Crac Lse 47004 Addendum Replace Buchholz Relays

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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.

TFR/2024/07/0005/71519/RFQ

T2.2-08: Record of Addenda to Tender Documents


This schedule as submitted confirms that the following communications received from the
Employer before the submission of this tender offer, amending the tender documents, have
been taken into account in this specific tender offer:

Date Title or Details

This Addendum is issued to correct the tender briefing session


date. The tender document issued on 15 July 2024 showed an
incorrect tender briefing date.
1 17 July 2024 The correct tender briefing date is 22 July 2024 at
10:00am. The address for the venue for tender briefing is
Depot Engineer Office Transnet Freight Rail Room 15
Electrical department Ladysmith 3370

For the Tenderer:

Name and Surname:………………………………………………

Designation:………………………………………………………….

Date:……………………………………………………………………

Signature:…………………………………………………………….

For Supply Chain Management Office:

Name and Surname: Thembinkosi Ngcobo Name and Surname: Russell Molokoane

Designation: Buyer Designation: Head of Supply Chain

Date: 17/07/2024 Date: 17/07/2024

Signature:……………………… Signature:……………………………………

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-07: Record of Addenda to Tender
documents
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

Transnet Freight Rail


an Operating Division TRANSNET SOC LTD
[Registration Number 1990/000900/30]

TFR/2024/07/0005/71519/RFQ

REQUEST FOR QUOTATION (RFQ)

FOR THE: REPLACE BUCHHOLZ RELAY, OIL TOP UP, TESTING AND PURIFICATION
AT VAN REENEN SUBSTATION 3KILO VOLT (KV) DIRECT CURRENT (DC)

RFQ NUMBER : CRAC LSE 47004


ISSUE DATE : 15 July 2024
COMPULSORY BRIEFING : 22 July 2024
CLOSING DATE : 02 August 2024
CLOSING TIME : 10h00am
TENDER VALIDITY PERIOD : 12 weeks from closing date

NEC3 TERM SERVICE CONTRACT Tender Documents


CPM 2020 Rev 02 Page 1 of 2
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

Contents
Number Heading

The Tender
Part T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

The Contract
Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance

Part C2: Pricing Data

C2.1 Pricing Instructions

Part C3: Scope of Work

C3.1 Service Information

Part C4: Affected Property

C4.1 Affected Property

NEC3 TERM SERVICE CONTRACT Tender Documents


CPM 2020 Rev 02 Page 2 of 2
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.

T1.1 TENDER NOTICE AND INVITATION TO TENDER

SECTION 1: NOTICE TO TENDERERS

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].

REPLACE BUCHHOLZ RELAY, OIL TOP UP, TESTING AND


DESCRIPTION
PURIFICATION AT VAN REENEN SUBSTATION 3KV DC.
This Tender may be downloaded directly from the National
Treasury eTender Publication Portal at www.etenders.gov.za
TENDER
and the Transnet website at
DOWNLOADING
https://transnetetenders.azurewebsites.net (please use
Google Chrome to access Transnet link) FREE OF CHARGE.

A Compulsory Tender Clarification Meeting will be conducted on 22 July


2024 At Depot Engineer Office Transnet Freight Rail Room 15
Electrical department Ladysmith 3370 At 10:00am [10 O’clock]
for a period of ± 2 (two) hours. [Tenderers to provide own transportation
COMPULSORY and accommodation]. The Compulsory Tender Clarification Meeting will
TENDER
start punctually and information will not be repeated for the benefit of
CLARIFICATION
MEETING Tenderers arriving late.
A Site visit/walk - Tenderers are to note:
• Tenderers are required to wear safety shoes, goggles, long sleeve
shirts, high visibility vests and hard hats.
• The tender briefing will have two sessions, the first session will deal
with the tender document and the procurement process as well as

CPM 2020 Rev06 Part T1: Tendering procedures


Page 1 of 5 T 1.1: Tender Notice and Invitation
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.
clarifying the scope while the second session will be on site for site
briefing.
• Tenderers without the recommended PPE will not be allowed on the
site walk.
• Tenderers and their employees, visitors, clients and customers
entering Transnet Offices, Depots, Workshops and Stores will have
to undergo breathalyser testing.
• All forms of firearms are prohibited on Transnet properties and
premises.
• The relevant persons attending the meeting must ensure that their
identity documents, passports or drivers licences are on them for
inspection at the access control gates.
Certificate of Attendance in the form set out in the Returnable
Schedule T2.2-01 hereto must be completed and submitted with your
Tender as proof of attendance is required for a compulsory site meeting
and/or tender briefing.
Tenderers are required to bring this Returnable Schedule T2.2-
01 to the Compulsory Tender Clarification Meeting to be signed
by the Employer’s Representative.
Tenderers failing to attend the compulsory tender briefing will
be disqualified.
10:00am on 02 August 2024
CLOSING DATE Tenderers must ensure that tenders are uploaded timeously onto the
system. If a tender is late, it will not be accepted for
consideration.

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:

Log on to the Transnet eTenders management platform website


(https://transnetetenders.azurewebsites.net);
▪ Click on “ADVERTISED TENDERS” to view advertised tenders;
▪ Click on “SIGN IN/REGISTER – for bidder to register their information (must fill in all
mandatory information);
▪ Click on “SIGN IN/REGISTER” - to sign in if already registered;
▪ Toggle (click to switch) the “Log an Intent” button to submit a bid;

CPM 2020 Rev06 Part T1: Tendering procedures


Page 2 of 5 T 1.1: Tender Notice and Invitation
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.
▪ Submit bid documents by uploading them into the system against each tender selected.
▪ Tenderers are required to ensure that electronic bid submissions are done at
least a day before the closing date to prevent issues which they may encounter
due to their internet speed, bandwidth or the size of the number of uploads
they are submitting. Transnet will not be held liable for any challenges
experienced by bidders as a result of the technical challenges. Please do not
wait for the last hour to submit. A Tenderer can upload 30mb per upload and
multiple uploads are permitted.
b) The tender offers to this tender will be opened as soon as possible after the closing date and
time. Transnet shall not, at the opening of tenders, disclose to any other company any
confidential details pertaining to the Tender Offers / information received, i.e. pricing,
delivery, etc. The names and locations of the Tenderers will be divulged to other Tenderers
upon request.
c) Submissions must not contain documents relating to any Tender other than that shown on
the submission.

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;

CPM 2020 Rev06 Part T1: Tendering procedures


Page 3 of 5 T 1.1: Tender Notice and Invitation
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.
4.4. Should the Tenderers be awarded business on strength of information furnished by the
Tenderer, which after conclusion of the contract is proved to have been incorrect,
Transnet reserves the right to terminate the contract;

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.

