Crac Lse 47004 Addendum Replace Buchholz Relays
Crac Lse 47004 Addendum Replace Buchholz Relays
Crac Lse 47004 Addendum Replace Buchholz Relays
TFR/2024/07/0005/71519/RFQ
Designation:………………………………………………………….
Date:……………………………………………………………………
Signature:…………………………………………………………….
Name and Surname: Thembinkosi Ngcobo Name and Surname: Russell Molokoane
Signature:……………………… Signature:……………………………………
TFR/2024/07/0005/71519/RFQ
FOR THE: REPLACE BUCHHOLZ RELAY, OIL TOP UP, TESTING AND PURIFICATION
AT VAN REENEN SUBSTATION 3KILO VOLT (KV) DIRECT CURRENT (DC)
Contents
Number Heading
The Tender
Part T1: Tendering Procedures
The Contract
Part C1: Agreements and Contract Data
1. INVITATION TO TENDER
Responses to this Tender [hereinafter referred to as a Tender] are requested from persons,
companies, close corporations or enterprises [hereinafter referred to as a Tenderer].
2. TENDER SUBMISSION
Transnet has implemented a new electronic tender submission system, the e-Tender Submission
Portal, in line with the overall Transnet digitalization strategy where suppliers can view advertised
tenders, register their information, log their intent to respond to bids and upload their bid
proposals/responses on to the system.
a) The Transnet e-Tender Submission Portal can be accessed as follows:
3. CONFIDENTIALITY
All information related to this RFP is to be treated with strict confidentiality. In this regard
Tenderers 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 gleaned from provision of the Works, which is either directly or indirectly related to
Transnet’s business, written approval to divulge such information must be obtained from
Transnet.
4. DISCLAIMERS
Tenderers are hereby advised that Transnet is not committed to any course of action as a result
of its issuance of this Tender and/or its receipt of a tender offer. In particular, please note that
Transnet reserves the right to:
4.1. Award the business to the highest scoring Tenderer/s unless objective criteria justify the
award to another tenderer.
4.2. Not necessarily accept the lowest priced tender or an alternative Tender;
4.3. Go to the open market if the quoted rates (for award of work) are deemed unreasonable;
4.5. Request audited financial statements or other documentation for the purposes of a due
diligence exercise;
4.6. Not accept any changes or purported changes by the Tenderer to the tender rates after
the closing date;
4.7. Verify any information supplied by a Tenderer by submitting a tender, the Tenderer/s
hereby irrevocably grant the necessary consent to the Transnet to do so;
4.8. Conduct the evaluation process in parallel. The evaluation of Tenderers at any given
stage must therefore not be interpreted to mean that Tenderers have necessarily passed
any previous stage(s);
4.9. Unless otherwise expressly stated, each tender lodged in response to the invitation to
tender shall be deemed to be an offer by the Tenderer. The Employer has the right in
its sole and unfettered discretion not to accept any offer.
4.10. Not be held liable if tenderers do not provide the correct contact details during the
clarification session and do not receive the latest information regarding this RFP with the
possible consequence of being disadvantaged or disqualified as a result thereof.
4.11. Transnet reserves the right to exclude any Tenderers from the tender process who has
been convicted of a serious breach of law during the preceding 5 [five] years including
but not limited to breaches of the Competition Act 89 of 1998, as amended. Tenderers
are required to indicate in tender returnable on T2.2-16, [Breach of Law] whether or
not they have been found guilty of a serious breach of law during the past 5 [five] years.
4.12. Transnet reserves the right to perform a risk analysis on the preferred tenderer to
ascertain if any of the following might present an unacceptable commercial risk to the
employer:
• unduly high or unduly low tendered rates or amounts in the tender offer;
• contract data of contract provided by the tenderer; or
• the contents of the tender returnables which are to be included in the contract.
This edition incorporates the amendments made in Board Notice 423 of 2019 in Government Gazette
42622 of 8 August 2019. (see www.cidb.org.za).
The Standard Conditions of Tender make several references to Tender data for detail that apply
specifically to this tender. The Tender Data shall have precedence in the interpretation of any
ambiguity or inconsistency between it and the Standard Conditions of Tender.
Each item of data given below is cross-referenced in the left-hand column to the clause in the
Standard Conditions of Tender to which it mainly applies.
Clause Data
Part T1: Tendering procedures T1.1 Tender notice and invitation to tender
T1.2 Tender data
Part C1: Agreements and contract data C1.1 Form of offer and acceptance
C1.2 Contract data (Part 1 & 2)
C1.3 Form of Securities
E – mail Thembinkosi.Ngcobo@transnet.net
C.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit
tenders:
Any tenderer that fails to meet the stipulated eligibility criteria will be
regarded as an unacceptable tender.
The evaluation criteria for measuring functionality and the points for each criteria and,
if any, each sub-criterion are as stated in C.3.11.3 below.
Any tenderer that fails to meet the stipulated eligibility criteria will be
regarded as an unacceptable tender.
C.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender
Notice and Invitation to Tender. Tenderers must complete and sign the
attendance register. Addenda will be issued to and tenders will only be received
from those tendering entities including those entities that intends forming a joint
venture appearing on the attendance register.
Tenderers are also required to bring their RFQ document to the briefing session
and have their returnable document T2.2-01 certificate of attendance signed
off by the Employer’s authorised representative.
C.2.13.5 The Employer’s details and identification details that are to be shown on each tender
C2.15.1 offer package are as follows:
C.2.13.9 Telephonic, telegraphic, facsimile or e-mailed tender offers will not be accepted.
The procedure for the evaluation of responsive tenders is Functionality, Price and
Preference:
Only those tenderers who attain the minimum number of evaluation points
for Functionality will be eligible for further evaluation, failure to meet the
minimum threshold will result in the tender being disqualified and removed
from any further consideration.
Functionality Criteria
The functionality criteria and maximum score in respect of each of the criteria are as
follows:
Functionality shall be scored independently by not less than 3 (three) evaluators and
averaged in accordance with the following schedules:
Each evaluation criteria will be assessed in terms of scores of 0, 40, 70, 90 or 100
The scores of each of the evaluators will be averaged, weighted and then totalled to
obtain the final score for functionality, unless scored collectively. (See CIDB Inform
Practice Note #9).
Note: Any tender not complying with the above mentioned requirements,
will be regarded as non-responsive and will therefore not be considered for
further evaluation. This note must be read in conjunction with Clause C.2.1.
80 where the financial value of one or more responsive tenders received have a value
equal to or below R50 million, inclusive of all applicable taxes,
In terms of Transnet Preferential Procurement Policy (TPPP) and Procurement Manuals, the
following preference points must be awarded to a bidder who provides the relevant required
evidence for claiming points
Note: Transnet reserves the right to carry out an independent audit of the tenderers
scorecard components at any stage from the date of close of the tenders until
completion of the contract.
2. the tenderer does not appear on Transnet’s list for restricted tenderers and
National Treasury’s list of Tender Defaulters;
3. the tenderer has fully and properly completed the Compulsory Enterprise
Questionnaire and there are no conflicts of interest which may impact on the
tenderer’s ability to perform the contract in the best interests of the Employer
or potentially compromise the tender process and persons in the employ of
the state.
4. Transnet reserves the right to award the tender to the tenderer who scores the
highest number of points overall, unless there are objective criteria which will
justify the award of the tender to another tenderer. Objective criteria include
but are not limited to the outcome of a due diligence exercise to be conducted.
The due diligence exercise may take the following factors into account inter alia;
the tenderer:
C.3.17 The number of paper copies of the signed contract to be provided by the Employer is
1 (one).
T2.2-01 Stage One as per CIDB: Eligibility Criteria Schedule - Certificate of attendance at
` Compulsory Tender Clarification Meeting
2.1.2 Stage Three as per CIDB: these schedules will be utilised for evaluation purposes:
T2.2-02 Evaluation Schedule: Project Plan
T2.2-03 Evaluation Schedule: Health and Safety Requirements
T2.2-04 Evaluation Schedule: Previous Experience
T2.2-05 Evaluation Schedule: Method Statement
2.1.3 Returnable Schedules:
General:
T2.2-06 Authority to submit tender
T2.2-07 Record of Addendum
T2.2-08 Letter of Good Standing
T2.2-09 Risk Elements
T2.2-10 Availability of equipment and other resources
T2.2-11 Affected Property Establishment
T2.2-12 Health and Safety Questionnaire
Agreement and Commitment by Tenderer:
T2.2-13: CIDB SFU ANNEX G Compulsory Enterprise Questionnaire
Valid proof of Respondent’s compliance to Specific Goals evidence (Preference Claim Form)
requirements stipulated in SBD6.1.
ANNEX G Compulsory Enterprise Questionnaire
T2.2-14 Non-Disclosure Agreement
T2.2-15 RFQ Declaration Form
T2.2-16 RFQ– Breach of Law
T2.2-17 Certificate of Acquaintance with Tender Document
T2.2-18 Service Provider Integrity Pact
T2.2-19 Supplier Code of Conduct
T2.2-20 Agreement in terms of Protection of Personal Information Act (POPIA)
T2.2-21 Insurance Provided by the Contractor
(Company Name)
Held at: Depot Engineer Office Transnet Freight Rail Room 15 Electrical
department Ladysmith 3370
Name Signature
Capacity
Name Signature
The Tenderer's attention is drawn to core clause 21 of the NEC3 Term Service contract regarding the
items to be shown on a plan.
