which would ordinarily occur within the delivery period given by the Respondent. 25.2 Respondents must furnish their Bid prices in the Price Schedule of the Bid Documents on the following basis, Local Supplies - Prices for Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held in South Africa, to be quoted on a Delivered RSA named destination basis., Imported Supplies - Prices for Goods to be imported from all sources to be quoted on a Delivered Duty Paid [latest ICC Incoterms] basis, to end destination in South Africa, unless otherwise specified in the Bid Price Schedule. 26 EXPORT LICENCE The award of a Bid for Goods to be imported may be subject to the issue of an export licence in the country of origin or supply. If required, the Supplier/Service Provider’s manufacturer or forwarding agent shall be required to apply for such licence. 27 QUALITY OF MATERIAL Unless otherwise stipulated, the Goods offered shall be NEW i.e. in unused condition, neither second-hand nor reconditioned. 28 DELETION OF ITEMS EXCLUDED FROM BID The Respondent must delete items for which it has not tendered or for which the price has been included elsewhere in its Bid. 29 VALUE-ADDED TAX 29.1 In respect of local supplies, i.e. Goods to be manufactured, produced or assembled in the Republic of South Africa, or imported supplies held or already in transit to South Africa, the prices quoted by the Respondent are to be inclusive of VAT which must be shown separately at the standard rate on the Tax Invoice. 29.2 In respect of foreign Services rendered, the invoicing by a South African Service Provider on behalf of its foreign principal rendering such Service represents a Service rendered by the principal; and, the Service Provider’s Tax Invoice(s) for the local portion only [i.e. the "commission" for the Services rendered locally] must show the VAT separately. 30 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT 30.1 Method of Payment, The attention of the Respondent is directed to the Terms and Conditions of Contract which set out the conditions of payment on which Bid price(s) shall be based., However, in addition to the aforegoing the Respondent is invited to submit offers based on alternative methods of payment and/or financing proposals., The Respondent is required to give full particulars of the terms that will be applicable to its alternative offer(s) and the financial merits thereof will be evaluated and taken into consideration when the Bid is adjudicated. of 11 Transnet General Bid Conditions, The Respondent must, therefore, in the first instance, tender strictly in accordance with clause 30.1 (a) above. Failure to comply with clause 30.1 (a) above may preclude a Bid from further consideration. NOTE: The successful Respondent [the Supplier/Service Provider] shall, where applicable, be required to furnish a guarantee covering any advance payments. 30.2 Conditional Discount Respondents offering prices which are subject to a conditional discount applicable for payment within a specific period are to note that the conditional period will be calculated as from the date of receipt by Transnet of the Supplier/Service Provider’s month-end statement reflecting the relevant Tax Invoice(s) for payment purposes, provided the conditions of the order or contract have been fulfilled and the Tax Invoice is correct in all respects as referred to in the contract or order. Incomplete and/or incorrect Tax Invoices shall be returned and the conditional period will be recalculated from the date of receipt of the correct documentation. 31 CONTRACT QUANTITIES AND DELIVERY REQUIREMENTS 31.1 Contract Quantities, It must be clearly understood that although Transnet does not bind itself to purchase a definitive quantity under any contract which may be entered into pursuant to this Bid, the successful Respondent nevertheless undertakes to supply against the contract such quantities as may be ordered against the contract, which orders are posted or delivered by hand or transmitted electronically on or before the expiry date of such contract., It is furthermore a condition that Transnet will not accept liability for any material/stocks specially ordered or carried by the Respondent with a view to meeting the requirements under any such contract., The estimated planned quantities likely to be ordered by Transnet per annum are furnished in relevant section of the Bid Documents. For avoidance of doubt the estimated quantities are estimates and Transnet reserves the right to order only those quantities sufficient for its operational requirements. 31.2 Delivery Period, Period Contracts and Fixed Quantity Requirements It will be a condition of any resulting contract/order that the delivery period embodied therein will be governed by the provisions of the Terms and Conditions of Contract., Progress Reports The Supplier/Service Provider may be required to submit periodical progress reports with regard to the delivery of the Goods/Services., Emergency Demands as and when required If, due to unforeseen circumstances, supplies of the Goods/Services covered by the Bid are required at short notice for immediate delivery, the Supplier/Service Provider will be given first right of refusal for such business. If it is unable to meet the desired critical delivery period, Transnet reserves the right to purchase such supplies as may be required to meet the emergency outside the contract if immediate delivery can be offered from any other source. The TotalorPartialFailuretoPerformthe of 11 Transnet General Bid Conditions Scope of Supply section in the Terms and Conditions of Contract will not be applicable in these circumstances. 