CPM 2020 Rev06 Part T1: Tendering procedures


Page 4 of 5 T 1.1: Tender Notice and Invitation
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.
5. Transnet will not reimburse any Tenderer for any preparatory costs or other work performed in
connection with this Tender, whether or not the Tenderer is awarded a contract.

6. NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE


Tenderer are required to self-register on National Treasury’s Central Supplier Database (CSD)
which has been established to centrally administer supplier information for all organs of state
and facilitate the verification of certain key supplier information. The CSD can be accessed at
https://secure.csd.gov.za/. Tenderer are required to provide the following to Transnet in order
to enable it to verify information on the CSD:
Supplier Number………………………………… and Unique registration reference
number……………………………(Tender Data)

Transnet urges its clients, suppliers and the general public

to report any fraud or corruption to

TIP-OFFS ANONYMOUS: 0800 003 056 OR Transnet@tip-offs.com

CPM 2020 Rev06 Part T1: Tendering procedures


Page 5 of 5 T 1.1: Tender Notice and Invitation
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

T1.2 TENDER DATA


The conditions of tender are the Standard Conditions of Tender as contained in Annex C of the CIDB
Standard for Uniformity in Engineering and Construction Works Contracts. The Standard for
Uniformity in Construction Procurement was first published in Board Notice 62 of 2004 in
Government Gazette No 26427 of 9 June 2004. It was subsequently amended in Board Notice 67 of
2005 in Government Gazette No 28127 of 14 October 2005, Board Notice 93 of 2006 in Government
Gazette No 29138 of 18 August 2006, Board Notice No 9 of 2008 in Government Gazette No 31823
of 30 January 2009, Board Notice 86 of 2010 in Government Gazette No 33239 of 28 May 2010,
Board Notice 136 of 2015 in Government Gazette 38960 of 10 July 2015 and Board Notice 423 of
2019 in Government Gazette No 42622 of 8 August 2019.

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

C.1.1 The Employer is Transnet SOC Ltd


(Reg No. 1990/000900/30)

C.1.2 The tender documents issued by the Employer comprise:

Part T: The Tender

Part T1: Tendering procedures T1.1 Tender notice and invitation to tender
T1.2 Tender data

Part T2: Returnable documents T2.1 List of returnable documents


T2.2 Returnable schedules

Part C: The contract

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

Part C2: Pricing data C2.1 Pricing instructions


C2.2 Price List

Tender Data CPM 2023 Rev 10 Page 1 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
Part C3: Scope of work C3.1 Service Information

Part C4: Affected Property C4.1 Affected Property

C.1.4 The Employer’s agent is: Procurement Officer

Name: Thembinkosi Ngcobo

Address: 151 South Coast Road


Loliwe House
Bayhead, Durban 4001

Tel No. 031 361 4023

E – mail Thembinkosi.Ngcobo@transnet.net

C.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit
tenders:

1. Stage One - Eligibility with regards to attendance at the compulsory


clarification meeting:
An authorised representative of the tendering entity or a representative of a
tendering entity that intends to form a Joint Venture (JV) must attend the
compulsory clarification meeting in terms C2.7

Any tenderer that fails to meet the stipulated eligibility criteria will be
regarded as an unacceptable tender.

2. Stage Two - Eligibility in terms of the Construction Industry Development


Board:
a) Only those tenderers who are registered with the CIDB, or are capable of being so
prior to the evaluation of submissions, in a contractor grading designation equal to
or higher than a contractor grading designation determined in accordance with the
sum tendered or a value determined in accordance with Regulation 25 (1B) or
25(7A) of the Construction Industry Development Regulations, designation of 2EP
or higher class of construction work, are eligible to have their tenders evaluated.

b) Joint Venture (JV)


Joint ventures are eligible to submit tenders subject to the following:
1. every member of the joint venture is registered with the CIDB;
2. the combined Contractor grading designation calculated in accordance with
the Construction Industry Development Regulations is equal to or higher than
a Contractor grading designation determined in accordance with the sum
tendered for a 2EP or higher class of construction work or a value
determined in accordance with Regulation 25(1B) or 25(7A) of the
Construction Industry Development Regulations
3. The tenderer shall provide a certified copy of its signed joint venture agreement.

Tender Data CPM 2023 Rev 10 Page 2 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

3. Stage Three - Functionality:


Only those tenderers who obtain the minimum qualifying score for functionality will be
evaluated further in terms of price and the applicable preference point system. The
minimum qualifying for score for functionality is 70 points.

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.2.12 No alternative tender offers will be considered.

C.2.13.3 Each tender offer shall be in the English Language.

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:

Identification details: The tender documents must be uploaded with:


▪ Name of Tenderer: (insert company name)
▪ Contact person and details: (insert details)
▪ The Tender Number:
▪ The Tender Description

Documents must be marked for the attention of:


Employer’s Agent:

C.2.13.9 Telephonic, telegraphic, facsimile or e-mailed tender offers will not be accepted.

C.2.15 The closing time for submission of tender offers is:


Time: 10:00am on the 02 August 2024
Location: The Transnet e-Tender Submission Portal:
(https://transnetetenders.azurewebsites.net);

NO LATE TENDERS WILL BE ACCEPTED

Tender Data CPM 2023 Rev 10 Page 3 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
C.2.16 The tender offer validity period is 12 weeks after the closing date. Tenderers are to
note that they may be requested to extend the validity period of their tender, on the
same terms and conditions, if Transnet’s internal evaluation and governance approval
processes has not been finalised within the validity period.

C.2.23 The tenderer is required to submit with his tender:


1. A valid Tax Clearance Certificate issued by the South African Revenue Services.
Tenderers also to provide Transnet with a TCS PIN to verify Tenderers
compliance status.

2. A valid B-BBEE Certificate from a Verification Agency accredited by the South


African Accreditation System [SANAS], or a sworn affidavit confirming annual
turnover and level of black ownership, in line with the code of good practice,
together with the tender;
3. A valid CIDB CRS Number is required to validate registration in the correct
designated grading;
4. Proof of registration on the Central Supplier Database;
5. Letter of Good Standing with the Workmen’s compensation fund by the tendering
entity.
Note: Refer to Section T2.1 for List of Returnable Documents

C3.11 The minimum number of evaluation points for functionality is: 70

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 criteria Sub-criteria Sub- Maximum


criteria number of
points points
T2.2-02 Project Plan The tender did not submit 0 20%
The tenderer shall the execution plan
provide the proposed Execution plan with 40
Plan, at a minimum timelines submitted to
showing but not complete Installation >10
limited to the days
following: Execution plan with 70
timelines submitted to

Tender Data CPM 2023 Rev 10 Page 4 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
Ability to execute the complete Installation >8 –
Service in terms of the 10 days
Employer’s Execution plan with 90
requirements and timelines submitted to
within the required complete Installation >5 –
timeframe indicating, 8 days
in a logical sequence, Execution plan with 100
the order and timing of timelines submitted to
the construction that complete Installation >0 –
will take place in order 5 days
to Provide the Service
clearly indicating the
capacity & capability
to achieve the dates
stated in the Contract
Data.