The tenderer shall provide the proposed Plan, at a minimum showing but not limited to the following:
▪ Ability to execute the Service in terms of the Employer’s requirements and within the required
timeframe indicating, in a logical sequence, the order and timing of the construction that will
take place in order to Provide the Service clearly indicating the capacity & capability to achieve
the dates stated in the Contract Data.
▪ Dates when the Contractor will need access to any part of the Site; submission & approval process
& timing for Health & Safety Files, Environmental Files and Quality Files. In addition the Plan
must clearly demonstrate the procurement process for all long lead items if applicable.
▪ The Contractor indicates how he plans in achieving the following dates and clearly demonstrates
them on the schedule - Start Date, Access Date, Planned Completion, & Completion Date. In
addition, the Plan clearly demonstrates adequate provisions for Time Risk Allowance (TRA). Time
Risk Allowances are not float, are owned by the Tenderer, can be included in the activity duration
and illustrated in the schedule in a code field or as an attachment.
▪ The Plan must clearly support and demonstrate alignment to the Method Statement as contained
in T2.1 List of Returnable Documents.
1 Programme = 20%
No Response (Score 0) The tender did not submit the execution plan
Poor (Score 40) Execution plan with timelines submitted to complete Installation
>10 days
Satisfactory (Score 70) Execution plan with timelines submitted to complete Installation
>8 – 10 days
Good (Score 90) Execution plan with timelines submitted to complete Installation
>5 – 8 days
Very Good (Score 100) Execution plan with timelines submitted to complete Installation
>0 – 5 days
The tenderer must submit the following documents as a minimum with the tender submission:
1. Contract specific Health & Safety plan including the following:
a. Roles and responsibilities of legal appointees in terms of OHSA 85 of 1993 and its
Regulations.
i. S16.1 CEO,
ii. S16.2 Assistant to CEO,
iii. CR8.1 Construction manager,
iv. CR8.2 Assistant Construction manager,
v. CR8.5 Construction Health & Safety officer,
vi. CR8.7 Construction Supervisor,
vii. CR8.8 Construction assistant supervisor,
viii. CR9.1 Risk Assessor
ix. Construction Health & Safety Manager
b. Roles and responsibilities of legal appointees in terms of Project and Construction
Management Professional Act 48 of 2000
i. Construction Manager
ii. Project Manager
c. Valid Letter/s of Good Standing with the Workmen’s compensation fund (Letters of
Good Standing from all members of a newly formed JV).
d. Safety, Health & Environmental Company Policy signed by the accounting officer.
Indicating as minimum the following five elements -
i. Commitment to Safety, prevention of pollution,
ii. Continual improvement,
iii. Compliance to legal requirements, appropriate to the nature of
contractor’s activities,
iv. Hold management accountable for development of the safety
systems.
v. Include objectives and targets.
e. Overview of Tenderer’s SHE system for project
(Score 0)
(Score 40)
(Score 70)
(Score 90)
Very Good Submitted a very good HSP Questionnaire and scored 40-50
(Score 100)
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RepairsTenderers are required to list proof of their previous experience for similar statement of
work. This can be in the form of completion certificates. Proof should reflect company name,
contact person and value of work completed.
No Response No Proven track record in Transformer oil purification, oil testing and top up,
transformer re-gasketing in 3KV DC traction substations
(Score 0)
Poor Proven track record in Transformer oil purification, oil testing and top up,
transformer re-gasketing in 3KV DC traction substations. 1 contactable reference
(Score 40)
relevant to the RFQ with 1 completion certificates or in execution i.e. Purchase
Orders or Letters
Satisfactory Proven track record in Transformer oil purification, oil testing and top up,
(Score 70) transformer re-gasketing in 3KV DC traction substations. 2 contactable
references relevant to the RFQ with 2 completion certificates or in execution i.e.
Purchase Orders or Letters
Good Proven track record in Transformer oil purification, oil testing and top up,
transformer re-gasketing in 3KV DC traction substations. 3 contactable
(Score 90)
references relevant to the RFQ with 3 completion certificates or in execution i.e.
Purchase Orders or Letters
Very Good Proven track record in Transformer oil purification, oil testing and top up,
transformer re-gasketing in 3KV DC traction substations. 4 contactable
(Score 100)
references relevant to the RFQ with 4 completion certificates or in execution i.e.
Purchase Orders or Letters
DOCUMENT NAME
The Bidder/s must submit the method statement covering the following Quality assurance,
safe execution of duties. This document should detail the way each activity or process is to be
completed. The method statement should also outline the hazards involved and include a step
by step guide on how to do the job safely. It should again detail control measures to be
introduced to ensure the safety everyone who will be affected by the project activities. The
method statement cannot be used as safety plan but technical approach and methodology on
the actual work execution. The company special and practical knowledge in business services
is required. The contractor must supply/provide and identify his/ her proposed technical team.
And state their job description, experience and qualifications. A company profile and
organogram can be provided as well as the organograms for this project.
No Response
The tenderer has submitted no information.
(score 0)
Poor (score 40) The contractor did not understand or include certain aspects of the scope
and submitted (1) criteria as per the project requirements.
Satisfactory The approach only covered (2) criteria’s and not tailored to cover all
(score 70) project objectives.
Good (score 90) The approach is specifically tailored to address the specific project
objectives and requirements and is sufficient and flexible to accommodate
changes that may occur during execution and has covered (3) of the
above requirements.
Very Good The four (4) items have been covered in detail on the methodology and
(score 100) the contractor has a thorough understanding of the project requirements.
Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must
complete the certificate set out below for his category of organisation or alternatively attach a
certified copy of a company / organisation document which provides the same information for
the relevant category as requested here.
documents in connection with this tender offer and any contract resulting from it on behalf of
the company.
Signed Date
We, the undersigned, being the key partners in the business trading as
NOTE: This certificate is to be completed and signed by the full number of Partners necessary
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise
partner, to sign all documents in connection with the tender offer for Contract
This authorisation is evidenced by the attached power of attorney signed by legally authorised
signatories of all the partners to the Joint Venture.
Furthermore we attach to this Schedule a copy of the joint venture agreement which
incorporates a statement that all partners are liable jointly and severally for the execution of
the contract and that the lead partner is authorised to incur liabilities, receive instructions and
payments and be responsible for the entire execution of the contract for and on behalf of any
and all the partners.
Authorising signature,
Name of firm Address name (in caps) and
capacity
business trading as .
Signed Date
10
11
12
13
14
15
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4.
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Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.
Tenders to note: Notwithstanding this information, all costs related to risk elements which are
at the Contractor’s risk are deemed to be included in the tenderer’s offered total of the Prices.
The Tenderer to submit a list of all Equipment and other resources that will be used to execute
the service as described in the Service Information.
1 - Medical Treatment Case Any occupational injury or illness requiring treatment provided by a physician or treatment
provided under the direction of a physician
2 – Restricted Work Day Case Any occupational injury or illness that prevents a worker from performing any of his/her craft
jurisdiction duties
3 – Lost Time injury Cases Any occupational injury that prevents the worker from performing any work for at least one
day
4 – Total Recordable Frequency Total number of Medical Treatment, Restricted Work and Lost Time Injury cases multiplied by
200,000 then divided by total manhours
5- Lost Time Injury Frequency Total number of Lost Time Injury cases multiplied by 200,000 then divide by total manhours
1B. Workers’ Compensation Experience
Use the previous three years injury and illness records to complete the following (if applicable):
Industry Code: Industry Classification:
Year
Industry Rate
Contractor Rate
% Discount or Surcharge
Is your Workers’ Compensation account in good Yes
standing? No
(Please provide letter of confirmation)
2. CITATIONS
2A. Has your company been cited, charged or prosecuted under Health, Safety and/or Environmental
Legislation in the last 5 years?
Yes No
If yes, provide details:
2B. Has your company been cited, charged or prosecuted under the above Legislation in another
Country, Region or State?