32 PLANS, DRAWINGS, DIAGRAMS, SPECIFICATIONS AND DOCUMENTS 32.1 Copyright Copyright in plans, drawings, diagrams, specifications and documents compiled by the Supplier/Service Provider for the purpose of contract work shall be governed by the Intellectual Property Rights section in the Terms and Conditions of Contract. 32.2 Drawings and specifications In addition to what may be stated in any Bid Document, the Respondent should note that, unless notified to the contrary by Transnet or a designated official by means of an official amendment to the Bid Documents, it is required to tender for Goods/Services strictly in accordance with the drawings and/or specifications supplied by Transnet, notwithstanding that it may be aware that alterations or amendments to such drawings or specifications are contemplated by Transnet. 32.3 Respondent’s drawings Drawings required to be submitted by the Respondent must be furnished before the closing time and date of the Bid. The non-receipt of such drawings by the appointed time may disqualify the Bid. 32.4 Foreign specifications The Respondent quoting for Goods/Services in accordance with foreign specifications, other than British and American standards, is to submit translated copies of such specifications with the Bid. In the event of any departures or variations between the foreign specification(s) quoted in the Bid Documents, full details regarding such departures or variations must be furnished by the Respondent in a covering letter attached to the Bid. Non-compliance with this condition may result in disqualification. 33 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS 33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South African representative or agent to the designated official of Transnet according to whichever officer is specified in the Bid Documents. 33.2 In the case of a representative or agent, written proof must be submitted to the effect that such representative or agent has been duly authorised to act in that capacity by the principal. Failure to submit such authorisation by the representative or agent shall disqualify the Bid. 33.3 When legally authorised to prepare and submit Bids on behalf of their principals not domiciled in the Republic of South Africa, representatives or agents must compile the Bids in the names of such principals and sign them on behalf of the latter. 33.4 South African representatives or agents of a successful foreign Respondent must when so required enter into a formal contract in the name of their principals and must sign such contract on behalf of the latter. In every such case a legal Power of Attorney from their principals must be furnished to Transnet by the South African representative or agents authorising them to enter into and sign such contract., Such Power of Attorney must comply with Rule 63 (Authentication of documents executed outside the Republic for use within the Republic) of the Uniform Rules of Court: Rules regulating the conduct of the proceedings of the several provincial and local divisions of the Supreme Court of South Africa., The Power of Attorney must be signed by the principal under the same title as used in the Bid Documents. of 11 Transnet General Bid Conditions, If a Power of Attorney held by the South African representative or agent includes matters of a general nature besides provision for the entering into and signing of a contract with Transnet, a certified copy thereof should be furnished., The Power of Attorney must authorise the South African representative or agent to choose the domiciliumcitandietexecutandi. 33.5 If payment is to be made in South Africa, the foreign Supplier/Service Provider [i.e. the principal, or its South African agent or representative], must notify Transnet in writing whether, for payment by electronic funds transfer [EFT], funds are to be transferred to the credit of the foreign Supplier/Service Provider's account at a bank in South Africa, in which case the name and branch of such bank shall be furnished; or, funds are to be transferred to the credit of its South African agent or representative, in which case the name and branch of such bank shall be furnished. 33.6 The attention of the Respondent is directed to clause 24 above [Securities] regarding the provision of security for the fulfilment of contracts and orders and the manner and form in which such security is to be furnished. 34 DATABASE OF RESTRICTED SUPPLIERS The process of restriction is used to exclude a company/person from conducting future business with Transnet and other organs of state for a specified period. No Bid shall be awarded to a Bidder whose name (or any of its members, directors, partners or trustees) appear on the Register of Tender Defaulters kept by National Treasury, or who have been placed on National Treasury’s List of Restricted Suppliers. Transnet reserves the right to withdraw an award, or cancel a contract concluded with a Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 35 CONFLICT WITH ISSUED RFX DOCUMENT 35.1 Should a conflict arise between these General Bid Conditions and the issued RFX document, the conditions stated in the RFX document shall prevail. oooOOOooo of 11

