Hoac-Emu-34372-Mm-147 - Provision of Hygiene and Sanitation Services To TFR Empangeni and Surround - Vryheid East
Hoac-Emu-34372-Mm-147 - Provision of Hygiene and Sanitation Services To TFR Empangeni and Surround - Vryheid East
Hoac-Emu-34372-Mm-147 - Provision of Hygiene and Sanitation Services To TFR Empangeni and Surround - Vryheid East
FOR THE PROVISION OF: HYGIENE AND SANITATION SERVICES TO TFR DEPOTS AT
EMPANGENI AND SURROUNDING AREAS (MANDENI,
HYGIENE AND SANITATION SERVICES TO TFR DEPOTS AT EMPANGENI AND SURROUNDING AREAS
(MANDENI, EMPANGENI, NSESE, RICHARDS BAY, PORT AREAS, MTUBATUBA, HLUHLUWE AND
GOLELA) AND ULUNDI, VRYHEID TO VRYHEID EAST
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET FREIGHT RAIL, A DIVISION TRANSNET
SOC LTD
HOAC-
EMU-
BID NUMBER: 34372-MM-
147
PROVISION OF HYGIENE AND SANITATION SERVICES TO TFR DEPOTS AT EMPANGENI AREAS AND
DESCRIPTION: SURROUNDING (MANDENI, EMPANGENI, NSESE, RICHARDS BAY, PORT AREAS, MTUB
AND GOLELA) AND ULUNDI, VRYHEID TO VRYHEID EAST FOR A PERIOD OF 36 MONTHS
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
TRANSNET FREIGHT RAIL,
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE
CELLPHONE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER
COMPLIANCE
STATUS TAX
COMPLIANCE
SYSTEM PIN:
MAAA:
B-BBEE STATUS
LEVEL TICK APPLICABLE BOX]
VERIFICATION
CERTIFICATE
Yes No
Respondent’s Signature
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE
SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
1 ARE YOU THE 2 ARE YOU A FOREIGN
ACCREDITED BASED SUPPLIER FOR
REPRESENTATIVE IN THE GOODS
SOUTH AFRICA FOR Yes
THE GOODS
/SERVICES /WORKS [IF YES ENCLOSE PROOF]
OFFERED?
PART B
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.
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER
THE BID INVALID.
RFP DOWNLOADING This RFP may also be downloaded directly from Transnet Freight Rail’s
website at www.transnetfreightrail-tfr.net free of charge.
Once the tender has been located in the list, click on the ‘Tender
documents” tab and process to download all uploaded documents.
Alternatively, this RFP may be purchased at R 250.00 (inclusive of VAT)
per set for those bidders that require a hard copy from Transnet.
Carroll.Smith2@transnet.net
Bidders are to note that the RFP documents will be available for
download from 18 May 2021 or may be collected between 09:00 am
and 03:00 pm from 18 May 2021 until 14 June 2021.
ISSUE AND COLLECTION
DATE DEADLINE Bidders wishing to collect a CD, USB or hard copy of such RFP
documents from the Transnet issuing office, are required to inform that
office at the contact details indicated below on the day before collection
in order to allow for timeous reproduction of the documentation.
Bayhead, Durban,
4052
Bidders must ensure that bids are delivered timeously to the correct
address.
BID OPENING A public opening will not be held for this bid, however Respondents will
be provided with a copy of the opening register indicating the names of
the Respondents.
Bidders are to note that they may be requested to extend the validity
period of their bid, at the same terms and conditions, if the internal
evaluation process has not been finalised within the validity period.
However, once the adjudication body has approved the process and
award of the business to the successful bidder(s), the validity of the
successful bidder(s)’ bid will be deemed to remain valid until a final
contract has been concluded.
With regard to the validity period of next highest ranked bidders, please
refer to Section 2, paragraph 10.12
Any additional information or clarification will be faxed or emailed to all Respondents, if necessary.
2 FORMAL BRIEFING
3 PROPOSAL SUBMISSION
Proposals must be addressed on the cover as follows:
The Secretariat, Transnet Acquisition Council
RFP No:
Description:
Name of Respondent:
4 RFP INSTRUCTIONS
4.1 The measurements of the "tender slot" are 350mm wide x 200mm high. Bid responses
larger than the dimensions mentioned must be split into two or more files and clearly m
Transnet will not be held responsible if bid documents do not comply with the mentioned
dimensions and Respondents experience difficulty in submitting their bids as a result.
4.2 It should also be noted that the above tender box is accessible to the public from 07h3
business working days only.
4.3 Proposals must be submitted in duplicate hard copies [1 original and 1 copy] and must
4.4 Sign one set of original documents [sign, stamp and date the bottom of each page]. T
serve as the legal and binding copy. A duplicate set of documents is required. This se
be a copy of the original signed Proposal.
4.5 Both sets of documents are to be submitted to the address specified, and Respondents
that the original and copies (where applicable) are identical in all respects.
4.6 All returnable documents tabled in the Proposal Form [Section 5] must be returned with
proposals.
4.7 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be
be offers. Any exceptions to this statement must be clearly and specifically indicated.
4.8 Any additional conditions must be embodied in an accompanying letter. Subject only to
[Alterations made by the Respondent to Bid Prices] of the General Bid Conditions, alter
additions or deletions must not be made by the Respondent to the actual RFP documen
5 JOINT VENTURES OR CONSORTIUMS
Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE
entities, must state their intention to do so in their RFP submission. Such Respondents must also submit a
signed JV or consortium agreement between the parties clearly stating the percentage [%] split of business
and the associated responsibilities of each party. If such a JV or consortium agreement is unavailable, the
partners must submit confirmation in writing of their intention to enter into a JV or consortium agreement
should they be awarded business by Transnet through this RFP process. This written confirmation must
clearly indicate the percentage [%] split of business and the responsibilities of each party. In such cases,
award of business will only take place once a signed copy of a JV or consortium agreement is submitted to
Transnet.
• an EME or QSE which is 51% owned by black people living in rural or underdeveloped areas or
townships within the specified delivery areas mentioned in the pricing schedules.
A bid that fails to meet this pre-qualifying criteria will be regarded as an unacceptable
bid. Refer to Section 11 to complete the required Subcontracting Pre-Qualification
Criteria Form.
7 COMMUNICATION
7.1 For specific queries relating to this RFP, an RFP Clarification Request Form should be su
7.2
7.3
7.4
the business.
7.5
8 CONFIDENTIALITY
All information related to this RFP is to be treated with strict confidence. In this regard Respondents are
required to certify that they have acquainted themselves with the Non-Disclosure Agreement. All information
related to a subsequent contract, both during and after completion thereof, will be treated with strict
confidence. Should the need however arise to divulge any information related to this RFP or the subsequent
contract, written approval must be obtained from Transnet.
9 COMPLIANCE
The successful Respondent [hereinafter referred to as the Service provider] shall be in
compliance with any and all applicable laws and regulations.
10 DISCLAIMERS
Respondents are hereby advised that Transnet is not committed to any course of action as a result of its
issuance of this RFP and/or its receipt of Proposals. In particular, please note that Transnet reserves the
right to:
10.1 modify the RFP’s Goods/Services and request Respondents to re-bid on any such changes;
10.2 reject any Proposal which does not conform to instructions and specifications which are detailed
herein;
10.3 disqualify Proposals submitted after the stated submission deadline [closing date];
10.4 award a contract in connection with this Proposal at any time after the RFP’s closing date;
10.5 award a contract for only a portion of the proposed Goods/Services which are reflected
of this RFP;
10.6 split the award of the contract between more than one Service provider, should it at Tr
discretion be more advantageous in terms of, amongst others, cost or developmental considerations;
10.7 cancel the bid process;
10.8 validate any information submitted by Respondents in response to this bid. This would
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;
10.9 request audited financial statements or other documentation for the purposes of a due
exercise;
10.10 not accept any changes or purported changes by the Respondent to the bid rates after
date and/or after the award of the business, unless the contract specifically provided for it;
10.11 to cancel the contract and/request that National Treasury place the Respondent on its
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;
10.12 to award the business to the next ranked bidder, provided that he/she is still prepared
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 issued with a Letter of Regret. Bidders may
therefore be requested to advise whether they would still be prepared to provide the required
Goods/Services at their quoted price, even after they have been issued with a Letter of Regret.
Note that Transnet will not reimburse any Respondent for any preparatory costs or other work performed
in connection with its Proposal, whether or not the Respondent is awarded a contract.
11 LEGAL REVIEW
A Proposal submitted by a Respondent will be subjected to review and acceptance or re
proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consid
of business. A material deviation from the Standard terms or conditions could result in
12 SECURITY CLEARANCE
Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel
providing the Goods/Services and its subcontractor(s) must obtain security clearance from the appropriate
authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is
the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that
the Successful Respondent will implement all such security measures as the safe performance of the
contract may require.
their bids. Business may not be awarded to a Respondent who has failed to register on
foreign suppliers with no local registered entity need not register on the CSD.
14 TAX COMPLIANCE
Respondents must be compliant when submitting a proposal to Transnet and remain compliant for the
entire contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962
(Act No. 58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991).
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.
The Tax Compliance status requirements are also applicable to foreign Respondents/ individuals who wish
to submit bids.
It is a requirement that bidders grant a written confirmation when submitting this bid that SARS may on an
ongoing basis during the tenure of the contract disclose the bidder’s tax compliance status and by submitting
this bid such confirmation is deemed to have been granted.
Where Consortia / Joint Ventures / Sub-contractors are involved, each party must be registered on the
Central Supplier Database and their tax compliance status will be verified through the Central Supplier
Database.
For this purpose, the attached SBD 1 form must be completed and submitted as a mandatory
returnable document by the closing date and time of the bid.
In responding to this bid, Transnet acknowledges that it may obtain and have access to personal data of
the Respondents. Transnet agrees that it shall only process the information disclosed by Respondents in
their response to this bid for the purpose of evaluating and subsequent award of business and in accordance
with any applicable law. Furthermore, Transnet will not otherwise modify, amend or alter any personal data
submitted by Respondents or disclose or permit the disclosure of any personal data to any Third Party
without the prior written consent from the Respondents. Similarly, Transnet requires Respondents to
process any personal information disclosed by Transnet in the bidding process in the same manner. The
detailed mutual duties of Transnet and the Respondents to protect personal information is contained in
paragraph 36 of the General Bid Conditions.
Transnet urges its clients, suppliers and the general public to report any fraud or corruption to
TIP-OFFS ANONYMOUS: 0800 003 056
This agreement covers the supply, installation and maintenance of all sanitizer units, the deep cleaning and
sanitizing of toilet and shower facilities at Golela, Hluhluwe, Mtubatuba, Richards Bay (Nsese, Veldenvlei,
Meer En See, Port), Empangeni, Mandeni, Ulundi, Vryheid and Vryheid East under the jurisdiction of Real
Estate Management for a period of 3 years, as decided by Transnet.
2 EXECUTIVE OVERVIEW
Whereas Transnet is seeking a partner(s) to provide solutions for its hygiene and sanitation regionally, it
also seeks to improve its current processes for providing these Goods/Services to its end user community
throughout its locations.
The selected Supplier/Service provider(s) must share in the mission and business objectives of Transnet.
These mutual goals will be met by meeting contractual requirements and new challenges in an environment
of teamwork, joint participation, flexibility, innovation and open communications. In this spirit of
partnership, Transnet and its Supplier/Service provider(s) will study the current ways they do business to
enhance current practices and support processes and systems. Such a partnership will allow Transnet to
reach higher levels of quality, service and profitability.
Specifically, Transnet seeks to benefit from this partnership in the following ways:
2.1 Transnet must receive reduced cost of acquisition and improved service benefits resulti
Supplier/Service provider’s economies of scale and streamlined service processes.
2.2 Transnet must achieve appropriate availability that meets user needs while reducing co
Transnet and the chosen Supplier/Service provider(s).
2.3 Transnet must receive proactive improvements from the Supplier/Service provider with
supply/provision of Goods/Services and related processes.
2.4 Transnet’s overall competitive advantage must be strengthened by the chosen Supplier
provider’s leading edge technology and service delivery systems.
2.5 Transnet end users must be able to rely on the chosen Supplier/Service provider’s pers
service enquiries, recommendations and substitutions.
2.6 Transnet must reduce costs by streamlining its acquisition of Goods/Services, including
service processes on a Group basis.
3 SCOPE OF REQUIREMENTS
3.1 The scope covers the supply, installation and maintenance of all sanitizer units, the dee
and sanitizing of toilet and shower facilities
3.2 Detailed Specifications are annexed as Annexure C: Scope of work, Specifications and C
Guideline
4 GREEN ECONOMY / CARBON FOOTPRINT
Transnet wishes to have an understanding of your company’s position with regard to e
commitments, including key environmental characteristics such as waste disposal, recy
conservation. Please submit details of your entity’s policies in this regard.
Transnet will utilise the following methodology and criteria in selecting a preferred Service provider, if so
required:
STAGE 1:
PREQUALIFICATION STAGE 2
Step 2
Step 1
Administrative Substantive
responsiveness responsiveness
Compliance / 100***
-100%
Returnable Pre-
documents/ qualification
schedules
Step 2: Preferential
Procurement prequalification
criteria that only one or more manner] if
of the following may pricing is not
participate:
• Verify if the Bid document has been duly signed by All sections
respondent
The test for administrative responsiveness [Step One] must be passed for a Respondent’s
Proposal to progress to Step Two for further pre-qualification
6.2 STEP TWO: Test for Substantive Responsiveness to RFP
The test for substantive responsiveness to this RFP will include the following:
Check for substantive responsiveness
• Whether any general pre-qualification criteria set b All sections including: Section 2
have been met paragraphs 2.2, 6, 10.2,
The test for substantive responsiveness [Step Two] must be passed for a
Respondent’s proposal to progress to Step Three for further evaluation
• Whether any Industry related criteria set by Trans Section 3 - Scope of Work &
on driver’s licence
The test for technical compliance [Phase One] must be passed for a Respondent’s
Proposal to progress to Phase Two for further Technical/Functionality evaluations
- Supervisors
-
attended in:
• Waste Management
points (20%)
Bidders to provide a detailed waste management plan
indicating the safe disposal of waste. The plan should Submitted a waste management plan,
address the following items: that addressed 7 to 10 items and is
1. The management of waste on site pertaining to hygiene services = 2
2. Estimate the waste types and amounts involved. points (13.33%)
3. Indicate the process of dealing with waste
collection, treatment of waste and cooperation Submitted a waste management plan,
between municipalities that addressed 6 or less items and is
4. Identify the waste destinations and transport pertaining to hygiene services = 1
modes, including what materials are being points (6.67%)
segregated on site for reuse or recycling.
5. Describe recycling/reuse methods for each Submitted a waste management plan
material. that is not pertaining to hygiene
6. Describe special measures for material use and services or did not submit a waste
handling. management plan = 0 points (0%)
7. Describe communication and training to support
and encourage participation from everyone on
site (Service Provider and Transnet).
8. Describe the sequencing and methods of
handling waste
9. Project review to rectify any discrepancies
10. Record keeping to the amount of waste disposed
and safe disposal certificates
11. How to deal with spillages of the hazardous waste
Respondents must complete and submit Annexure B which include a Technical Questionnaire.
A Respondent’s compliance with the minimum functionality/technical threshold will be measured by their
responses to Annexure B.
Respondents are to note that Transnet will round off final technical scores to the nearest 2 (two) decimal
places for the purposes of determining whether the technical threshold has been met.
• Commercial offer
PS = 80
Where:
Ps =
Pt =
Pmin =
Pricing notes:
Respondents do not have to price both Price Schedule 1 and Price Schedule
2, but are required to price all items per Price Schedule. Failure to price all
items per Price Schedule will result in the Respondents’ disqualification.
Respondents are however required to price all items on Price Schedule 3 and
failure to price this schedule and all items will result in the Respondents’
disqualification.
The pricing submitted for Price Schedule 1 and Price Schedule 2 will make-
up the fixed costs for this event. There will also be allocated a lump sum
amount of 15% of the total amount awarded for any unforeseen variable
costs (Price Schedule 3).
Transnet reserves the right split the award of the contract between more
than one Suppliers should it at Transnet’s discretion be more advantageous
in terms of, amongst others, cost or developmental considerations. Thus the
contract will be split per Price Schedule.
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,
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. A final evaluation will be
conducted in terms of 80/20 and the contract will be negotiated and awarded to the successful
Respondent(s).
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 Bid either by way of a Letter
of Award or Letter of Intent where Transnet will negotiate the final terms and condition the
contract with the successful Respondent(s). Thereafter the final contract will be concluded
with the successful Respondent(s).
Otherwise, a final contract will be concluded and entered into with the successful Bidder at
the acceptance of a letter of award by the Respondent.
Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela)
No. of
Item Description of facilities
No & equipment
1 No. of Male
2 No. of Urinals
3 No. of Female
4 Air fresheners
6 Soap Dispensers
7 SHE Bins
8 Total No. of Basins
9 Showers
10 Kitchen
Respondent’s Signature
12 No. of Urinals
13 No. of Female
14 Air fresheners
16 Soap Dispensers
17 SHE Bins
19 Showers
20 Kitchen
21 No. of Male
22 No. of Urinals
23 No. of Female
24 Air fresheners
Respondent’s Signature
26 Soap Dispensers
27 SHE Bins
29 Showers
30 Kitchen
31 No. of Male
32 No. of Urinals
33 No. of Female
34 Air fresheners
36 Soap Dispensers
37 SHE Bins
Respondent’s Signature
39 Showers
40 Kitchen
41 No. of Male
42 No. of Urinals
43 No. of Female
44 Air fresheners
45 Hand Paper Towel
Dispensers
46 Soap Dispensers
47 SHE Bins
49 Showers
50 Kitchen
Respondent’s Signature
52 No. of Urinals
53 No. of Female
54 Air fresheners
56 Soap Dispensers
57 SHE Bins
59 Showers
60 Kitchen
61 No. of Male
62 No. of Urinals
63 No. of Female
64 Air fresheners
67 SHE Bins
69 Showers
70 Kitchen
71 No. of Male
72 No. of Urinals
73 No. of Female
74 Air fresheners
76 Soap Dispensers
77 SHE Bins
79 Showers
80 Kitchen
81 No. of Male
82 No. of Urinals
83 No. of Female
84 Air fresheners
86 Soap Dispensers
87 SHE Bins
Respondent’s Signature
89 Showers
90 Kitchen
92 No. of Urinals
94 Air fresheners
96 Soap Dispensers
97 SHE Bins
99 Showers
Respondent’s Signature
100 Kitchen
109 Showers
Respondent’s Signature
110 Kitchen
12 STATION BUILDING -
13 REFRESHMENTS
BUILDING
14 OLD PARCEL BUILDING
Respondent’s Signature
18 RELAY ROOM
21 COMMS BUILDING
GARAGES AT COMMS
22 BUILDING
23 S& T OFFICE AT
MAINTENANCE DEPOT
24 M & A AT S & T DEPOT
25 WORKSHOPS / OFFICES
AT ELP DEPOT
26 MESS AND ABLUTION
Respondent’s Signature
Respondent’s Signature
42 STATION BUILDING -
43 MESS AND ABLUTIONS
54 OFFICE
89 SHUNT 3
90 CABIN 148
91 CABIN 124
92 CABIN JAMLUTHI
Respondent’s Signature
1 No. of Male
2 No. of Urinals
3 No. of Female
4 Air fresheners
6 Soap Dispensers
7 SHE Bins
9 Showers
10 Kitchen
Respondent’s Signature
11 No. of Male
12 No. of Urinals
13 No. of Female
14 Air fresheners
16 Soap Dispensers
17 SHE Bins
19 Showers
20 Kitchen
21 No. of Male
22 No. of Urinals
23 No. of Female
24 Air fresheners
26 Soap Dispensers
27 SHE Bins
29 Showers
30 Kitchen
Item Station
No
VRYHEID VRYHEID EAST
1 EAST
OFFICE SEN. OP
VRYHEID VRYHEID EAST
2 EAST
& ABLUTION
VRYHEID VRYHEID EAST
3 EAST
STORE
VRYHEID VRYHEID EAST
4 EAST
STORE & TOILET
5 VRYHEID
EAST
6 VRYHEID
EAST
VRYHEID MESS AND
7 EAST
FACILITIES
VRYHEID MESS AND
8 EAST
FACILITIES
VRYHEID MESS AND
9 EAST
FACILITIES
10 VRYHEID
EAST
11 VRYHEID
EAST
Respondent’s Signature
Item Station
No
VRYHEID EAST FACE
12 VRYHEID
EAST KM4/15D
VRYHEID VRYHEID EAST FACE
13 EAST
OFFICES
VRYHEID EAST
14 VRYHEID
EAST ABLUTION
KM3R/A26
VRYHEID VRYHEID EAST FACE
15 EAST
ROOM KM4R
VRYHEID MESS AND
16 EAST
FACILITIES
VRYHEID VRYHEID EAST
17 EAST
ABLUTION KM2/20B
VRYHEID VRYHEID EAST FACE
18 EAST
KM2R/A1
VRYHEID VRYHEID EAST
19 EAST
KMA2
Respondent’s Signature
21 VRYHEID
EAST
VRYHEID
22 EAST
23 VRYHEID
EAST
VRYHEID
24 EAST
25 VRYHEID
EAST
VRYHEID
26 EAST
30 VRYHEID
31 VRYHEID
32 VRYHEID
33 VRYHEID
34 VRYHEID
Respondent’s Signature
Item Station
No
35 VRYHEID
36 VRYHEID
37 VRYHEID
38 VRYHEID
39 VRYHEID
40 VRYHEID
41 VRYHEID
42 VRYHEID
43 VRYHEID
44 VRYHEID
45 VRYHEID
46 VRYHEID
Respondent’s Signature
Item Station
No
47 VRYHEID
48 VRYHEID
49 VRYHEID
50 VRYHEID
51 VRYHEID
52 VRYHEID
53 ULUNDI
54 ULUNDI
55 ULUNDI
56 ULUNDI
Item Description
No
1 Foam soap refill for Soap dispensers
2 Hand sanitiser refill for Sanitiser unit
3 Air-freshener refill
4 SHE packets refill
5 Hand paper towel rolls for paper towel
dispenser
6 Supply & install wall mounted type Paper t
stand with waste bin
7 Supply & install foot pedal hand sanitiser un
with sanitiser
8 Supply & install air freshener unit with air
freshener
9 Supply & install soap dispenser unit with s
10 Supply SHE bins
11 Supply & install toilet seat wipe unit with se
wipes
12 Supply & install SHE packet dispenser with
packets
13 Supply odour reducing urinal mats
14 Deep cleaning service
Respondents are to note that Transnet will round off final pricing scores to the nearest
Notes to Pricing:
a) Respondents are to note that if the price offered by the highest scoring bidder is not m
(i) negotiate a market-related price with the Respondent scoring the highest points or cancel the RFP;
(ii) if that Respondent does not agree to a market-related price, negotiate a market-related price with the
Respondent scoring the second highest points or cancel the RFP;
(iii) if the Respondent scoring the second highest points does not agree to a market-related price, negotiate a
market-related price with the Respondent scoring the third highest points or cancel the RFP.
If a market-related price is not agreed with the Respondent scoring the third highest points, Transnet must
cancel the RFP.
price all items per Price Schedule. Failure to price all items per Price Schedule will result in the
Respondents’ disqualification. Respondents are however required to price all items on Price
Schedule 3 and failure to price this schedule and all items will result in the Respondents’
disqualification.
d) The pricing submitted for Price Schedule 1 and Price Schedule 2 will make-up the fixed costs fo
this event. There will also be allocated a lump sum amount of 15% of the total amount awarded
for any unforeseen variable costs (Price Schedule 3).
e) Transnet reserves the right split the award of the contract between more than one Suppliers
should it at Transnet’s discretion be more advantageous in terms of, amongst others, cost or
developmental considerations. Thus the contract will be split per Price Schedule.
a) Any disbursement not specifically priced for above will not be considered/accepted by T
b) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance
and not utilise a different format. Deviation from this pricing schedule could result in a
responsive.
c) Please note that should you have offered a discounted price(s), Transnet will only cons
in the final evaluation stage if offered on an unconditional basis.
d) Respondents, if awarded the contract, are required to indicate that their prices quoted
fixed for the contract duration. [Not to be confused with bid validity period Section 2, c
YES
PRICES TENDERED
Respondents are to note that, on award of business, Transnet is required to publish the tendered prices and
preferences claimed of the successful and unsuccessful Respondents inter alia on the National Treasury e-
Tender Publication Portal, (www.etenders.gov.za), as required per National Treasury Instruction Note 01 of
2015/2016.
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.
2 SERVICE LEVELS
2.3 Transnet reserves the right to request that any member of the Service provider’s team
Transnet account be replaced if deemed not to be adding value for Transnet.
2.4 The Service provider guarantees that it will achieve a 95% [ninety-five per cent] servic
following measures:
If the Service provider does not achieve this level as an average over each quarter, Transnet will receive
a 1.5% [one and a half per cent] rebate on quarterly sales payable in the next quarter
2.5 The Service provider must provide a telephone number for customer service calls.
2.6 Failure of the Service provider to comply with stated service level requirements will giv
right to cancel the contract in whole, without penalty to Transnet, giving 30 [thirty] calendar days’
notice to the Service provider of its intention to do so.