Yes No
If yes, provide details:
3. CERTIFICATE OF RECOGNITION
CPM 2020 Rev 01 Part T2: Returnable Schedules
Page 1 of 10 T2.2-12: Evaluation Schedule:
Health and Safety Questionnaire
Transnet Freight Rail
Tender Number: CRAC DNR 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
4. SAFETY PROGRAM
Do you have a written safety program manual? Yes No
If Yes, provide a copy for review
Do you have a pocket safety booklet for field distribution? Yes No
If Yes, provide a copy for review
Does your safety program contain the following elements:
YES NO YES NO
CORPORATE SAFETY POLICY EQUIPMENT MAINTENANCE
INCIDENT NOTIFICATION POLICY EMERGENCY RESPONSE
RECORDKEEPING & STATISTICS HAZARD ASSESSMENT
REFERENCE TO LEGISLATION SAFE WORK PRACTICES
GENERAL RULES & REGULATIONS SAFE WORK PROCEDURES
PROGRESSIVE DISCIPLINE POLICY WORKPLACE INSPECTIONS
RESPONSIBILITIES INVESTIGATION PROCESS
PPE STANDARDS TRAINING POLICY & PROGRAM
ENVIRONMENTAL STANDARDS COMMUNICATION PROCESSES
MODIFIED WORK PROGRAM
5. TRAINING PROGRAM
5A. Do you have an orientation program for new hire employees? Yes No
If Yes, include a course outline. Does it include any of the following:
YES NO YES NO
GENERAL RULES & REGULATIONS CONFINED SPACE ENTRY
EMERGENCY REPORTING TRENCHING & EXCAVATION
INJURY REPORTING SIGNS & BARRICADES
LEGISLATION DANGEROUS HOLES & OPENINGS
RIGHT TO REFUSE WORK RIGGING & CRANES
PERSONAL PROTECTIVE EQUIPMENT MOBILE VEHICLES
EMERGENCY PROCEDURES PREVENTATIVE MAINTENANCE
PROJECT SAFETY COMMITTEE HAND & POWER TOOLS
HOUSEKEEPING FIRE PREVENTION & PROTECTION
LADDERS & SCAFFOLDS ELECTRICAL SAFETY
FALL ARREST STANDARDS COMPRESSED GAS CYLINDERS
AERIAL WORK PLATFORMS WEATHER EXTREMES
5B. Do you have a program for training newly hired or promoted supervisors? Yes No
(If Yes, submit an outline for evaluation. Does it include instruction on the following:
Yes No Yes No
EMPLOYER RESPONSIBILITIES SAFETY COMMUNICATION
EMPLOYEE RESPONSIBILITIES FIRST AID/MEDICAL PROCEDURES
DUE DILIGENCE NEW WORKER TRAINING
SAFETY LEADERSHIP ENVIRONMENTAL REQUIREMENTS
WORK REFUSALS HAZARD ASSESSMENT
INSPECTION PROCESSES PRE-JOB SAFETY INSTRUCTION
EMERGENCY PROCEDURES DRUG & ALCOHOL POLICY
INCIDENT INVESTIGATION PROGRESSIVE DISCIPLINARY POLICY
SAFE WORK PROCEDURES SAFE WORK PRACTICES
SAFETY MEETINGS NOTIFICATION REQUIREMENTS
6. SAFETY ACTIVITIES
Do you conduct safety inspections? Yes No Weekly Monthly Quarterly
Do you hold site meetings where safety is addressed with management and field supervisors?
Yes No Weekly Biweekly Monthly
Does your company have policies and procedures for environmental protection, spill clean-up,
reporting, waste disposal, and recycling as part of the Health & Safety Program?
Yes No
How does your company measure its H&S success?
• Attach separate sheet to explain
7. SAFETY STEWARDSHIP
7A Are incident reports and report summaries sent to the following and how often?
Yes No Monthly Quarterly Annually
Project/Site Manager
Managing Director
Safety Director/Manager
/Chief Executive Officer
7B How are incident records and summaries kept? How often are they reported internally?
Yes No Monthly Quarterly Annually
Incidents totaled for the entire company
Incidents totaled by project
• Subtotaled by superintendent
• Subtotaled by foreman
7C How are the costs of individual incidents kept? How often are they reported internally?
Yes No Monthly Quarterly Annually
Costs totaled for the entire company
Costs totaled by project
• Subtotaled by superintendent
• Subtotaled by foreman/general foreman
7D Does your company track non-injury incidents?
Yes No Monthly Quarterly Annually
Near Miss
Property Damage
Fire
Security
Environmental
8 PERSONNEL
List key health and safety officers planned for this project. Attach resume.
Name Position/Title Designation
Supply name, address and phone number of your company’s corporate health and safety
representative. Does this individual have responsibilities other than health, safety and environment?
Name Address Telephone Number
Other responsibilities:
9 REFERENCES
List the last three company’s your form has worked for that could verify the quality and management
commitment to your occupational Health & Safety program
Name and Company Address Phone Number
This questionnaire forms part of the TFR tender evaluation process. It must be completed by all
Tenderer’s and submitted with their tender offer. The tenderer Health and Safety (SHE) Plan must
also be submitted. The objective of the questionnaire is to provide an overview of the status of the
Tenderer’s SHE management system. Tenderers will be required to verify their responses noted in
their questionnaire by providing evidence of their ability and capacity in relevant matters. The
tenderer warrants that the information provided below is accurate and correct. TFR may verify the
accuracy of this information during the physical visit as part of the tender evaluation.
Company Name:
Signed: Name:
Position: Date:
- Has the tenderer made provision for the cost of safety in the tender
price?
If yes provide evidence
7. Health and Safety Plan (SHE Plan) Are the following arrangements included
and adequately addressed in the Health and Safety Plan:
- Emergency Planning?
- If yes provide details
- Fall Protection?
- If yes provide details
- Project Security?
- If yes provide details
- Medical Surveillance?
- If yes provide details
- Operational Safety?
- If yes provide details
8. Health and Safety Violations (Response with proof =2 points & No Response
=0 points) Total 2 point
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
DIFR = Number of Disabling injuries x 200000 divided by number of manhours worked for
the period
Signed (Tenderer)
Signed Date
Name Position
Tenderer
* Complete only if sole proprietor or partnership and attach separate page if more than 3
partners
Section 6: Particulars of companies and close corporations
Section 7: The attached SBD4 must be completed for each tender and be
attached as a tender requirement.
Section 8: The attached SBD 6 must be completed for each tender and be
attached as a requirement.
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the
enterprise:
i) authorizes the Employer to obtain a tax clearance certificate from the South African
Revenue Services that my / our tax matters are in order;
ii) confirms that the neither the name of the enterprise or the name of any partner,
manager, director or other person, who wholly or partly exercises, or may exercise,
control over the enterprise appears on the Register of Tender Defaulters established
in terms of the Prevention and Combating of Corrupt Activities Act of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly
exercises, or may exercise, control over the enterprise appears, has within the last
five years been convicted of fraud or corruption;
iv) confirms that I / we are not associated, linked or involved with any other tendering
entities submitting tender offers and have no other relationship with any of the
tenderers or those responsible for compiling the scope of work that could cause or be
interpreted as a conflict of interest; and
v) confirms that the contents of this questionnaire are within my personal knowledge
and are to the best of my belief both true and correct.
Signed Date
Name Position
Enterprise
name
SBD 6.1
PREFERENCE POINTS CLAIM FORM
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).
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
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes
included) and therefore the 80/20 preference point system shall be applicable. Despite
the stipulated preference point system, Transnet shall use the lowest acceptable bid
to determine the applicable preference point system in a situation where all received
acceptable bids are received outside the stated preference point system.
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:
POINTS
PRICE 80
B-BBEE Status Level 1 or 2 10
+50 Black Youth Owned Entities 10
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit proof of B-BBEE status level of contributor
together with the bid will 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 adjudicated
Pt − P min
Ps = 801 −
P min
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION
4.1 preference points must be awarded to a bidder for attaining the B-BBEE status level of
contribution in accordance with the table below:
Number of points
B-BBEE Status Level of Contributor
(80/20 system)
4.2 The table below indicates the required proof of B-BBEE status depending on the
category of enterprises:
4.3 A trust, consortium or joint venture (including unincorporated consortia and joint
ventures) must submit a 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
level certificates in 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
documents that such 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
contract to any other 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
requirements may be 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 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF
PARAGRAPHS 1.4 AND 6.1
6.1 B-BBEE Status Level of Contribution: . = ………(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.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraph 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,, 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
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a
result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due to
such cancellation;
(d) if the successful bidder subcontracted a portion of the bid to
another person without disclosing it, Transnet reserves the right to
penalise the bidder up to 10 percent of the value of the contract;
(e) recommend that the bidder or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted by the National Treasury from
obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other
side) rule has been applied; and
(f) forward the matter for criminal prosecution.
WITNESSES ……………………………………….
1. …………………………………….. SBD4
SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
2. …………………………………….
ADDRESS …………………………………..
…………………………………..
BIDDER’S DISCLOSURE
…………………………………..
1. PURPOSE OF THE FORM
Any person (natural or juristic) may make an offer or offers in terms of this
invitation to bid. In line with the principles of transparency, accountability,
impartiality, and ethics as enshrined in the Constitution of the Republic of South
Africa and further expressed in various pieces of legislation, it is required for the
bidder to make this declaration in respect of the details required hereunder.
Where a person/s are listed in the Register for Tender Defaulters and / or the List
of Restricted Suppliers, that person will automatically be disqualified from the bid
process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners
or any person having a controlling interest1 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if
applicable, state employee numbers of sole proprietor/ directors / trustees /
shareholders / members/ partners or any person having a controlling interest in
the enterprise, in table below.