Functionality criteria Sub-criteria Sub- Maximum


criteria number of
points points
T2.2-03 Health and Did not Submit HSP No 10%
Response
Safety Requirements Questionnaire or scored
(Score 0)
<10
The tenderer must
submit the following Submitted a Poor HSP Poor
(Score 40)
documents as a Questionnaire and scored
minimum with the 10-19
tender submission: Submitted a satisfactory Satisfactory
(Score 70)
HSP Questionnaire and
Contract specific scored 20-29
Health & Safety plan Submitted a good HSP Good
including the Questionnaire and scored
(Score 90)
following: Roles and 30-39
responsibilities of legal Submitted a very good Very Good
appointees in terms of HSP Questionnaire and
(Score 100)
OHSA 85 of 1993 and scored 40-50
its Regulations.

Functionality criteria Sub-criteria Sub- Maximum


criteria number of
points points
T2.2-04 Previous No Proven track record in 0 50%
Experience Transformer oil
purification, oil testing and
top up, transformer re-

Tender Data CPM 2023 Rev 10 Page 5 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

Work Experience with gasketing in 3KV DC


respect to specific traction substations
aspects of the Proven track record in 40
projects/Comparable Transformer oil
projects by the bidder. purification, oil testing and
Greater weight should top up, transformer re-
be given to projects of gasketing in 3KV DC
a similar nature the traction substations. 1
Bidder/s has contactable reference
completed. Experience relevant to the RFQ with 1
(Previous work done.) completion certificates or
(With reference to the in execution i.e. Purchase
following: Traction Orders or Letters
substation repairs) Proven track record in 70
Repairs. Transformer oil
Tenderers are required purification, oil testing and
to list proof of their top up, transformer re-
previous experience gasketing in 3KV DC
for similar statement traction substations. 2
of work. This can be in contactable references
the form of completion relevant to the RFQ with 2
certificates. Proof completion certificates or
should reflect company in execution i.e. Purchase
name, contact person Orders or Letters
and value of work Proven track record in 90
completed. Transformer oil
purification, oil testing and
top up, transformer re-
gasketing in 3KV DC
traction substations. 3
contactable references
relevant to the RFQ with 3
completion certificates or
in execution i.e. Purchase
Orders or Letters
Proven track record in 100
Transformer oil
purification, oil testing and
top up, transformer re-
gasketing in 3KV DC
traction substations. 4
contactable references
relevant to the RFQ with 4
completion certificates or

Tender Data CPM 2023 Rev 10 Page 6 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
in execution i.e. Purchase
Orders or Letters

Functionality criteria Sub-criteria Sub- Maximum


criteria number of
points points
T2.2-05 Method The tenderer has 0 20%
Statement submitted no information.
Method that will be The contractor did not 40
specific on the understand or include
installation of the certain aspects of the
following: scope and submitted (1)
• Replacing of criteria as per the project
Buchholz relay requirements.
and silica gel The approach only covered 70
breather (2) criteria’s and not
• Transformer oil tailored to cover all project
purification, top objectives.
up and testing. The approach is specifically 90
• Re-winding of tailored to address the
Arriva no volt specific project objectives
coils and requirements and is
sufficient and flexible to
accommodate changes
that may occur during
execution and has covered
(3) of the above
requirements.
The four (4) items have 100
been covered in detail on
the methodology and the
contractor has a thorough
understanding of the
project requirements.
Maximum possible 100
score for Functionality

Functionality shall be scored independently by not less than 3 (three) evaluators and
averaged in accordance with the following schedules:

• T2.2-02 Project Plan


• T2.2-03 Health and Safety Requirements
• T2.2-04 Previous Experience

Tender Data CPM 2023 Rev 10 Page 7 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
• T2.2-05 Method Statement

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.

Tender Data CPM 2023 Rev 10 Page 8 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
C.3.11. Only tenders that achieve the minimum qualifying score for functionality will be
evaluated further in accordance with the 80/20 preference points systems as described
in Preferential Procurement Regulations.

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,

Thresholds Minimum Threshold


functionality 70

Evaluation Criteria Final Weighted Scores


Price 80
Specific goals - Scorecard 20
TOTAL SCORE: 100

Up to 100 minus W1 tender evaluation points will be awarded to tenderers who


complete the preferencing schedule and who are found to be eligible for the preference
claimed. Should the evidence required for any of the Specific Goals applicable
in this tender not be provided, a tenderer will score zero preference points
for that particular “Specific Goal”.

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

Selected Specific Goal Number of points allocated


(80/20)
B-BBEE Level of contributor (1 or 2) 10
+50% Black Youth Owned Entities 10
Non-Compliant and/or B-BBEE Level 3-8 0
contributors

The following Table represents the evidence to be submitted for claiming


preference points for applicable specific goals in a particular tender:

Specific Goals Acceptable Evidence


B-BBEE Certificate / Sworn-Affidavit B-BBEE
Certificate (in case of JV, a consolidate
B-BBEE
scorecard will be accept) as per DTIC
guidelines
Certified copy of ID Documents of the
Owners and B-BBEE Certificate / Affidavit
50% Black Youth Owned Entities
(in case of JV, a consolidate scorecard
will be accept)

Tender Data CPM 2023 Rev 10 Page 9 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
The maximum points for this bid are allocated as follows:
DISCRIPTION POINTS
PRICE 80
B-BBEE Level of contributor (1 or 2) 10
+50% Black Youth Owned Entities 10
Total points for Price and Specific Goals must not 100
exceed

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.