YES
3 RISK
Respondents must elaborate on the control measures put in place by their entity, which
risk to Transnet pertaining to potential non-performance by a Service provider, in relati
3.1 Quality and specification of Goods/Services delivered:
3.3 Compliance with the Occupational Health and Safety Act, 85 of 1993:
1 _____________________
Name _________________
2 _____________________
Name _________________
DESIGNATION: _____________________________________
represented by__________________________________________________________________________
in my capacity as _____________________________________________________________________________
being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate of Partners, dated
_________________to enter into, sign execute and complete any documents relating to this proposal and any
subsequent Agreement. The following list of persons are hereby authorised to negotiate on behalf of the
abovementioned entity, should Transnet decide to enter into Post Tender Negotiations with highest ranked bidder(s).
I/We accept that unless Transnet should otherwise decide and so inform me/us in the letter of award/intent, this
Proposal [and, if any, its covering letter and any subsequent exchange of correspondence], together with Transnet’s
acceptance thereof shall constitute a binding contract between Transnet and me/us.
Should Transnet decide that an amended contract should be signed and so inform me/us in a letter of intent [the
Letter of Intent], this Proposal [and, if any, its covering letter and any subsequent exchange of correspondence]
together with Transnet’s Letter of Intent, shall constitute a binding contract between Transnet and me/us until the
formal contract is signed.
I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we fail to enter into
a formal contract if called upon to do so, or fail to commence the supply/provision of Goods/Services within 2 [two]
weeks thereafter, Transnet may, without prejudice to any other legal remedy which it may have, recover from me/us
any expense to which it may have been put in calling for Proposals afresh and/or having to accept any less favourable
Proposal.
Furthermore, I/we agree to a penalty clause/s which will allow Transnet to invoke a penalty against us for non-
compliance with material terms of this RFP including the delayed delivery of the Goods/Services due to non-performance
by ourselves, failure to meet Subcontracting, etc.
I/we agree that non-compliance with any of the material terms of this RFP, including those mentioned above, will
constitute a material breach of contract and provide Transnet with cause for cancellation.
ADDRESS FOR NOTICES
The law of the Republic of South Africa shall govern any contract created by the acceptance of this RFP. The domicilium
citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent hereunder, 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. Foreign Respondents shall, therefore, state hereunder the name of their authorised
representative in the Republic of South Africa who has the power of attorney to sign any contract which may have to
be entered into in the event of their Proposal being accepted and to act on their behalf in all matters relating to such
contract.
Facsimile: ______________________________________________________________________________________
Address: ______________________________________________________________________________________
As soon as possible after approval to award the contract(s), the successful Respondent [the Service provider] will
be informed of the acceptance of its Proposal. Unsuccessful Respondents will be advised in writing of the name of the
successful Service provider and the reason as to why their Proposals have been unsuccessful, for example, in the
category of price, delivery period, quality, B-BBEE status or for any other reason.
VALIDITY PERIOD
Transnet requires a validity period of 90 Business Days [from closing date] - 21 October 2021 against this RFP.
The Respondent must disclose hereunder the full name(s) and address(s) of the director(s) or members of the company
or close corporation [C.C.] on whose behalf the RFP is submitted.
(i)
(ii)
(iii) Full name(s) of director/member(s)
RETURNABLE DOCUMENTS
Returnable Documents means all Failure to provide all these Mandatory Returnable Documents at the
the documents, Sections and Closing Date and time of this RFP will result in a Respondent’s
Annexures, as listed in the disqualification.
Returnable Documents Used for Failure to provide all Returnable Documents used for purposes of
Scoring scoring a bid, by the closing date and time of this bid will not result in a
Respondent’s disqualification. However, Bidders will receive an
automatic score of zero for the applicable evaluation criterion.
Essential Returnable Documents Failure to provide essential Returnable Documents will result in
All Returnable Sections, as indicated in the header and footer of the relevant pages, must be signed, stamped
and dated by the Respondent.
Respondents are required to submit with their Quotations the Mandatory Returnable Documents, and
also to confirm submission of these documents by so indicating [Yes or No] in the tables below:
Submitted
Returnable Documents used for scoring [Yes/No]
Provide Supervisors certificates for training attended in, hygiene and sanitation, time
management, health and safety and team leading
Proof of registration / certificate with the Department of Environmental Affairs for handling of
hazardous material
Valid Bargaining Council Of Contract Cleaning Services Industry (BCCCI) registration certificate
Proof of valid Dangerous Goods permit (DGP) should reflect on driver’s licence
Annexure A: Clause-by-clause Compliance schedule
Over and the above the requirements of section (a) mentioned above, Respondents are further required to
submit with their Proposals the following Essential Returnable Documents and also to confirm
submission of these documents by so indicating [Yes or No] in the table below:
Submitted
Essential Returnable Documents & Schedules [Yes or No]
Receipt for payment of RFP documents, where a bid fee is applicable [Section 2, paragraph 1]
In the case of Joint Ventures, a copy of the Joint Venture Agreement or written confirmation of the
intention to enter into a Joint Venture Agreement
Latest Financial Statements signed by your Accounting Officer or latest Audited Financial Statements
plus 2 previous years
Section 5: Proposal Form and List of Returnable documents
Section 6: Certificate Of Acquaintance with RFP, Terms & Conditions & Applicable Documents
Section 7: RFP Declaration and Breach of Law Form
The successful Respondent will be required to ensure the validity of all returnable documents, including but not limited
to its valid B-BBEE Verification Certificate, for the duration of any contract emanating from this RFP. Should the
Respondent be awarded the contract [the Agreement] and fail to present Transnet with such renewals as and when
they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of
the eventual Agreement, to terminate such Agreement immediately without any liability and without prejudice to any
claims which Transnet may have for damages against the Respondent.
1 _____________________
Name _________________
2 _____________________
Name _________________
DESIGNATION: _____________________________________
By signing this certificate the Respondent is deemed to acknowledge that he/she has made
himself/herself thoroughly familiar with, and agrees with all the conditions governing this RFP. This
includes those terms and conditions contained in any printed form stated to form part hereof, including
but not limited to the documents stated below. As such, Transnet SOC Ltd will recognise no claim for
relief based on an allegation that the Respondent overlooked any such condition or failed properly to
take it into account for the purpose of calculating tendered prices or any other purpose:
2 Master Agreement
6 Supplier Declaration Form and all supporting documents (first time vendors only). Alternatively, for
all existing vendors, please complete the table below under the heading “Existing vendors”.
Existing vendors: existing vendors are required to confirm whether all the information (e.g. company address, contact
details, banking details, etc.) relating to the existing vendor number is still correct at the time of submission of this bid
failing which such Respondents are required to indicate so below and provide the updated information in their bid
submission:
Should the Bidder find any terms or conditions stipulated in any of the relevant documents quoted in the RFP
unacceptable, it should indicate which conditions are unacceptable and offer alternatives by written submission on its
company letterhead, attached to its submitted Bid. Any such submission shall be subject to review by Transnet’s Legal
Counsel who shall determine whether the proposed alternative(s) are acceptable or otherwise, as the case may be. A
material deviation from any term or condition may result in disqualification.
Bidders accept that an obligation rests on them to clarify any uncertainties regarding any bid which they intend to
respond on, before submitting the bid. The Bidder agrees that he/she will have no claim based on an
allegation that any aspect of this RFP was unclear but in respect of which he/she failed to obtain clarity.
The bidder understands that his/her Bid will be disqualified if the Certificate of Acquaintance with RFP documents
included in the RFP as a returnable document, is found not to be true and complete in every respect.
1 _____________________
Name _________________
2 _____________________
Name _________________
DESIGNATION: _____________________________________
1 Transnet has supplied and we have received appropriate responses to any/all questions
were submitted by ourselves for RFP Clarification purposes;
2 we have received all information we deemed necessary for the completion of this Requ
3 we have been provided with sufficient access to the existing Transnet facilities/sites an
information relevant to the Goods/Services as well as Transnet information and Employees, and has 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.
5 we are satisfied, insofar as our entity is concerned, that the processes and procedures
in issuing this RFP and the requirements requested from Bidders in responding to this RFP have been
conducted in a fair and transparent manner; and
7 we declare that a family, business and/or social relationship exists / does not exist [del
between an owner / member / director / partner / shareholder of our entity and an employee or board member
of the Transnet Group including any person who may be involved in the evaluation and/or adjudication of this
Bid.
[Failure to furnish complete and accurate information in this regard will lead to the
disqualification of a response and may preclude a Respondent from doing future business with
Transnet]
11 We declare, to the extent that we are aware or become aware of any relationship betw
Transnet [other than any existing and appropriate business relationship with Transnet] which could unfairly
advantage our entity in the forthcoming adjudication process, we shall notify Transnet immediately in writing
of such circumstances.
12 We accept that any dispute pertaining to this Bid will be resolved through the Ombudsm
be subject to the Terms of Reference of the Ombudsman. The Ombudsman process must first be exhausted
before judicial review of a decision is sought.
13 We further accept that Transnet reserves the right to reverse an award of business or d
recommendations of the Ombudsman without having to follow a formal court process to have such award or
decision set aside.
BREACH OF LAW
NATURE OF BREACH:
DATE OF BREACH:_____________________________
Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Respondent from
the bidding process, should that person or entity have been found guilty of a serious breach of law, tribunal
or regulatory obligation.
RFP deadline for questions / RFP Clarifications: Before 12h00 on 07 June 2021
Once Bidders download the RFP off the Portal, they are required to send their contact details to the following
address: Carroll.Smith2@transnet.net
This is to ensure that any required communication in relation to this RFP reaches those intending to respond.
Furthermore, any addenda to the RFP or clarifications will be published on the e-tender portal. Bidders are
required to check the e-tender portal prior to finalising their bid submissions for any changes or clarifications to
the RFP.
Transnet will not be held liable if Bidders do not receive the latest information regarding this RFP with the
possible consequence of either being disadvantaged or disqualified as a result thereof.
This preference form must form part of all bids invited. It contains general information and serves as a claim for
preference points for Broad-Based Black Economic Empowerment [B-BBEE] Status Level of Contribution.
Transnet will award preference points to companies who provide valid proof of their B-BBEE status using either the
latest version of the generic Codes of Good Practice or Sector Specific Codes (if applicable).
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDIT
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017.
1 GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applica
included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicabl
included).
1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes inclu
the 80/20 preference point system shall be applicable. Despite the stipulated preferenc
Transnet shall use the lowest acceptable bid to determine the applicable preference po
situation where all received acceptable bids are received outside the stated preference
1.3 Preference points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contribution.
1.4 The maximum points for this bid are allocated as follows:
Price
B-BBEE status level of contribution
Total points for Price and B-BBEE must not ex
1.5 Failure on the part of a bidder to submit proof of B-BBEE status level of contributor tog
be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicate
subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.
2 DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment ins
fund contributions and skills development levies;
(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Bro
Black Economic Empowerment Act;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured e
on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black
Economic Empowerment, issued in terms of sectio9(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
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. 53 of 2003);
(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice under secti
the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(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”
(j) “QSE” means a Qualifying Small EEnterprise as defines by Codes of Good Practice under secti
the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. 53 of 2003);
(k) “rand value” means the total estimated value of a contract in South African currency, calculated
time of bid invitations, and includes all applicable taxes and excise duties.
3
3.1
Ps=
Where
Ps
Pt
Pmin
4
4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, pre
be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table
below:
4.2 The table below indicates the required proof of B-BBEE status depending on the catego
Enterprise B-BBEE Certificate & Sworn Affidavit
Large Certificate issued by SANAS accredited verification agency
[Sworn affidavits must substantially comply with the format that can be obtained on the
DTI’s website at www.dti.gov.za/economic_empowerment/bee_codes.jsp.]
EME2 Sworn Affidavit signed by the authorised EME representative and attested by a
Commissioner of Oaths confirming annual turnover and black ownership
Certificate issued by CIPC (formerly CIPRO) confirming annual turnover and black
ownership
Certificate issued by SANAS accredited verification agency only if the EME is being
measured on the QSE scorecard
4.3 A trust, consortium or joint venture (including unincorporated consortia and joint ventu
consolidated B-BBEE Status Level verification certificate for every separate bid.
4.4 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status le
terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.
4.5 A person will not be awarded points for B-BBEE status level if it is indicated in the bid d
a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that
does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor
is an EME that has the capability and ability to execute the sub-contract.
4.6 A person awarded a contract may not sub-contract more than 25% of the value of the
enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the
contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.
4.7 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE re
changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the Bidder’s
responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time of the
submission of the bid.
5 BID DECLARATION
5.1
6
6.1 B-BBEE Status Level of Contribution:
7 SUB-CONTRACTING
7.1
(Tick applicable box)
YES
2 In terms of the Implementation Guide: Preferential Procurement Regulations, 2017, Version 2, paragraph 11.11 provides that in the
Transport Sector, EMEs can provide a letter from accounting officer or get verified and be issued with a B-BBEE certificate by SANAS
accredited professional or agency as the Transport Sector Code has not been aligned to the generic Codes. EMEs in the Transport
Sector are not allowed to provide a sworn affidavit as the generic codes are not applicable to them.
Procurement Regulations,2017:
Black people
Manufacturer
Supplier
Professional Service provider
Other Service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company
points claimed, based on the B-BBE status level of contribution indicated in paragraphs 1.4 and 6.1 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 indicat
Respondent’s Signature Date & Company Stamp
1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 1.4 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 a bidder submitted false information regarding its B-BBEE status level of contributor, local production
and content, or any other matter required in terms of the Preferential Procurement Regulations, 2017
which will affect or has affected the evaluation of a bid, or where a bidder has failed to declare any
subcontracting arrangements or any of the conditions of contract have not been fulfilled, the purchaser
may, in addition to any other remedy it may have
WITNESSES
1 ……………………………………..
2 …………………………………….
2 Transnet will take all reasonable steps to prevent abuse of the supply chain manageme
a. disregard the bid of any bidder if that bidder, or any of its directors have abused the in
supply chain management system and or committed fraud or any other improper condu
to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier committed
or fraudulent act during the bidding process or the execution of that contract.
3 This SBD serves as a certificate of declaration that would be used by institutions to ens
are considered, reasonable steps are taken to prevent any form of bid-rigging.
4 In order to give effect to the above, the following certificate of Bid Determination (SBD
and submitted with the bid:
do hereby make the following statements that I certify to be true and complete in every respect:
2 I understand that the accompanying bid will be disqualified if this Certificate is found n
complete in every respect;
3 I am authorized by the bidder to sign this Certificate, and to submit the accompanying
bidder;
4 Each person whose signature appears on the accompanying bid has been authorized b
determine the terms of, and to sign the bid, on behalf of the bidder;
5 For the purposes of this Certificate and the accompanying bid, I understand that the w
include any individual or organization, 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
bidder
6 The bidder has arrived at the accompanying bid independently from, and witho
communication, agreement or arrangement with any competitor. However communication between partners
in a joint venture or consortium³ will not be construed as collusive bidding.
a. prices;
e. the submission of a bid which does not meet the specifications and conditions of the bid; or
8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products
or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the
contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive
practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission
for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition
Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation
and or may be restricted from conducting business with the public sector for a period not exceeding ten (10)
years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable
legislation.
Signature Date
Position Name of Bidder
a) As a prequalification criterion to participate in this RFP, Respondents are required to subcontract a minimum of
30% [thirty percent] of the value of the contract to one or more of the following designated groups:
• an EME or QSE which is at least 51% owned by Black People; and living in the rural or underdeveloped areas
or townships within the specified delivery areas mentioned in the pricing schedules;
Respondents are to note that Transnet will not round off subcontracting percentage for the purposes of
determining whether the subcontracting condition has been met.
b) A bid that fails to meet this pre-qualifying criterion will be regarded as an unacceptable
c) For a list of potential subcontractors, Respondents may refer to the National Treasury C
and conduct a subcontractor search. The list must be accessed as follows:
To refine the search based on the pre-qualifying criteria stipulated in the PPPFA for preferential
procurement to advance certain designated groups, the PPPFA filters option may be utilized to identify
suppliers based on:
d) Respondents have the discretion of identifying and selecting suppliers, who are register
supplier database (CSD) but do not appear on the list provided by Transnet, for purposes of subcontracting.
e) Respondents are required to submit proof of the subcontracting arrangement between themselve
and the subcontractor. Proof of the subcontracting arrangement may include a subcontracting
agreement.
i) The successful Respondent awarded the contract may only enter into a subcontracting
Transnet’s prior approval.
j) The contract will be concluded between the successful Respondent and Transnet, there
Respondent and not the sub-contractor will be held liable for performance in terms of its contractual obligations.
* List of suppliers is attached
The Respondent is to ensure that the following is completed and attached to this form:
2
3
4
5
e) Work to be subcontracted:
Percentage of
Subcontractor Work to be performed by
subcontractor (Please specify) will be
subcontracted
1
2
3
4
5
Note:
For the purpose of determining that the pre-qualification criteria has been complied with, Respondents must
cumulatively meet the minimum 30% pre-qualification requirement and provide a valid B-BBEE certificate(s) or Sworn
Affidavit(s) for the proposed subcontractor(s) listed above. Failure to provide a valid B-BBEE certificate(s) or
Sworn Affidavit(s) for proposed subcontractor(s) and Proof of subcontracting arrangement which makes
up the minimum 30% pre-qualification requirement at the Closing Date and time of this RFP will result
in a Respondent’s disqualification.
MAAA1020157 KAMBULAZY
MAAA0105756 SNIKE CONSTRUCTION AND GENERAL
SERVICES
MAAA0384020 JABI PROJECT AND CONSTRUCTION
MAAA0475234 MISTIC FALLS TRADING
MAAA1067478 SIQALAKABUSHA OCCUPATIONAL
HEALTH AND WELLNESS
MAAA0447276 MASOMBUKA TRADING SERVICES
MAAA1046207 ENGWENII
MAAA0375334 NEEKAY PROJECTS
MAAA0592784 DUMASBUSE
MAAA0695885 AMANCAADI TRADING
MAAA0534518 IZINGCEBISO
MAAA0932182 NSIKA YOMLILO
MAAA0788043 FEZEKILE ENVIRO CARE TRADING
MAAA0929782 KN MCMULA
MAAA0928421 MTNLM TRADING ENTERPRISE
MAAA0898966 FANA FOCUS
MAAA0484050 JOVENI HOLDINGS
MAAA0816516 MALAKULANDELA
MAAA0957940 MBIDLIZA
MAAA0878046 TEMA CUSI
MAAA0996064 NOVELA JM
MAAA1045636 JUNKSIDE AVENUE
MAAA0926761 MAZIPHATHELE
MAAA0073790 GBTG
MAAA0806696 MANZIMASE TRADING
MAAA0747999 LINDELANATHI
MAAA0509969 SCOFIELD SOLUTIONS
MAAA0139298 BAHNOXOLO TRADING AND PROJECTS
MAAA0641725 MANIPO
MAAA0572235 SPHERERE ENTERPRISE
MAAA0484518 MBEKELELI
MAAA0892483 KWENZAMAKHUZE
MAAA0519942 SALABEMUSHO GROUP
MAAA0396016 LETLILELEHU
MAAA0418113 ASIPHAKAME DEVELOPMENT
MAAA0369885 UMLU 2 LU 2
MAAA1014454 2XM SOLUTIONS
MAAA0664371 HEMLIZY
MAAA0826353 SWEETNATURE
MAAA0917394 MPISIYECHIBI
MAAA0167916 SIYATHOKOZA GENERAL BUSINESS
MAAA0847252 SEVEN 8 CREATIONS CO
MAAA0932123 KASI TRAINING DEVELOPMENT
MAAA0018052 KINGFRESHA
MAAA0161306 IMEROM GROUP
MAAA1018996 SCHELE DESIGN AND CONSTRUCTION
SERVICES
MAAA0105721 DCM GOODS AND SERVICES
MAAA0587286 EMKHONJANA
MAAA0978252 LOONGY
MAAA0674341 LILYANN
MAAA0968859 NTOZABAKHE ENTERPRISES
MAAA0382309 NCANEMUNTU TRADING
MAAA0421341 SN 11 PROJECT
MAAA0739942 RONALD ACCESSSORIES
MAAA0227183 POLYARCS
MAAA1005829 LUNUMKO
MAAA0394462 NDUDUZO XOLANI MASIKANE
MAAA0498997 BROOKLYN D
MAAA1063417 EMANCWABENI TRADING
MAAA0455643 LIMILE MILESTONE
MAAA0395058 AWANDE GENERAL TRADING
MAAA0822592 SKEYTHEM
MAAA0327816 MAF TRADING ENTERPIRSE
MAAA0624619 TATAZI
MAAA0087979 SYAMANDLA TRADING AND PROJECTS
MAAA1075221 SONCANDA
MAAA0143809 UMZIKAZI INVESTMENTS
MAAA0723451 ABBEYCREST TRADING
MAAA0376695 MAKUVUKO SERVICES
MAAA0525860 EXPILLION
D
MAAA0746411 TODAY'S DESTINY TRADING AND
PROJECTS 195
MAAA0826419 ISIQALA SAMANTSHOSHO
MAAA0880584 RAZINSHA
MAAA0949315 DLANGAMANDLA VUMANI TRADING
MAAA0141361 MAFUNZWANI CONSTRUCTION AND
GENERAL SUPPLY
MAAA0818900 MIDPOINT PROJECTS
MAAA0984016 NOLITHA TRADING ENTERPRISE
MAAA0923973 JMM 20
MAAA0740218 MT TRADING
MAAA0751582 BHARAMBA
MAAA0338855 MNCWABE TECHNOLOGIES
MAAA0514059 ZAMAGAMBU TRADNG
MAAA0832310 NGELE KO GAMA TRADING
ENTERPRISE
MAAA0493849 OWEMVULA M
MAAA0675523 MULWELI SOLUTIONS
MAAA0327002 KHONMAK
MAAA0720420 PHAKAMINI TRADING
MAAA0929417 LI JAMA
MAAA0759586 THIYEKILE ENTERPRISE
MAAA0112004 PHIBONDA
MAAA0952321 MLUNGUZI CATERING AND PROJECTS
MAAA0732028 SGENGEH
MAAA0984723 JABULAZIKODE
MAAA0446360 SAMKELOKUHLE
MAAA0597792 GNA LOGISTICS SOLUTIONS
MAAA0912418 SECUSURE
MAAA1058211 BABEZALA
MAAA0372538 SIYABONGA GOGO TRADING
MAAA0423094 GENDIES
MAAA0721554 BAMBEZAKHE CONSULTING AND
PROJECTS
MAAA0757124 MJM DIMES GROUP
MAAA0979840 SAANZ
MAAA0944085 MABHEDU SIKELA TRADING
MAAA0543089 BUDEZI
MAAA0559996 4LAST COMPANY
MAAA1048958 SHUBHELA PROJECTS
MAAA0428840 LKMJ
MAAA0786675 SEPEPI TRADING AND PROJECT
MAAA0514160 ADIECTOR
MAAA0689191 LUVONOS TRADING ENTERPRISE
MAAA0377611 QUELLE PROJECTS
MAAA0053871 MVELEDZISO TRADING AND PROJECTS
MAAA0698066 SIZOPHIMELELA
MAAA0472453 MSINDISI WAMI TRADING ENTERPRISE
MAAA0844493 NTM24
MAAA0038307 VHUSO GENERAL TRADING
MAAA0225529 FUNCTIONS WE DO
MAAA0726055 BINZOKHULU
MAAA0833190 COLAFE TRADING ENTERPRISE
MAAA0155408 ANOTHE TRADING ENTERPRISE
MAAA0705431 BUHLENENGCEBO
MAAA0159489 ISIPHAKAMISO TRADING ENTERPRISE
MAAA0801006 ZAKHE M
MAAA1009742 LMK LOGISTICS
MAAA0002818 LINTE
MAAA0772037 ZAMANI SWELA
MAAA0316661 OMPIE AND SONS CONSTRUCTION
MAAA0035694 SAGINIX
MAAA0754619 EZOHLASE
MAAA0839610 UMHLOZANE TRADING
Respondents are required to indicate if the offered products/services comply with all the Specifications set by Transnet by
indicating “Comply” next to each of the specification items mentioned below.
Any deviations from Transnet’s requirement must be indicated under the column provided.
Note: Failure to duly complete and submit this form and fully comply with the requirements below will result
in the respondent’s disqualification. This Annexure will be evaluated under Step Three -
Technical/Functionality Criteria (Phase 1)
Compliance
Specification Comments
response
Compliance to statutory
labour requirements
Compliance to
Occupational Health and
Safety Act 85 of 1993
Compliance
Specification Comments
response
Compliance to
Occupational Health and
Safety Act 85 of 1993
continued
Public Liability
Site file
• Department of Labour
documents e.g. COIDA, UIF
and etc.