Full Name Identity Number Name of State
institution
2.2 Do you, or any person connected with the bidder, have a relationship with any
person who is employed by the procuring institution? YES/NO
2.3 Does the bidder or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest in the enterprise have any
interest in any other related enterprise whether or not they are bidding for this
contract? YES/NO
1 the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and
decisions of the enterprise.
…………………………………………………………………………….
…………………………………………………………………………….
3 DECLARATION
3.6 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.
2 Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
……………………………… ..……………………………………………
Signature Date
……………………………… ………………………………………………
Position Name of bidder
THIS AGREEMENT is made effective as of ........... day of ............................... 20...... by and between:
(Registration No. 1990/000900/30), a company incorporated and existing under the laws of South Africa, having its
principal place of business at Transnet Corporate Centre 138 Eloff Street , Braamfontein , Johannesburg 2000
and
..........................................................................................................................................................................
(Registration No. .........................................),a private company incorporated and existing under the laws of South
Africa having its principal place of business at
..........................................................................................................................................................................
..........................................................................................................................................................................
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 Tender
Document.
IT IS HEREBY AGREED
1. INTERPRETATION
In this Agreement:
1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or sub-contractors,
or any Group member;
1.2 Bid or Bid Document (hereinafter Tender) means Transnet’s Request for Information [RFI] Request for
Proposal [RFP] or Request for Quotation [RFQ], as the case may be;
1.3 Confidential Information means any information or other data relating to one party [the Disclosing
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 than as a result
of disclosure by the Receiving Party or any of its Agents contrary to the terms of this Agreement];
or
1.3.2 was lawfully in the possession of the Receiving Party or its Agents [as can be demonstrated by its
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 can be
demonstrated by its written records or other reasonable evidence] from a source other than the
Disclosing Party or its Agents, which source is not bound by any duty of confidentiality owed, 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 of either
party; and
1.5 Information means all information in whatever form including, without limitation, any information
relating to systems, operations, plans, intentions, market opportunities, know-how, trade secrets and
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] to the other
party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will not,
without the Disclosing Party’s written consent, directly or indirectly communicate or disclose [whether in
writing or orally or in any other manner] Confidential Information to any other person other than in
accordance with the terms of this Agreement.
2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and
commercial discussions between the parties in relation to the Tender or for the subsequent performance
of any contract between the parties in relation to the Tender.
2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information:
2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose
set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are
made aware prior to the disclosure of any part of the Confidential Information that the same is
confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party
shall at all times remain liable for any actions of such Agents that would constitute a breach of this
Agreement; or
2.3.2 to the extent required by law or the rules of any applicable regulatory authority, subject to clause
2.4 below.
2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance
with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing
Party regarding the form, nature, content and purpose of such disclosure or any action which the 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 otherwise than as
permitted under this Agreement then, upon becoming aware of the same, without prejudice to any rights
or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the Disclosing
Party of such event and if requested take such steps [including the institution of legal proceedings] as
shall be necessary to remedy [if capable of remedy] the default and/or to prevent further unauthorised
copying, disclosure or use.
2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not
confer on the Receiving Party any rights, including intellectual property rights over the Confidential
Information whatsoever, beyond those contained in this Agreement.
3.1 The Receiving Party agrees to ensure proper and secure storage of all Information and any copies thereof.
3.2 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon request, of
the Confidential Information provided and any copies made thereof and, so far as is reasonably practicable,
of the location of such Confidential Information and any copies thereof.
3.3 The Company shall, within 7 [seven] days of receipt of a written demand from Transnet:
3.3.1 return all written Confidential Information [including all copies]; and
3.3.2 expunge or destroy any Confidential Information from any computer, word processor or other device
whatsoever into which it was copied, read or programmed by the Company or on its behalf.
3.4 The Company shall on request supply a certificate signed by a director as to its full compliance with the
requirements of clause 3.3.2 above.
4. ANNOUNCEMENTS
4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest
in the Tender without the prior written consent of the other party.
4.2 Neither party shall make use of the other party’s name or any information acquired through its dealings
with the other party for publicity or marketing purposes without the prior written consent of the other
party.
5. DURATION
The obligations of each party and its Agents under this Agreement shall survive the termination of any
discussions or negotiations between the parties regarding the Tender and continue thereafter for a period of
5 [five] years.
6. PRINCIPAL
Each party confirms that it is acting as principal and not as nominee, agent or broker for any other person and
that it will be responsible for any costs incurred by it or its advisers in considering or pursuing the Tender and
in complying with the terms of this Agreement.
7. ADEQUACY OF DAMAGES
Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any
other remedies available to it, either at law or in equity, for any such threatened or actual breach of this
Agreement, including specific performance, recovery of damages or otherwise.
8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section
14 of the Bill of Rights in connection with this Tender and shall procure that its personnel shall observe
the provisions of such Act [as applicable] or any amendments and re-enactments thereof and any
regulations made pursuant thereto.
8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational
measures in place against unauthorised or unlawful processing of data relating to the Tender 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, except with the prior
written consent of the other, save that Transnet may assign this Agreement at any time to any member
of the Transnet Group.
9.2 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver
of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of 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 provisions are held by a
court of competent jurisdiction or other applicable authority to be invalid, void or otherwise unenforceable,
and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.4 This Agreement may only be modified by a written agreement duly signed by persons authorised on behalf
of each party.
9.5 Nothing in this Agreement shall constitute the creation of a partnership, joint venture or agency between
the parties.
9.6 This Agreement will be governed by and construed in accordance with South African law and the parties
irrevocably submit to the exclusive jurisdiction of the South African courts.
Signed Date
Name Position
Tenderer
1. Transnet has supplied and we have received appropriate tender offers to any/all questions
(as applicable) which were submitted by ourselves for tender clarification purposes;
2. we have received all information we deemed necessary for the completion of this Tender;
3. at no stage have we received additional information relating to the subject matter of this
tender from Transnet sources, other than information formally received from the
designated Transnet contact(s) as nominated in the tender documents;
4. we are satisfied, insofar as our company is concerned, that the processes and procedures
adopted by Transnet in issuing this tender and the requirements requested from tenderers
in responding to this tender have been conducted in a fair and transparent manner; and
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
[Failure to furnish complete and accurate information in this regard may lead to
the disqualification of your response and may preclude a Respondent from
doing future business with Transnet]
We declare, to the extent that we are aware or become aware of any relationship between
ourselves and Transnet (other than any existing and appropriate business relationship with
CPM 2020 Rev 01 Part T2: Returnable Schedules
Page 1 of 3 T2.2-15: RFQ Declaration Form
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.
Transnet) which could unfairly advantage our company in the forthcoming adjudication
process, we shall notify Transnet immediately in writing of such circumstances.
6. We accept that any dispute pertaining to this tender will be resolved through
the Ombudsman process and will 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. (Refer “Important Notice to respondents”
below).
7. We further accept that Transnet reserves the right to reverse a tender award
or decision based on the recommendations of the Ombudsman without having
to follow a formal court process to have such award or decision set aside.
8. We have acquainted ourselves and agree with the content of T2.2-18 “Service
Provider Integrity Pact”.
………………………………………………………………………………………………………………………..……
Name:
Signature:
Date:
• An official complaint form may be downloaded from this website and submitted, together
with any supporting documentation, within the prescribed period, to
procurement.ombud@transnet.net
• For transactions below the R5,000,000.00 (five million S.A. Rand) threshold, a complaint
may be lodged with the Chief Procurement Officer of the relevant Transnet Operating
Division.
• All Tenderers should note that a complaint must be made in good faith. If a complaint is
made in bad faith, Transnet reserves the right to place such a tenderer on its List of
Excluded Bidders.
I / We ___________________________________________________________ do hereby
certify that I/we have/have not been found guilty during the preceding 5 (five) years of a
serious breach of law, including but not limited to a breach of the Competition Act, 89 of
1998, by a court of law, tribunal or other administrative body. The type of breach that the
Tenderer is required to disclose excludes relatively minor offences or misdemeanours, e.g.
traffic offences.
NATURE OF BREACH:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
DATE OF BREACH:
____________________________________________________________________________
Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any
Tenderer from the tendering process, should that person or company have been found guilty
of a serious breach of law, tribunal or regulatory obligation.
_______________________
SIGNATURE OF TENDER
____________________________________________________________________________
1. By signing this certificate I/we acknowledge that I/we have made myself/ourselves
thoroughly familiar with, and agree with all the conditions governing this RFQ. This
includes those terms and conditions of the Contract, the Supplier Integrity Pact, Non-
Disclosure Agreement etc. contained in any printed form stated to form part of the
documents thereof, but not limited to those listed in this clause.
2. I/we furthermore agree that Transnet SOC Ltd shall recognise no claim from me/us for
relief based on an allegation that I/we overlooked any tender/contract condition or failed
to take it into account for the purpose of calculating my/our offered prices or otherwise.
3. I/we understand that the accompanying Tender will be disqualified if this Certificate is
found not to be true and complete in every respect.
4. For the purposes of this Certificate and the accompanying Tender, I/we understand that
the word “competitor” shall include any individual or organisation, other than the
Tenderer, whether or not affiliated with the Tenderer, who:
c) provides the same Services as the Tenderer and/or is in the same line of business
as the Tenderer
5. The Tenderer has arrived at the accompanying Tender independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium will not be construed
as collusive Tendering.