All returnable documents listed in the RFX document must be submitted with the bid. Failure to submit mandatory returnable schedules/documents will result in disqualification; failure to submit other schedules/documents may also result in disqualification.

No eligibility criteria specified

Respondents must tender strictly in accordance with the drawings and/or specifications supplied by Transnet, unless officially amended. Drawings required from the respondent must be submitted before the closing time and date. Foreign specifications must be accompanied by translated copies, and any departures or variations must be detailed in a covering letter.

Prices must be quoted in Rand (ZAR) unless otherwise permitted. Prices subject to confirmation will not be considered. Alterations to bid prices must be made by deleting and inserting correct figures, initialled by the signatory. For goods, prices must be on a Delivered Duty Paid (latest ICC Incoterms) basis to the specified delivery point. Local supplies quoted on Delivered RSA named destination basis; imported supplies on Delivered Duty Paid basis. VAT must be shown separately on tax invoices. Alternative payment methods and financing proposals may be offered, but the bid must first comply with the standard payment terms. Conditional discounts are calculated from receipt of correct month-end statement and tax invoice.

Bids must be submitted on official forms only; non-compliance may lead to rejection. Original bid forms must be completed. Bids must remain valid for the period stated in the bid documents; respondents may be asked to extend validity. Site visits or briefing sessions, if indicated as compulsory, must be attended; failure results in disqualification. After closing, communication is restricted to the designated chairperson. Goods must be new and unused. Prices must be quoted in ZAR, inclusive of VAT where applicable. Conditional discounts are calculated from receipt of correct month-end statement and tax invoice. Power of Attorney must comply with Rule 63 and be signed by the principal. Samples, if required, must be submitted by closing date and may be retained by Transnet.

The contract documents comprise the General Bid Conditions, Terms and Conditions of Contract, and any Special Conditions. The bid response and letter of acceptance form the binding contract. The law of South Africa governs the contract, with the respondent submitting to South African jurisdiction and specifying a domicilium citandi et executandi. Foreign respondents must name an authorised representative in South Africa. The successful respondent must provide security via a Deed of Suretyship from an approved institution within 30 days of acceptance; failure may lead to contract cancellation. Transnet may recover additional costs from defaulting respondents. Unauthorised communication about bids may lead to disqualification.

Bids must be submitted by the closing date and time; late bids will not be considered. Bids must be completed in full, legibly, in non-erasable ink, and delivered in a sealed envelope with the bid number and subject marked on the front and return address on the reverse. Official bid forms must be used; additional information may be submitted on company letterhead if cross-referenced. A non-refundable bid fee may be charged, but documents are also available free on the eTender portal. Bids must remain valid for the specified validity period; extensions may be requested without allowing changes unless directly caused by the extension. Respondents must delete items not tendered for. Samples, if required, must be submitted by the closing date and may be retained by Transnet. Foreign respondents must provide proof of authorisation for agents, and a Power of Attorney complying with Rule 63 of the Uniform Rules of Court. Bids from restricted suppliers on National Treasury's Register of Tender Defaulters or List of Restricted Suppliers will not be awarded. In case of conflict, the RFX document prevails.

Clarification queries before the closing date must be directed to the contact person listed in the RFX document, in the stipulated manner. After the closing date, communication is restricted to the Chairperson of the Bid Preparation and Evaluation Committee, except as permitted by the Secretary.

{"name":null,"email":null,"phone":null,"department":"ed Nations Global Compact","address":"luding information"}

Bidders must sign and comply with the Integrity Pact. Bidders must not be on the National Treasury's Register of Tender Defaulters or List of Restricted Suppliers. Bidders must disclose any previous transgressions (corruption, fraud, theft, extortion, Competition Act contraventions) in the last 5 years. Bidders must declare any conflict of interest in the RFX Declaration Form. Bidders must not have litigated against Transnet in bad faith. Bidders must not have withdrawn a bid in bad faith, failed to sign a contract, or performed unsatisfactorily on a prior contract.

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

4.1 For the purposes of this undertaking in relation to any submitted Bid, the Bidder declares to fully understand

that the word “competitor” shall include any individual or organisation, other than the Bidder, whether or

not affiliated with the Bidder, who:

a) has been requested to submit a Bid in response to this Bid invitation;

b) could potentially submit a Bid in response to this Bid invitation, based on their qualifications, abilities

or experience; and

c) provides the same Goods and Services as the Bidder and/or is in the same line of business as the

Bidders must certify in the RFX Declaration Form that they have read and agree with the content of the tender document. Bidders must sign the Transnet Supplier Integrity Pact (Annexure 3), which includes provisions on conflict of interest, confidentiality, and dispute resolution. Bidders must disclose any conflict of interest in the RFX declaration form or notify Transnet immediately in writing. Bidders must not subcontract any portion of the bid without declaring it to Transnet; failure to do so may result in a penalty of up to 10% of the contract value. Transnet may require a copy of the bidder's code of conduct, which must address compliance and reject bribery and unethical conduct.

(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.

6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and

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3.8 Transnet may require the Bidder / Supplier to furnish Transnet with a copy of its code of conduct. Such code

of conduct must address the compliance programme for the implementation of the code of conduct and

reject the use of bribes and other dishonest and unethical conduct.