• Environmental Management
Plan
•Incident register
Compliance
Specification Comments
response
To add on after
commencement:
Equipment and
Consumables
Compliance
Specification Comments
response
Adherence to Quality
Standards
Compliance
Specification Comments
response
Hygiene Maintenance
Programme
This Annexure will be evaluated under Step Three -Technical/Functionality Criteria (Phase 2)
The bidder’s relevant experience in the provision of Hygiene service in a single or multiple contracts at commercial,
public or industrial establishments
Note to bidders:
• Bidder must provide reference letter/s from current and previous client/s. Letter/s must be on client’s
company letterhead and signed; and shall contain detail on (i) the type of service provided (ii) duration of
the contract (iii) satisfaction with the service provided and (iv) detail of reference contact person. The
references must not be older than the past 5 years.
service
2 (20%) Two (2) References in the provision of hygiene service
1 (10%) One (1) Reference in the provision of hygiene service
0 (0%) Not submitted or No previous experience
All Supervisors must be well trained and competent in the application of hygiene and sanitation services.
Note to bidders:
Bidder’s planned resource allocation to deliver good quality Hygiene service and meet the Hygiene standards.
Note to bidders:
Bidders to provide a detailed waste management plan indicating the safe disposal of waste. The plan should address
the following items:
3. Indicate the process of dealing with waste collection, treatment of waste and cooperation between
municipalities
4. Identify the waste destinations and transport modes, including what materials are being segregated on site
for reuse or recycling.
7. Describe communication and training to support and encourage participation from everyone on site (Service
Provider and Transnet).
10. Record keeping to the amount of waste disposed and safe disposal certificates
11. How to deal with spillages of the hazardous waste
(a) Measures to ensure service continuity includes but not limited to:
(i) induction programme
(c) Training plan includes formal and on the job training but not limited to:
(i) Occupational Health and Safety
Note to bidders:
Provide documented Hygiene Service Implementation plan fully addresses listed requirements:
1. Scope of Work
1.1. The service provider shall be responsible for such but not limited to activities and services:
• Supply, installation and maintenance of hygiene equipment.
• Supply of hygiene consumables: supply and refill consumables in accordance to the Hygiene
consumables supply schedule tendered
• The maintenance of SHE bins: sanitizing and maintenance schedule shall be in accordance to
schedule proposed in the tender. Units shall be installed where similar items were previously,
alternatively where indicated by Real Estate representative. The contractor shall have all units fully
installed and functional within 7 days of being awarded the contract.
• The service provider shall provide deep cleaning and sanitizing toilet and shower facilities.
• The Service provider shall ensure cleanliness and good hygiene of rest rooms and facilities
• Deep clean of hand basins, urinals, shower drains, toilet pans and rims, cleaning of kitchen drains
and kitchen sinks.
• The contractor shall use environmentally friendly SABS approved material/chemicals to get rid of
odour causing organisms and prevent odours.
• Personnel shall at all times make use of appropriate signage to indicate work in progress e.g.
wet/slippery floor.
• The service provider shall render good quality service that is compliant with what has been specified in
this document.
• The service provider will at all times use good quality, safe and environmentally friendly equipment and
materials.
• Material and equipment shall comply with SABS specification where applicable.
• The service provider must in all respects comply with applicable laws and regulations including all
applicable health and safety regulation, standards and procedures.
• The service provider shall ensure that defective equipment is timely repaired or replaced within 24
hours from having been reported.
• Ensure all consumables are timely refiled: Repairs and replacement of defective equipment, and refill of
consumables shall be in accordance with repairs and replacement schedule proposed.
• The service provider must comply with the OHS Act.
• Bidders are required to provide a SHE waste removal and disposal methodology and proof that SHE
waste will be disposed to an authorized waste disposal site.
The Contractor shall be required to provide checklist for guidance and utilization for pest control audit of
premises.
• Transnet undertakes to provide lighting, water and electricity that the contractor may require to carry
out the service.
• Provide storage and other personal facilities during the course of service.
• Transnet shall monitor the cleaning activities to ensure adherence to the agreement.
5 Personnel requirements
5.1 Personnel
• Shall be observant, keen, alert, willing and pleasant; and adequately trained to guarantee a high
cleaning standard;
• And furthermore display transparency and openness for constructive feedback.
• All personnel shall at all time utilize gloves and other safety equipment during service.
The Supervisor, who has sound knowledge and experience in supervising cleaning works for high quality
building, shall supervise all daily operations at the Contractor’s own cost. Such Supervisor shall be on the
premises daily to report and where possible remedy daily faults or irregularities which may affect daily
operation.
6. Staff compliment
The average staff complement is as indicative number based on historic service level requirements.
2.1 Removal of all bacteria and uric acid encrustation from all areas toilet bowls and
Weekly
urinals
2.2 Eradication of all scale deposits and algae from wash-hand basins, showers, tiles and
weekly
sinks etc.
2.3 Clean and disinfect all surfaces and remove all depWeekly
2.4 Disinfect all walls, mirrors, floors and doors etc. weekly
3. Sanitizer Units
Urinals and toilet bowls must have sanitizer units fitted and serviced. The provider shall
ensure that the units are functional on a full time basis and they are serviced regularly,
taking into consideration the number of personnel occuWeekly
in the attached Schedule.
• Treat against staining, fungal and bacterial growth.
4. Urinals to be filtered with odour reducing mats- replace.monthly
All wash hand basins must have wall mounted hand soap dispensers with foam soap
of high standard. The service provider shall ensure that the units are serviced regularly
weekly
taking into consideration the total number of personnel that occupies the building, as
stipulated in the attached schedule
8. Every enclosed area with toilets must have wall mounted automated
air sanitizers/fresheners and serviced in accordance with the lifespan
monthly
of each air freshener. The Service provider shall ensure that the units
are fully functional on a permanent basis.
The following other terms and conditions to the contract shall also apply:-
Breach of contract
The client, Transnet will be allowed to terminate the contract by giving 30 (thirty) day notice should the service
rendered not be according to the laid-down specifications and the client’s full satisfaction.
Payment
All suppliers shall be paid within 30 days from date of receipt of invoice by the Transnet Freight Rail Accounting,
Johannesburg office, following acceptance of service by Transnet Freight Rail.
An original invoice, must be submitted with a signed “ORIGINAL SERVICE/TREATMENT REPORT” Quoting the station
Name, Building Asset Number, Purchase Order and Contact Number.
Safety Regulations
The contractor is required to form part of Transnet’s program for health and safety according to OHS Act 85 of 1993.
While Transnet Freight Rail will encourage and enforce safe labour practices where possible, the contractor remains
fully responsible and liable for any injuries that might be sustained by the contractor’s personnel as a result of or
during the performance of their duties.
Equipment
The contractor shall provide and maintain his/her own equipment throughout the duration of the contract.
The contractor shall provide chemicals and materials needed to satisfy the conditions of the contract. Cleaning
materials/chemicals shall be of a standard and quality acceptable to Transnet Freight Rail and by agreement with
Real Estate Management, shall not pose a health risk to personnel or clients, and shall be cost-effective.
The manager responsible for each area may specify products that have been found to be effective for the purpose, in
which case details will be provided and prices should be adjusted accordingly.
All materials/chemicals supplied in the catering areas must meet with the necessary food and safety and health laws
regulations and standards.
The contractor must have HACCP (hazard analysis and critical control points) compliant and certified.
[October 2020]
TABLE OF CONTENTS
1 DEFINITIONS
2 GENERAL
3 SUBMITTING OF BID DOCUMENTS
4 USE OF BID FORMS
5 BID FEES
6 VALIDITY PERIOD
7 SITE VISITS / BRIEFING SESSIONS
8 CLARIFICATION BEFORE THE CLOSING DA
9 COMMUNICATION AFTER THE CLOSING DA
10 UNAUTHORISED COMMUNICATION ABOUT
11 RETURNABLE DOCUMENTS
12 DEFAULTS BY RESPONDENTS
13 CURRENCY
14 PRICES SUBJECT TO CONFIRMATION
15 ALTERATIONS MADE BY THE RESPONDENT
16 EXCHANGE AND REMITTANCE
17 ACCEPTANCE OF BID
18 NOTICE TO UNSUCCESSFUL RESPONDENT
19 TERMS AND CONDITIONS OF CONTRACT
20 CONTRACT DOCUMENTS
21 LAW GOVERNING CONTRACT
22 IDENTIFICATION
23 RESPONDENT'S SAMPLES
24 SECURITIES
25 PRICE AND DELIVERY BASIS FOR GOODS
26 EXPORT LICENCE
27 QUALITY OF MATERIAL
28 DELETION OF ITEMS EXCLUDED FROM BID
29 VALUE-ADDED TAX
30 IMPORTANT NOTICE TO RESPONDENTS R
31 CONTRACT QUANTITIES AND DELIVERY R
32 PLANS, DRAWINGS, DIAGRAMS, SPECIF
33 BIDS BY OR ON BEHALF OF FOREIGN RES
34 DATABASE OF RESTRICTED SUPPLIERS
35 PROTECTION OF PERSONAL DATA
36 CONFLICT WITH ISSUED RFX DOCUMENT
Page 2 of 13
1 DEFINITIONS
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10 Services shall mean the services required by Transnet as specified in its Bid Document;
1.11 Service Provider or Supplier shall mean the successful Respondent;
1.12 Tax Invoice shall mean the document as required by Section 20 of the Value-Added Tax Act, 89 of
1991, as may be amended from time to time;
1.13 Transnet shall mean Transnet SOC Ltd, a State Owned Company; and
1.14 VAT shall mean Value-Added Tax in terms of the Value-Added Tax Act, 89 of 1991, as may be
amended from time to time.
2 GENERAL
All Bid Documents and subsequent contracts and orders shall be subject to the followin
as laid down by Transnet and are to be strictly adhered to by any Respondent to this R
3 SUBMITTING OF BID DOCUMENTS
3.1 A Bid, which shall hereinafter include reference to an RFP or RFQ, shall be submitted to
later than the closing date and time specified in accordance with the directions issued i
Documents. Late Bids will not be considered.
3.2 The Bid Documents must be completed in their entirety and Respondents are required
their Bid submissions legibly in non-erasable ink.
3.3 Bids shall be delivered in a sealed envelope in accordance with the instructions indicate
Documents with the Bid number and subject marked on the front of the envelope.
3.4 The Respondent’s return address must be stated on the reverse side of the sealed enve
4 USE OF BID FORMS
4.1 Where special forms and/or formats are issued by Transnet for the submission of Bids,
are required to submit their Bids by completion of the appropriate sections on such offi
and/or formats and not in other forms and/or formats or documents bearing their own
conditions of contract. Non-compliance with this condition may result in the rejection o
4.2 Respondents must note that the original Bid forms and/or formats must be completed
Page 3 of 13
4.3 Only if insufficient space has been allocated to a particular response may a Responden
additional information under separate cover using the Company’s letterhead. This must
referenced in the RFX.
5 BID FEES
5.1 A non-refundable fee may be charged for Bid Documents, depending on the administra
preparing and issuing the Bid Document provided the Bid Documents are also made av
charge on the National Treasury eTender Publication Portal.
6 VALIDITY PERIOD
6.1 The Respondents must hold their Bid valid for acceptance by Transnet at any time with
requested validity period after the closing date of the bid.
6.2 Respondents may be requested to extend their validity period for a specified additional
such instances, Respondents will not be allowed to change any aspect of their Bid, unle
able to demonstrate that the proposed change/s is as a direct and unavoidable consequ
Transnet’s extension of the validity period.
7 SITE VISITS / BRIEFING SESSIONS
Respondents may be requested to attend a site visit or briefing session where it is necessary to view the site
in order to prepare their Bids, or where Transnet deems it necessary to provide Respondents with further
information to allow them to complete their Bids properly. Where such visits or sessions are indicated as
compulsory in the RFX Document, Respondents are obliged to attend these meetings as failure to do so will
result in their disqualification.
8 CLARIFICATION BEFORE THE CLOSING DATE
Should clarification be required on any aspect of the Bid before the closing date, the Re
such queries to the contact person listed in the RFX Document in the stipulated manne
9 COMMUNICATION AFTER THE CLOSING DATE
After the closing date of a Bid (i.e. during the evaluation period) the Respondent may o
the Chairperson or the Secretary of the relevant Acquisition Council.
10 UNAUTHORISED COMMUNICATION ABOUT BIDS
Where Bids are submitted to the Secretary of an Acquisition Council, Respondents may at any time
communicate with the Secretary on any matter relating to its Bid but, in the absence of written authority
from the Secretary, no communication on a question affecting the subject of a Bid shall take place between
Respondents or other potential service providers or any member of the Acquisition Council or official of
Transnet during the period between the closing date for the receipt of the Bid and the date of the
notification of the successful Respondent(s). A Bid, in respect of which any such unauthorised
communication has occurred, may be disqualified.
11 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.
Page 4 of 13
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 th
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.
16.1 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.
Page 5 of 13
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. 89 of 1991 [VAT Act].
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.
18.1 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.
19.1 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 /
intent, 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/Intent, shall
constitute a binding contract until the final contract is signed.
The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The
domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the
Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to
Page 6 of 13
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.
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 sa
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 goo
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 Docum
24.4 For the purpose of clause 24.124.1 above, Transnet will supply a Deed of Suretyship fo
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.
Page 7 of 13
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 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:
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.
a) the invoicing by a South African Service Provider on behalf of its foreign principal rende
such Service represents a Service rendered by the principal; and
b) the Service Provider’s Tax Invoice(s) for the local portion only [i.e. the "commission" fo
Services rendered locally] must show the VAT separately.
30 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT
30.1 Method of Payment
a) The attention of the Respondent is directed to the Terms and Conditions of Contract w
Page 8 of 13
Transnet General Bid Conditions
b) However, in addition to the aforegoing the Respondent is invited to submit offers based
alternative methods of payment and/or financing proposals.
c) The Respondent is required to give full particulars of the terms that will be applicable t
alternative offer(s) and the financial merits thereof will be evaluated and taken
consideration when the Bid is adjudicated.
d) The Respondent must, therefore, in the first instance, tender strictly in accordance with
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.
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.
definitive quantity under any contract which may be entered into pursuant to this Bid, the
successful Respondent nevertheless undertakes to supply against the contract such quantities
as may be ordered against the contract, which orders are posted or delivered by hand or
transmitted electronically on or before the expiry date of such contract.
b) It is furthermore a condition that Transnet will not accept liability for any material/stock
specially ordered or carried by the Respondent with a view to meeting the requirement
any such contract.
c) The estimated planned quantities likely to be ordered by Transnet per annum are furni
relevant section of the Bid Documents. For avoidance of doubt the estimated quantities
estimates and Transnet reserves the right to order only those quantities sufficient for it
operational requirements.
31.2 Delivery Period
a) Period Contracts and Fixed Quantity Requirements
It will be a condition of any resulting contract/order that the delivery period embodied
will be governed by the provisions of the Terms and Conditions of Contract.
b) Progress Reports
The Supplier/Service Provider may be required to submit periodical progress reports wi
regard to the delivery of the Goods/Services.
c) Emergency Demands as and when required
Page 9 of 13
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 Total or Partial Failure to Perform the Scope of Supply section in the Terms and Conditions
of Contract will not be applicable in these circumstances.
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.
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.
33.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South
African representative or agent to the Secretary of the Acquisition Council or to a 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
Page 10 of 13
Transnet by the South African representative or agents authorising them to enter into and sign such
contract.
a) Such Power of Attorney must comply with Rule 63 (Authentication of documents execu
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 o
Supreme Court of South Africa.
b) The Power of Attorney must be signed by the principal under the same title as used in
Documents.
c) If a Power of Attorney held by the South African representative or agent includes matte
general nature besides provision for the entering into and signing of a contract with Tra
a certified copy thereof should be furnished.
d) The Power of Attorney must authorise the South African representative or agent to cho
33.5 If payment is to be made in South Africa, the foreign Supplier/Service Provider [i.e. the
its South African agent or representative], must notify Transnet in writing whether, for payment by
electronic funds transfer [EFT]:
a) funds are to be transferred to the credit of the foreign Supplier/Service Provider's accou
bank in South Africa, in which case the name and branch of such bank shall be furnishe
b) funds are to be transferred to the credit of its South African agent or representative, in
33.6 The attention of the Respondent is directed to clause 24 above [Securities] regarding t
security for the fulfilment of contracts and orders and the manner and form in which such security is
to be furnished.
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.
35.1 Both Parties agree that they may obtain and have access to personal data as a result of the Bid
process. The Parties shall at all times ensure that:
a) they process data only for the express purpose for which it was obtained;
b) once processed for the purposes for which it was obtained, all data will be destroyed to an extent
that it cannot be reconstructed to its original form;
c) data is provided only to authorised personnel who strictly require the personal data to carry out
the Parties’ respective obligations in terms of the Bid process;
d) they do not disclose personal data of the other Party, other than as agreed in paragraph 37.3
below;
Page 11 of 13
e) they have all reasonable technical and organisational measures in place to protect all personal
data from unauthorised access and/or use;
f) they have appropriate technical and organisational measures in place to safeguard the
integrity and authenticity of all data in its possession or under its control as a result of the Bid
process;
g) such personal data is protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access.
35.2 The Parties agree that if personal data will be processed for additional purposes beyon
purpose for which it was obtained, explicit consent must be obtained beforehand from those persons
whose information will be subject to further processing.
35.3 Should it be necessary for either Party to disclose or otherwise make available the pers
any third party (including sub-contractors and employees), it may do so only with the prior written
permission of the other Party. The Party requiring such permission shall require of all such third
parties, appropriate written undertakings to be provided, containing similar terms to that set forth in
this paragraph 37, and dealing with that third party's obligations in respect of its processing of the
personal data. Following approval by the other Party, the Party requiring permission agrees that the
provisions of this clause 37 shall mutatis mutandis apply to all authorised third parties who process
personal data.
35.4 The Parties shall ensure that any persons authorized to process data on their behalf (in
employees and third parties) will safeguard the security, integrity and authenticity of all data. Where
necessary to meet this requirement, the Parties shall keep all personal data and any analyses,
profiles, or documents derived therefrom logically separated from all other data and documentation
held by it.
35.5 The Parties shall carry out regular assessments to identify all reasonably foreseeable in
external risks to the personal data in its possession or under its control. The Parties shall implement
and maintain appropriate safeguards against the risks which it identifies and shall also regularly verify
that the safeguards which it has in place has been effectively implemented.
35.6 The Parties agree that they will promptly return or destroy any personal data in their p
control which belongs to the other Party once it no longer serves the purpose for which it was
collected in relation to the Bid process, subject to any legal retention requirements. This may be at
the request of the other Party and includes circumstances where a person has requested the Parties
to delete all instances of their personal data. The information will be destroyed in such a manner that
it cannot be reconstructed to its original form, linking it to any particular individual or organisation.
35.7 Personal Information security breach: Respondent’s Obligations
a) The Respondent is required to notify the Information Officer of Transnet, in writing as soon as
possible after it becomes aware of or suspects any loss, unauthorised access or unlawful use of
any personal data and shall, at its own cost, take all necessary remedial steps to mitigate the
extent of the loss or compromise of personal data as quickly as is possible. The Respondent shall
also be required to provide Transnet with details of the persons affected by the compromise and
the nature and extent of the compromise, including details of the identity of the unauthorised
person who may have accessed or acquired the personal data.
b) The Respondent shall provide on-going updates on its progress in resolving the compromise at
reasonable intervals until such time as the compromise is resolved.
Page 12 of 13
c) Where required, the Respondent may be required to notify the South African Police Service;
and/or the State Security Agency and where applicable, the relevant regulator and/or the affected
persons of the security breach. Any such notification shall always include sufficient information to
allow the persons to take protective measures against the potential consequences of the
compromise.
d) The Respondent undertakes to co-operate in any investigation relating to security which is carried
out by or on behalf of Transnet including providing any information or material in its possession or
control and implementing new security measures.
36.1 Should a conflict arise between these General Bid Conditions and the issued RFX document, the
conditions stated in the RFX document shall prevail.
oooOOOooo
Page 13 of 13
MASTER AGREEMENT
and
Master Agreement
October 2020
1 INTRODUCTION
2 DEFINITIONS
3 INTERPRETATION
4 NATURE AND SCOPE
5 AUTHORITY OF PARTIES
6 DURATION/TERM AND CANCELLATION
7 RISK MANAGEMENT
8 TRANSNET’S OBLIGATIONS
9 GENERAL OBLIGATIONS OF THE SUPPLIER
10 SERVICE PROVIDER’S PERSONNEL
11 SUBCONTRACTING
12 PAYMENT TO SUB-CONTRACTORS
13 B-BBEE AND SOCIO-ECONOMIC OBLIGATI
14 FEES AND EXPENSES RELATING TO SERVI
15 INVOICES AND PAYMENT
16 PRICE ADJUSTMENTS
17 WARRANTIES APPLICABLE TO SERVICES
18 THIRD PARTY INDEMNITY
19 TOTAL OR PARTIAL FAILURE TO PERFORM
20 RIGHTS ON CANCELLATION
21 BREACH AND TERMINATION
22 CESSION
23 FORCE MAJEURE
24 PROTECTION OF PERSONAL DATA
25 CONFIDENTIALITY
26 INSURANCES
27 LIMITATION OF LIABILITY
28 INTELLECTUAL PROPERTY RIGHTS
29 NON-WAIVER
30 PARTIAL INVALIDITY
31 DISPUTE RESOLUTION
32 ADDRESSES FOR NOTICES
33 WHOLE AND ONLY AGREEMENT
34 AMENDMENT AND CHANGE CONTROL
35 GENERAL
36 DATABASE OF RESTRICTED SUPPLIER
1 INTRODUCTION
Transnet SOC Ltd [Registration Number 1990/000900/30] whose registered address is 15 Girton Road,
Parktown, Johannesburg, 2001, Republic of South Africa [Transnet]
and
1.1
meaning assigned thereto in this clause, except where the context clearly requires othe
2.1 AFSA means the Arbitration Foundation of South Africa;
2.2
appendices, and/or schedules, including the Schedule of Requirements/Work Orders, the technical
specifications for the Goods/Services and such special conditions as shall apply to this Agreement,
together with the General Tender Conditions and any additional provisions in the associated bid
documents tendered by the Service Provider [as agreed, in writing, between the Parties], which
collectively and exclusively govern the provision of Services and provision of ancillary Services by
the Service Provider to Transnet;
2.3 Background Intellectual Property means all Intellectual Property introduced and required by
either Party to give effect to their obligations under this Agreement owned in whole or
or licensed to either Party or their affiliates prior to the Commencement Date or develo
the Commencement Date otherwise pursuant to this Agreement;
2.4 Business Day(s) means Mondays to Fridays between 07:30 and 16:00, excluding public holiday
as proclaimed in South Africa;
2.5 Commencement Date means …………, notwithstanding the signature date of this Agreement;
2.6 Confidential Information means any information or other data, whether in written, oral,
graphic or in any other form such as in documents, papers, memoranda, corresponden
notebooks, reports, drawings, diagrams, discs, articles, samples, test results, prototype
plans, formulae, patents, or inventor’s certificates, which a Party discloses or provides t
Transnet Agreement No HOAC-EMU-34372-MM-147 Page 3 of 30
the other Party to visit any of its premises], or which otherwise becomes known to a Party, and
which is not in the public domain and includes, without limiting the generality of the term:
a) information relating to methods of operation, data and plans of the disclosing Party;
b) the contents of this Agreement;
c) private and personal details of employees or clients of the disclosing Party or any other
person where an onus rests on the disclosing Party to maintain the confidentiality of su
information;
d) any information disclosed by either Party and which is clearly marked as being confiden
or secret;
e) information relating to the strategic objectives and planning of the disclosing Party rela
to its existing and planned future business activities;
f) information relating to the past, present and future research and development of the
disclosing Party;
g) information relating to the business activities, business relationships, products, services
customers, clients and Subcontractors of the disclosing Party where an onus rests on th
disclosing Party to maintain the confidentiality of such information;
h) information contained in the software and associated material and documentatio
belonging to the disclosing Party;
i) technical and scientific information, Know-How and trade secrets of a disclosing Party
including inventions, applications and processes;
j) Copyright works;
k) commercial, financial and marketing information;
l) data concerning architecture, demonstrations, tools and techniques, processes, machin
and equipment of the disclosing Party;
m) plans, designs, concepts, drawings, functional and technical requirements a
specifications of the disclosing Party;
n) information concerning faults or defects in Goods, equipment, hardware or software or
incidence of such faults or defects; and
o) information concerning the charges, fees and/or costs of the disclosing Party or its
authorised Subcontractors, or their methods, practices or service performance levels
actually achieved;
2.7 Copyright means the right in expressions, procedures, methods of operations or mathematical
concepts, computer program codes, compilations of data or other material, literary works, musical
works, artistic works, sound recordings, broadcasts, program carrying signals, published editions,
photographic works, or cinematographic works of the copyright owner to do or to authorise the
doing of certain acts specified in respect of the different categories of works;
2.8 Data means all data, databases, documents, information, graphics, text or other material in an
electronic or tangible medium which the Parties to this Agreement generate, collect, pr
or transmit in relation to their business;
2.11 Foreground Intellectual Property means all Intellectual Property developed by either Party
pursuant to this Agreement;
2.12 ICC Incoterms means the the latest version of commercial trade terms as published by the
International Chamber of Commerce, Paris [ICC], which are otherwise referred to as purchase
terms and which define precisely the responsibilities, costs and risks of the buyer [Transnet] and
the seller [the Supplier]. Incoterms are only applicable to contracts involving the import or
export of Goods from one country to another and for the purpose of this Agreement, if applicable,
shall mean the designated Incoterm as stipulated in Schedule 1 hereto. Further details of the
Incoterm [purchase terms] for this Agreement, if applicable, can be viewed at the International
Business Training website - http://www.i-b-t.net/incoterms.html;
2.13 Intellectual Property means Patents, Designs, Know-How, Copyright and Trade Marks and all
rights having equivalent or similar effect which may exist anywhere in the world and includes all
future additions and improvements to the Intellectual Property;
2.14 Know-How means all Confidential Information of whatever nature relating to the Intellectual
Property and its exploitation as well as all other Confidential Information generally relating to
Transnet’s field of technology, including technical information, processing or manufacturing
techniques, Designs, specifications, formulae, systems, processes, information concerning
materials and marketing and business information in general;
2.15 Parties mean the Parties to this Agreement together with their subsidiaries, divisions, business
units, successors-in-title and assigns;
2.17 Patents mean registered Patents and Patent applications, once the latter have proceeded to
grant, and includes a right granted for any inventions, products or processes in all fields of
technology;
2.18 Permitted Purpose means any activity or process to be undertaken or supervised by a Staff
member of one Party during the term of this Agreement, for which purpose authorised disclosure
of the other Party’s Confidential Information or Intellectual Property is a prerequisite in order to
enable such activity or process to be accomplished;
2.19 Price(s) means the agreed Price(s) for the Goods/Services to be purchased from the
Supplier/Service Provider by Transnet, as detailed in the Schedule of Requirements, issued in
accordance with this Agreement, as amended by mutual agreement between the Parties and in
accordance with the terms and conditions in this Agreement from time to time;
2.20 Purchase Order(s) means official orders issued by an operating division of Transnet to the
Supplier/Service Provider for the supply of Goods or Services;
2.21 Service(s) means Provision of Hygiene and Sanitation services, the Service(s) provided to
Transnet by the Service Provider, pursuant to the Work Order(s) in terms of this Agreement;
indicators and performance standards relating to the Services to be provided by the Service
Provider;
2.23 Service Provider Materials means all works of authorship, products and materials [including,
but not limited to, data, diagrams, charts, reports, specifications, studies, inventions, software,
software development tools, methodologies, ideas, methods, processes, concepts and techniques]
owned by, or licensed to, the Service Provider prior to the Commencement Date or independently
developed by the Service Provider outside the scope of this Agreement at no expense to Transnet,
and used by the Service Provider in the performance of the Services;
2.24 Staff means any partner, employee, agent, consultant, independent associate or contractor,
Subcontractor and the staff of such Subcontractor, or other authorised representative of either
Party;
2.26 Subcontract means any contract or agreement or proposed contract or agreement between the
Supplier/Service Provider and any third party whereby that third party agrees to provide to the
Supplier the Goods or related Services or any part thereof or material used in the manufacture of
the Goods or any part thereof;
2.27 Subcontractor means the third party with whom the Supplier/Service Provider enters into a
Subcontract;
2.28 Tax Invoice means the document as required by Section 20 of the VAT Act, as may be amended
from time to time;
2.29 Trade Marks mean registered Trade Marks and Trade Mark applications and include any sign o
logo, or combination of signs and/or logos capable of distinguishing the goods or services of one
undertaking from those of another undertaking;
2.30 VAT means Value-Added Tax chargeable in terms of the VAT Act, 89 of 1991, as may be
amended from time to time; and
2.31 VAT Act means the Value Added Tax Act, No 89 of 1991, as may be amended from time to tim
2.32 Work Order(s) means a detailed scope of work for a Service required by Transnet, including
timeframes, Deliverable, Fees and costs for the supply of the Service to Transnet, which may be
appended to this Agreement from time to time.