6. In particular, without limiting the generality of paragraph 5 above, there has been no
consultation, communication, agreement or arrangement with any competitor
regarding:
a) prices;
e) the submission of a tender which does not meet the specifications and conditions
of the tender; or
8. The terms of the accompanying tender have not been, and will not be, disclosed by the
Tenderer, directly or indirectly, to any competitor, prior to the date and time of the
official tender opening or of the awarding of the contract.
9. I/We am/are aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to tenders and contracts, tenders 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. In addition, Tenderers that submit suspicious tenders 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.
_____________________________
SIGNATURE OF TENDERER
The contract with the successful tenderer will automatically incorporate this
Integrity Pact and shall be deemed as part of the final concluded contract.
INTEGRITY PACT
Between
(“Transnet”)
and
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 Tenderers/Service Providers/Contractors.
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.
1 OBJECTIVES
1.1 Transnet and the Tenderer/Service Provider/Contractor agree to enter into this
Integrity Pact, to avoid all forms of dishonesty, 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 conformity to the defined specifications of the works,
goods and services; and
b) Enable Tenderers/Service Providers/Contractors to abstain from bribing or
participating in any corrupt practice in order to secure the contract.
2 COMMITMENTS OF TRANSNET
Transnet commits to take all measures necessary to prevent dishonesty, fraud and
corruption and to observe the following principles:
2.2 Transnet will, during the registration and tendering process treat all Tenderers/
Service Providers/Contractor with equity, transparency and fairness. Transnet
will in particular, before and during the registration process, provide to all
Tenderers/ Service Providers/Contractors the same information and will not
provide to any Tenderers/Service Providers/Contractors confidential/additional
information through which the Tenderers/Service Providers/Contractors could
obtain an advantage in relation to any tendering process.
2.3 Transnet further confirms that its employees will not favour any prospective
Tenderers/Service Providers/Contractors in any form that could afford an undue
advantage to a particular Tenderer during the tendering stage, and will further
treat all Tenderers/Service Providers/Contractors participating in the tendering
process in a fair manner.
2.4 Transnet will exclude from the tender process such employees who have any
personal interest in the Tenderers/Service Providers/Contractors participating in
the tendering process.
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.
3.3 The Tenderer/Service Provider/Contractor will not collude with other parties
interested in the contract to preclude a competitive Tender price, impair the
transparency, fairness and progress of the tendering process, Tender evaluation,
contracting and implementation of the contract. The Tenderer / Service Provider
further commits itself to delivering against all agreed upon conditions as
stipulated within the contract.
3.4 The Tenderer/Service Provider/Contractor will not enter into any illegal or
dishonest agreement or understanding, whether formal or informal with other
Tenderers/Service Providers/Contractors. This applies in particular to
certifications, submissions or non-submission of documents or actions that are
restrictive or to introduce cartels into the tendering process.
3.5 The Tenderer/Service Provider/Contractor will not commit any criminal offence
under the relevant anti-corruption laws of South Africa or any other country.
Furthermore, the Tenderer/Service Provider/Contractor 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.
the name and address of the foreign principals, if any, involved directly or
indirectly in the registration or tendering process.
3.10 The Tenderer/Service Provider/Contractor confirms that they will uphold the ten
principles of the United Nations Global Compact (UNGC) in the fields of Human
Rights, Labour, Anti-Corruption and the Environment when undertaking business
with Transnet as follows:
a) Human Rights
• Principle 2: make sure that they are not complicit in human rights abuses.
b) Labour
c) Environment
d) Anti-Corruption
• Principle 10: Businesses should work against corruption in all its forms,
including extortion and bribery.
4 INDEPENDENT TENDERING
4.1 For the purposes of that Certificate in relation to any submitted Tender, the
Tenderer declares to fully understand that the word “competitor” shall include
any individual or organisation, other than the Tenderer, whether or not affiliated
with the Tenderer, who:
4.2 The Tenderer has arrived at his submitted Tender independently from, and
without consultation, communication, agreement or arrangement with any
competitor. However communication between partners in a joint venture or
consortium will not be construed as collusive tendering.
4.3 In particular, without limiting the generality of paragraph 5 above, there has
been no consultation, 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 Tender;
e) the submission of a Tender which does not meet the specifications and
conditions of the RFQ; or
f) tendering with the intention of not winning the Tender.
4.5 The terms of the Tender as submitted have not been, and will not be, disclosed
by the Tenderer, directly or indirectly, to any competitor, prior to the date and
time of the official Tender opening or of the awarding of the contract.
4.6 Tenderers are aware that, in addition and without prejudice to any other remedy
provided to combat any restrictive practices related to Tenders and contracts,
Tenders 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.
4.7 Should the Tenderer find any terms or conditions stipulated in any of the relevant
documents quoted in the Tender unacceptable, it should indicate which
conditions are unacceptable and offer alternatives by written submission on its
company letterhead, attached to its submitted Tender. 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.
5.3 If the Tenderer/Service Provider/Contractor can prove that it has restored the
damage caused by it and has installed a suitable 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.
6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s
Supply Chain Policy and Procurement Procedures Manual (CPM included) 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 details (including the 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
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 proof to commence 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 Goods/Services, in addition to restricting a company/person from future
business, Transnet may decide to terminate some or all existing contracts with the
company/person as well.
6.6 A Service Provider or Contractor to Transnet may not subcontract any portion of
the contract to a blacklisted company.
6.7 Grounds for blacklisting include: If any person/Enterprise which has submitted a
Tender, concluded a contract, or, in the capacity of agent or subcontractor, has
been associated with such Tender or contract:
a) Has, in bad faith, withdrawn such Tender after the advertised closing date
and time for the receipt of Tenders;
b) has, after being notified of the acceptance of his Tender, failed or refused
to sign a contract when called upon to do so in terms of any condition
forming part of the Tender documents;
c) has carried out any contract resulting from such Tender 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:
(ii) before making such statement he took all reasonable steps to satisfy
himself of its correctness;
g) caused Transnet damage, or to incur costs in order to meet the contractor’s
requirements and which could not be recovered from the contractor;
h) has litigated against Transnet in bad faith.
6.9 Companies associated with the person/s guilty of misconduct (i.e. entities
owned, controlled or managed by such persons), any companies subsequently
formed by the person(s) guilty of the misconduct and/or an existing company
where such person(s) acquires a controlling stake may be considered for
7 PREVIOUS TRANSGRESSIONS
8.1 Transnet shall also take all or any one of the following actions, wherever required
to:
9 CONFLICTS OF INTEREST
9.2 A Transnet employee uses his / her position, or privileges or information obtained
while acting in the capacity as an employee for:
a) Private gain or advancement; or
b) The expectation of private gain, or advancement, or any other advantage accruing
to the employee must be declared in a prescribed form.
9.4 The Tenderer/Service Provider/Contractor shall not lend to or borrow any money
from or enter into any monetary dealings or 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 Tenderer/Service Provider/Contractor.
10 DISPUTE RESOLUTION
10.1 Transnet recognises that trust and good faith are pivotal to its relationship with
its Tenderer / Service Provider / Contractor. When a dispute arises between
Transnet and its Tenderer / Service Provider / Contractor, 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 blacklisting
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:
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 tendering 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.
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.
Signature …………………………………
Date ………………………………………..
Transnet SOC Limited aims to achieve the best value for money when buying or selling goods
and obtaining services. This however must be done in an open and fair manner that supports
and drives a competitive economy. Underpinning our process are several acts and policies that
any supplier dealing with Transnet must understand and support. These are:
• Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply
Chain Management): fair, equitable, transparent, competitive and cost effective;
This code of conduct has been included in this contract to formally appraise Transnet Suppliers
of Transnet’s expectations regarding behaviour and conduct of its Suppliers.
Transnet is in the process of transforming itself into a self-sustaining State Owned Enterprise,
actively competing in the logistics industry. Our aim is to become a world class, profitable,
logistics organisation. As such, our transformation is focused on adopting a performance culture
and to adopt behaviours that will enable this transformation.
• Transnet and its employees will follow the laws of this country and keep accurate
business records that reflect actual transactions with, and payments to, our
suppliers.
- Win or retain business or to influence any act or decision of any person involved
in sourcing decisions; or
2. Transnet SOC Limited is firmly committed to the ideas of free and competitive
enterprise.
• Suppliers are expected to comply with all applicable laws and regulations regarding
fair competition and antitrust practices.
• Transnet does not engage with non-value adding agents or representatives solely
for the purpose of increasing BBBEE spend (fronting).
• Generally, suppliers have their own business standards and regulations. Although
Transnet cannot control the actions of our suppliers, we will not tolerate any illegal
activities. These include, but are not limited to:
- Collusion;
• Suppliers must record and report facts accurately, honestly and objectively.
Financial records must be accurate in all material respects.
Conflicts of Interest
A conflict of interest arises when personal interests or activities influence (or appear to
influence) the ability to act in the best interests of Transnet SOC Limited.