C.3.13 Tender offers will only be accepted if:


1. The tenderer or any of its directors/shareholders is not listed on the Register
of Tender Defaulters in terms of the Prevention and Combating of Corrupt
Activities Act of 2004 as a person prohibited from doing business with the
public sector;

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:

a) is not under restrictions, or has principals who are under restrictions,


preventing participating in the employer’s procurement,
b) is not undergoing a process of being restricted by Transnet or other state
institution that Transnet may be aware of,
c) can, as necessary and in relation to the proposed contract, demonstrate
that he or she possesses the professional and technical qualifications,

Tender Data CPM 2023 Rev 10 Page 10 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.
professional and technical competence, financial resources, equipment and
other physical facilities, managerial capability, reliability, experience and
reputation, expertise and the personnel, to perform the contract,
d) has the legal capacity to enter into the contract,
e) is not insolvent, in receivership, under Business Rescue as provided for in
chapter 6 of the Companies Act, 2008, bankrupt or being wound up, has his
affairs administered by a court or a judicial officer, has suspended his
business activities, or is subject to legal proceedings in respect of any of the
foregoing,
f) complies with the legal requirements, if any, stated in the tender data and
g) is able, in the option of the employer to perform the contract free of
conflicts of interest.

C.3.17 The number of paper copies of the signed contract to be provided by the Employer is
1 (one).

Tender Data CPM 2023 Rev 10 Page 11 of 11 Part 1: Tendering Procedures


T1.2: Tender Data
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.

T2.1 List of Returnable Documents


2.1.1 These schedules are required for eligibility purposes:

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

2.1 C1.1 Offer portion of Form of Offer & Acceptance

2.2 Contract data part 2 (provided by the contractor)

2.3 C2.2 Price List


Part T2: Returnable Documents
CPM 2020 – Rev 02 Page 1 of 1 T2.2: Returnable Schedules
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.

T2.2-01: Eligibility Criteria Schedule:

Certificate of Attendance at Tender Clarification Meeting

This is to certify that:

(Company Name)

Represented (Name and


by: Surname)

Was represented at the compulsory tender clarification meeting

Held at: Depot Engineer Office Transnet Freight Rail Room 15 Electrical
department Ladysmith 3370

On (date) 22 July 2024 Starting time: 10:00am

Particulars of person(s) attending the meeting:

Name Signature

Capacity

Attendance of the above company at the meeting was confirmed:

Name Signature

For and on Behalf of the


Employers Agent. Date

CPM 2020 Rev 01 T2.2: Returnable Schedules


Page 1 of 1 T2.2-01: Eligibility Criteria Schedule:
Certificate of Attendance
at Tender Clarification Meeting
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.

T2.2-02: Evaluation Schedule: Project Plan


Note to tenderers:
The Tenderer details the Project Plan for evaluation and attaches it to this schedule. In
addition, the Tenderer is to provide an electronic copy of the Plan in Primavera or MS Word.

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.

Item No. Quality Criteria

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 scoring of the Plan will be as follows:

Attachment A: Electronic Copy of Plan

Attachment B: Hard Copy of Plan

CPM 2020 Rev 01


Page 1 of 1 T2.2-02: Evaluation Schedule: Plan
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.

T2.2-03: Evaluation Schedule: Health and Safety Management

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

2. Overview of the tenderer’s Risk Assessment methodology, and submission of risk


assessments indicating major activities of the works and how the risks will be addressed
and mitigated.
3. Synopsis of Health & Safety incidents, description, type and action taken to prevent re-
occurrence and submission of completed cost breakdown sheet within the last five years.

CPM 2020 Rev 01 Part T2: Part T2: Returnable Schedules


T2.2-03: Evaluation Schedule:
Page 1 of 2 Health and Safety Management
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.

Item No. Quality Criteria

2 Health and Safety = 10%

No Response Did not Submit HSP Questionnaire or scored <10

(Score 0)

Poor Submitted a Poor HSP Questionnaire and scored 10-19

(Score 40)

Satisfactory Submitted a satisfactory HSP Questionnaire and scored 20-29

(Score 70)

Good Submitted a good HSP Questionnaire and scored 30-39

(Score 90)

Very Good Submitted a very good HSP Questionnaire and scored 40-50

(Score 100)

Attached submissions to this schedule:

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

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

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

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

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

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

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

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

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

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

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

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

CPM 2020 Rev 01 Part T2: Part T2: Returnable Schedules


T2.2-03: Evaluation Schedule:
Page 1 of 2 Health and Safety Management
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.

T2.2-04: Evaluation Schedule: Previous Experience


Note to tenderers:
Work Experience with respect to specific aspects of the projects/Comparable projects by the
bidder. Greater weigh should be given to projects of a similar nature the Bidder/s has completed.
Experience (Previous work done.) (With reference to the following: Traction substation repairs)

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.

Item No. Quality Criteria

4 Previous Experience = 50%

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

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 2 T2.2-04: Evaluation Schedule: Previous Experience
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.

Index of documentation attached to this schedule

DOCUMENT NAME

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 2 of 2 T2.2-04: Evaluation Schedule: Previous Experience
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of the Works: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

T2.2-05: Evaluation Schedule: Method Statement


Note to tenderers:
Method statement

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.

Item No. Quality Criteria

4 Method Statement= 20%

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.

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-05: Method Statement
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.

T2.2-06: Authority to submit a Tender

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.

A - COMPANY B - PARTNERSHIP C - JOINT VENTURE D - SOLE PROPRIETOR

A. Certificate for Company

I, chairperson of the board of directors

, hereby confirm that by resolution of the

board taken on (date), Mr/Ms ,

acting in the capacity of , was authorised to sign all

documents in connection with this tender offer and any contract resulting from it on behalf of

the company.

Signed Date

Name Position Chairman of the Board of Directors

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 4 T2.2-06: Authority to submit a Tender
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.

B. Certificate for Partnership

We, the undersigned, being the key partners in the business trading as

hereby authorise Mr/Ms

acting in the capacity of , to sign all documents in

connection with the tender offer for Contract and any

contract resulting from it on our behalf.

Name Address Signature Date

NOTE: This certificate is to be completed and signed by the full number of Partners necessary

to commit the Partnership. Attach additional pages if more space is required.

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 2 of 4 T2.2-06: Authority to submit a Tender
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.

C. Certificate for Joint Venture

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise

Mr/Ms , an authorised signatory of the company

, acting in the capacity of lead

partner, to sign all documents in connection with the tender offer for Contract

and any contract resulting from it on our behalf.

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

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 3 of 4 T2.2-06: Authority to submit a Tender
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.

D. Certificate for Sole Proprietor

I, , hereby confirm that I am the sole owner of the

business trading as .

Signed Date

Name Position Sole Proprietor

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 4 of 4 T2.2-06: Authority to submit a Tender
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.

T2.2-08: Record of Addenda to Tender Documents


This schedule as submitted confirms that the following communications received from the
Employer before the submission of this tender offer, amending the tender documents, have
been taken into account in this specific tender offer:

Date Title or Details

10

11

12

13

14

15

Attach additional pages if more space is required.