3 INTERPRETATION
3.1 Clause headings in this Agreement are included for ease of reference only and do not f
this Agreement for the purposes of interpretation or for any other purpose. No provisio
construed against or interpreted to the disadvantage of either Party hereto by reason o
Party having or being deemed to have structured or drafted such provision.
3.2 Any term, word or phrase used in this Agreement, other than those defined under the c
heading “Definitions” shall be given its plain English meaning, and those terms, words
and phrases used in this Agreement will be interpreted in accordance with the generall
meanings accorded thereto.
3.3 A reference to the singular incorporates a reference to the plural and vice versa.
3.4 A reference to natural persons incorporates a reference to legal persons and vice versa
Transnet Agreement No HOAC-EMU-34372-MM-
Provider will arrange for the supply/provision to Transnet of the Goods/Services which meet the
requirements and specifications of Transnet, the delivery of which is controlled by means of
Purchase Orders to be issued by Transnet and executed by the Supplier/Service Provider in
accordance with this Agreement.
4.2 Such Purchase Orders and deliveries to Transnet shall be agreed between the Parties fr
time, subject to the terms of the Schedule of Requirements/Work Order.
4.3 Each properly executed Purchase Order forms an inseparable part of this Agreement as
fully incorporated into the body of this Agreement.
4.4 During the period of this Agreement, both Parties can make written suggestions for am
to the Schedule of Requirements/Work Orders in accordance with procedures set out in
[Amendment and Change Control]. A Party will advise the other Party within 14 [fourte
Business Days, or such other period as mutually agreed, whether the amendment is ac
4.5 Insofar as any term, provision or condition in the Schedule of Requirements/Work Orde
with a like term, provision or condition in this Agreement and/or a Purchase Order, the term or
provision or condition in this Master Agreement shall prevail, unless such term or provision or
condition in this Master Agreement has been specifically revoked or amended by mutual written
agreement between the Parties.
4.6 Time will be of the essence and the Supplier/Service Provider will perform its obligation
this Agreement in accordance with the timeframe(s) [if any] set out in the relevant schedule, save
that the Supplier/Service Provider will not be liable under this clause if it is unable to meet such
obligation within the time required as a direct result of any act or omission by Transnet and it has
used its best endeavours to advise Transnet of such act or omission. In the event of such delay,
any time deadlines detailed in the relevant schedule shall be extended by a period equal to the
period of that delay.
5 AUTHORITY OF PARTIES
5.1 Nothing in this Agreement will constitute or be deemed to constitute a partnership betw
Parties, or constitute or be deemed to constitute the Parties as agents or employees of
another for any purpose or in any form whatsoever.
5.2 Neither Party shall be entitled to, or have the power or authority to:
in writing. The purposes of these progress meetings shall be to capture the number of late
deliverables against agreed milestones, actual costs against payment plans, performance issues or
concerns, contract requirements not achieved, the status of previous corrective actions and risk
management. Minutes of meetings shall be maintained and signed off between the Parties
throughout the contract period
8 TRANSNET’S OBLIGATIONS
8.1 Transnet undertakes to promptly comply with any reasonable request by the Supplier/S
Provider for information, including information concerning Transnet's operations and activities,
that relates to the Goods/Services as may be necessary for the Supplier/Service Provider to
provide the Goods/Services, but for no other purpose. However, Transnet's compliance with any
request for information is subject to any internal security rules and requirements and subject to
the observance by the Supplier/Service Provider of its confidentiality obligations under this
Agreement.
8.2 The Supplier/Service Provider shall give Transnet reasonable notice of any information
8.3 Transnet agrees to provide the Supplier/Service Provider or its Personnel such access t
of its facilities as is necessary to allow the Supplier/Service Provider to perform its oblig
under this Agreement.
9 GENERAL OBLIGATIONS OF THE SUPPLIER/SERVICE PROVIDER
9.1 The Supplier/Service Provider shall:
a) respond promptly to all complaints and enquiries from Transnet;
b) inform Transnet immediately of any dispute or complaint arising in relation to the stora
or delivery of the Goods;
c) conduct its business in a professional manner which will reflect positively upon the
Supplier/Service Provider and the Supplier’s/Service Provider’s products/services;
Supplier Integrity Pact as agreed to in response to the RFP. The general purpose of the
Supplier Integrity Pact is to agree to avoid all forms of dishonesty, fraud and corruption by
following a system that is fair, transparent and free from any undue influence prior to,
during and subsequent to the currency of the procurement event leading to this Agreement
and this Agreement itself;
h) comply with all applicable environmental legislation and regulations, demonstrate soun
environmental performance and have an environmental management policy which ensures
that its products, including the Goods/Services or ancillary Services are procured,
produced, packaged, delivered and are capable of being used and ultimately disposed of in
a way that is environmentally appropriate; and
i) ensure the validity of all renewable certifications, including but not limited to its B-BBEE
Verification Certificate, throughout the entire term of this Agreement. Should the
Supplier/Service Provider fail to present Transnet with such renewals as they become due,
Transnet shall be entitled, in addition to any other rights and remedies that it may have in
terms of the Agreement, to terminate this Agreement forthwith without any liability and
without prejudice to any claims which Transnet may have for damages against the
Supplier/Service Provider.
9.2 The Supplier/Service Provider acknowledges and agrees that it shall at all times:
a) render the supply of the Goods/Services and ancillary Services (if applicable) and perfo
all its duties with honesty and integrity;
b) communicate openly and honestly with Transnet regarding the supply and performance
the Goods/Services and demonstrate a commitment to effecting the supply and perform
ancillary Services timeously, efficiently and at least to the required standards;
c) endeavour to provide the highest possible standards of service and workmanship, with
reasonable degree of care and diligence;
d) use its best endeavours and make every diligent effort to meet agreed deadlines;
e) treat its own Staff, as well as all Transnet’s Staff, with fairness and courtesy and respec
for their human rights;
f) practice and promote its own internal policies aimed at prohibiting and preventing unfa
discrimination;
g) treat all enquiries from Transnet in connection with the supply of the Goods/Services
and/or ancillary Services with courtesy and respond to all enquiries promptly an
Transnet Agreement No HOAC-EMU-34372-MM-147 Page 9 of 30
this clause, the Supplier/Service Provider will advise Transnet of the delay and the reasons
therefor and will keep Transnet informed of progress made regarding the enquiry;
obligations and commitments in terms of the provisions of the Income Tax Act, No 58 of
1962, the VAT Act or any other tax legislation relating to their liability for Income Tax, VAT,
Pay as You Earn or any other tax. The Supplier/Service Provider shall further ensure Tax
Clearance Compliance, for the duration of this Agreement;
p) shall ensure that its employees, agents and Subcontractors will not breach any applicab
discrimination legislation and any amendments and re-enactments thereof.
9.3 In compliance with the National Railway Safety Regulator Act, 16 of 2002, as may be a
from time to time, the Supplier shall ensure that the Goods/Services and ancillary Services, to be
supplied to Transnet under the terms and conditions of this Agreement, comply fully with the
Specifications as set forth in Schedule 1 hereto, and shall thereby adhere [as applicable] to
railway safety requirements and/or regulations. Permission for the engagement of a Subcontractor
by the Supplier, as applicable, shall be subject to a review of the capability of the proposed
Subcontractor to comply with the specified railway safety requirements and/or regulations. The
Supplier and/or its Subcontractor shall grant Transnet access, during the term of this Agreement,
to review any safety-related activities, including the coordination of such activities across all parts
of its organisation.
10.1 The Service Provider’s Personnel shall be regarded at all times as employees, a
Subcontractors of the Service Provider and no relationship of employer and employee shall arise
between Transnet and any Service Provider Personnel under any circumstances regardless of the
degree of supervision that may be exercised over the Personnel by Transnet.
10.2 The Service Provider warrants that all its Personnel will be entitled to work in South Afr
other country in which the Services are to be performed.
10.3 The Service Provider will ensure that its Personnel comply with all reasonable requirem
known to the Service Provider by Transnet concerning conduct at any Transnet premises or any
other premises upon which the Services are to be performed [including but not limited to security
regulations, policy standards and codes of practice and health and safety requirements]. The
Service Provider will ensure that such Personnel at all times act in a lawful and proper manner in
accordance with these requirements.
10.4 Transnet reserves the right to refuse to admit or to remove from any premises occupie
behalf of it, any Service Provider Personnel whose admission or presence would, in the reasonable
opinion of Transnet, be undesirable or who represents a threat to confidentiality or security or
whose presence would be in breach of any rules and regulations governing Transnet's Personnel,
provided that Transnet notifies the Service Provider of any such refusal [with reasons why]. The
reasonable exclusion of any such individual from such premises shall not relieve the Service
Provider from the performance of its obligations under this Agreement.
10.5 The Service Provider agrees to use all reasonable endeavours to ensure the continuity o
Personnel assigned to perform the Services. If any re-assignment by the Service Provider of those
Personnel is necessary, or if Transnet advises that any such Personnel assigned are in any respect
unsatisfactory, including where any such Personnel are, or are expected to be or have been
absent for any period, then the Service Provider will promptly supply a replacement of equivalent
calibre and experience, and any such replacement shall be approved by Transnet prior to
commencing provision of the Services, such approval not to be unreasonably withheld or delayed.
11 SUBCONTRACTING
11.1 The Supplier/Service Provider may only enter into a subcontracting arrangement or replace a
subcontractor with the approval of Transnet.
11.2 If the Supplier/Service Provider subcontracts a portion of the contract to another person without
declaring it to Transnet reserves the right to penalise the Supplier/Service Provider up to 10% of
the value of the contract.
11.3 Where the Supplier/Service Provider seeks to replace a subcontractor Transnet shall be entitled to
obtain representations or input from the initial subcontractor who was part of the tender process
whose credentials were used in the Supplier/Service Provider’s tender submission. Transnet shall
consider input from all parties concerned, in order to take a decision on the proposed replacement
of the subcontractor. The subcontracting arrangement or contract remains between the
Supplier/Service Provider (main contractor) and the subcontractor.
11.4 Should Transnet approve the Supplier’s/Service Provider’s subcontracting arrangement, the
Supplier/Service Provider and not the Sub-contractor will at all times be held liable for performance
in terms of its contractual obligations.
content of the overall value of the contract is reduced to below the stipulated minimum threshold.
11.6 The Supplier/Service Provider may not subcontract more than 25% of the value of the contract to
any other enterprise that does not have an equal or higher B-BBEE status level of contributor than
the Supplier/Service Provider, unless the contract is subcontracted to an Exempted Micro Enterprise
(EME) that has the capability and ability to execute the Subcontract.
12 PAYMENT TO SUB-CONTRACTORS
12.1 Transnet reserves the right, in its sole discretion, to make payment directly to th
the Supplier/Service Provider, subject to the following conditions:
a) Receipt of an undisputed invoice from the sub-contractor; and
b) Receipt of written confirmation from the Supplier/Service Provider that the amounts
claimed by the sub-contractor are correct and that the services for which the sub-
contractor has requested payment were rendered to the satisfaction of the Supplier/Service
Provider, against the required standards.
12.2 Nothing contained in this clause must be interpreted as bestowing on any sub-contractor a right or
legitimate expectation to be paid directly by Transnet. Furthermore, this clause does not bestow any
right or legitimate expectation on the Supplier/Service provider to demand that Transnet pay its
sub-contractor directly. The decision to pay any sub-contractor directly, remains that of Transnet
alone.
12.3 The Supplier/Service Provider remains liable for its contractual obligations under the Agreement,
including all services rendered by the sub-contractor.
12.4 This clause does not establish any contractual relationship between Transnet and any sub-
contractor of the Supplier/Service Provider, whatsoever.
e) In the event there is a change in the Supplier’s/ Service Provider’s B-BBEE status, then
provisions of clause 21 shall apply.
13.2 Green Economy/Carbon Footprint
a) The Supplier/Service Provider has in its bid provided Transnet with an understanding o
Supplier’s/Service Provider’s position with regard to issues such as waste disposal, recy
and energy conservation.
14 FEES AND EXPENSES RELATING TO SERVICES
14.1 In consideration of the provision of the Services, Transnet will pay to the Service Provider the
Fees detailed in the relevant schedule or Work Order.
14.2 Transnet will not be invoiced for materials used in the provision of the Services save for those
materials [if any] set out in the Work Order and accepted by Transnet or in any relevant Work
Order [which will be invoiced to Transnet at cost].
14.3 Unless otherwise agreed in a schedule or Work Order, Transnet will reimburse to the Service
Provider all reasonable and proper expenses incurred directly and solely in connection with the
provision of the Services, provided that all such expenses:
14.4 All Tax Invoices relating to Fees, out of pocket expenses and, if applicable, travel and
accommodation costs, will provide the detail for each of the Personnel carrying out the Services
and incurring the expenses, and the Tax Invoice will, where appropriate, include VAT as a
separate item.
undisputed Tax Invoice together with the supporting documentation, as specified in the
Schedule of Requirements appended hereto, once the valid and undisputed Tax Invoices or such
portions of the Tax Invoices which are valid and undisputed become due and payable to the
Supplier/Service Provider for the delivery of the Goods/Services ordered, in terms of clause 15.5
below.
15.3 Transnet may, pending an investigation, withhold any payments to the Supplier/
Provider, in the case where irregular expenditure has been identified in the particular c
15.4 All Prices set out in this Agreement and the Schedule of Requirements hereto are to be
inclusive and exclusive of VAT, which will be payable at the applicable rate in ZAR.
15.5 Unless otherwise provided for in the Schedule of Requirements appended to this Agree
Tax Invoices shall be submitted together with a month-end statement. Payment against such
month-end statement shall be made by Transnet within 30 [thirty] calendar days after date of
receipt by Transnet of the Supplier’s/Service Provider’s statement together with the relevant
valid and undisputed Tax Invoice(s) and supporting documentation.
15.6 Where the payment of any Tax Invoice, or any part of a Tax Invoice which is not in dis
not made in accordance with this clause, the Supplier/Service Provider shall be entitled to
charge interest on the outstanding amount, at The Standard Bank of South Africa’s prime rate of
interest in force, for the period from the due date of payment until the outstanding amount is
paid.
15.7 The Supplier/Service Provider shall remain the owner of all plant, material, mac
equipment and the like [collectively, the Supplier’s Goods] provided to Transnet until
Transnet has paid in full for the Supplier’s Goods, it being specifically agreed that Transnet shall
acquire no rights [including liens] of whatsoever nature in such Supplier’s Goods until date of
final payment by Transnet. Subject to the aforegoing, all risk and benefit to the Supplier’s Goods
shall pass from the Supplier to Transnet on delivery of the Supplier’s Goods by the Supplier to
Transnet.
16 PRICE ADJUSTMENTS
16.1 Prices for Services supplied in terms of this Agreement shall not be subject to review as
indicated in the Schedule of Requirements annexed hereto.
16.2 If during the period of this Agreement Transnet can purchase similar Goods/Services of
quality from another supplier at a total delivered cost to a Transnet facility that is lower than the
total delivered cost of the Goods/Services purchased hereunder from the Supplier/Service
Provider, Transnet may notify the Supplier/Service Provider of such total delivered cost and the
Supplier/Service Provider shall have an opportunity to adjust the Price of the Goods/Services
purchased hereunder, on such a basis as to result in the same total delivered cost to Transnet,
within 30 [thirty] calendar days of such notice. If the Supplier/Service Provider fails to do so or
cannot legally do so, Transnet may (i) purchase the Goods/Services from such other supplier in
which case the obligations, including, but not limited to, any purchase and sale requirements
and/or commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be
reduced accordingly; (ii) terminate this Agreement without any penalty, liability or further
obligation; or (iii) continue purchases under this Agreement.
16.3 If during the period of this Agreement the Supplier/Service Provider sells any materials
are the same as, equivalent to, or substantially similar to the Goods/Services herein, at a total
delivered cost to a third party lower than the total delivered cost to a Transnet facility, then the
Supplier/Service Provider has an opportunity to adjust its Price for the Goods/Services purchased
hereunder within 30 [thirty] calendar days so that the Price is the same or lower than the total
delivered cost of such third party. If the Supplier/Service Provider fails to do so or cannot legally
case the obligations, including, but not limited to, any purchase and sale requirements and/or
commitments, if any, of Transnet and the Supplier/Service Provider hereunder shall be reduced
accordingly; or (ii) terminate this Agreement without any penalty, liability or further obligation.
Within 30 [thirty] calendar days of the Commencement Date of this Agreement or at any time
Transnet so requests, the Supplier/Service Provider shall certify in writing to Transnet that it is in
compliance with this clause and shall provide all information that Transnet reasonably requests
in order to verify such compliance.
17.2 The Service Provider warrants that it will perform its obligations under this Agreement
accordance with the Service Levels as defined in the relevant schedule. Transnet may at its
discretion audit compliance with the Service Levels, provided that any such audit is carried out
with reasonable prior notice and in a reasonable way so as not to have an adverse effect on the
performance of the Services. Without prejudice to clause 17.3 below, in the event that the Service
Provider fails to meet the Service Levels, Transnet may claim appropriate service credits or invoke
a retention of Fees as detailed in the relevant schedule and/or Work Order.
17.3 The Service Provider warrants that for a period of 90 [ninety] calendar days from Accep
the Deliverables they will, if properly used, conform in all material respects with the requirements
set out in the relevant schedule. The Service Provider will at its expense remedy any such non-
conformance as soon as possible but in any event within 30 [thirty] calendar days of notification
by Transnet. In the event that the Service Provider fails or is unable to remedy such non-
conformance within such time-scale, Transnet will be entitled to employ a third party to do so in
place of the Service Provider and any excess charges or costs incurred by Transnet as a result
shall be paid by the Service Provider.
17.4 The Service Provider will remedy any defect within 30 [thirty] calendar days of being n
that defect by Transnet in writing.
modification made by Transnet to the Deliverables, or any part thereof, without the prior approval
of the Service Provider.
17.6 The Service Provider shall advise Transnet of the effects of any steps proposed by Tran
pursuant to clause 17.5 above, including but not limited to any cost implications or any disruption
or delay in the performance of the Services. The Parties agree that any changes to the Services,
including the charges for the Services or any timetables for delivery of the Services, will be agreed
in accordance with the change control procedure, as set out in clause 34 [Amendment and
Change Control].
logic bomb, time bomb, back door, trap door, keys or other harmful components.
The Service Provider agrees that, in the event that a virus is found, it will at its own expense use
its best endeavours to assist Transnet in reducing the effect of the virus and, particularly in the
event that a virus causes loss of operational efficiency or loss of data, to assist Transnet to the
same extent to mitigate such losses and to restore Transnet to its original operating efficiency.
17.8 The Service Provider undertakes to comply with South Africa’s general privacy protectio
of Section 14 of the Bill of Rights in connection with this Agreement and shall procure that its
Personnel shall observe the provisions of Section 14 [as applicable] or any amendments and re-
enactments thereof and any regulations made pursuant thereto.
17.9 The Service Provider warrants that it has taken all reasonable precautions to ensure tha
event of a disaster, the impact of such disaster on the ability of the Service Provider to comply
with its obligations under this Agreement will be reduced to the greatest extent possible, and that
the Service Provider shall ensure that it has appropriate, tested and documented recovery
arrangements in place.
17.10 In compliance with the National Railway Safety Regulator Act, 16 of 2002, the Service P
shall ensure that the Services, to be supplied to Transnet under the terms and conditions of this
Agreement, comply fully with the specifications as set forth in Schedule 1 hereto, and shall
thereby adhere [as applicable] to railway safety requirements and/or regulations. Permission for
the engagement of a Subcontractor by the Service Provider [as applicable] shall be subject to a
review of the capability of the proposed Subcontractor to comply with the specified railway safety
requirements and/or regulations. The Service Provider and/or its Subcontractor shall grant
Transnet access, during the term of this Agreement, to review any safety-related activities,
including the coordination of such activities across all parts of its organisation.
delivery date(s), and there is little or no prospect of the Purchase Order(s) being carried
out within reasonable adherence to the promised delivery rate(s) or time(s),
then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as
from a future date specified in such notice the whole or any part of this Agreement or Purchase
Order in respect of which the Goods to be supplied have not been completed by that date, without
incurring any liability by reason of such cancellation except as provided in this clause.
19.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deli
Transnet the Goods/Services [if any] already completed, and payment for the part performance
shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential
part of the completed Goods/Services. Where an integral or essential part of the work has not
been completed, the amount to be paid to the Supplier/Service Provider will be calculated on the
basis of Transnet’s enrichment. The Supplier/Service Provider shall, wherever practicable, supply
Transnet with the necessary drawings and/or specifications to enable it to complete the work.
19.3 Whenever, in any case not covered by clause 19.1 above, the Supplier fails or neglects
the work or to deliver any portion of the Goods/Services as required by the terms of this
Agreement or Purchase Order, or if any Goods/Services are rejected on any of the grounds
mentioned in clause Error! Reference source not found. [Defective Goods], Transnet may
cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the
undelivered or rejected portion of the Goods/Services, and in such event, the supply of the
remaining portion shall remain subject in all respects to these conditions.