Where possible, contracts will be negotiated to include the above in the terms of such contracts.
To the extent such terms are not included in contractual obligations and any of the above code
is breached, then Transnet reserves its right to review doing business with these suppliers.
I, of
hereby acknowledge having read, understood and agree to the terms and conditions set out in
the “Transnet Supplier Code of Conduct.”
_________________________
Signature
1.1. The rights and obligation of the Parties in terms of the Protection of Personal Information Act, 4 of
2013 (“POPIA”) are included as forming part of the terms and conditions of this contract.
2.1. The following terms shall bear the same meaning as contemplated in Section 1 of the Protection of
Person information act, No. of 2013 ”(POPIA”):
consent; data subject; electronic communication; information officer; operator; person; personal
information; processing; record; Regulator; responsible party; special information; as well as any
terms derived from these terms.
2.2. The Operator will process all information by the Transnet in terms of the requirements contemplated
in Section 4(1) of the POPIA:
2.3. The Parties acknowledge and agree that, in relation to personal information of Transnet and the
information of a third party that will be processed pursuant to this Agreement , the Operator is
(insert name of
Tenderer/Contractor…………………………………………………………………………………………….) hereinafter
Operator and the Data subject is “Transnet”. Operator will process personal information only with
the knowledge and authorisation of Transnet and will treat personal information and the
information of a third party which comes to its knowledge as confidential and will not disclose it,
unless so required by law or subject to the exceptions contained in the POPIA.
2.4. Transnet reserves all the rights afforded to it by the POPIA in the processing of any of its information
as contained in this Agreement and the Operator is required to comply with all prescripts as detailed
in the POPIA relating to all information concerning Transnet.
2.5. In terms of this Agreement, the Operator acknowledges that it will obtain and have access to
personal information of Transnet and the information of a third party and agrees that it shall only
process the information disclosed by Transnet in terms of this Agreement and only for the purposes
as detailed in this Agreement and in accordance with any applicable law.
2.6. Should there be a need for the Operator to process the personal information and the information of
a third party in a way that is not agreed to in this Agreement, the Operator must request consent
from Transnet to the processing of its personal information or and the information of a third party
in a manner other than that it was collected for, which consent cannot be unreasonably withheld.
2.7. Furthermore, the Operator will not otherwise modify, amend or alter any personal information and
the information of a third party submitted by Transnet or disclose or permit the disclosure of any
personal information and the information of a third party to any third party without prior written
consent from Transnet.
2.8. The Operator shall, at all times, ensure compliance with any applicable laws put in place and
maintain sufficient measures, policies and systems to manage and secure against all forms of risks
to any information that may be shared or accessed pursuant to the services offered to Transnet in
terms of this Agreement (physically, through a computer or any other form of electronic
communication).
2.9. The Operator shall notify Transnet in writing of any unauthorised access to personal information
and the information of a third party , cybercrimes or suspected cybercrimes, in its knowledge and
report such crimes or suspected crimes to the relevant authorities in accordance with applicable
laws, after becoming aware of such crimes or suspected crime. The Operator must inform Transnet
of the breach as soon as it has occurred to allow Transnet to take all necessary remedial steps to
mitigate the extent of the loss or compromise of personal information and the information of a third
party and to restore the integrity of the affected personal information as quickly as is possible.
2.10. Transnet may, in writing, request the Operator to confirm and/or make available any personal
information and the information of a third party in its possession in relation to Transnet and if such
personal information has been accessed by third parties and the identity thereof in terms of the
POPIA.
2.11. Transnet may further request that the Operator correct, delete, destroy, withdraw consent or object
to the processing of any personal information and the information of a third party relating to the
Transnet or a third party in the Operator’s s possession in terms of the provision of the POPIA and
utilizing Form 2 of the POPIA Regulations .
2.12. In signing this addendum that is in terms of the POPIA, the Operator hereby agrees that it has
adequate measures in place to provide protection of the personal information and the information
of a third party given to it by Transnet in line with the 8 conditions of the POPIA and that it will
provide to Transnet satisfactory evidence of these measures whenever called upon to do so by
Transnet.
The Operator is required to provide confirmation that all measures in terms of the POPIA are
in place when processing personal information and the information of a third party received
from Transnet:
YES NO
2.13. Further, the Operator acknowledges that it will be held liable by Transnet should it fail to process
personal information in line with the requirements of the POPIA. The Operator will be subject to any
civil or criminal action, administrative fines or other penalty or loss that may arise as a result of the
processing of any personal information that Transnet submitted to it.
2.14. Should a Tenderer have any complaints or objections to processing of its personal information, by
3. SOLE AGREEMENT
3.1. The Agreement, constitute the sole agreement between the parties relating to the subject matter
referred to in paragraph 1.1 of this and no amendment/variation/change shall be of any force and
effect unless reduced to writing and signed by or on behalf of both parties.
Name: _________________________
Title: _________________________
Signature: ______________________
…………………………………………………………………(Pty) Ltd
(Operator)
Authorised signatory for and on behalf of ………………………………………………………………(Pty) Ltd who warrants
that he/she is duly authorised to sign this Agreement.
AS WITNESSES:
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen
Substation 3kv Dc.
Clause 83.1 in NEC3 Term Service Contract (June 2005)(amended June 2006 and April 2013)
requires that the Contractor provides the insurance stated in the insurance table except any
insurance which the Employer is to provide as stated in the Contract Data.
Please provide the following details for insurance which the Contractor is still to provide.
Notwithstanding this information all costs related to insurance are deemed included in the
tenderer’s rates and prices.
Insurance against Name of Insurance
Cover Premium
(See clause 83.1 of the TSC) Company
either examined the documents listed in the Tender Data and addenda thereto as listed in the
Returnable Schedules, and by submitting this Offer has accepted the Conditions of Tender.
or examined the draft contract as listed in the Acceptance section and agreed to provide this Offer.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer
and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the
contract including compliance with all its terms and conditions according to their true intent and meaning for
an amount to be determined in accordance with the conditions of contract identified in the Contract Data.
This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and
Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the
tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed,
whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified
in the Contract Data.
Signature(s)
Name(s)
Capacity
For the
tenderer:
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the
tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in
accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer
shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in
this agreement and in the contract that is the subject of this agreement.
Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
and drawings and documents (or parts thereof), which may be incorporated by reference into the above
listed Parts.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed
in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the
Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached
to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said
documents are valid unless contained in this Schedule.
The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule
of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange
the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be
provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this
agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall
constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date of award.
Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the
Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall
constitute a binding contract between the Parties.
Signature(s)
Name(s)
Russell Molokoane
Capacity Head of Supply Chain, ConCor
Schedule of Deviations
Note:
1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the
contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the
outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to
incorporate the effect of it.
By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the
tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the
documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any
confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer
during this process of Offer and Acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period
between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of
this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.
On behalf (Insert name and address of organisation) 151 South Coast Road
of Loliwe House
Bayhead, Durban 4001
Name &
signature
of witness
Date
Having elected its Contractual Address for 151 South Coast Road
the purposes of this contract as: Loliwe House
Bayhead, Durban
4001
Address DE BUILDING
CNR LYELL & ALEXANDER STREET
LADYSMITH
e-mail Xolisa.Baca@transnet.net
11.2(13) The service is Replace Buchholz Relay, Oil Top Up, Testing
And Purification.
12.2 The law of the contract is the law of The Republic of South Africa subject to the
jurisdiction of the Courts of South Africa.
3 Time
30.1 The starting date is. TBC
5 Payment
50.1 The assessment interval is 25th (twenty fifth) day of each successive
month.
51.2 The period within which payments are Payment will be effected on or before the last
made is day of the month following the month during
which a valid Tax Invoice and Statement
were received.
51.4 The interest rate is The prime lending rate of the Standard Bank
South Africa.
7 Use of Equipment Plant and No additional data is required for this section
Materials of the conditions of contract.
83.1 The minimum limit of indemnity for Whatever Contractor deems necessary as the
insurance in respect of loss and damage Employer is not carrying this indemnity.
to property (except goods, plant and
materials and equipment) and liability for
bodily injury or death of a person (not an
employee of the Contractor) caused by
activity in connection with this contract for
any one event is:
83.1 The minimum limit of indemnity for As prescribed by the Compensation for
insurance in respect of death of or bodily Occupational Injuries and Diseases Act No.
injury to employees of the Contractor 130 of 1993 and the Contractor’s common
arising out of and in the course of their law liability for people falling outside the
employment in connection with this scope of the Act.
contract for any one event is:
83.1 The Contractor liability to the Employer for The Total of the Prices.
indirect or consequential loss including
loss of profit, revenue and goodwill, is
limited to:
83.1 For any one event, the Contractor liability The Total of the Prices.
to the Employer for loss of or damage to
the Employers property is limited to:
83.1 The Contractor total liability to the The Total of the Prices.
Employer for all matters arising under or
in connection with this contract, other
than the excluded matters, is limited to:
W1.1 The Adjudicator is (Name) Both parties will agree as and when a dispute
arises. If the parties cannot reach an
agreement on the Adjudicator, the chairman
of the Association of Arbitrators will appoint
an Adjudicator.