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-07: Record of Addenda to Tender
documents
Transnet Freight Rail
Tender Number: CRAC LSE 40074
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

T2.2-08 Letter/s of Good Standing with the Workmen’s


Compensation Fund

Attached to this schedule is the Letter/s of Good Standing.

1.

2.

3.

4.

Name of Company/Members of Joint Venture:

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

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

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

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-08: Letter of Good Standing
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.

T2.2-09: Risk Elements


Tenderers to identify and evaluate the potential risk elements associated with the Works
and possible mitigation thereof. The risk elements and the mitigation as identified thereof
by the Tenderer are to be submitted.
If No Risks are identified “No Risks” must be stated on this schedule.
Tenderers are also to evaluate any risk/s stated by the Employer in Contract Data Part
C1, and provide possible mitigation thereof.

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.

CPM 2020 – Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-09: Risk Elements
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.

T2.2-10: Availability of Equipment and Other Resources

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.

Equipment Type and Availability – Hourly Rate Number of Details of


Description Equipment Ownership

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 1 of 1 T2.2-10: Availability of Equipment
and Other Resources
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.

T2.2-11: Affected Property Establishment Requirements


Tenderers to indicate their Affected Property establishment area requirements:

CPM 2020 Rev 00 Part T2: Returnable Schedules


Page 1 of 1 T2.2-11: Affected Property Establishment
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.

T2.2-12: Health and Safety Questionnaire

1. SAFE WORK PERFORMANCE


1A. Injury Experience / Historical Performance - Alberta
Use the previous three years injury and illness records to complete the following:
Year
Number of medical treatment cases
Number of restricted work day cases
Number of lost time injury cases
Number of fatal injuries
Total recordable frequency
Lost time injury frequency
Number of worker manhours

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.

Does your company have a Certificate of Recognition?


Yes No If Yes, what is the Certificate No. _______________ Issue Date __________

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

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 2 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.

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

Describe your safety inspection process (include participation, documentation requirements,


follow-up, report distribution).

Who follows up on inspection action items?


Do you hold site safety meetings for field employees? If Yes, how often?
Yes No Daily Weekly Biweekly

Do you hold site meetings where safety is addressed with management and field supervisors?
Yes No Weekly Biweekly Monthly

Is pre-job safety instruction provided before to each new task? Yes No


Is the process documented? Yes No
Who leads the discussion?
Do you have a hazard assessment process? Yes No
• Are hazard assessments documented? If yes, how are hazard assessments communicated and
implemented on each project? Who is responsible for leading the hazard assessment process?

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

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 3 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.

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

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Page 4 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.

1.1 Tenderer SHE Management System Questionnaire

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.

The information provided in this questionnaire is an accurate summary of the company's


occupational health and safety management system.

Company Name:

Signed: Name:

Position: Date:

Tender Description: Refurbishment of a Transformer at Pietermaritzburg Substation

Tender Number: CRAC-PZB-41381

Tenderer SHE Management System Questionnaire Yes No

1. SHE Policy (Response with proof =2 points & No Response =0 points)


Total 2 point

- Is there a written company SHE policy?


- If yes provide a copy of the policy

2. SHE Management (Response with proof =2 points & No Response =0 points)


Total 2 point

- Does the company have an independently audited or accredited SHE


Management system e.g NOSA, OHSAS, IRCA System etc
- If yes provide details or copy of accreditation

3. SHE Organogram (Response with proof =2 points & No Response


=0 points) Total 2 point

-Is there a company organogram indicating key SHE


personnel?
- If yes provide a copy

4. Letter of good standing with COID (Response with proof


=2 points & No Response =0 points) Total 2 point

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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.

- Is company registered with the Compensation Commissioner


under the COID Act and up to date?
- If yes provide proof of letter of good standing

5. SHE Cost (Response with proof =2 points & No Response =0 points)


Total 2 point

- Has the tenderer made provision for the cost of safety in the tender
price?
If yes provide evidence

6. Training Records (Response with proof =2 points & No Response =0 points)


Total 2 point

- Is a record maintained of all training and induction programs


undertaken for employees in your company?
- If yes provide examples of safety training records

7. Health and Safety Plan (SHE Plan) Are the following arrangements included
and adequately addressed in the Health and Safety Plan:

(Response with proof =2 points & No Response =0 points) Total 36 point

- Are SHE responsibilities clearly identified for all levels of Management


and employees?
- If yes provide details

- Are Risk Assessments conducted and appropriate techniques used?


- If yes provide details or copy of procedure

- Are safe operating procedures or specific safety instructions relevant


to its operations available?
- If yes provide a summary listing of procedures or instructions

- Description on how health and safety training is conducted in your


company:
-If yes provide details

- Health and safety inspections at worksites undertaken?


-If yes provide details

-Health and Safety Communication i.e Safety talks,


incident recalls?
- If yes provide details

- Workplace SHE Committee?


- If yes provide details

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Page 6 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.

- Appointment of SHE Representatives?


- If yes provide details

- SHE Incident Reporting and Investigation?


- If yes provide details

- Provision of Personal Protective Equipment (PPE)?


- If yes provide details

- Emergency Planning?
- If yes provide details

- Fall Protection?
- If yes provide details

- Project Security?
- If yes provide details

- Medical Surveillance?
- If yes provide details

- Substance abuse policy/procedure/testing?


- If yes provide details

- Selection, Procurement and management of Subcontractors?


- If yes provide details

- Operational Safety?
- If yes provide details

- Is there a system for recording and analysing health and safety


performance statistics including injuries and incidents?
- If yes provide details

8. Health and Safety Violations (Response with proof =2 points & No Response
=0 points) Total 2 point

- Has the company been fined or convicted of an occupational health


and safety offence?
- If yes provide details

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Page 7 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.

Safety Performance Report

Monthly DIFR for previous months

Previous No of Disabling Total Number of DIFR calculated


Year Injuries employees over 12 months

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

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Page 8 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.

CPM 2020 Rev 01 Part T2: Returnable Schedules


Page 9 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.

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Page 10 of 10 T2.2-12: Evaluation Schedule:
Health and Safety Questionnaire
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

T2.2-13: ANNEX G Compulsory Enterprise Questionnaire

The following particulars hereunder must be furnished.

In the case of a Joint Venture, separate enterprise questionnaires in respect of each


partner/member must be completed and submitted.

Section 1: Name of enterprise:


Section 2: VAT registration number, if any:
Section 3: CIDB registration number, if any:
Section 4: CSD number:
Section 5: Particulars of sole proprietors and partners in partnerships

Name Identity number Personal income tax


number

* Complete only if sole proprietor or partnership and attach separate page if more than 3
partners
Section 6: Particulars of companies and close corporations

Company registration number

Close corporation number

Tax reference number:

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.