20 RIGHTS ON CANCELLATION
20.1 If this Agreement or Purchase Order is cancelled in whole or in part in terms of clause 19 [Total or
Partial Failure to Perform], Transnet may execute or complete this Agreement with any other
entity and do so on such terms as it may deem proper, or may procure other comparable
Goods/Services in substitution for those neglected to be manufactured or supplied or rejected as
aforesaid, and may recover from the Supplier the difference between the cost of such
Goods/Services and the Price [if the latter was lower] as well as any costs and expenses [including
any additional transport costs] which Transnet may have had to incur in consequence of the
Supplier’s/Service Provider’s default.
20.2 Any amount which may be recoverable from the Supplier/Service Provider in terms of clause 20.1
above, without prejudice to any other legal remedies available to Transnet, may be deducted in
whole or in part from any monies in the hands of Transnet and due for payment to the
Supplier/Service Provider.
21.1 Termination in accordance with clause 6 [Term and Cancellation] shall not prejudice or
right of action or remedy which shall have accrued or shall thereafter accrue to either Party and all
provisions which are to survive this Agreement or impliedly do so shall remain in force and in
effect.
21.2 On termination of this Agreement or a Work Order, the Service Provider will immediate
up, and procure that its Personnel will immediately deliver up to Transnet, all Deliverables and
property belonging to Transnet [or, in the event of termination of a Work Order, such as is
relevant to that Work Order] which may be in the possession of, or under the control of the
Service Provider, and certify to Transnet in writing that this has been done.
21.3 To the extent that any of the Deliverables and property referred to in clause 21.2 abov
electronic form and contained on non-detachable storage devices, the Service Provider will provide
Transnet with unencrypted copies of the same on magnetic media and will irretrievably destroy
and delete copies so held.
21.4 In the event that this Agreement is terminated by the Service Provider under clause Err
Reference source not found. [Term and Cancellation], or in the event that a Work Order is
terminated by Transnet under clause Error! Referenc[Breach and
Consequences of Termination], Transnet will pay to the Service Provider all outstanding Fees
[apportioned on a pro rata basis] relating to the work undertaken by the Service Provider up until
the date of such termination. Transnet will also pay the costs of any goods and materials ordered
by the Service Provider in relation to the such work for which the Service Provider has paid or is
legally obliged to pay, in which case, on delivery of such goods or materials, the Service Provider
will promptly deliver such goods and materials to Transnet or as it may direct.
21.5 If either Party [the Defaulting Party] commits a material breach of this Agreement and
remedy such breach within 30 [thirty] calendar days of written notice thereof, the other Party
[hereinafter the Aggrieved Party], shall be entitled, in addition to any other rights and remedies
that it may have in terms of this Agreement, to terminate this Agreement forthwith without any
liability and without prejudice to any claims which the Aggrieved Party may have for damages
against the Defaulting Party.
21.6 Either Party may terminate this Agreement forthwith by notice in writing to the other P
the other Party is unable to pay its debts as they fall due or commits any act or omission which
would be an act of insolvency in terms of the Insolvency Act, 24 of 1936 [as amended from time
to time], or if any action, application or proceeding is made with regard to it for:
21.7 Transnet may terminate this Agreement at any time within 2 [two] months of becoming
a change of control of the Supplier/Service Provider by notice in writing to the Supplier/Service
Provider. For the purposes of this clause, control means the right to direct the affairs of a
company whether by ownership of shares, membership of the board of directors, agreement or
otherwise.
[thirty] calendar days prior written notice thereof to the Supplier/Service Provider, or
22 CESSION
a)
b)
financier as part of the funding consideration for the Goods/Services.
22.2 The Supplier/Service Provider is not entitled to cede, delegate, assign, Subcontract or in any other
manner dispose of any of its rights or obligations in terms of this Agreement without the prior
written consent of Transnet, which consent shall not be withheld or delayed unreasonably.
23 FORCE MAJEURE
23.1 Neither Party shall have any claim against the other Party arising from any failure or delay in the
performance of any obligation of either Party under this Agreement caused by an act of force
majeure such as acts of God, fire, flood, war, lockout, government action, laws or regulations,
terrorism or civil disturbance, defaults or other circumstances or factors beyond the reasonable
control of either Party, and to the extent that the performance of obligations of either Party
hereunder is delayed by virtue of the aforegoing, any period stipulated for any such performance
shall be reasonably extended. Transnet may however rely on strikes, industrial dispute and riots
as a ground of force majeure.
23.2 Each Party will take all reasonable steps by whatever lawful means that are available to resume
full performance as soon as practicable and will seek agreement to modification of the relevant
provisions of this Agreement in order to accommodate the new circumstances caused by the act
of force majeure. If a Party fails to agree with such modifications proposed by the other Party
within 90 [ninety] calendar days of the act of force majeure first occurring, either Party may
thereafter terminate this Agreement with immediate notice.
24.1 The Parties agree that they may obtain and have access to personal data for the duration of the
Agreement 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:
a) they process data only for the express purpose for which it was obtained;
b) once processed for the purposes for which it was obtained, all data will be destroyed to an
extent that it cannot be reconstructed to its original form;
c) data is provided only to authorised personnel who strictly require the personal data to carry
out the Parties’ respective obligations under this Agreement;
d) they do not disclose personal data of the other Party, other than in terms of this Agreement;
g) such personal data is protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access.
24.2 The Parties agree that if personal data will be processed for additional purposes beyon
original purpose for which it was obtained, explicit consent must be obtained beforehand from
those persons whose information will be subject to further processing.
24.3 Should it be necessary for either Party to disclose or otherwise make available the pers
to any third party (including sub-contractors and employees), it may do so only with the prior
written permission of the other Party. The Party requiring such permission shall require of all such
third parties, appropriate written undertakings to be provided, containing similar terms to that set
forth in this clause 24, and dealing with that third party's obligations in respect of its processing of
the personal data. Following approval by the other Party, the Party requiring permission agrees
that the provisions of this clause 24 shall mutatis mutandis apply to all authorised third parties
who process personal data.
24.4 The Parties shall ensure that any persons authorized to process data on their behalf (in
employees and third parties) will safeguard the security, integrity and authenticity of all data.
Where necessary to meet this requirement, the Parties shall keep all personal data and any
analyses, profiles, or documents derived therefrom logically separated from all other data and
documentation held by it.
24.5 The Parties shall carry out regular assessments to identify all reasonably foreseeable in
external risks to the personal data in its possession or under its control. The Parties shall
implement and maintain appropriate safeguards against the risks which it identifies and shall also
regularly verify that the safeguards which it has in place has been effectively implemented.
24.6 The Parties agree that they will promptly return or destroy any personal data in their p
or control which belongs to the other Party once it no longer serves the purpose for which it was
collected in relation to this Agreement, subject to any legal retention requirements. This may be at
the request of the other Party and includes circumstances where a person has requested the
Parties to delete all instances of their personal data. The information will be destroyed in such a
manner that it cannot be reconstructed to its original form, linking it to any particular individual or
organisation.
25 CONFIDENTIALITY
25.1 The Parties hereby undertake the following with regard to Confidential Information:
a) not to divulge or disclose to any person whomsoever in any form or manner whatsoeve
either directly or indirectly, any Confidential Information of the other without the prior
written consent of such other Party, other than when called upon to do so in accordance
with a statute, or by a court having jurisdiction, or by any other duly authorised and
empowered authority or official, in which event the Party concerned shall do what is
reasonably possible to inform the other of such a demand and each shall assist the other in
seeking appropriate relief or the instituting of a defensive action to protect the Confidential
Information concerned;
b) not to use, exploit, permit the use of, directly or indirectly, or in any other manner
whatsoever apply the Confidential Information disclosed to it as a result of this Agreem
for any purpose whatsoever other than for the purpose for which it is disclosed or
otherwise than in strict compliance with the provisions in this Agreement;
c) not to make any notes, sketches, drawings, photographs or copies of any kind of any p
of the disclosed Confidential Information without the prior written consent of such othe
Party, except when reasonably necessary for the purpose of this Agreement, in which c
such copies shall be regarded as Confidential Information;
d) not to de-compile, disassemble or reverse engineer any composition, compilation, conc
e) not to exercise less care to safeguard Transnet Confidential Information than the Party
exercises in safeguarding its own competitive, sensitive or Confidential Information;
f) Confidential Information disclosed by either Party to the other or by either Party to any
other party used by such party in the performance of this Agreement, shall be dealt with as
“restricted” or shall be dealt with according to any other appropriate level of confidentiality
relevant to the nature of the information concerned, agreed between the Parties concerned
and stipulated in writing for such information in such cases;
relevant to one or more technically qualified employees or consultants of the Party who are
required in the course of their duties to receive the Confidential Information for the
Permitted Purpose provided that the employee or consultant concerned has a legitimate
interest therein, and then only to the extent necessary for the Permitted Purpose, and is
informed by the Party of the confidential nature of the Confidential Information and the
obligations of the confidentiality to which such disclosure is subject and the Party shall
ensure such employees or consultants honour such obligations;
i) each Party shall notify the other Party of the name of each person or entity to whom an
Confidential Information has been disclosed as soon as practicable after such disclosure
j) each Party shall ensure that any person or entity to which it discloses Confidential
Information shall observe and perform all of the covenants the Party has accepted in this
Agreement as if such person or entity has signed this Agreement. The Party disclosing the
Confidential Information shall be responsible for any breach of the provisions of this
Agreement by such person or entity; and
k) each Party may by written notice to the other Party specify which of the Party’s employ
officers or agents are required to sign a non-disclosure undertaking.
25.2 The duties and obligations with regard to Confidential Information in this clause 25 sha
where:
a) a Party can demonstrate that such information is already in the public domain or becom
available to the public through no breach of this Agreement by that Party, or its Staff; o
b) was rightfully in a Party’s possession prior to receipt from the other Party, as proven by
first-mentioned Party’s written records, without an infringement of an obligation or dut
confidentiality; or
c) can be proved to have been rightfully received by a Party from a third party without a
breach of a duty or obligation of confidentiality; or
d) is independently developed by a Party as proven by its written records.
25.3 This clause 25 shall survive termination for any reason of this Agreement and shall rem
and effect from the Commencement Date of this Agre 5 [five] years after the
termination of this Agreement. Upon termination of this Agreement, all documentation furnished
to the Supplier/Service Provider by Transnet pursuant to this Agreement shall be returned to
Transnet including, without limitation, all corporate identity equipment including dyes, blocks,
labels, advertising matter, printing matter and the like.
26 INSURANCES
26.1 Without limiting the liability of the Supplier/Service Provider under this Ag
Supplier/Service Provider shall take out insurance in respect of all risks for which it is p
the Supplier/Service Provider to insure against, including any liability it may have as a r
property. The level of insurance will be kept under review by Transnet, on an annual basis, to
ensure its adequacy, provided that any variation to the level of such insurance shall be entirely at
the discretion of the Supplier/Service Provider.
26.2 The Supplier/Service Provider shall arrange insurance with reputable insurers and will p
Transnet evidence of the existence of the policies on an annual basis within 30 [thirty] calendar
days after date of policy renewals.
26.3 Subject to clause 26.4 below, if the Supplier/Service Provider fails to effect adequate in
under this clause 26, it shall notify Transnet in writing as soon as it becomes aware of the
reduction or inadequate cover and Transnet may arrange or purchase such insurance on behalf of
the Supplier/Service Provider. The Supplier/Service Provider shall promptly reimburse Transnet for
any premiums paid provided such insurance protects the Supplier/Service Provider’s liability.
Transnet assumes no responsibility for such insurance being adequate to protect all of the
Supplier/Service Provider’s liability.
26.4 In the event that the Supplier/Service Provider receives written notice from its insurers
the termination of its insurance cover referred to in clause 26.1 above or if the insurance ceases
to be available upon commercially reasonable terms, the Supplier/Service Provider shall
immediately notify Transnet in writing of such termination and/or unavailability, whereafter either
the Supplier/Service Provider or Transnet may terminate this Agreement on giving the other Party
not less than 30 [thirty] calendar days prior written notice to that effect.
27 LIMITATION OF LIABILITY
27.1 The Supplier/Service Provider’s liability under this clause 27 shall be in addition to any
condition of any kind, express or implied by law or otherwise, relating to the Goods/Services or
ancillary Services, including the quality of the Goods/Services or ancillary Services or any materials
delivered pursuant to this Agreement.
27.2 Neither Party excludes or limits liability to the other Party for:
a) death or personal injury caused by its negligence, [including its employees’, agents’ or
Subcontractors’ negligence]; or
b) fraud or theft.
27.3 The Supplier/Service Provider shall indemnify and keep Transnet indemnified from and
liability for damage to any Transnet property [whether tangible or intangible] or any other loss,
costs or damage suffered by Transnet to the extent that it results from any act of or omission by
the Supplier/Service Provider or its Personnel in connection with this Agreement. The
Supplier/Service Provider’s liability arising out of this c 27.3 shall be limited to direct
damages.
27.4 Subject always to clauses 27.1 and 27.2 above, the liability of either the Supplier/Servic
or Transnet under or in connection with this Agreement, whether for negligence,
misrepresentation, breach of contract or otherwise, for direct loss or damage arising out of each
Default or series of related Defaults shall not exceed 100% [one hundred per cent] of the Fees
paid under the schedule or Work Order to which the Default(s) relates.
27.5 Subject to clauses 27.1 to 27.4 above, in no event shall either Party be liable to the oth
indirect or consequential loss or damage or including indirect or consequential loss of profits,
27.6 If for any reason the exclusion of liability in clause 27.5 above is void or unenforceable, either
Party’s total liability for all loss or damage under this Agreement shall be as provided in clause
27.3 above.
27.7 Nothing in this clause 27 shall be taken as limiting the liability of the Parties in respect of clauses
242 [Confidentiality] and 28 [Intellectual Property Rights].
b) Transnet shall grant to the Supplier/Service Provider an irrevocable, royalty free, non-
exclusive licence to use Transnet’s Background Intellectual Property only for the Permit
Purpose. This licence shall not permit the Supplier/Service Provider to sub-license to ot
parties.
c) The Supplier/Service Provider shall grant to Transnet an irrevocable, royalty free, non-
exclusive licence to use the Supplier/Service Provider’s Background Intellectual Propert
the Permitted Purpose. This licence shall not permit Transnet to sub-license to other
parties.
d) The Supplier/Service Provider shall grant Transnet access to the Supplier/Service Provid
Background Intellectual Property on terms which shall be bona fide negotiated between
Parties for the purpose of commercially exploiting the Foreground Intellectual Property
the extent that such access is required.
e) The above shall not pertain to any software licenses procured by the Supplier/Service
Provider from third parties and used in the supply of the Goods/Services.
28.2 Title to Intellectual Property
a) All right, title and interest in and to Foreground Intellectual Property prepared, conceiv
or developed by the Supplier/Service Provider, its researchers, agents and employees shall
vest in Transnet and the Supplier/Service Provider acknowledges that it has no claim of any
nature in and to the Foreground Intellectual Property. The Supplier/Service Provider shall
not at any time during or after the termination or cancellation of this Agreement dispute
the validity or enforceability of such Foreground Intellectual Property, or cause to be done
any act or anything contesting or in any way impairing or tending to impair any part of that
right, title and interest to any of the Foreground Intellectual Property and shall not counsel
or assist any person to do so.
c) Where the Foreground Intellectual Property was created by the Supplier/Service Provid
or its researchers, agents and employees and where Transnet elects not to exercise its
option to seek protection or decides to discontinue the financial support of the prosecution
or maintenance of any such protection, Transnet shall notify the Supplier/Service Provider
who shall have the right of first refusal to file or continue prosecution or maintain any such
applications and to maintain any protection issuing on the Foreground Intellectual
Property.
e) Subject to anything contrary contained in this Agreement and/or the prior written cons
of Transnet [which consent shall not be unreasonably be withheld], the Supplier/Servic
Provider shall under no circumstances be entitled as of right, or to claim the right, to u
Transnet’s Background Intellectual Property and/or Foreground Intellectual Property.
28.3 Title to Improvements
The Supplier/Service Provider shall not authorise any party to act on or use in any way any
Confidential Information belonging to Transnet whether or not such party is aware of such
Confidential Information, and shall promptly notify Transnet of the information if it becomes
aware of any party so acting, and shall provide Transnet the information with such assistance as
Transnet reasonably requires, at Transnet’s cost and expense, to prevent such third party from so
acting.
Property.
b) It shall be within the sole and absolute discretion of Transnet to determine what steps
be taken against the infringer and the Supplier/Service Provider shall co-operate fully w
Transnet, at Transnet’s cost, in whatever measure including legal action to bring any
infringement of illegal use to an end.
c) The Supplier/Service Provider shall cooperate to provide Transnet promptly with
relevant ascertainable facts.
d) If proceedings are commenced by Transnet alone, Transnet shall be responsible for all
expenses but shall be entitled to all damages or other awards arising out of such
proceedings. If proceedings are commenced by both Parties, both Parties will be
responsible for the expenses and both Parties shall be entitled to damages or other awards
arising out of proceedings.
29 NON-WAIVER
29.1 Failure or neglect by either Party, at any time, to enforce any of the provisions of this
Agreement, shall not in any manner be construed to be a waiver of any of that Party's
that regard and in terms of this Agreement.
29.2 Such failure or neglect shall not in any manner affect the continued, unaltered validity
Agreement, or prejudice the right of that Party to institute subsequent action.
30 PARTIAL INVALIDITY
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, o
to be modified, the validity, legality and enforceability of the remaining provisions shall
thereby.
31 DISPUTE RESOLUTION
31.1 Should any dispute of whatsoever nature arise between the Parties concerning this Agreement,
the Parties shall try to resolve the dispute by negotiation within 10 [ten] Business Days of such
dispute arising.
31.2 If the dispute has not been resolved by such negotiation, either of the Parties may refer the
dispute to AFSA and notify the other Party accordingly, which proceedings shall be held in
Johannesburg.
31.3 Such dispute shall be finally resolved in accordance with the rules of AFSA by an arbitrator or
arbitrators appointed by AFSA.
31.4 This clause constitutes an irrevocable consent by the Parties to any proceedings in terms hereof,
and neither of the Parties shall be entitled to withdraw from the provisions of this clause or claim
at any such proceedings that it is not bound by this clause 31.
31.5 This clause 31 is severable from the rest of this Agreement and shall remain in effect even if this
Agreement is terminated for any reason.
31.6 This clause 31 shall not preclude either Party from seeking urgent relief in a court of appropriate
jurisdiction, where grounds for urgency exist.
32.1 The Parties to this Agreement select the physical addresses and fax numbers, as detail
hereafter, as their respective addresses for giving or sending any notice provided for or required
in terms of this Agreement, provided that either Party shall be entitled to substitute such other
address or fax number, as may be, by written notice to the other:
a) Transnet
(i) For legal notices:
Mail address:Barbarossa.ntshingila@transnet.net
Attention: Legal Department
33.1 The Parties hereby confirm that this Agreement constitutes the whole and only agreement
between them with regard to the subject matter of this Agreement.
33.2 The Parties hereby confirm that this Agreement replaces all other agreements which exist or may
have existed in any form whatsoever between them, with regard to the subject matter dealt with
in this Agreement, any annexures appended hereto and the Schedule of Requirements/Work
Order.
34.1 Any amendment or change of any nature made to this Agreement and the Schedule of
Requirements thereof shall only be valid if it is in writing, signed by both Parties and added to this
Agreement as an addendum hereto. In this regard a Change Notice must first be defined and
issued by the requesting Party. A Change Notice Response must then be issued by responding
Party. A formal approval of the Change Request will then trigger the issue of the addendum to this
Agreement.
34.2 In the event the Parties cannot agree upon changes, the Parties shall in good faith seek to agree
any proposed changes using the dispute resolution procedures in clause 31 [Dispute Resolution].
35 GENERAL
35.1 Governing Law
This Agreement is exclusively governed by and construed in accordance with the laws o
Republic of South Africa and is subject to the jurisdiction of the courts of the Republic o
Africa.
35.2 Change of Law
In this Agreement, unless the context otherwise requires, references to a statutory provision
include references to that statutory provision as from time to time amended, extended or re-
enacted and any regulations made under it, provided that in the event that the amendment,
extension or re-enactment of any statutory provision or introduction of any new statutory
provision has a material impact on the obligations of either Party, the Parties will negotiate in
good faith to agree such amendments to this Agreement as may be appropriate in the
circumstances. If, within a reasonable period of time, the Supplier/Service Provider and Transnet
cannot reach agreement on the nature of the changes required or on modification of Prices,
delivery schedules, warranties, or other terms and conditions, either Party may seek to have the
matter determined in accordance with clause 31 [Dispute Resolution] above.
35.3 Counterparts
This Agreement may be signed in any number of counterparts, all of which taken toget
constitute one and the same instrument. Either Party may enter into this Agreement by
any such counterpart.
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.
AS WITNESS: AS WITNESS:
Name: Name:
Signature: Signature:
Transnet Agreement No HOAC-EMU-34372-MM-147 Page 30 of 30
Important Note: All potential bidders must read this document and certify in the RFX Declaration Form that
they have acquainted themselves with, and agree with the content. The contract with the successful bidder
will automatically incorporate this Integrity Pact as part of the final concluded contract.
INTEGRITY PACT
Between
And The Bidder / Supplier/ Service Provider / Contractor (hereinafter referred to as the “Bidder / Supplier”)
Page 2 of 8
PREAMBLE
Transnet values full compliance with all relevant laws and regulations, ethical standards and the principles of economical
use of resources, fairness and transparency in its relations with its Bidders / Suppliers.
In order to achieve these goals, Transnet and the Bidder / Supplier hereby enter into this agreement hereinafter referred
to as the “Integrity Pact” which will form part of the Bidder’s / Supplier’s application for registration with Transnet as a
vendor.
The general purpose of this Integrity Pact is to agree on avoiding all forms of dishonesty, fraud and corruption by following
a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of
any procurement and / or reverse logistics event and any further contract to be entered into between the Parties, relating
to such event.
All Bidders / Suppliers will be required to sign and comply with undertakings contained in this Integrity Pact, should they
want to be registered as a Transnet vendor.
1 OBJECTIVES
1.1 Transnet and the Bidder / Supplier agree to enter into this Integrity Pact, to avoid all fo
fraud and corruption including practices that are anti-competitive in nature, negotiations made in bad faith
and under-pricing by following a system that is fair, transparent and free from any influence / unprejudiced
dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:
a) Enable Transnet to obtain the desired contract at a reasonable and competitive price in
to the defined specifications of the works, goods and services; and
b) Enable Bidders / Suppliers to abstain from bribing or participating in any corrupt practic
secure the contract.
2 COMMITMENTS OF TRANSNET
Transnet commits to take all measures necessary to prevent dishonesty, fraud and corr
following principles:
2.1 Transnet hereby undertakes that no employee of Transnet connected directly or indirec
event and ensuing contract, will demand, take a promise for or accept directly or through intermediaries
any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage
from the Bidder, either for themselves or for any person, organisation or third party related to the contract
in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process
related to any contract.
2.3 Transnet further confirms that its employees will not favour any prospective bidder in a
afford an undue advantage to a particular bidder during the tendering stage, and will further treat all Bidders
/ Supplier participating in the bidding process in a fair manner.
2.4 Transnet will exclude from the bidding process such employees who have any personal
/ Suppliers participating in the bidding process.
Page 3 of 8
a) Transnet officials and employees shall not solicit, give or accept, or from agreeing to solicit, give, accept
or receive directly or indirectly, any gift, gratuity, favour, entertainment, loan, or anything of monetary
value, from any person or juridical entities in the course of official duties or in connection with any
operation being managed by, or any transaction which may be affected by the functions of their office.
b) Transnet officials and employees shall not solicit or accept gifts of any kind, from vendors, suppliers,
customers, potential employees, potential vendors, and suppliers, or any other individual or organisation
irrespective of the value.
c) Under no circumstances should gifts, business courtesies or hospitality packages be accepted from or
given to prospective suppliers participating in a tender process at the respective employee’s Operating
Division, regardless of retail value.
d) Gratuities, bribes or kickbacks of any kind must never be solicited, accepted or offered, either directly or
indirectly. This includes money, loans, equity, special privileges, personal favours, benefit or services.
Such favours will be considered to constitute corruption.
3.2 The Bidder / Supplier commits itself to take all measures necessary to prevent corrupt
means and illegal activities during any stage of its bid or during any ensuing contract stage in order to
secure the contract or in furtherance to secure it and in particular the Bidder / Supplier commits to the
following:
a) The Bidder / Supplier will not, directly or through any other person or firm, offer, promise or give to
Transnet or to any of Transnet’s employees involved in the bidding process or to any third person any
material or other benefit or payment, in order to obtain in exchange an advantage during the bidding
process; and
b) The Bidder / Supplier will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any employee of Transnet, connected directly or indirectly with the bidding process, or
to any person, organisation or third party related to the contract in exchange for any advantage in the
bidding, evaluation, contracting and implementation of the contract.
3.3 The Bidder / Supplier will not collude with other parties interested in the contract to pre
bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract. The Bidder / Supplier further commits itself to delivering against all
agreed upon conditions as stipulated within the contract.