W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of
the Association of Arbitrators (Southern
Africa)
X18.5 The end of liability date is 1 year after the end of the service period.
Z1.2 Termination Table The following will be included under core clause
90.2 Termination Table as follows:
Completion of the data in full, according to Options chosen, is essential to create a complete contract.
Address
Tel No.
Fax No.
1 Name: ………
Job: ……….
Responsibilities: ……….
Qualifications: ……….
Experience: ……….
2 Name: ……….
Job ……….
Responsibilities: ……….
Qualifications: ……….
Experience: ……….
……….
Tables stating Delays that will be taken into consideration for Penalties.
ANNEXURE A: X17 Low Service Damages
1 Any Delays that are due to material from 1 week from day of tender R 1 000.00 per day for
contractor awarded, any challenges any delays that are more
should be escalated with the than are week due to
Service manager. neglection from
contractor.
2. Delays due to bad weather To be monitored Contractor shall be given
additional day that are
equal to the number of
days from weather
3. Delays that are due to non-availability of To be discussed with TFR The conclusion will be
contractor personnel. Service manager based on the agreed
terms and duration
between two parties
4. Delays encountered due to business To be discussed with TFR Necessary process will be
operation. Service manager taken, contractor shall be
compensated with
additional days to
complete the required
work.
5. Delays that are due to TFR personnel to To be escalated with TFR Necessary process will be
take permit Service manager. taken, contractor shall be
compensated with
additional days to
complete the required
work.
6. Delays from contractor hiring personnel 1 week any challenges The conclusion will be
*To be discussed with TFR based on the agreed
Service manager should any terms and duration
further challenges be between two parties
encounter that are beyond
contractor control.
7. Any other delays that are due to R 1 000.00 per day for
contractor negligence. i.e. not taking care any delays that are more
of their working equipment, property than are week due to
damage to due to non-adherence to TFR neglection from
contractor.
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.
Document Title No of
reference pages
1.2 How the contract prices work and assesses it for progress payments
Clause 11 in NEC3 Term Services Contract (TSC), June 2005 (with amendments June 2006
and April 2013) Option A states:
Identified 11
and defined
(17) The Price for Services Provided to Date is the total of
terms 11.2
• the Price for each lump sum item in the Price List which the Contractor has
completed and
• where a quantity is stated for an item in the Price List, an amount calculated
by multiplying the quantity which the Contractor has completed by the rate.
(19) The Prices are the amounts stated in the Price column of the Price List, where a
quantity is stated for an item in the Price List, the Price is calculated by multiplying
the quantity by the rate.
1.3.1 The Price List provides the basis of all valuations of the Price for Services Provided to Date,
payments in multiple currencies and general progress monitoring.
1.3.2 The amount due at each assessment date is based on activities and/or milestones completed
as indicated on the Price List.
1.3.3 The Price List work breakdown structure provided by the Contractor is based on the
activity/milestone provided by the Employer. The activities listed by the Employer are the
minimum activities acceptable and identify the specific activities which are required to achieve
Completion. The Price List work breakdown structure is compiled to the satisfaction of
the Employer with any additions and/or amendments deemed necessary.
1.3.4 The Contractor’s detailed Price List summates back to the activity/milestone provided by the
Employer and is sufficient detail to monitor completion of activities related to the operations on
the Accepted Plan in order that payment of completed activities may be assessed.
1.3.5 The Prices are obtained from the Price List. The Prices includes for all direct and indirect
costs, overheads, profits, risks, liabilities, obligations, etc. relative to the contract.
VAT @ 15%
Document Title No of
reference pages
This cover page 1
2 Specifications
Van Reenen 3KV DC substation information
• Purify and top up transformer oil and take samples after purification.
Service delivery between 07h30 and 16h00 Monday to Sunday, including public holidays.
4. Procurement
Transnet aims to achieve the best value for money when buying or selling goods and obtaining services.
This however must be done in an open and fair manner that supports and drives a competitive economy.
Underpinning our process are several acts and policies that any supplier dealing with Transnet must
understand and support. These are:
• The Transnet Detailed Procurement Procedure (DPP);
• Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply Chain
Management): fair, equitable, transparent, competitive and cost effective;
• The Public Finance Management Act (PFMA);
• The Broad Based Black Economic Empowerment Act (BBBEE); and
• The Anti Corruption Act.
This code of conduct has been included in this contract to formally apprise Transnet Suppliers of Transnet’s
expectations regarding behaviour and conduct of it’s Suppliers.
Transnet is in the process of transforming itself into a self-sustaining State Owned Enterprise, actively
competing in the logistics industry. Our aim is to become a world class, profitable, logistics organisation. As
such, our transformation is focused on adopting a performance culture and to adopt behaviours that will
enable this transformation.
4.2 Transnet will not participate in corrupt practices and therefore expects its suppliers to
act in a similar manner.
• Transnet and its employees will follow the laws of this country and keep accurate business records
that reflect actual transactions with and payments to our suppliers.
• Employees must not accept or request money or anything of value, directly or indirectly, to:
- Illegally influence their judgement or conduct or to ensure the desired outcome of a sourcing
activity;
- Win or retain business or to influence any act or decision of any decision stakeholders involved
in sourcing decisions; or
- Gain an improper advantage.
• There may be times when a supplier is confronted with fraudulent or corrupt behaviour of Transnet
employees. We expect our Suppliers to use our “Tip-offs Anonymous” Hot line to report these acts.
(0800 003 056).
4.3 Transnet is firmly committed to the ideas of free and competitive enterprise.
• Suppliers are expected to comply with all applicable laws and regulations regarding fair competition
and antitrust.
• Transnet does not engage with non-value adding agents or representatives solely for the purpose
of increasing BBBEE spend (fronting)
4.4 Transnet’s relationship with suppliers requires us to clearly define requirements,
exchange information and share mutual benefits.
• Generally, Suppliers have their own business standards and regulations. Although Transnet cannot
control the actions of our suppliers, we will not tolerate any illegal activities. These include, but
are not limited to:
- Misrepresentation of their product (origin of manufacture, specifications, intellectual property
rights, etc);
- Collusion;
- Failure to disclose accurate information required during the sourcing activity (ownership,
financial situation, BBBEE status, etc.);
- Corrupt activities listed above; and
- Harassment, intimidation or other aggressive actions towards Transnet employees.
• Suppliers must be evaluated and approved before any materials, components, products or services
are purchased from them. Rigorous due diligence is conducted and the supplier is expected to
participate in an honest and straight forward manner.
• Suppliers must record and report facts accurately, honestly and objectively. Financial records must
be accurate in all material respects.
Conflicts of Interest
4.5 A conflict of interest arises when personal interests or activities influence (or appear to
influence) the ability to act in the best interests of Transnet.
• Doing business with family members
• Having a financial interest in another company in our industry
5.1 When the Service Manager certifies payment (see TSC Clause 50) following an assessment date,
the Contractor complies with the Employer’s procedure for invoice submission.
5.2 The invoice must correspond to the Service Manager’s assessment of the amount due to the
Contractor as stated in the payment certificate.
5.4 The invoice contains the supporting detail [insert relevant details].
6 INSTALLATION
6.1 The contractor shall be responsible for the transport to site, off-loading, storage, and security
of all material required for the execution of the works.
6.2 The contractor shall be responsible for all necessary (as decided by the Transnet manager or
technical officer) connections from nearest Transnet offices to sites.
7.1.1 The contractor shall not make use of any subcontractor to perform the works or
parts.
thereof without prior permission from the technical officer.
7.1.2 The contractor shall ensure that a safety representative is on site at all times.
All safety measures prescribed by Transnet – Electrical safety Instruction and
the “Occupational Health and Safety Act 1993 (Act 85 of 1993)” associated with
working on a project of this mature shall be adhered to.
7.1.3 The Contractor shall provide a site office. The Contractor shall provide a
triplicate site instruction book and a site diary which must remain in the site
office for the duration of the project.
7.1.4 The site instruction book shall only be used by the Service Manager or his/her
representative for issuing instructions to the Contractor.
7.1.5 The daily diary shall be completed by the Contractor and a detailed description
of the work done shall be recorded on a daily basis. Neither the books shall be
removed from the site without the permission of the Service Manager.
7.2 GUARANTEE AND DEFECTS
7.2.1 The Contractor shall guarantee the satisfactory operation of the complete
installation supplied and erected by him/her and accept liability for maker’s defects
that may appear in design, materials, and workmanship.
• The Service Manager shall be appointed and be responsible for locating and pointing
out the existing services to the contractor. The contractor shall then take full
responsibility for the protection of such services during construction. Damages to any
service shall be reported to the Service Manager who will arrange for its repair. The
cost of the repair shall be to the Contractor’s expenses.