3.9 The Bidder / Supplier will not instigate third persons to commit offences outlined above or be an accessory

to such offences.

3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Nations Global Compact

(UNGC) in the fields of Human Rights, Labour, Anti-Corruption and the Environment when undertaking

business with Transnet as follows:

a) Human Rights

• Principle 1: Businesses should support and respect the protection of internationally proclaimed

human rights; and

• Principle 2: make sure that they are not complicit in human rights abuses.

b) Labour

• Principle 3: Businesses should uphold the freedom of association and the effective recognition of

the right to collective bargaining;

• Principle 4: the elimination of all forms of forced and compulsory labour;

• Principle 5: the effective abolition of child labour; and

• Principle 6: the elimination of discrimination in respect of employment and occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to environmental challenges;

• Principle 8: undertake initiatives to promote greater environmental responsibility; and

• Principle 9: encourage the development and diffusion of environmentally friendly technologies.

d) Anti-Corruption

• Principle 10: Businesses should work against corruption in all its forms, including extortion and

bribery.

10.1 Transnet recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

When a dispute arises between Transnet and its Bidder / Supplier, the parties should use their best

endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith negates

the principles of trust and good faith on which commercial relationships are based. Accordingly, following

a restriction process as mentioned in paragraph 6 above, Transnet will not do business with a company that

litigates against it in bad faith or is involved in any action that reflects bad faith on its part. Litigation in bad

faith includes, but is not limited to the following instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without proper

grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Transnet employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

11 general

11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the Republic of South

Africa.

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow

in accordance with the provisions of the law relating to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the bidding processes and will be valid for an indefinite

period unless cancelled by either Party.

11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder of this Integrity

Pact remains valid.

11.5 Should a Bidder / Supplier be confronted with dishonest, fraudulent or corruptive behaviour of one or more

Transnet employees, Transnet expects its Bidders / Suppliers to report this behaviour directly to a senior

Transnet official / employee or alternatively by using Transnet’s “Tip-Off Anonymous” hotline number 0800

003 056, whereby your confidentiality is guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of this Integrity Pact and shall

abide by it. To the best of the Parties’ knowledge and belief, the information provided in this Integrity Pact is true

and correct.

oooOOOooo

Private & Confidential

Transnet may reject the Bidder’s / Supplier’s application from the registration or bidding process and remove

the Bidder / Supplier from its database, if already registered.

5.2 If the Bidder / Supplier has committed a transgression through a violation of paragraph 3, or any material

violation, such as to put its reliability or credibility into question, Transnet may after following due procedures

and at its own discretion also exclude the Bidder / Supplier from future bidding processes. The imposition

and duration of the exclusion will be determined by the severity of the transgression. The severity will be

determined by the circumstances of the case, which will include amongst others the number of

transgressions, the position of the transgressors within the company hierarchy of the Bidder / Supplier and

the amount of the damage. The exclusion will be imposed for up to a maximum of 10 (ten) years. However,

6.4 The decision to restrict is based on one of the grounds for restriction. The standard of proof to commence

the restriction process is whether a “primafacie” (i.e. on the face of it) case has been established.

6.5 Depending on the seriousness of the misconduct and the strategic importance of the Goods/Services, in

addition to restricting a company/person from future business, Transnet may decide to terminate some or

all existing contracts with the company/person as well.

6.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

6.7 Grounds for restriction include: If any person/Enterprise which has submitted a Bid, concluded a contract,

or, in the capacity of agent or subcontractor, has been associated with such Bid or contract:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt of Bids;

b) has, after being notified of the acceptance of his Bid, failed or refused to sign a contract when called

upon to do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has breached any

condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or any Government

Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to the Local

7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a serious breach of any

law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the Competition

Act , which occurred in the last 5 (five) years with any other public sector undertaking,

government department or private sector company that could justify its exclusion from its registration on

the Bidder’s / Supplier’s database or any bidding process.

7.2 If it is found to be that the Bidder / Supplier made an incorrect statement on this subject, the Bidder /

already registered, for such reason (refer to the Breach of Law Form contained in the applicable RFX

document.)

8.1 Transnet shall also take all or any one of the following actions, wherever required to:

a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract

negotiations without giving any compensation to the Bidder / Supplier. However, the proceedings with

the other Bidders / Suppliers may continue;

b) Immediately cancel the contract, if already awarded or signed, without giving any compensation to

the Bidder / Supplier;

c) Recover all sums already paid by Transnet;

d) Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the

Bidder / Supplier, in order to recover the payments, already made by Transnet, along with interest;

e) Cancel all or any other contracts with the Bidder / Supplier;

f) Exclude the Bidder / Supplier from entering into any bid with Transnet and other organs of state in

future for a specified period; and

g) If the Supplier subcontracted a portion of the bid to another person without declaring it to Transnet,

Transnet must penalise the Supplier up to 10% of the value of the contract.