3.4 The Bidder / Supplier will not enter into any illegal or dishonest agreement or understa
or informal with other Bidders / Suppliers. This applies in particular to certifications, submissions or non-
submission of documents or actions that are restrictive or to introduce cartels into the bidding process.
3.5 The Bidder / Supplier will not commit any criminal offence under the relevant anti-corru
Africa or any other country. Furthermore, the Bidder /Supplier will not use for illegitimate purposes or for
restrictive purposes or personal gain, or pass on to others, any information provided by Transnet as part of
the business relationship, regarding plans, technical proposals and business details, including information
contained or transmitted electronically.
3.6 A Bidder / Supplier of foreign origin shall disclose the name and address of its agents o
South Africa, if any, involved directly or indirectly in the registration or bidding process. Similarly, the Bidder
/ Supplier of South African nationality shall furnish the name and address of the foreign principals, if any,
involved directly or indirectly in the registration or bidding process.
3.7 The Bidder / Supplier will not misrepresent facts or furnish false or forged documents o
to influence the bidding process to the advantage of the Bidder / Supplier or detriment of Transnet or other
competitors.
Page 4 of 8
3.8 Transnet may require the Bidder / Supplier to furnish Transnet with a copy of its code o
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
to such offences.
3.10 The Bidder/Supplier confirms that they will uphold the ten principles of the United Natio
(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
b) Labour
• Principle 3: Businesses should uphold the freedom of association and the effective recognition of
the right to collective bargaining;
c) Environment
• Principle 7: Businesses should support a precautionary approach to environmental challenges;
d) Anti-Corruption
• Principle 10: Businesses should work against corruption in all its forms, including extortion and
bribery.
4 INDEPENDENT BIDDING
4.1 For the purposes of this undertaking in relation to any submitted Bid, the Bidder declar
that the word “competitor” shall include any individual or organisation, other than the Bidder, whether or
not affiliated with the Bidder, who:
b) could potentially submit a Bid in response to this Bid invitation, based on their qualifica
or experience; and
c) provides the same Goods and Services as the Bidder and/or is in the same line of busin
Bidder.
4.2 The Bidder has arrived at his submitted Bid independently from, and without consultati
agreement or arrangement with any competitor. However communication between partners in a joint
venture or consortium will not be construed as collusive bidding.
4.3 In particular, without limiting the generality of paragraph 4.2 above, there has been no
communication, agreement or arrangement with any competitor regarding:
a) prices;
b) geographical area where Goods or Services will be rendered [market allocation];
c) methods, factors or formulas used to calculate prices;
d) the intention or decision to submit or not to submit, a Bid;
Page 5 of 8
e) the submission of a Bid which does not meet the specifications and conditions of the R
f) bidding with the intention of not winning the Bid.
4.5 The terms of the Bid as submitted have not been, and will not be, disclosed by the Bidd
indirectly, to any competitor, prior to the date and time of the official Bid opening or of the awarding of the
contract.
4.6 Bidders are aware that, in addition and without prejudice to any other remedy provided
restrictive practices related to bids and contracts, Bids that are suspicious will be reported to the Competition
Commission for investigation and possible imposition of administrative penalties in terms of section 59 of
the Competition Act No 89 of 1998 and/or may be reported to the National Prosecuting Authority [NPA] for
criminal investigation and/or may be restricted from conducting business with the public sector for a period
not exceeding 10 [ten] years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of
2004 or any other applicable legislation.
5.1 If the Bidder / Supplier has committed a transgression through a violation of paragraph
Pact or in any other form such as to put its reliability or credibility as a Bidder / Supplier into question,
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
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,
Transnet reserves the right to impose a longer period of exclusion, depending on the gravity of the
misconduct.
5.3 If the Bidder / Supplier can prove that it has restored the damage caused by it and has
corruption prevention system, or taken other remedial measures as the circumstances of the case may
require, Transnet may at its own discretion revoke the exclusion or suspend the imposed penalty.
6.1 The process of restriction is used to exclude a company/person from conducting future
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.
6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply C
Procurement Procedures Manual are included herein by way of reference. Below follows a condensed
summary of this restriction procedure.
6.3 On completion of the restriction procedure, Transnet will submit the restricted entity’s d
identity number of the individuals and registration number of the entity) to National Treasury for placement
on National Treasury’s Database of Restricted Suppliers for the specified period of exclusion. National
Page 6 of 8
Treasury will make the final decision on whether to restrict an entity from doing business with any organ of
state for a period not exceeding 10 years and place the entity concerned on the Database of Restricted
Suppliers published on its official website.
6.4 The decision to restrict is based on one of the grounds for restriction. The standard of
the restriction process is whether a “prima facie” (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 G
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
6.7 Grounds for restriction include: If any person/Enterprise which has submitted a Bid, co
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
Content of his Goods or his B-BBEE status and is unable to prove to the satisfaction of Transnet that:
(i) he made the statement in good faith honestly believing it to be correct; and
(ii) before making such statement he took all reasonable steps to satisfy himself of its correctness;
g) has submitted false information regarding any other matter required in terms of the Preferential
Procurement Regulations, 2017 issued in terms of the Preferential Procurement Policy Framework Act
which will affect the evaluation of a Bid or where a Bidder has failed to declare any subcontracting
arrangements;
h) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements and which
could not be recovered from the contractor;
7 PREVIOUS TRANSGRESSIONS
7.1 The Bidder / Supplier hereby declares that no previous transgressions resulting in a ser
law, including but not limited to, corruption, fraud, theft, extortion and contraventions of the Competition
Act 89 of 1998, 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 subje
Supplier can be rejected from the registration process or removed from the Bidder / Supplier database, if
already registered, for such reason (refer to the Breach of Law Form contained in the applicable RFX
document.)
Page 7 of 8
a) Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-c
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 com
the Bidder / Supplier;
c) Recover all sums already paid by Transnet;
d) Encash the advance bank guarantee and performance bond or warranty bond, if furnish
Bidder / Supplier, in order to recover the payments, already made by Transnet, along with interest;
f) Exclude the Bidder / Supplier from entering into any bid with Transnet and other organ
future for a specified period; and
g) If the Supplier subcontracted a portion of the bid to another person without declaring i
Transnet must penalise the Supplier up to 10% of the value of the contract.
9 CONFLICTS OF INTEREST
9.1 A conflict of interest includes, inter alia, a situation in which:
a)
9.2 A Transnet employee uses his / her position, or privileges or information obtained while
as an employee for:
Thus, conflicts of interest of any bid committee member or any person involved in the sourcing process must
be declared in a prescribed form.
9.3 If a Bidder / Supplier has or becomes aware of a conflict of interest i.e. a family, busine
relationship between its owner(s) / member(s) / director(s) / partner(s) / shareholder(s) and a Transnet
employee / member of Transnet’s Board of Directors in respect of a bid which will be considered for the bid
process, the Bidder / Supplier:
a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration form;
or
b) must notify Transnet immediately in writing once the circumstances has arisen.
9.4 The Bidder / Supplier shall not lend to or borrow any money from or enter into any mo
transactions, directly or indirectly, with any committee member or any person involved in the sourcing
process, where this is done, Transnet shall be entitled forthwith to rescind the contract and all other
contracts with the Bidder / Supplier.
Page 8 of 8
10 DISPUTE RESOLUTION
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
[April 2020]
whose registered office is at 49th Floor, Carlton Centre, 150 Commissioner Street, Johannesburg 2001,
and
WHEREAS
Transnet and the Company wish to exchange Information [as defined below] and it is envisaged that each party
may from time to time receive Information relating to the other in respect thereof. In consideration of each party
making available to the other such Information, the parties jointly agree that any dealings between them shall be
subject to the terms and conditions of this Agreement which themselves will be subject to the parameters of the Bid
Document.
IT IS HEREBY AGREED
1 INTERPRETATION
In this Agreement:
1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or s
contractors, or any Group member;
1.2 Bid or Bid Document means Transnet’s Request for Information [RFI] Request for Proposal [R
Request for Quotation [RFQ], as the case may be;
1.3 Confidential Information means any information or other data relating to one party [the Disclos
Party] and/or the business carried on or proposed or intended to be carried on by that party and which
is made available for the purposes of the Bid to the other party [the Receiving Party] or its Agents by
the Disclosing Party or its Agents or recorded in agreed minutes following oral disclosure and any other
information otherwise made available by the Disclosing Party or its Agents to the Receiving Party or its
Agents, whether before, on or after the date of this Agreement, and whether in writing or otherwise,
including any information, analysis or specifications derived from, containing or reflecting such
information but excluding information which:
1.3.1 is publicly available at the time of its disclosure or becomes publicly available [other tha
result of disclosure by the Receiving Party or any of its Agents contrary to the terms of
Agreement]; or
1.3.2 was lawfully in the possession of the Receiving Party or its Agents [as can be demonstr
written records or other reasonable evidence] free of any restriction as to its use or disclosure
prior to its being so disclosed; or
1.3.3 following such disclosure, becomes available to the Receiving Party or its Agents [as ca
demonstrated by its written records or other reasonable evidence] from a source other
Disclosing Party or its Agents, which source is not bound by any duty of confidentiality
directly or indirectly, to the Disclosing Party in relation to such information;
1.4 Group means any subsidiary, any holding company and any subsidiary of any holding company
party; and
1.5 Information means all information in whatever form including, without limitation, any informat
relating to systems, operations, plans, intentions, market opportunities, know-how, trad
business affairs whether in writing, conveyed orally or by machine-readable medium.
2 CONFIDENTIAL INFORMATION
2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party]
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 te
commercial discussions between the parties in relation to the Bid or for the subsequent
any contract between the parties in relation to the Bid.
2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Inform
2.3.1 to those of its Agents who strictly need to know the Confidential Information for the so
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, subjec
2.4 below.
2.4 In the event that the Receiving Party is required to disclose any Confidential Informatio
with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with
Party regarding the form, nature, content and purpose of such disclosure or any action
Disclosing Party may reasonably take to challenge the validity of such requirement.
2.5 In the event that any Confidential Information shall be copied, disclosed or used otherw
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 s [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 dis
confer on the Receiving Party any rights, including intellectual property rights over the Confidential
Information whatsoever, beyond those contained in this Agreement.
measures in place against unauthorised or unlawful processing of data relating to the Bid and against
accidental loss or destruction of, or damage to such data held or processed by them.
9 GENERAL
9.1 Neither party may assign the benefit of this Agreement, or any interest hereunder, exce
written consent of the other, save that Transnet may assign this Agreement at any time
of the Transnet Group.
9.2 No failure or delay in exercising any right, power or privilege under this Agreement will
waiver of it, nor will any single or partial exercise of it preclude any further exercise or
any right, power or privilege under this Agreement or otherwise.
9.3 The provisions of this Agreement shall be severable in the event that any of its provisio
court of competent jurisdiction or other applicable authority to be invalid, void
unenforceable, and the remaining provisions shall remain enforceable to the fullest ext
law.
9.4 This Agreement may only be modified by a written agreement duly signed by persons a
behalf of each party.
9.5 Nothing in this Agreement shall constitute the creation of a partnership, joint venture o
the parties.
9.6 This Agreement will be governed by and construed in accordance with South African la
oooOOOooo
Transnet Vendor Management has received a request to load / change your company details onto the Transnet
vendor master database. Please return the completed Supplier Declaration Form (SDF) together with the required
supporting documents as per Appendix V to the Transnet Official who is intending to procure your company’s
services / products, to enable us to process this request. Please only submit the documentation relevant to your
request.
Please Note: Effective 1 April 2016 all organisations, institutions and individuals who wish to provide goods
and/or services to organs of the State must be registered on the National Treasury’s Central Supplier Database
(CSD). This needs to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.
Please Note: Failure to submit the relevant documentation will delay the vendor creation / change process.
Where applicable, the respective Transnet Operating Division processing your application may request further or
additional information from your company.
The Service Provider warrants that the details of its bank account (“the nominated account”) provided herein, are
correct and acknowledges that payments due to the Supplier will be made into the nominated account. If details
of the nominated account should change, the Service Provider must notify Transnet in writing of such change,
failing which any payments made by Transnet into the nominated account will constitute a full discharge of the
indebtedness of Transnet to the Supplier in respect of the payment so made. Transnet will incur no liability for any
payments made to the incorrect account or any costs associated therewith. In such an event, the Service Provider
indemnifies and holds Transnet harmless in respect of any payments made to an incorrect bank account and will,
on demand, pay Transnet any costs associated herewith.
Transnet expects its suppliers to timeously renew their Tax Clearance and B-BBEE certificates (where applicable),
as EMEs and QSEs (QSE’s with more than 51% ownership) are only expected to supply an affidavit as per
(Appendix D and E). These affidavits must be resubmitted on an annual basis as failure to do so may result in the
supplier’s account being temporarily suspended.
1. If your annual turnover is less than R10 million, then in terms of the DTI codes, you are classified as an
Exempted Micro Enterprise (EME). If your company is classified as an EME, please include in your submission, a
certified signed letter from your Auditor / Accountant confirming your company’s most recent annual turnover is
less than R10 million and percentage of black ownership and black female ownership in the company AND / OR B-
BBEE certificate and detailed scorecard from an accredited rating agency (e.g. permanent SANAS Member), or a
sworn Affidavit should you feel you will be able to attain a better B-BBEE score. (Appendix D).
2. If your annual turnover is between R10 million and R50 million , then in terms of the DTI codes, you
are classified as a Qualifying Small Enterprise (QSE) and you claim a specific B-BBEE level based on any 4 of the 7
elements of the B-BBEE score-card, please include your B-BBEE certificate in your submission as confirmation of
your status. Or if the Supplier is a QSE with More than 51% black owned, they can submit a sworn affidavit
(Appendix E).
Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency (e.g.
permanent SANAS Member).
3. If your annual turnover exceeds R50 million , then in terms of the DTI codes, you are classified as a
Large Enterprise and you claim a specific B-BBEE level based on all seven elements of the B-BBEE generic score-
card. Please include your B-BBEE certificate in your submission as confirmation of your status.
Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency (e.g.
permanent SANAS Member).
4. The supplier to furnish proof to the procurement department as required in the Fourth Schedule of
the Income Tax Act. 58 of 1962 whether a supplier of service is to be classified as an “employee”, “personal
service provider” or “labour broker”. Failure to do so will result in the supplier being subject to employee’s tax.
5. No payments can be made to a vendor until the vendor has been registered / updated, and no vendor can
be registered / updated until the vendor application form, together with its supporting documentation, has been
received and processed. No payments can be made to a vendor until the vendor has met / comply with the
procurement requirements.
6. From 01 May 2015 only B-BBEE certificates issued by SANAS accredited verification agencies will be valid.
APPENDIX A
Important Notice: Effective 1 April 2016 all organisations, institutions and individuals who wish to provide goods and/or
services to organs of the State must be registered on the National Treasury Central Supplier Database (CSD). This needs
to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.
CSD Number (MAAA xxxxxxx):
Company Registration No Or ID No If a
Sole Proprietor
CC Trust
Non-profit
(NPO’s or Personal
Form of Entity Liability Co
NPC)
Educational Specialised
Institution Profession
Did your company previously operate under another name?
Registered Name
Company Registration No Or ID No If a
Sole Proprietor
CC
Non-profit
Form of Entity
Educational
Institution
Telephone
Email
the Income Tax Act, please submit a sworn affidavit, as per Appendix II.
Please Note: Please provide proof of B-BBEE status as per Appendix V. If you qualify as an EME or QSE then provide an
affidavit following the examples provided in Appendix III and IV respectively. If you have indicated Black Disabled person(s)
ownership, then provide a certified letter signed by a physician, on the physician’s letterhead, confirming the disability.
By signing below, I hereby verify that I am duly authorised to sign for and on behalf of firm / organisation and that
all information contained herein and attached herewith are true and correct
Name Designation
Signature Date
Stamp And Signature Of Commissioner Of Oaths
Name Date
Signature Telephone No
Appendix B
register as a VAT vendor because the combined value of taxable supplies made by the provider in any
12 month period has not exceeded or is not expected to exceed R1million threshold, as required in terms
of the Value Added Tax Act.
Signature:
Designation:
Date:
Commissioner of Oaths
the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and
that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her
conscience and that the allegations herein contained are all true and correct.
Commissioner of Oaths
Appendix C
employs three or more full time employees, which employees are engaged
in the business of rendering the services of the organisation and are not connected persons as defined
in the Income Tax Act.
Signature:
Designation:
Date:
Commissioner of Oaths
the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and
that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her
conscience and that the allegations herein contained are all true and correct.
Commissioner of Oaths
Appendix D
I, the undersigned,
Enterprise Name
Trading Name
Registration Number
Enterprise Address
Please confirm on the table below the B-BBEE level contributor, by ticking the applicable box.
Less than 51% black Level Four (100% B-BBEE procurement recognition)
owned
4. The entity is an empowering supplier in terms of the DTI Codes of Good Practice.
5. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and
consider the oath binding on my conscience and on the owners of the enterprise which I represent in this matter.
6. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner.
Date: _______________________________
Commissioner of Oaths
Signature & stamp
Appendix E
Enterprise Name
Trading Name
Registration Number
Enterprise Address
Please confirm on the table below the B-BBEE level contributor, by ticking the applicable box.
5. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider the oath
binding on my conscience and on the owners of the enterprise which I represent in this matter.
6. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner.
Date: _______________________________
Commissioner of Oaths
Signature & stamp
APPENDIX A
TRANSNET VENDOR REGISTRATION RETURNABLES
CHECKLIST
· Bank Letter, Stamped/Certified by the Bank, Dated and Less than 3 months old
Proof of · Confirmation of Bank Letter contains the Name and Signature of Bank
2 Banking
Details
· Online verification ñ printout of online verification with code, within the 3
month validity period
· Current SARS TAX Compliance Status Verification PIN document (obtainable
from SARS eFiling -TAX Status Must Be ìCompliant/Activeî when verified
TAX
Compliance
3 Status and
VAT
Registration
· If No VAT; Affidavit or Solemn Declaration on VAT Registration Status to be
submitted
Proof of CSD
7 registration
CLOSING DATE
THE FOLLOWING
Page
4
6
6
7
7
8
8
8
9
9
9
9
10
10
10
11
11
12
12
12
12
12
13
13
20
48
48
48
50
55
57
60
61
66
69
71
76
81
URROUNDING AREAS
HLUHLUWE AND
T (STREET ADDRESS)
Y BE DIRECTED TO:
NUMBER
s, if necessary.
A formal briefing session will not be held but should Respondents have specific queries they should email
these to the Transnet employee(s) indicated in paragraph 7 [Communication] below.
nder slot" are 350mm wide x 200mm high. Bid responses which are
entioned must be split into two or more files and clearly marked.
ible if bid documents do not comply with the mentioned
erience difficulty in submitting their bids as a result.
he above tender box is accessible to the public from 07h30 until 16h00
loped areas or
nsnet’s response
contact details
ndly ensure that
ept responsibility
After the closing date of the RFP, a Respondent may only communicate with the Secretariat of the
Transnet Freight Rail Acquisition Co 011 584
prudence.nkabinde@transnet.net on any matter relating to its RFP Proposal.
Respondents are to note that changes to its submission will not be considered after the closing date.
It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or
employee of Transnet in respect of this RFP between the closing date and the date of the award of
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.
rd Respondents are
reement. All information
eated with strict
RFP or the subsequent
registered on the
e Central Supplier
s to personal data of
d by Respondents in
siness and in accordance
alter any personal data
to any Third Party
Respondents to
same manner. The
tion is contained in
jectives of Transnet.
nges in an environment
s they do business to
will allow Transnet to
N FOOTPRINT
nderstanding of your company’s position with regard to environmental
nvironmental characteristics such as waste disposal, recycling and energy
details of your entity’s policies in this regard.
ER OBLIGATIONS
be fully responsible to Transnet for the acts and omissions of persons
ervice provider, if so
STAGE 3
Step 3 Step 4 Step 5
Phase 1
Technical Weighted scoring
WEIGHTED market-related
Phase 2 SCORE
MINIMUM
THRESHOLD - Failure to price all
items per Pricing
Schedule will result in
disqualification (Price
Functionality/ technical Schedule 1 and/or Price
However, in order to expedite
ation process in parallel.
ed to mean that bidders
ive Responsiveness
ponsiveness will include the following:
RFP Reference
Section 1 paragraph 3
RFP Reference
- Clause-by-Clause
6.3.2 Phase Two: Minimum Threshold 70% for Technical Criteria
The test for the Technical and Functional threshold will include th
CV must indicate
experience in hygiene and sanitation.
Provide Supervisors certificates for training
e measured by their
RFP Reference
Section 4
d) in a sequential manner.
d conclusion of contract
Golela) continued
Address Inventory Client
Number
EMPANGENI 02BE039A OPS
EMPANGENI 02BE040A OPS
Golela) continued
Address Inventory Client
Number
NSESE 02BE342A OPS
NSESE 02BE351A OPS
NSESE 02BE352A OPS
NSESE 02BE353A OPS
NSESE 02BE348A OPS
NSESE 02BE349A OPS
NSESE 02BE350A OPS
NSESE 02BE359A OPS
NSESE 02BE360A OPS
NSESE 02BE308A OPS
NSESE 02BE361A OPS
NSESE 02BE362A OPS MAN
RICHARDSBAY
NSESE 02BE366A OPS
NSESE 02BE370A OPS
NSESE 02BE339A PWI
MEER N SEE RME
Golela) continued
Address Inventory Client
Number
MEER N SEE RME
MEER N SEE RME
MEER N SEE RME
MEER N SEE RME
Golela) continued
Address Inventory Client
Number
RICHARDS 02BG065A OPS
BAY
RICHARDS 03BG067A OPS
BAY
RICHARDS 02BG022A OPS
BAY
BAYVIEW OPS
BAYVIEW OPS
BAYVIEW OPS
d to Vryheid East
d to Vryheid East
Breakdown of no. of facilities & equipment for Price Schedule 2: Ulundi, Vryheid to Vryheid East
Description Address Inventory
Number
VRYHEID
BRICK & ZINC EAST 02AF082A
VRYHEID
BRICK & ZINC MESS EAST 02AF084A
VRYHEID
BRICK & ZINC EAST 02AF078A
VRYHEID
BRICK & ZINC EAST 02AF079A
VRYHEID
ABLUTION EAST 02AF106A
VRYHEID
ABLUTION EAST 02XF003A
Breakdown of no. of facilities & equipment for Price Schedule 2: Ulundi, Vryheid to Vryheid East continued
Description Address Inventory
Number
VRYHEID
BRICK CONTROL EAST 02AF053A
VRYHEID
ABLUTION EAST 02AF036A
VRYHEID
FACEBRICK MESS & EAST 02AF037A
VRYHEID
BRICK CONTROL EAST 02AF044A
VRYHEID
MESS & ABLUTIONS EAST 02AF046A
Price Schedule 3: Variable costs (Additional refill material, equipment and services)
Area Unit of Unit Price for
measure Year 1
All sites each
All sites each
All sites each
All sites each
All sites each
Transnet will round off final pricing scores to the nearest 2 (two) decimal places.
if the price offered by the highest scoring bidder is not market-related, Transnet
chedule 1 and Price Schedule 2 will make-up the fixed costs for
cated a lump sum amount of 15% of the total amount awarded
(Price Schedule 3).
he award of the contract between more than one Suppliers
be more advantageous in terms of, amongst others, cost or
hus the contract will be split per Price Schedule.
ally priced for above will not be considered/accepted by Transnet.
arison bidders must submit pricing strictly in accordance with this pricing schedule
mat. Deviation from this pricing schedule could result in a bid being declared non-
ave offered a discounted price(s), Transnet will only consider such price discount(s)
offered on an unconditional basis.
contract, are required to indicate that their prices quoted would be kept firm and
. [Not to be confused with bid validity period Section 2, clause 1]
INFORMATION
request that any member of the Service provider’s team involved on the
es that it will achieve a 95% [ninety-five per cent] service level on the
e with quality/quantity/specifications
Transnet will receive
NO
on the control measures put in place by their entity, which would mitigate the
potential non-performance by a Service provider, in relation to:
f Goods/Services delivered:
____________ 20___
_____________
entity, company, close
__________________
_______________________
or Certificate of Partners, dated
g to this proposal and any
o negotiate on behalf of the
ns with highest ranked bidder(s).