• The Contractor shall make his own arrangement for the accommodation of his
employees and staff. Where temporary housing is permitted by the Service Manager or
on Transnet Freight Rail Reserve, the Contractor shall provide a suitable sanitation,
lighting, and potable water supplies. The Contractor may, where available and subject
to the approval of the Service Manager, use Transnet Freight Rail campsites and
sanitation services. Fouling of the area inside or outside of the Transnet Freight Rail
boundaries must be prevented. The Contractor may be called upon by the Service
Manager to dispose any foul or waste matter generated by the contractor.
• All accommodation and associated costs shall be included in the tendered rates. The
accommodation of the Supervisory and Labor employees shall be in accordance with the
regulatory and statutory requirements of the Local Authorities.
• All buildings used by the Contractor as offices, storage facilities; workshops, sheds and
sanitary facilities must be of a temporary nature. Sufficient facilities only for the purposes
of this contract must be supplied. The Contractor will be required to demolish and clear
up site at completion of contract.
• The Contractor shall make his own arrangements for the supply of water and electricity
to the proposed campsite. Where available the Contractor may apply to the Service
Manager for permission to use the water/ electricity supply. All costs for making it
available as well as usage will be to the Contractor’s account.
7.5.3 SAFETY
• Contractor will take every precaution not to cause damage to property or injury to any
person because of execution of the works.
• Contractor must comply with the provisions of the Occupational Health and Safety Act,
1993 (Act no. 85 of 1993) and all regulations promulgated in terms thereof.
• Contractor must indemnify TFR against all claims for death of or injury to any person
whatsoever or damage to any property whatsoever which may arise out of or in
consequence of any act of negligence on the part of the Contractor or his employees in
the course of execution of the works and against all claims, demands, proceedings,
damages, costs charges and expenses in respect thereof.
• Contractor must comply with the provision of the Workmen's Compensation Act 1941
(Act no. 30 1941) or any subsequent Act or amendment thereto and shall provide
documentary evidence to this effect.
• Contractor must provide for the safety of his own staff during occupations as well as
outside of occupation times and shall ensure his staff's compliance with Transnet freight
rail’s safety regulations for track work
• Contractor is to confirm each day in the site diary / Instruction book that he has had a
safety talk with all his workers and that they have been instructed to stand clear of the
track / adjacent tracks when trains are passing.
• The contractor must have the associated competencies and legal requirements to carry
out such work as per safety and environmental requirements.
• Contractor to manage liaison and communications with others.
TRANSNET FREIGHT RAIL
Enquiry Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen
Substation 3kv Dc.
• In so far as they apply and they are not inconsistent with the terms of this specification,
the following specifications will form an integral part of this project. In case where these
specifications and other extracts are contrary or inconsistent with this project specification,
the project specification will rule over them. Where only extracts are supplied the whole
document can be obtained from the Transnet Freight Rail representative (i.e. Service
Manager)
• E4B (Nov. 1996): Minimum communal health requirements in areas outside the jurisdiction
of local authority: Temporary facilities for contractor’s personnel.
• E4E (April, 1997): Safety arrangements and procedural compliance with the Occupational
Health and Safety Act; Act 85 of 1993 and regulations.
• E7/1: Specifications for works on, over and adjacent to Railway lines and near High Voltage
Equipment.
7.5.7 GENERAL
B.1.1 All facilities are to meet Statutory and Transnet health requirements.
B.1.2 Works to meet all Transnet Specifications.
7.6.11 The Contractor keeps daily records of his Equipment used on Site and the Working
Areas (distinguishing between owned and hired Equipment) with access to such
daily records available for inspection by the Project Manager at all reasonable times.
7.6.12 Site services and facilities:
The Employer will identify a stacking area. This shall be purely land, i.e. no supply of
electricity, water, networking, ablutions, offices, store containers or bunded areas. The
Contractor shall provide everything necessary for providing for the works.
7.6.14 Wherever the Employer provides facilities (including, inter alia, temporary power,
water, waste disposal, telecommunications etc.) for the Contractor’s use within the
Working Areas and the Contractor adapts such facilities for use, then the
Contractor makes good and provides full reinstatement to the land (including all
apparatus of the Employer and Others in, on or under the land) and surrounding
areas to its original standard upon dismantling of such facilities and hand- back to
the Employer.
7.6.15 Excavations and associated water control
The Contractor is to ensure that all excavations are adequately braced / shored, if
necessary, as to prevent potential risk of harm / danger to his / her employees, motorist,
pedestrian, and the general public.
7.6.16 Where the Contractor encounters existing underground services, the Contractor
undertakes the following:
The Contractor must cease all works immediately and notify the Employer’s construction
supervisor.
7.6.17 The Contractor complies with the following:
Noise levels are to be kept to a minimum standard, as the works to be undertaken is
within a residential area. Residual rainwater seepage shall be managed by the Contractor,
as to prevent flooding of excavations and subsequent damage to the existing concrete
wall and roadway. OSH Act together with Transnet Policy and Procedures.
7.6.18 Giving notice of work to be covered up the Contractor shall notify the
Construction Manager or Supervisor, in writing, 24 hours prior to covering up.
The Contractor notifies the Supervisor 24 hours prior upon witnessing field density tests
to be conducted. A SANAS approved laboratory to conduct all testing on layer works and
premix works.
7.6.19 The Contractor complies with the following constraints in the execution of the works:
The Contractor may have to interface their works with other contractors on site
performing other aspects / disciplines of work required for the Employer.
7.6.20 The Contractor is permitted to carry out the following works after Completion:
7.6.20.1De-establish site
7.6.20.2Remove and re-instate all lay down areas
7.6.20.3Housekeeping
7.6.20.4Hand over all pertinent documents (material test reports, etc
TRANSNET FREIGHT RAIL
Enquiry Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen
Substation 3kv Dc.
• The Contractor shall attend all site meetings convened by the Service Manager. The
purpose of such meetings shall be to discuss progress, delays, materials, conditions,
specifications, etc. The meeting will be held under the chairmanship of the Service
Manager or his/her representative.
• Preferable days will be discussed and agreed with Contractor for the meetings. The
following people shall attend such a meeting: Service Manager, Technical Officer, and
the Contractor’s Service Manager or/ and his Site Agent, other department’s
representatives and any other person who shall be deemed necessary to attend such a
meeting.
8.3 The Contractor warrants that it will be liable to Transnet for any loss or damage caused by
strikes, riots, lockouts, or any labour disputes by and/or confined to the Contractor’s
employees, which loss will include any indirect or consequential damages.
8.6 The Contractor is responsible for educating its employees on relevant provisions of the Labour
Relations Act which deal with industrial action processes, and the risks of non-compliance.
8.7 The Contractor is required to develop a Contingency Strike Handling Plan, which plan the
Contractor is obliged to update on a three monthly basis. The Contractor must provide Transnet
NEC3 TSC CONTRACT Part C3: Service Information
Page 10 of 12
TRANSNET FREIGHT RAIL
Enquiry Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen
Substation 3kv Dc.
with this plan and all updates to the Plan. The Contractor is responsible to communicate with its
employees on site details of the plan.
9.1 In the event of any industrial action by the Contractor’s employees, the Contractor is
required to provide competent contingency resources permitted in law to carry out any of
the duties that are or could potentially be interrupted by industrial action in delivering the
Service.
9.2 The Contractor warrants that it will compensate Transnet for any costs Transnet incurs in
providing additional security to deal with any industrial action by the Contractor’s
employees.
9.3 In the event of any industrial action by the Contractor’s employees, the Contractor is
obliged:
9.4 To prepare and deliver to Transnet, within two (2) hours of the commencement of industrial
action an Industrial Action Report. If the industrial action persists the Contractor is required
to deliver the report at 8h30 each day.
9.4.1 The Industrial Action Report must provide at least the following information:
9.4.1.1 Industrial incident report,
9.4.1.2 Attendance register,
9.4.1.3 Productivity / progress to schedule reports,
9.4.1.4 Operational contingency plan,
9.4.1.5 Site security report,
9.4.1.6 Industrial action intelligence gathered.
9.4.1.7
9.4.2 The final Industrial Action Report is to be delivered 24 hours after finalisation of the
industrial action.
9.4.3 The management of the Contractor is required to hold a daily industrial action
teleconference with personnel identified by Transnet to discuss the industrial action,
settlement of the industrial action, security issues and the impact on delivery under
the contract.
9.4.4 The resolution of any disputes or industrial action by the Contractor’s employees is
the sole responsibility of the Contractor.
9.4.5 Access to Transnet premises by the Contractor and its employees is only provided
for purposes of the Contractor delivering its services to Transnet. Should the
Contractor and its employees not, for any reason, be capable of delivering its
services Transnet is entitled to restrict or deny access onto its premises and unless
otherwise authorized; such person will deem to be trespassing.
• Is affected by the work of the Contractor or used by the Contractor in Providing the Service
• is in the documents which the Contract Data states it is in.”
In Contract Data, reference has been made to this Part 4 of the contract for the location of the
Affected Property.
• Substation building
The site for the works is close to the railway line that is generally busy utilised for diesel trains.
Contractor must always report to Transnet Safety officer then they will be escorted to any site they
have to service.
Working hours are Monday to Sunday 07.30 to 16.00 (including public holidays)