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10 dispute resolution

10.1 Transnet recognises that trust and good faith are pivotal to its relationship with its Bidders / Suppliers.

endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith negates

the principles of trust and good faith on which commercial relationships are based. Accordingly, following

a restriction process as mentioned in paragraph 6 above, Transnet will not do business with a company that

litigates against it in bad faith or is involved in any action that reflects bad faith on its part. Litigation in bad

faith includes, but is not limited to the following instances:

a) Vexatious proceedings: these are frivolous proceedings which have been instituted without proper

grounds;

b) Perjury: where a supplier make a false statement either in giving evidence or on an affidavit;

c) Scurrilous allegations: where a supplier makes allegations regarding a senior Transnet employee

which are without proper foundation, scandalous, abusive or defamatory; and

d) Abuse of court process: when a supplier abuses the court process in order to gain a competitive

advantage during a bid process.

Transnet official / employee or alternatively by using Transnet’s “Tip-Off Anonymous” hotline number 0800

003 056, whereby your confidentiality is guaranteed.

The Integrity Pact is a mandatory agreement between Transnet and bidders/suppliers, incorporated into the final contract. It requires bidders to certify in the RFX Declaration Form that they have read and agree with its content. The pact prohibits bribery, corruption, fraud, anti-competitive practices, and misrepresentation. Bidders must disclose conflicts of interest, adhere to the UN Global Compact principles, and comply with independent bidding requirements. Transnet may restrict or exclude bidders for violations, including false statements on local content or B-BBEE status, and may terminate contracts or penalize suppliers up to 10% of contract value for undeclared subcontracting. The pact is governed by South African law and remains valid indefinitely.

in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process

afford an undue advantage to a particular bidder during the tendering stage, and will further treat all Bidders

which will affect the evaluation of a Bid or where a Bidder has failed to declare any subcontracting

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the Goods

Returnable documents: the pricing schedule (Annexure B) must be completed, signed and submitted. The signature of the bidder and date are required on the pricing schedule. No other returnable forms are identified in the available text.

No evaluation criteria are specified in the available text.

The scope is the supply, installation and delivery of an air conditioner kit for the Blue Train, per specification PD-PDC-NAT-SPEC-0459, for new heating, ventilation and air-conditioning units on the Blue Train (MAT No. 090879676), for Transnet Engineering, Coach Business, Koedoespoort. The requirement is for a once-off period.

No financial requirements are specified in the available text.

No compliance requirements are specified in the available text.

The tender is for the supply, installation, and delivery of a kit. No further scope details are provided in the available document.

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Bidders must complete and submit the Transnet Non-Disclosure Agreement, which imposes confidentiality obligations lasting 5 years after any discussions or negotiations. The agreement requires bidders to keep Confidential Information secret, use it only for the bid or subsequent contract performance, and return or destroy all Confidential Information within 7 days of a written demand from Transnet. Bidders must also comply with South African privacy law and may not disclose the bid's existence without Transnet's consent.

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

requirements of clause 3.3.2 above.

4. Announcements

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

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

4.2 Neither party shall make use of the other pa

2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party] to the other

party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will

not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose

[whether in writing or orally or in any other manner] Confidential Information to any other person other

than in accordance with the terms of this Agreement.

2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and

commercial discussions between the parties in relation to the Bid or for the subsequent performance of

any contract between the parties in relation to the Bid.

2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information:

2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose

set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are

made aware prior to the disclosure of any part of the Confidential Information that the same is

confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party

shall at all times remain liable for any actions of such Agents that would constitute a breach of this

Agreement; or

2.3.2 to the extent required by law or the rules of any applicable regulatory authority, subject to clause

2.4 below.

2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance

with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing

2.5 In the event that any Confidential Information shall be copied, disclosed or used otherwise than as

permitted under this Agreement then, upon becoming aware of the same, without prejudice to any

rights or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the

Disclosing Party of such event and if requested take such steps [including the institution of legal

proceedings] as shall be necessary to remedy [if capable of remedy] the default and/or to prevent

further unauthorised copying, disclosure or use.

2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not

confer on the Receiving Party any rights, including intellectual property rights over the Confidential

other remedies available to it, either at law or in equity, for any such threatened or actual breach of this