SIGNATURE
rovide the abovementioned Goods/Services at the prices quoted in the schedule of prices
set forth in the documents listed in the accompanying schedule of RFP documents.
ose conditions in Transnet’s:
y be subject to amendment at Transnet’s discretion if applicable);
__________________________
_________________________
Documents, and
ed to submit with their
submission of
rmation of the
ncial Statements
cuments, including but not limited
g from this RFP. Should the
with such renewals as and when
edies that it may have in terms of
lity and without prejudice to any
____________ 20___
_____________
T & APPLICABLE
). Alternatively, for
____________ 20___
_____________
_____________
eby certify that:
on we deemed necessary for the completion of this Request for Proposal [RFP];
ufficient access to the existing Transnet facilities/sites and any and all relevant
loyees, and has had
t’s operations and business
ermit any pre- or post-
provisions/conditions
additional information relating to the subject matter of this RFP from Transnet
act(s) as nominated in
ness and/or social relationship exists / does not exist [delete as applicable]
employee or board member
nd/or adjudication of this
ember / director / partner / shareholder of our entity is / is not [delete as
ertaining to this Bid will be resolved through the Ombudsman process and will
must first be exhausted
________ 20___
Mari.Maritz@transnet.net / Carroll.Smith2@transnet.net
………
ments with a Rand value of up to R50 000 000 (all applicable taxes
ments with a Rand value above R50 000 000 (all applicable taxes
ted to not exceed R50 000 000 (all applicable taxes included) and therefore
stem shall be applicable. Despite the stipulated preference point system,
acceptable bid to determine the applicable preference point system in a
ceptable bids are received outside the stated preference point system.
shall be awarded for:
to submit proof of B-BBEE status level of contributor together with the bid will
are not claimed.
ght to require of a bidder, either before a bid is adjudicated or at any time
uired by the purchaser.
points for B-BBEE status level if it is indicated in the bid documents that such
other enterprise that
ended sub-contractor
may not sub-contract more than 25% of the value of the contract to any other
n concerned, unless the
e sub-contract.
ules pertaining to B-BBEE verification and other B-BBEE requirements may be
I. It is the Bidder’s
at the time of the
Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 6.1
= ……………(maximum of 20 points)
(Points claimed in respect of paragraph 6.1 must be in accordance with the table reflected in paragraph 4.1
and must be substantiated by relevant proof of B-BBEE status level of contributor.
NO
NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential
RD TO COMPANY/FIRM
……………………………………………………………………
……………………………………………………………………
: …………………………………………………………………
ESS ACTIVITIES
bidding process;
ges it has incurred or suffered as a result of that
al prosecution.
……………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
ADDRESS…………………………………..
ompetition Act No. 89 of 1998, as amended, prohibits an agreement between,
en parties in a horizontal
per se prohibition meaning
s when businesses, that
he quality of goods and
idding process. Bid
ble steps to prevent abuse of the supply chain management system and to:
anying bid will be disqualified if this Certificate is found not to be true and
to sign this Certificate, and to submit the accompanying bid, on behalf of the
appears on the accompanying bid has been authorized by the bidder to
cate and the accompanying bid, I understand that the word “competitor” shall
d with the bidder, who:
ualifications, abilities
business as the
d to subcontract a minimum of
ignated groups:
ural or underdeveloped areas
utilized to identify
on of identifying and selecting suppliers, who are registered on the National Treasury
poses of subcontracting.
mit proof of the subcontracting arrangement between themselves
warded the contract may only enter into a subcontracting arrangement with
Supplier List
Cellphone
Name Surname Number
Zame Lwazi Dlamini 083 714 7314
ATION QUESTIONNAIRE
must be on client’s
ovided (ii) duration of
ntact person. The
d sanitation services.
required certificates
equired certificates
to this schedule:
of kitchen drains
eplaced within 24
uarantee a high
orks for high quality
rvisor shall be on the
h may affect daily
requirements.
ay notice should the service
3
3
3
3
4
4
4
4
4
4
4
5
5
5
5
5
6
6
6
6
6
7
7
7
8
8
8
8
8
8
9
10
10
11
11
13
Where the following words or phrases are used in this Agreement, such words or phrases shall have the
meaning assigned thereto in this clause, except where the context clearly requires otherwise:
Bid shall mean a Respondent’s tendered response / proposal to a Transnet RFP or RFQ;
Bid Document(s) shall mean a reference to a Request for Proposal or Request for Quotation;
Business Day shall mean any day other than a Saturday, Sunday or public holiday;
Goods shall mean the goods required by Transnet as specified in its Bid Document;
Parties shall mean Transnet and the Respondents to a Bid Document;
Respondent(s) shall mean a respondent/bidder to a Bid Document;
RFP shall mean Request for Proposal;
RFQ shall mean Request for Quotation;
RFX shall mean RFP or RFQ, as the case may be;
uent contracts and orders shall be subject to the following general conditions
are to be strictly adhered to by any Respondent to this RFX.
heir Bid valid for acceptance by Transnet at any time within the
the closing date of the bid.
d to extend their validity period for a specified additional period. In
will not be allowed to change any aspect of their Bid, unless they are
proposed change/s is as a direct and unavoidable consequence of
ay at any time
of written authority
hall take place between
ouncil or official of
he date of the
such unauthorised
e contract; or
t or order value is to be
ge of the contract
protect itself
to ensure compliance
s Bid, an email
RESPONDENTS
F CONTRACT
s and Conditions of
eed to by the
the abovementioned
spondent shall,
f South Africa who is
eing accepted and to act
e Bid. If the Respondent
e Respondent is a
ers or of such individual,
retained by Transnet
d in execution of
e Respondents require
must be on a Delivered
delivery point or
elivery are liable
usive of all non-
he Respondent.
uments on the following
r payment within
e date of receipt
ve been fulfilled
ncomplete and/or
ed from the date
D DELIVERY REQUIREMENTS
uantity Requirements
sulting contract/order that the delivery period embodied therein
ions of the Terms and Conditions of Contract.
e that, unless
mendment to the
h the drawings
at alterations or
itted by the Respondent must be furnished before the closing time and
pt of such drawings by the appointed time may disqualify the Bid.
the Respondent
may result in
FOREIGN RESPONDENTS
ls or by its South
signated official
e signed by the principal under the same title as used in the Bid
oyed to an extent
ragraph 37.3
ct all personal
nal data will be processed for additional purposes beyond the original
m those persons
documentation
This may be at
sted the Parties
ch a manner that
r organisation.
breach: Respondent’s Obligations
ng as soon as
compromise at
r the affected
nformation to
y which is carried
possession or
X DOCUMENT
FX document, the
D ULUNDI,
3
3
6
7
7
7
8
8
8
11
11
12
12
13
13
14
15
16
17
17
18
19
19
19
21
22
23
24
26
26
26
27
28
28
28
29
egistered address is
Transnet hereby appoints the Service Provider to provide, and Transnet undertakes to
accept the supply of Goods / provision of Services provided for herein, as formally agreed
between the Parties and in accordance with the Schedule of Requirements / Work Orders
greement; and
the Service Provider hereby undertakes to provide the Goods/Services provided for
herein, as formally agreed between the Parties and in accordance with the Schedule of
edule to this Agreement.
Where the following words or phrases are used in this Agreement, such words or phrases shall have the
his clause, except where the context clearly requires otherwise:
ndation of South Africa;
Agreement means this Agreement and its associated schedules and/or annexures and/or
the technical
s Agreement,
keting information;
demonstrations, tools and techniques, processes, machinery
works, musical
……………………………………… ;
on concerning
d techniques]
ndependently
e to Transnet,
Schedule 1 hereto;
ade Marks and Trade Mark applications and include any sign or
ment are included for ease of reference only and do not form part of
es of interpretation or for any other purpose. No provision shall be
ed to the disadvantage of either Party hereto by reason of such
to have structured or drafted such provision.
d in this Agreement, other than those defined under the clause
given its plain English meaning, and those terms, words, acronyms,
ement will be interpreted in accordance with the generally accepted
ance issues or
ain in full force and effect, any and all licences, permits and
able laws for the provision of the Goods/Services and ancillary
he business and activities of the Supplier/Service Provider;
e with all requirements and obligations as set out in the
of South Africa, including the Occupational Health and Safety
Subcontractor
that all its Personnel will be entitled to work in South Africa or any
ed to security
d or delayed.
ent or replace a
t shall be entitled to
d replacement
arrangement, the
or performance
um threshold.
ue of the contract to
ntributor than
Micro Enterprise
-contractor a right or
not bestow any
er the Agreement,
MIC OBLIGATIONS
TING TO SERVICES
to the Service
TO SERVICES
to Transnet that:
ty to enter into and to perform this Agreement and that this
uly authorised representatives of the Service Provider;
under this Agreement and any annexure, appendix or
kill, care and diligence;
the payment of remuneration and associated benefits, if
withholding and remitting income tax for its Personnel in
ble laws and regulations;
nsnet in respect of all Third Party Material detailed in the
re the right for Transnet to take such copies [in whole or in
rials as it may reasonably require for the purposes of back-
ecovery; and
snet of any Materials will not subject Transnet to any claim
at the Service
dits or invoke
that for a period of 90 [ninety] calendar days from Acceptance of
requirements
prior approval
will be agreed
ailway safety
hereby indemnifies and shall hold Transnet harmless against any direct
s arising against Transnet in respect of clause Error! Reference source
E TO PERFORM
ecially manufactured for it, if Transnet at any time ascertains that:
s specified in a Purchase Order has commenced and there is
et’s opinion, that manufacturing will commence within a
date, without
nses [including
ause by giving 30
2 [Definitions], 17 [Warranties],
27 [Limitation of Liability], 28
Resolution] and 35.1 [Governing Law] shall survive termination o
22.1 Upon written notice to the Supplier/Service Provider, Transnet shall be entitled:
to appoint Transnet’s financier of the Goods/Services as first pay
without transferring the ultimate responsibility for payment
Transnet; and
to cede, assign and transfer its right, title and interest in the Goo
tract or in any other
vailable to resume
he duration of the
t all personal
nal data will be processed for additional purposes beyond the
This may be at
r individual or
rmination for any reason of this Agreement and shall remain in force
nd damage to
be entirely at
e on behalf of
e Transnet for
reafter either
he other Party
mage incurred
orceable, either
respect of clauses
nd Intellectual
party from so
g this Agreement,
an arbitrator or
gs in terms hereof,
ourt of appropriate
ing areas (Mandeni,
yheid to Vryheid East for a
Barbarossa Ntshingila
Lizelle Smith
the Schedule of
added to this
dendum to this
’s List of Restricted
ncluded with a Bidder
Treasury by another
he “Bidder / Supplier”)
plier agree to enter into this Integrity Pact, to avoid all forms of dishonesty,
ons made in bad faith
nfluence / unprejudiced
d into with a view to:
measures necessary to prevent dishonesty, fraud and corruption and to observe the
its employees will not favour any prospective bidder in any form that could
l further treat all Bidders
e bidding process such employees who have any personal interest in the Bidders
ER / SUPPLIER
icy. No employee is allowed to accept gifts, favours or benefits.
vendors, suppliers,
dual or organisation
be accepted from or
ployee’s Operating
fered, either directly or
enefit or services.
promise or give to
y third person any
uring the bidding
gift, consideration,
fees, brokerage or
dding process, or
advantage in the
commit any criminal offence under the relevant anti-corruption laws of South
mate purposes or for
by Transnet as part of
ncluding information
origin shall disclose the name and address of its agents or representatives in
ss. Similarly, the Bidder
ign principals, if any,
that they will uphold the ten principles of the United Nations Global Compact
when undertaking
recognition of
taking in relation to any submitted Bid, the Bidder declares to fully understand
e Bidder, whether or
tted have not been, and will not be, disclosed by the Bidder, directly or
of the awarding of the
ition and without prejudice to any other remedy provided to combat any
orted to the Competition
erms of section 59 of
ng Authority [NPA] for
ublic sector for a period
ctivities Act No 12 of
BIDDING PROCESS
ove that it has restored the damage caused by it and has installed a suitable
es of the case may
osed penalty.
t’s restriction process as laid down in Transnet’s Supply Chain Policy and
ows a condensed
on procedure, Transnet will submit the restricted entity’s details (including the
Treasury for placement
xclusion. National
nsnet may not subcontract any portion of the contract to a restricted company.
the contract;
any Government
ts correctness;
the Preferential
y Framework Act
ubcontracting
by Transnet;
from entering into any bid with Transnet and other organs of state in
t lend to or borrow any money from or enter into any monetary dealings or
ed in the sourcing
act and all other
h its Bidders / Suppliers.
d use their best
tion in bad faith negates
Accordingly, following
ss with a company that
s part. Litigation in bad
ed without proper
nsnet employee
n a competitive
or its Agents by
sure and any other
ceiving Party or its
ng or otherwise,
r reflecting such
e of its disclosure or becomes publicly available [other than as a
eiving Party or any of its Agents contrary to the terms of this
ven by one party to this Agreement [the Disclosing Party] to the other
use the Confidential Information for the sole purpose of technical and
en the parties in relation to the Bid or for the subsequent performance of
breach of this
/or to prevent
all remain the property of the Disclosing Party and its disclosure shall not
he Confidential
INFORMATION
ensure proper and secure storage of all Information and any copies
and its Agents under this Agreement shall survive the termination of any
tween the parties regarding the Bid and continue thereafter for a period of 5
acting as principal and not as nominee, agent or broker for any other person
for any costs incurred by it or its advisers in considering or pursuing the Bid
ms of this Agreement.
ement shall be construed as prohibiting the Disclosing Party from pursuing any
either at law or in equity, for any such threatened or actual breach of this
performance, recovery of damages or otherwise.
benefit of this Agreement, or any interest hereunder, except with the prior
ave that Transnet may assign this Agreement at any time to any member
ned by and construed in accordance with South African law and the parties
Yes No
he applicable box.
urement recognition)
urement recognition)
urement recognition)
m of productivity
urement recognition)
urement recognition)
commissioner.
with SARS)
· For Foreign/International Vendors: Attach South African Revenue
Service (SARS) TAX obligations confirmation letter
· Copy of ìSARS VATî form / SARS confirmation for proof of VAT registration
agency
Award of
business
and
conclusion
of contract
mum Threshold 70% for Technical Criteria
nical and Functional threshold will include the following:
% Weightings Scoring guideline
30% Three (3) or more References in the
provision of hygiene service = 3
points (30%)
64
42
58
48
63
73
48
128
65
34
11
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
13
2
2
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
2
3
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
1
3
8
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
13
12
10
10
10
15
1
4
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
1
1
18
16
19
22
20
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
20
19
32
29
10
10
11
13
13
13
14
13
28
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
8
10
13
12
11
18
11
14
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
4
ngeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port areas, Mtubatuba, Hluhluwe and Golela) continued
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
8 8 5
2 1 1
1 0 1
1 1 1
1 1 1
1 0 1
1 0 1
1 1 1
1 1 2
2 1 1
2 2 1
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
1 1 1
2
1 1
1 1 1
3 3 2
3 4 3
1 2 1
2 2 2
8 5 9
cilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
2 2 3
3 2
2 1 1
2 2 1
3 2 2
1 2 1
1 1
1 0 1
2 1 1
3 2
2 2 1
cilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
2 1 1
1 1 1
1 1
0 0 0
2 3 2
3 3 1
1 1 1
1 1 1
2 1 1
1 2 1
1 1 1
2 1 1
1 0 1
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
3 3 2
3 3 2
1 1 1
1 1
3 3 2
1 1 1
4 3 2
1 1 1
3 3 2
2 2 1
1 1 1
1 1 2
6 3 7
1 1
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
2 2 0
2 2 2
1 1
1 0 1
2 1 1
2 1 1
2
1 0 1
2 3 2
7 1 2
4 2 2
1 0 1
3 2
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
4 3
1 0 1
3 0 1
0 1 0
0 1 0
0 1 0
0 1 0
0 1 0
2 2 1
5 1 3
2 2 2
0 0 0
3 3 2
3 2 2
Breakdown of no. of facilities & equipment for Price Schedule 1: Empangeni and surrounding areas (Mandeni, Empangeni, Nsese, Richards Bay, Port
3 2 2
3 2 2
3 2 2
5 4 1
4 3 1
2 1 1
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
29
24
29
39
55
44
28
54
33
22
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
18
17
21
25
29
15
31
6
12
No. of
facilities & Monthly price Monthly price
equipment for year 1 for Year 2
required
6
7
10
15
Total Price for 3 years, inclusive of VAT (Price Schedule 2) (where applicable):
Client
INFRA 2 3
INFRA 1-
SCS 1 0
SCS 0 0
1 0 1
ELECTRICAL 1 3
SIGNAL 1 3
INFRA 2 2
INFRA 1 1
INFRA 1 1
INFRA 2 3
Client
OPS 1 0
OPS 1 0
OPS 0 0
OPS 1-
INFRA 3-
OPS 1 0
OPS 1-
cilities & equipment for Price Schedule 2: Ulundi, Vryheid to Vryheid East continued
Client
OPS 2 2
OPS 1 1
Hazmat 2 1
OPS 0 1
OPS 1 1
OPS 3 3
INFRA 0-
HR 1 0
INFRA 1 1
INFRA 1 0
SIGNAL 2-
SIGNAL 1-
cilities & equipment for Price Schedule 2: Ulundi, Vryheid to Vryheid East continued
Client
RME 0 0
RME 0 0
RME N/A N/A
RME 1 1
INFRA 1 1
INFRA 3 1
INFRA 3 1
INFRA 3 1
TELECOMS 3 1
TELECOMS - -
TELECOMS - -
TELECOMS - -
cilities & equipment for Price Schedule 2: Ulundi, Vryheid to Vryheid East continued