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Page 1 of 11 T2.2-13: Compulsory Questionnaire
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

or at any time subsequently, to substantiate any claim in regard to preferences, in any


manner required by the purchaser.
2. DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax,
unemployment insurance fund contributions and skills development levies;
(b) “B-BBEE” means broad-based black economic empowerment as defined in section
1 of the Broad-Based Black Economic Empowerment Act;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a
measured entity based on its overall performance using the relevant scorecard
contained in the Codes of Good Practice on Black Economic Empowerment, issued
in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(d) “bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the supply/provision of services, works or goods,
through price quotations, advertised competitive bidding processes or proposals;
(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice
under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003
(Act No. 53 of 2003);
(g) “functionality” means the ability of a bidder to provide goods or services in
accordance with specification as set out in the bid documents
(h) “Price” includes all applicable taxes less all unconditional discounts.
(i) “Proof of B-BBEE Status Level of Contributor”
i) the B-BBBEE status level certificate issued by an authorised body or person;
ii) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or
iii) any other requirement prescribed in terms of the B-BBEE Act.
(j) “QSE” means a Qualifying Small EEnterprise as defines by Codes of Good Practice
under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (
Act No. 53 of 2003);
(k) “rand value” means the total estimated value of a contract in South African
currency, calculated at the time of bid invitations, and includes all applicable taxes
and excise duties.
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 PREFERENCE POINT SYSTEMS
A maximum of 80 points is allocated for price on the following basis:
80/20

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

 Pt − P min 
Ps = 801 − 
 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)

B-BBEE Status Level 1 or 2 10


Non-compliant contributor 3-8 0

4.2 The table below indicates the required proof of B-BBEE status depending on the
category of enterprises:

Enterprise B-BBEE Certificate & Sworn Affidavit

Large Certificate issued by SANAS accredited verification agency

QSE Certificate issued by SANAS accredited verification agency


Sworn Affidavit signed by the authorised QSE representative and
attested by a Commissioner of Oaths confirming annual turnover and
black ownership (only black-owned QSEs - 51% to 100% Black owned)
[Sworn affidavits must substantially comply with the format that can be
obtained on the DTI’s website at
www.dti.gov.za/economic_empowerment/bee_codes.jsp.]
EME Sworn Affidavit signed by the authorised EME representative and
attested by a Commissioner of Oaths confirming annual turnover and
black ownership
Certificate issued by CIPC (formerly CIPRO) confirming annual turnover
and black ownership
Certificate issued by SANAS accredited verification agency only if the
EME is being measured on the QSE scorecard

4.3 A trust, consortium or joint venture (including unincorporated consortia and joint
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.

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Page 5 of 11 T2.2-13: Compulsory Questionnaire
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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

7.1.1 If yes, indicate:


i) What percentage of the contract will be subcontracted............…………….…………%
ii) The name of the sub-contractor…………………………………………………………..
iii) The B-BBEE status level of the sub-contractor......................................……………..
iv) Whether the sub-contractor is an EME or QSE.
(Tick applicable box)
YES NO

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

8. DECLARATION WITH REGARD TO COMPANY/FIRM


8.1 Name of company/firm:…………………………………………………………………………….
8.2 VAT registration number:……………………………………….…………………………………
8.3 Company registration number:…………….……………………….…………………………….
8.4 TYPE OF COMPANY/ FIRM
 Partnership/Joint Venture / Consortium
 One person business/sole propriety
 Close corporation
 Company
 (Pty) Limited
[TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………
8.6 COMPANY CLASSIFICATION
 Manufacturer
 Supplier
 Professional Supplier/Service provider
 Other Suppliers/Service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]

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


8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level of
contribution indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies
the company/ firm for the preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;

CPM 2020 Rev 05 Part T2: Returnable Schedules


Page 7 of 11 T2.2-13: Compulsory Questionnaire
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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

2.2.1 If so, furnish particulars:


……………………………………………………………………………………
……………………………………………………………………………………

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

2.3.1 If so, furnish particulars:

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.

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Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

…………………………………………………………………………….
…………………………………………………………………………….

3 DECLARATION

I, the undersigned, (name)…………………………………………………. in


submitting the accompanying bid, do hereby make the following statements that
I certify to be true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure;


3.2 I understand that the accompanying bid will be disqualified if this disclosure is
found not to be true and complete in every respect;
3.3 The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor.
However, communication between partners in a joint venture or consortium2 will
not be construed as collusive bidding.
3.4 In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, specifications,
prices, including methods, factors or formulas used to calculate prices, market
allocation, the intention or decision to submit or not to submit the bid, bidding with
the intention not to win the bid and conditions or delivery particulars of the
products or services to which this bid invitation relates.
3.4 The terms of the accompanying bid have not been, and will not be, disclosed by
the bidder, directly or indirectly, to any competitor, prior to the date and time of
the official bid opening or of the awarding of the contract.

3.5 There have been no consultations, communications, agreements or


arrangements made by the bidder with any official of the procuring institution in
relation to this procurement process prior to and during the bidding process
except to provide clarification on the bid submitted where so required by the
institution; and the bidder was not involved in the drafting of the specifications or
terms of reference for this bid.

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.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2 and


3 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME
IN TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22

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.

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Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

ON PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN


MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE TO BE
FALSE.

……………………………… ..……………………………………………
Signature Date

……………………………… ………………………………………………
Position Name of bidder

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Page 11 of 11 T2.2-13: Compulsory Questionnaire
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Tender Number: CRAC LSE 47004
Description of the Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv Dc.

T2.2-14 NON-DISCLOSURE AGREEMENT

[11 July 2024]

Part T2: Returnable Schedules


CPM 2020 Rev 02 Page 1 of 5 T2.2-14: Non-Disclosure Agreement
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.

Note to tenderers: This Non-Disclosure Agreement is to be completed and signed by an authorised


signatory:

THIS AGREEMENT is made effective as of ........... day of ............................... 20...... by and between:

TRANSNET SOC LTD

(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:

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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.

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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. RECORDS AND RETURN OF INFORMATION

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.

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3kv Dc.

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. PRIVACY AND DATA PROTECTION

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

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T2.2-15: RFQ DECLARATION FORM

NAME OF COMPANY: _______________________________________________________

We ______________________________________________________ do hereby certify that:

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

5. furthermore, we acknowledge that a direct relationship exists between a family member


and/or an owner / member / director / partner / shareholder (unlisted companies) of our
company and an employee or board member of the Transnet Group as indicated below:
[Respondent to indicate if this section is not applicable]
FULL NAME OF OWNER/MEMBER/DIRECTOR/
PARTNER/SHAREHOLDER: ADDRESS:
___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

Indicate nature of relationship with Transnet:


___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________
[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
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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”.

For and on behalf of

………………………………………………………………………………………………………………………..……

duly authorised thereto

Name:

Signature:

Date:

IMPORTANT NOTICE TO TENDERERS


• Transnet has appointed a Procurement Ombudsman to investigate any material complaint
in respect of tenders exceeding R5,000,000.00 (five million S.A. Rand) in value. Should a
Tenderer have any material concern regarding an tender process which meets this value
threshold, a complaint may be lodged with Transnet’s Procurement Ombudsman for further
investigation.

• It is incumbent on the Tenderer to familiarise himself/herself with the Terms of Reference


for the Transnet Procurement Ombudsman, details of which are available for review at
Transnet’s website www.transnet.net.

• 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

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• 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.

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T2.2-16: REQUEST FOR QOUTATION – BREACH OF LAW


NAME OF COMPANY: _______________________________________________________

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.

Where found guilty of such a serious breach, please disclose:

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.

Signed on this _____ day of _________________ 20____

_______________________

SIGNATURE OF TENDER

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T2.2-17 Certificate of Acquaintance with Tender Documents

NAME OF TENDERING ENTITY:

____________________________________________________________________________

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:

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

b) could potentially submit a Tender in response to this Tender invitation, based on


their qualifications, abilities or experience; and

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;

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b) geographical area where 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 tender; or

f) Tendering with the intention not winning the tender.

7. In addition, there have been no consultations, communications, agreements or


arrangements with any competitor regarding the quality, quantity, specifications and
conditions or delivery particulars of the Services to which this tender relates.

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.

Signed on this _____ day of ___________________20___

_____________________________

SIGNATURE OF TENDERER

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Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

T2.2-18 Service Provider Integrity Pact


Important Note: All potential tenderers must read this document and certify in the
RFP Declaration Form that that have acquainted themselves with, and agree with
the content.

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 SOC LTD

Registration Number: 1990/000900/30

(“Transnet”)

and

The Contractor (hereinafter referred to as the “Tenderer/Service Providers/Contractor”)

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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.

In order to achieve these goals, Transnet and the Tenderer/Service Provider/Contractor


hereby enter into this agreement hereinafter referred to as the “Integrity Pact” which will form
part of the Tenderer’s/Service Provider’s/Contractor’s application for registration with Transnet
as a vendor.

The general purpose of this Integrity Pact is to agree on avoiding all forms of dishonesty,
fraud and corruption by following a system that is fair, transparent and free from any undue
influence prior to, during and subsequent to the currency of any procurement and/or reverse
logistics event and any further contract to be entered into between the Parties, relating to
such event.

All Tenderers/Service Providers/Contractor’s will be required to sign and comply with


undertakings contained in this Integrity Pact, should they want to be registered as a Transnet
vendor.

1 OBJECTIVES

1.1 Transnet and the 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:

2.1 Transnet hereby undertakes that no employee of Transnet connected directly or


indirectly with the sourcing event and ensuing contract, will demand, take a
promise for or accept directly or through intermediaries any bribe, consideration,
gift, reward, favour or any material or immaterial benefit or any other advantage
from the Tenderer, either for themselves or for any person, organisation or third

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party related to the contract in exchange for an advantage in the tendering


process, Tender evaluation, contracting or implementation process related to any
contract.

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.

3 OBLIGATIONS OF THE TENDERER / SERVICE PROVIDER


3.1 Transnet has a ‘Zero Gifts’ Policy. No employee is allowed to accept gifts,
favours or benefits.

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.

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3.2 The Tenderer/Service Provider/Contractor commits itself to take all measures


necessary to prevent corrupt practices, unfair means and illegal activities during
any stage of its Tender or during any ensuing contract stage in order to secure
the contract or in furtherance to secure it and in particular the Tenderer/Service
Provider/Contractor commits to the following:

a) The Tenderer/Service Provider/Contractor will not, directly or through any


other person or firm, offer, promise or give to Transnet or to any of
Transnet’s employees involved in the tendering process or to any third
person any material or other benefit or payment, in order to obtain in
exchange an advantage during the tendering process; and
b) The Tenderer/Service Provider/Contractor will not offer, directly or through
intermediaries, any bribe, gift, consideration, reward, favour, any material
or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any employee of Transnet, connected directly or indirectly
with the tendering process, or to any person, organisation or third party
related to the contract in exchange for any advantage in the tendering,
evaluation, contracting and implementation of the contract.

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.

3.6 A Tenderer/Service Provider/Contractor of foreign origin shall disclose the name


and address of its agents or representatives in South Africa, if any, involved
directly or indirectly in the registration or tendering process. Similarly, the
Tenderer / Service Provider / Contractor of South African nationality shall furnish

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the name and address of the foreign principals, if any, involved directly or
indirectly in the registration or tendering process.

3.7 The Tenderer/Service Provider/Contractor will not misrepresent facts or furnish


false or forged documents or information in order to influence the tendering
process to the advantage of the Tenderer/Service Provider/Contractor or
detriment of Transnet or other competitors.

3.8 Transnet may require the Tenderer/Service Provider/Contractor to furnish


Transnet with a copy of its code of conduct. Such code of conduct must address
the compliance programme for the implementation of the code of conduct and
reject the use of bribes and other dishonest and unethical conduct.

3.9 The Tenderer/Service Provider/Contractor will not instigate third persons to


commit offences outlined above or be an accessory to such offences.

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 1: Businesses should support and respect the protection of


internationally proclaimed human rights; and

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

b) Labour

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


effective recognition of the right to collective bargaining;

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

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

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


occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to


environmental challenges;

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


and

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• Principle 9: encourage the development and diffusion of environmentally


friendly technologies.

d) Anti-Corruption

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

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:

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


b) could potentially submit a Tender in response to this Tender invitation,
based on their qualifications, abilities or experience; and
c) provides the same Goods and Services as the Tenderer and/or is in the same
line of business as the Tenderer.

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.

4.4 In addition, there have been no consultations, communications, agreements or


arrangements with any competitor regarding the quality, quantity, specifications
and conditions or delivery particulars of the Goods or Services to which his/her
tender relates.

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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 DISQUALIFICATION FROM TENDERING PROCESS

5.1 If the Tenderer/Service Provider/Contractor has committed a transgression


through a violation of section 3 of this Integrity Pact or in any other form such
as to put its reliability or credibility as a Tenderer/Service Provider/Contractor
into question, Transnet may reject the Tenderer’s / Service Provider’s /
Contractor’s application from the registration or tendering process and remove
the Tenderer/Service Provider/Contractor from its database, if already
registered.