Client
TELECOMS - -
TELECOMS - -
TELECOMS - -
OPS 0-
SECURITY 1-
INFRA 2 2
INFRA PWI 0 0
2 1
INFRA
SIGNALS 0 1
1 1
Local Tax
Email Address Address Status
dlaminimorgan@gmail.com Yes Yes
Page: 2 of 35
Page: 4 of 35
Page: 5 of 35
Page: 7 of 35
Page: 8 of 35
Page: 11 of 35
Page: 15 of 35
Page: 16 of 35
Page: 19 of 35
Page: 20 of 35
Page: 22 of 35
Page: 23 of 35
Page: 24 of 35
Page: 28 of 35
Page: 29 of 35
Local Govt
No
Foreign Branch
Office
d persons as defined in
ferences in the
n the provision
2 points (20%)
the provision of
= 2 points (20%)
of the required
0 points (0%)
anagement plan
Monthly price for Total Price for
Year 3 three years
olela) continued
olela) continued
olela) continued
olela) continued
olela) continued
olela) continued
7 8 2 2 7 2 2
2 2 2 2 2 -1 1
1 0 2 2 1 1 1
1 1 1 1 1 2 1
2 1 1 2 1 0 1
0 1 1 1 1 1 0
1 1 2 2 1 0 1
1 1 2 2 1 0 1
1 2 2 2 1 0 1
1 1
1 1 2 2 1 1 1
3 1 2 2 2 2 1
1 2 2 1 1 1
1 1 0 0
1 1 1 1 1 1 0
2 1 1 1 1 2 1
1 1 2 2 1 1 1
1 1 0 0 1
1 1 1 1 1 2 0
3 2 2 2 2 4 2
1 1 1 1 1 1 0
3 2 2 5 3 1 1
4 2 4 4 2 1 1
4 2 4 4 2 0 1
2 5 18 1
1 2 2 2 1 4 1
3 2 2 2 2 0 1
2 1 2 2 2 0 1
2 2 0 3 3
3 2 2 2 2 12 1
1 1 1 1 0 0
2 1 2 2 2 1
1 1 2 2 1
1 1 1 2 1 2 1
1 1 2 1
3 2 2 2 3 0 1
2 1 2 2 2 3 1
3 2 1 1 3 1 1
2 1 2 2 2 1 0
1 1 2 1 1 0 1
1 1 1 1 1 3 1
0 0 1 1 0 0 1
3 2 2 2 3 2 0
2 1 2 2 2 0 1
1 1 2 2 1 1 1
5 3 2 2 5 1 1
2 2 2 2 2 0 1
2 1 2 2 2 6 1
1 1 2 2 1 2 0
2 2 2 2 1 2 0
0 0 1 1 1 1 0
3 2 2 2 3 2 1
1 1 1 1 1
3 2 2 2 3 2 1
2 2 2 2 2 1 1
1 2 1 1 1 1 0
3 2 2 2 2 2 1
0 1 1 1 1 1 0
3 2 2 2 3 2 1
1 1 1 1 1 0 0
3 2 2 2 2 2 1
2 1 2 2 2 6 1
1 1 1
1 2 2 1 2 1
1 1 1 1 1 0 0
1 1 2 2 1 15 1
1
1 1
2 1 2 2 1 1 1
2 1 2 2 2
1 1 1 1 1 0 1
1 1 1 1 1 0 1
2 1 2 2 2
2 1 1 1 1 1
1 1 1
2 2 2 2 2 4 1
6 4 5 2 6 5 1
4 2 2 2 4 0 0
0 0
4 0 3 2 3 0 0
(Mandeni, Empangeni, Nsese, Richards Bay, Port
2 1 2 2 2 1 1
0 0 1 1 0 0 1
0 0 1 1 3 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1 1
1 1 1 1 1 1 1
2 1 2 1 2 0 1
3 3 2 1 3 1 1
1 1 3 1 1 1 1
1 1 0 1 1 0 0
3 2 2 2 3 1 1
2 2 2 1 2 2 0
1 1 2 1 1 2 1
2 2 2 1 2 1 1
2 2 2 1 2 1 0
2 1 4 8 2 2 1
2 2 3 3 2 0 1
1 1 2 2 2 1 1
1 2 2 2 2 2 2
1 1 2 2 2 1-
1 0 0 1 1 1 2
0 1 1 1 1 0 0
1 1 1 1 0 2 0
1 1 2 2 3 2 2
1 1 1 2 2 1 2
2 1 2 2 2 2 2
2 1 1 2 3 1 1
2 1 1 2 3 1 4
5 2 2 2 7 2 8
1 0 0 1 1 1 0
1 1 2 2 2 1 1
0 1 1 1 1 1 0
1 0 0 1 1 0-
2 2 3 2 5 2 3
1 1 2 2 2 1 0
1 1 1 2 2 1 1
1 1 2 2 2 1 1
2 0 0 2 2 1 1
1 1 1 1 2 1 2
1 1 1 1 2 1 2
2 4 3 2 5 4-
0 1 1 1 1 1 1
1 1 1 2 2 1 0
1 2 1 2 2 1 0
1- 0 1 1 0 1
1 1 3 2 4 1-
1 1 1 1 1 1-
0 0 0 0 0 0 0
0 0 0 0 0 0 0
N/A N/A N/A N/A
1 1 2 0 2 1 1
1 1 2 2 2 1 0
1 1 1 2 2 1-
1 1- 2 2 1-
1 1 1 2 2 1-
1 2 1 2 2 2 2
- - - - - - -
- - - - - - -
- - - - - - -
- 1 1 1 1 1-
- - - - - - -
- - - 1- - -
0 1 1 1 1 1-
1 1 1 2 2 1 0
2 3 3 3 5 3-
0 1 1 1 1 1 1
2 1 1 1
0 2 2 2 2 1 1
1 1 1 2 2 1 4
____________
of [full address]
Report Ran Date:
17 May 2021 08:49:18 AM
Report Ran By:
Mari Maritz
Supplier Commodity:
Disinfection or deodorizing services
Delivery Location:
KwaZulu Natal
Local Address:
Yes
Tax Compliant:
Yes
Verified Bank Acc:
YES
with disabilities
No
Restricted
Supplier Trading Name
No ASELWAZI
TRADING AND
No JB ASTRO BEV
BEVB
No KAMBULAZY
No
No
No
No
No
No
No VUKANI MANCUBE
No
No MKIRIVANA'S
TRADING
No NDLOMUKA
TRADING AND
No JL Projects & Supply
cc
No
No BONACACIA FARM
No
No MFANAWO
TRADING 65
No umseshi catering
No SIPHAKAHLE
PROJECTS
No BHEKULUNGI
GENERAL
No
No
No OTHI MNGATI
CLEANING
No
No NEEKAY
PROJECTS
No
No MBONGISENI
SHUTLE
No LOCALTEH
TRADING
No Dumasbuse
No AMANCAADI
TRADING
No
No TRUE NQOH
No
No LWANDLE
LWETHU
No Grand Connections
No Wenze
Communications and
No Mnqibe Construction
and Projects
No
No SAKHELISHA
CONSTRUCTION
No SPHIWOKUHLE
TRADING
No mjz projects
No SQUICS
PROJECTS
Generated on 5/17/2021 8:49:12 AM
No
No
No BUBELU
INVESTMENTS
No Zanephiwo projects
No
No FORTNUATUS 890
No
No
No MUSONGAKA
TRADING
No NQABENHLE
TRADING
No
No NOBANTU
BUTHELEZI
No ABABHEKELI
TRADING
No
No NSIKA YOMLILO
No
No KN MCMULA
No
No
No JOVENI HOLDINGS
(Pty)Ltd
No
No
No THWATHWA
INVERSTMENT
No Mazet Contracting
(pty) Ltd
No Future Solution
Enterprise
No LG
No ING Events and
logistics
No
No MIM (Pty) Ltd
No UNCLE MDUUJ
INVESTMENTS
No MBADU FARMING
No
No
No
No
No
No KLR
ENGINEERING
No
No
No MANTOCKS
TRADING
No THENCANE
TRADING
No
No
No
No
No
No NQOBANGALO
TRADING AND
No Z AMD M TRADING
AND PROJECTS
No MALAKULANDELA
(PTY) LTD
No
No VINZI TRADING
No
No BLAQSTONE
TRADING AND
No
No
No
No Mazwayi Security
and Projects (Pty)
No BongiMvelo
No
No NOBLE AFRICA
PROJECTS
No
No
No Amaphikelamahle
Trading Enterprise
No
No NELANZUZU
No
No BHEKAMASWAZI
TRADING AND
Generated on 5/17/2021 8:49:12 AM
No TSHIRA TSHASHU
TRADING
No
No SIZIPHOLELE
TRADING AND
No Mokhupetse
investment
No
No
No
No
No NGELEMUTHI
TRADING AND
No HARIHI SERVICES
(PTY) LTD
No
No
No BANENKINGA
TRADING AND
No Sky Beyond
Holdings
No
No TAWMERC
No
No
No BOPHELA NC
MANUFACTURING
No KHAMAGWENI
CONSTRUCTION
No KWAKUHLEMVELO
TRADING (PTY)
No 035 SERVICES
AND SUPPLIE
No
No
No
No
No
No
No
No HANIDAL TRADING
ENTERPRISE CC
No
No
No
No
No ZIMHLOPHE JOINT
SERVICES CC
No
No
No CHILOGO
AGRICULTURAL
No
No GASELA
BUSINESS
No
No Khehlaspace trading
No Nasidu Trading
Enterprise(PTY)LDT
No
No L N T DLAMINI
TRADING
No DIKGWARI
BUSINESS
No
No Aphex Group
No
No
No G SHEKWA
TRADING
No
No
No NOVELA JM
No JUNKSIDE
AVENUE
No
No PRO PILLAR
PROJECTS
No
No
No
No
No
No
No LVDSK HOLDINGS
No
No
No
No LAKE TETE
TRADING AND
No MAZIPHATHELE
No GBTG
No MANZIMASE
TRADING
No
No AZANAZO
TRADING AND
No
No Vela 2 be trading
No
No LUNCEDO
SERVICES N
No CEBANGOLWAZI
TRADING
No
No
No Solomzi
Construction
No
No CBBE
No parmanes trading
No AYO SERVICE
No
No XPM
INVESTMENTS
No SWELIHLE
CONSTRUCTION
No
No
No HLELA LWANDE
No
No MAANDA-NES
INVESTMENTS
No KALUJA TRADING
AND PROJECTS
No
No
No NTSONTELA
No
No
No QHAYIYA SCHOOL
SUPPLIERS
No
No ZINOLWAZI
No GREMONII
CONSTRACTORS
No
No
No
No AKASJADU
No INKUNZIMALANGA
TRADING AND
No AMAHLE
AMAVOVO 032
No
No
No LUSANTO
No
No
No
No Yepcon Projects and
Consulting
No Tohilah
No
No
No
No SINDIISWA
TRADING AND
No EKA GCWABE
TRADING
No HEDGE91
No NOLEEN TRADING
No SHIBILIKA
PROJECTS
No
No
No
No DR ZONE AND
DINE (PTY) LTD
No
No
No AAB Trading &
Projects Pty ltd
Generated on 5/17/2021 8:49:12 AM
No DLEKEZELE
TRADING AND
No
No
No LUPICON
No
No UMGEXO
TRADING CC
No
No ZALUSELE
CONSTRUCTION
No
No
No
No K2018603863
(SOUTH AFFRICA)
No
No
No BAHNOXOLO
TRADING AND
No STEELINAH
GROUP
No BEE KAY TRADING
(PTY) LTD
No CALA MAWELASE
TRADING AND
No
No
No
No TOUCHO
SOLUTIONS (PTY)
No
No
No
No
No Manipo
No SPHERERE
ENTERPRISE
No ZIZWE ZONKE
BUSINESS
No MNQONATHI
SUPPLIERS
No NDOH
INVESTMENTS
No
No
No Food Hut/Vibra
No
No ARMSDON
TRADING
No
No
No
No ZULU HUT
No MENELISB
TRADING
No
No
No UKHUBUSE 1969
No Mmashikwane
Enterprise (Pty) Ltd
No
No NTABAENKULU
TRADING AND
No
No BHEKA SINOLWAZI
TRADING
No
No NCUMZ CRUISINE
AND SERVICES
No
No
No
No MONEYTREE
TRADING
No NONHLANHLA
MYENI
No LUNGISANI
MASWAZI
No
No
No
No
No NETIC SERVICES
No NTWENHLE
INGCEBO (PTY)
No
Generated on 5/17/2021 8:49:12 AM
No SIS (Pty)Ltd
No
No MAGNACORP 522
No SKTT TRADING
No Canzi Holdings
No JOJOZISONS
CONSTRUCTION
No
No mazwakhe trading
(pty) ltd
No YOTIES TRADING
ENTERPRISE
No ZENELISO
EZINHLE
No
No
No
No
No ITHEMBA
LAMAYEYESA
No
No
No VHF
No
No
No TEM TRADING
ENTERPRISE
No
No
No VAST
COMPREHENSIVE
No
No
No OKA-BHENGU
ENTERPRISE (PTY)
No
No Ive Engineering
Solutions
No Voyizana Projects
No
No VENOM
COLLECTION
No vpgsevices
No Makholwa
Phephethwane
No
No MASIZAKHELE
HOLDINGS
No
No KAWOJI
No ISOLOMUNTU
CONTRACTING
No WAZUYANDA
TRADING
No
No OMGXOBELA
TRADING
No
No
No DUMOLWAKHE
CONTRUCTION
No
No ZIJOMA BUSINESS
ENTERPRISE
No NEDOBS TRADING
ENTERPRISES
No
No
No NCANIES
GENERAL
No MANGWATO AND
MOLOI GROUP
No MFUNDOKUHLE
TRADING
No NKOSI S DELIVERY
SERVICES (PTY)
No KWENZAMAKHUZE
No SALABEMUSHO
GROUP
No
No
No TREASUREMELUSI
TRADING N
No
No
No ZIASI TRADING
AND PROJECTS
No
No BHAKI SECURITY
AND TRAINING
No
No ASIPHAKAME
DEVELOPMENT
No
Generated on 5/17/2021 8:49:12 AM
No
No
No
No SMONYO TRADE
AND SERVICES
No
No
No
No
No MAPHOLOBA AND
HLELO
No SHAVA 29
ENTERPRISE
No
No Zee 56 mining and
construction (pty) ltd
No
No THE INDUSTRIAL
CONSUMABLE
No INGQUMUSHA
No
No
No
No
No INDLOV'ENCANE
(PTY)(LTD)
No
No
No FOKISENI
TRADING
No
No KHENANI (PTY)LTD
No IMBEWU YESIZWE
HOLDINGS (PTY)
No Mzwabo Trading
Enterprise
No umlu2lu2
No 2XM SOLUTIONS
(PTY) LTD
No MNM ELECTRO
SOLUTIONS
No HEMLIZY (PTY)
LTD
No TTSA TRADING
PROJECTS AND
No
Generated on 5/17/2021 8:49:12 AM
No
No
No RAINFOREST
CONSTRUCTIONS
No
No ENZANENKOSI
TRADING
No
No
No
No
No KASI TRAINING
DEVELOPMENT
No T T GLOBAL
TRADING (PTY)
No SIBONOKUHLE
TRADING
No NHLAFEZIBANZI
TRADING
No kingfresha
No
No
No Sikhulu Contractors
No Nolizwi Trading
No
No PLANET 4
TRADING AND
No ZULU ZENZELE
TRADING
No MAGUMBANE
ENGINEERING
No
No
No SEHLULE
TRADING AND
No
No NQAYIZIVELE
HOLDINGS
No SN11PROJECT
No RONALDACCESSO
RIES PTY LTD
No
No
No
No Bantubavuthiwe
Holdings Pty LTD
No
No ZAMAGWEZI
ENTERPRISES
No MANTIMAKHULU
TRADING
No
No RADIO
LEBOWAKGOMO
No
No ELE INVESTMENTS
GROUP CC
No MASI MBANI
TRADING (PTY)
No
No
No Milani Agri Serv
No EMTHONJENI
WEMPUMELELO
No
No NMR CONSULTING
No VANANDA'S
CONSTRUCTION
No
No MA'MZALA
TRADING
No
No SIKHWAMA
TRADING
No PROSUCHE
TUSHIYA NAILS
No SUKAKUSAHLALA
TRADING
No
No VICTORMAN
CONSTRUCTION
No MPUTHULUZANA
TRADING
No
No
No MMMABAKGONA
TRADING and
No
No KRA AMERICAN
ENTERPRISES
No NKWANE KRUZER
(PTY) LTD
No POLYARCS (PTY)
LTD
No MAFULELA
TRADING
No ZENHLANHLA
HOLDINGS
No RANDOM DROPS
No
No
No ZOMUSA GROUP
PTY LTD
No LUBAMBOLUNYE
PRIMARY CO-
No AKUBENJALO
TRADING CC
No
No SMISO
INVESTMENTS
No ALENOY
PROJECTS
No
No SINDILEH
TRADING N
No MGABHI TRADING
AND PROJECTS
No
No NGANGENYONI
HOUSE
No
No
No SISHINGISHANE 75
GUBAZI TRADING
No Trevor Care
No
No HLEBEKILE
TRADING AND
No BOOYSEN AND
MTHEMBU
No
No
No NGWAKOLEBEA
TRADING AND
No LUNJE TRADING
INVESTMENTS
Generated on 5/17/2021 8:49:12 AM
No MAGWINYIMBUZI
CONSTRUCTION
No
No
No KOLIMO AND
LOGISTICS
No
No
No
No MSP
No
No
No GOLD STAR
CLEANING AND
No THIRELETSO (PTY)
LTD
No
No
No ZWELAKUBO
INVESTMENTS
No
No CHESTERBURY
TRADING AND
No
No
No TAIORITE
No
No
No Black Spot Solutions
No AAYUSH
CONSTRUCTION
No SIVENT TRADING
AND PROJECTS
No
No INDUDUZO
PROJECTS
No SNANDI
CONSULTING
No
No
No Lime Milestone
No AWANDE
GENERAL
No KAMVELASE
HOLDING
No
Generated on 5/17/2021 8:49:12 AM
No LKK Trading
No
No FAKAMANDLA
SUPPLIERS (PTY)
No Gquma construction
and projects
No MAYAKAYAKA
DEVELOPMENT
No ONELE
ENTERPRISE
No KK's DIVINE
FORTUNES
No
No NP Mtshali
No NONTSHESHE
BSHELELEZI
No
No KOKO EXPERT
(PTY) LTD
No
No
No
No THUFUZA
TRADING
No QM General Trading
No
No
No REJUVEDOX
HOLDINGS
No NGISABA
UKUCUPHA
No SOHLEPHU
ENTERPRISE
No
No MAF TRADING
ENTERPRISE (PTY)
No SIBANESIHLE M
TRADING AND
No ZATHAPHI
No
No
No TRUENORTH
TRAINING AND
No
No P ANDROH
SOLUTIONS
No EYENDUNGE
TRADING
No
Generated on 5/17/2021 8:49:12 AM
No
No
No
No STARSHINE
CONSTRUCTION
No
No SYAMANDLA
TRADING AND
No MTEZMANI
INVESTMENTS
No
No
No
No MAKUVUKO
SERVICES
No MULONDA
CONSTRUCTION
No SIPHILILESO (Pty)
LTD
No
No JAVASAXO
No
No
No UBT PROJECTS
AND EVENTS
No
No
No
No GOG trading
No NTSHOBOZA
TRADING
No
No S6 SECURITY AND
CLEANING
No NDLELENI
INVESTMENTS
No YAMUKELE
TRADING
No
No
No SGCINESH
No
No
No SWKH
ESSENTIALS
No THOKOZA
CRECHE
Generated on 5/17/2021 8:49:12 AM
No
No
No
No SHIMANI TRADING
(PTY) LTD
No
No
No RINGO PROJECTS
AND SALES (PTY)
No EXPILLION(PTY)LT
No
No ISIQALA
SAMANTSHOSHO
No
No SC AND J
PLASTICS
No
No ABEDNIGO'S
TRANDPORT AND
No JALICOMMODITIES
No NKURISO
DEVELOPENT
No OLUGAJU
CLEANING
No
No
No MAFUNZWANI
CONSTRUCTION
No
No NOLITHA TRADING
ENTERPRISE
No
No Onako Holdings
(Pty) Ltd
No
No MAGNA
ENTERPRISE
No NTOMBAZANE
TRADING AND
No
No ERDMAN
No Ngceshe Industries
No
No
No LIYABONA
FACILITIES
Generated on 5/17/2021 8:49:12 AM
No
No
No
No
No QHUBEKANI
EVENTS
No
No
No
No Moagi 23 trading and
projects
No
No
No Moepathutse
Consulting
No Jukai
No
No Nontsheshe
Bshelelezi Projects
No
No AMIA
01ENTERPRISE
No Dirty clinic
No
No
No
No FDT
No VONISANANI
TSELA
No
No
No MUELE CIVIL
CONSTRUCTION
No AGRIC SERVICES
No
No NTINYELA
PROJECTS
No SILEMON
TRADING (PTY)
No
No CLASSIC
UNDERWEAR
No
Generated on 5/17/2021 8:49:12 AM
No
No PMF GLOBAL
PROJECTS
No KHUMASHU
CONSTRUCTION
No NGINGILOMU
TRADING AND
No SAJINI CLEANING
SERVICES
No EZITHEBENI
TRADING
No IN THE
ASCENDENCY
No
No
No MURENDWA
DEVELOPMENT
No SHESHEVULA
TRADING
No
No
No
No RAPS
DEVELOPMENT
No
No
No CHAKWATA
TRADING (PTY)
No
No MT Trading PTY
LTD
No AYAMA TRADING
ENTERPRISE (PTY)
No
No
No GXARHA
PROJECTS AND
No TREGA
SOLUTIONS
No
No CHERITY TRADING
AND PROJECTS
No
No
No
No Ubuhlendalo PTY Ltd
No MBHUNYELI
SECURITY
No
No Orifuna Business
Enterprise
No KUSINDWABALEK
A CONTRACTING
No TOMWORKSHOP
AND OTHER
No
No VIOMAS (PTY) LTD
No SHANKURAZ
TRADING
No ISIPHOSOTHANDO
No
No
No tshedza group
No
No
No MASIGRIVA
No ZIMELE LETHU
TRADING AND
No
No
No
No
No DR PTD NKOSI
No MTHOMUSA
TRADING
No AMADEYI TRADING
AND PROJECTS
No
No JIBHELA
PROJECTS
No
No MORWA NONO
PROJECTS
No Buko Trading
No MGENGU
TRADING
No AVUMILE TRADING
AND PROJECTS
No AROS
PROTECTION
No NDZONDZOBILA
TRADING
No
No NYONI EDLA
UJULAYO
No TINKWE'S
CONSTRUCTION
Generated on 5/17/2021 8:49:12 AM
No
No
No OX
No
No TRADE SOCIAL
MARKET GENERAL
No
No
No
No
No
No
No MHLENGANI
INVESTMENTS
No STRIVING MIND
1284
No Siplwa Solutions
No SONWABISE
TRADING
No LAMIA Consulting
No
No BROTHERS RM
CONSTRUCTION
No
No AMANKENTSHANA
GENERAL
No Sbucuzar Trading cc
No
No
No
No
No MIRALLAS (PTY)
LTD
No BHARAMBA
No
No
No
No
No MULWELI
SOLUTIONS
No ZASEMANGWENI
TRADING
Generated on 5/17/2021 8:49:12 AM
No LIHLEPRO
TRADING
No AMTOTO TRADING
(PTY) LTD
No ILLIAM PROJECTS
(PTY) LTD
No SOSA TRAINING
DEVELOPMENT
No
No AVELA MASWATI
No Isaih Industries
No METILI (PTY) LTD
No Manolwazi Trading
No
No NIC Trading
No
No
No
No GOOD FELLOWS
ENTERTAINMENT
No ISIGIDLA GROUP
No MADUVANE
No SYNATY
HOLDINGS
No SETHULO
SAMAHLUBI
No
No KELEBOMVU
PROJECTS AND
No NDABEZINHLE
BUSINESS
No SHONGWEMVELA
TRADING PTY LTD
No
No ZKT PROJECTS
No
No
No
No KHONMAK
No
No NTULUMANI
TRADING
No
No
No
Generated on 5/17/2021 8:49:12 AM
No
No
No
No
No INQUBEKO
MAINTENANCE
No
No Thabelo Thiofhi
No SPHIWA TRADING
ENTERPRISE
No HLANZY
HOLDINGS
No
No Msantos
No
No HLOMUKA
SUPPLIERS AND
No SOMACIKO
TRADING (Pty) Ltd
No
No THIYEKILE
ENTERPRISE
No DOKO HOLDINGS
No MZEKI
INVESTMENT
No Madododwa
Enterprise
No SEGWATE
INVESTMENTS
No
No
No
No Yekanini Maswazi
Trading Enterprise
No
No
No BAMBISISALOKHO
TRADING (PTY)
No TOP ONE ZA
TRADING
No
No MLUNGUZI
CATERING AND
No MONDES 247
TRADING
No MBOMA
INDUSTRIES
No ESIHLEMFUNDO
ENTERPRISE
No Cornelius trading
No
No Life hector PTY LTD
No BC DREW
No Osy holding
No
No
No NKOSITHANDILE
HOLDINGS
No MASITHOKOZE
CONSTRUCTION
No
No CLEANBRU
SOLUTIONS (PTY)
No
No BANDILEE 25
No
No MADUNGWA (PTY)
LTD
No QOMINTABA
PROJECTS
No
No Nsindisoyethu
Projects
No KAIBEN TRADING
AND TRADING
No
No
No HLOZINI
CONSTRUCTION
No
No
No SIYAKWAMKELA
TRADING AND
No INZUZENHLE
TRADING AND
No Luonde Holdings
No BLAZETRONICS
CREATIONS
No TUM TRADING
ENTERPRISE (PTY)
No HONEY TOP
TRADING (PTY)
No SGENGEH
No JABULAZIKODE
(PTY) LTD
No
No
No LET US GO
TRADING AND
No AKULUNGE
TRADING
No
No
No
No BABEZALA
No
No
No EVELY BUILDING
ENTERPRISE
No
No DYLECTRIC
POWER
No AREDZI TRADING
AND PROJECTS
No Mkhanyakude
Cleaning and
No
No LEMS
CONSTRUCTION
No
No
No
No
No
No MFISWA TRADING
AND PROJECTS
No NGESHE
SUPPLIERS
No MLISTER TRADING
ENTERPRISE
No KAMANGA
TRADING
No SENZELUMUSA
BUSINESS
No
No
No
No
No Adolphus mzo
trading enterprise
No Sodlabebuka
No
No OBENYATHI
No BAMBEZAKHE
CONSULTING AND
No MJM DIMES
GROUP
No ULWAZI LABOUR
AND PLANT HIRE
No
No TORNILANS ATLAS
No
No
No TSUAMO CIVILS
No
No
No
No RHTM BUSINESS
SOLUTIONS
No VUMELENI
LEGACY
No
No
No
No JUST RIGHT
INVESTMENT
No UJWEJWE
PROJECTS
No ILUNGELOELIHLE
XOLUTIONS PTY
No
No Mhlanti Trading
Projects
No SAANZ
No MABHEDU SIKELA
TRADING
No Milisa Incorporated
No AEIOU TRADING
ENTERPRISE
No
No
No
No Mgidingoma
Enterprises
No EMUHLE
SERVICES AND
No BUDEZI
No 4LAST COMPANY
No SHUBHELA
PROJECTS
Generated on 5/17/2021 8:49:12 AM
No SIPHOSIYANQOBA
ENTERPRISE
No
No
No
No AMATHINGOKAFA
KU TRADING AND
No
No EENEZAR UNITY
No MULWELI GROUP
No MINCENT
INVESTMENT
No ISITHEMBISO
MULTI SERVICES
No ALLZWELL
TRADING
No
No Mathunjwa and
Maphitha Trading
No
No
No
No
No
No
No
No FUNDISIWE
BROTHERS
No
No LNV LOGISTICS
No MALONYATHI
TRADING N
No
No
No MY VULTURES
No NCWANE
CLEANING AND
No
No
No
No BAGAYI TRADING
AND PROJECT
No
No
No BUSENI
HOLDINGS
No ROFHIWAA
TRADING AND
No lkmj
No SEPEPI TRADING
AND PROJECT
No INJABULO
EPHILAYO
No ADIECTOR
No
No Quelle Projects
No MVELEDZISO
TRADING AND
No
No
No
No
No MAKENIKENI
TRADING N
No LAKITHI
ENTERPRISE
No
No SMOOTHRUNNING
PROJECTS
No SIZOPHIMELELA
No MSINDISIWAMI
TRADING
No
No VHUSO GENERAL
TRADING
No FUNCTIONS WE
DO
No
No
No BAYANDABETOLI
WE
No
No visual acuity
No K2017308605
No PHILANI HEALTH
AND AWARENESS
No
No
No ANOTHE TRADING
ENTERPRISE
No Great Warrior Group
Generated on 5/17/2021 8:49:12 AM
No Shokz business
enterprises
No
No
No
No
No Vuyato Trading and
No SEZAKHELE
TRADING
No
No NEW
EMBARKMENT
No
No ISIPHAKAMISO
TRADING
No ENERDGE GROUP
(PTY) LTD
No SINIKIWEMVELO
TRADING
No MAN-T BUSINESS
ENTERPRISE(PTY)
No
No
No AMABHAMBATHA
CO
No
No Alexis suppliers
office equipment and
No ZIFIKILE PIZZIE
TRADING
No
No TPR PROJECTS
No
No
No
No ZIKODELIMHLOPH
E TRADING
No
No FANKIE GENERAL
TRADING
No FELOKWAKHE
CONSTRUCTION
No
No
No GUZENI
CONSTRUCTION
No SIZO GROUP (PTY)
LTD
No
Generated on 5/17/2021 8:49:12 AM
No ZESIZWE GROUP
(Pty) Ltd
No
No MFEJEZA
TRADING
No
No
No BLACK EMPIRE
INVESTMENT
No KEKGONNE
TRADING
No SCELOKUPHA
TRADING AND
No SAVELAMATHENJ
WA TRADING
No
No BAHALI
No
No NOPITHA
TRADEMARK
No MASOKOLARE
TRANSPORT AND
No K MATHOLE
INVESTMENTS
No
No QEDUMANA
TRANSPORT
No MSUTHU
LOGISTICS AND
No
No MBALIZAKHE
TRADING (PTY)
No
No
No BATHO TRADING
ENTERPRISE
No
No ONIKAYO
TRADING
No
No LMK LOGISTICS
(PTY) LTD
No
No
No OMPIE AND SONS
CONSTRUCTION
No IHLO Security
Management
No Goodhope Food
Trading Enterprise
No
No
Generated on 5/17/2021 8:49:12 AM
No
No
No
No
No
No ANEZELWE
SOLUTIONS
No
No
No PHAPHAMA AND
CHILIZA
No ANGEL AND BRO'S
TRADING AND
No
No
No
No
No BATHULI
SECURITY and
No
No
No UMHLOZANE
TRADING (PTY)
No
No
No
No Akagugi Projects
No
No
No SSK KUNENE
CONSTRUCTION
No
No PHUKESHE
TRADING
No
No Ndumiso Support
Group
No BASADI CIVIL
CONSTRUCTION
No
No
No
No MADAVHA
PROJECTS
No
No ROYALTY DOT
No Mbuse Solutions
8 15
1 4
1 2
1 2
1 3
0 1
1 1
0 2
1 3
0 0
1 5
1 5
0
Date & Company Stamp
1 1
0 1
0 4
1 2
0 1
3 6
0 1
4 6
2 5
2 6
5 8
2 3
0 6
1 3
2 2
2 6
1
2 3
1
1 1
1 2
0 2
2 3
2 5
1 4
1 2
0 0
3 5
3 5
1 2
1 6
1 2
2 3
1 2
1 4
1 2
3 6
1
3 6
1 3
1 3
3 6
1 2
4 7
1 2
3 2
2 4
1 1
1 2
1 1
3 7
1 1
Date & Company Stamp
2 3
2 4
1 3
0 2
1 3
1 4
4
2
3 4
1 13
1 8
0 4
Date & Company Stamp
3 6
0 1
0 3
2 4
1 8
2 3
0 1
3 6
2 5
2 4
2 5
2 5
4 7
3 6
1 3
- - 2
1 0 1
0 0 1
0 2
1 3 2
1 3 2
1 2 3
1 1 2
1 1 2
1 3 4
ompany Stamp
1 0 1
1 0 2
1 0 1
1- 1
1- 5
N/A
1 0 2
1- 2
ompany Stamp
1 2 4
1 1 2
1 1 2
1 1 1
2 1 2
1 3 7
0- 1
0 0 2
2 1 3
- 0 0
2- 3
1- 2
Date & Company Stamp
0 0 0
0 0 0
N/A N/A 0
1 1 2
0 1 2
- 1 4
- 1 4
- 1 4
1 1 5
- - 0
- - 0
- - N/A
- - N/A
- - N/A
1- N/A
1- 1
- - 2
1 2 5
1 0 1
- 1 2
1 1 2
1 1 2