5.2 If the Tenderer/Service Provider/Contractor has committed a transgression


through a violation of section 3, or any material violation, such as to put its
reliability or credibility into question. Transnet may after following due
procedures and at its own discretion also exclude the Tenderer/Service Provider
/Contractor from future tendering processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity
will be determined by the circumstances of the case, which will include amongst
others the number of transgressions, the position of the transgressors within the
company hierarchy of the Tenderer/Service Provider/Contractor and the amount
of the damage. The exclusion will be imposed for up to a maximum of 10 (ten)
years. However, Transnet reserves the right to impose a longer period of
exclusion, depending on the gravity of the misconduct.

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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 TRANSNET’S LIST OF EXCLUDED TENDERERS (BLACKLIST)

6.1 The process of restriction is used to exclude a company/person from conducting


future business with Transnet and other organs of state for a specified period. No
Tender shall be awarded to a Tenderer whose name (or any of its members,
directors, partners or trustees) appear on the Register of Tender Defaulters kept
by National Treasury, or who have been placed on National Treasury’s List of
Restricted Suppliers. Transnet reserves the right to withdraw an award, or cancel
a contract concluded with a Tenderer should it be established, at any time, that a
tenderer has been restricted with National Treasury by another government
institution.

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

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CPM 2020 Rev02 Page 8 of 12 Private & Confidential
Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

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:

(i) he made the statement in good faith honestly believing it to be correct;


and

(ii) before making such statement he took all reasonable steps to satisfy
himself of its correctness;
g) 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.

6.8 Grounds for blacklisting include a company/person recorded as being a company


or person prohibited from doing business with the public sector on National
Treasury’s database of Restricted Service Providers or Register of Tender
Defaulters.

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

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

blacklisting. The decision to extend the blacklist to associated companies will be


at the sole discretion of Transnet.

7 PREVIOUS TRANSGRESSIONS

7.1 The Tenderer/Service Provider/Contractor hereby declares that no previous


transgressions resulting in a serious breach of any law, including but not limited
to, corruption, fraud, theft, extortion and contraventions of the Competition Act
89 of 1998, which occurred in the last 5 (five) years with any other public sector
undertaking, government department or private sector company that could
justify its exclusion from its registration on the Tenderer’s/Service
Provider’s/Contractor’s database or any tendering process.

7.2 If it is found to be that the Tenderer/Service Provider/Contractor made an


incorrect statement on this subject, the Tenderer/Service Provider/Contractor
can be rejected from the registration process or removed from the Tenderer/
Service Provider/Contractor database, if already registered, for such reason
(refer to the Breach of Law Returnable Form contained in the document.)

8 SANCTIONS FOR VIOLATIONS

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

a) Immediately exclude the Tenderer/Service Provider/Contractor from the tendering


process or call off the pre-contract negotiations without giving any compensation
the Tenderer/Service Provider/Contractor. However, the proceedings with the
other Tenderer/ Service Provider/Contractor may continue;
b) Immediately cancel the contract, if already awarded or signed, without giving any
compensation to the Tenderer/Service Provider/Contractor;
c) Recover all sums already paid by Transnet;
d) Encash the advance bank guarantee and performance bond or warranty bond, if
furnished by the Tenderer/Service Provider/Contractor, in order to recover the
payments, already made by Transnet, along with interest;
e) Cancel all or any other contracts with the Tenderer/Service Provider/Contractor;
and
f) Exclude the Tenderer/ Service Provider/Contractor from entering into any Tender
with Transnet in future.

9 CONFLICTS OF INTEREST

9.1 A conflict of interest includes, inter alia, a situation in which:


a) A Transnet employee has a personal financial interest in a tendering / supplying
entity; and

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

b) A Transnet employee has private interests or personal considerations or has an


affiliation or a relationship which affects, or may affect, or may be perceived to
affect his / her judgment in action in the best interest of Transnet, or could affect
the employee’s motivations for acting in a particular manner, or which could result
in, or be perceived as favouritism or nepotism.

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.

Thus, conflicts of interest of any Tender committee member or any person


involved in the sourcing process must be declared in a prescribed form.

9.3 If a Tenderer/Service Provider/Contractor has or becomes aware of a conflict of


interest i.e. a family, business and / or social relationship between its owner(s)/
member(s)/director(s)/partner(s)/shareholder(s) and a Transnet employee/
member of Transnet’s Board of Directors in respect of a Tender which will be
considered for the Tender process, the Tenderer/Service Provider/ Contractor:
a) must disclose the interest and its general nature, in the Request for Proposal
(“RFX”) declaration form; or
b) must notify Transnet immediately in writing once the circumstances has arisen.

9.4 The 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:

a) Vexatious proceedings: these are frivolous proceedings which have been


instituted without proper grounds;

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation
3kv Dc.

b) Perjury: where a Tenderer / Service Provider / Contractor make a false statement


either in giving evidence or on an affidavit;
c) Scurrilous allegations: where a Tenderer / Service Provider / Contractor makes
allegations regarding a senior Transnet employee which are without proper
foundation, scandalous, abusive or defamatory; and
d) Abuse of court process: when a Tenderer / Service Provider / Contractor abuses
the court process in order to gain a competitive advantage during a Tender
process.

11 GENERAL

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

11.2 The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the law relating
to any civil or criminal proceedings.

11.3 The validity of this Integrity Pact shall cover all the 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.

11.5 Should a Tenderer/Service Provider/Contractor be confronted with dishonest,


fraudulent or corruptive behaviour of one or more Transnet employees, Transnet
expects its Tenderer/Service Provider/Contractor to report this behaviour directly
to a senior Transnet official/employee or alternatively by using Transnet’s “Tip-
Off Anonymous” hotline number 0800 003 056, whereby your confidentiality is
guaranteed.

The Parties hereby declare that each of them has read and understood the clauses of
this Integrity Pact and shall abide by it. To the best of the Parties’ knowledge and belief,
the information provided in this Integrity Pact is true and correct.

I ……………………………………….. duly authorised by the tendering entity, hereby certify


that the tendering entity are fully acquainted with the contents of the Integrity Pact
and further agree to abide by it in full.

Signature …………………………………
Date ………………………………………..

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

T2.2-19: Supplier Code of Conduct

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:

• The Transnet Procurement Policy – A guide for Tenderers.

• 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)

• The Prevention and Combating of Corrupt Activities Act (PRECCA); and

• The Construction Industry Development Board Act (CIDB Act).

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.

Prohibition of Bribes, Kickbacks, Unlawful Payments, and Other Corrupt Practices

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.

1. Transnet SOC Limited will not participate in corrupt practices. Therefore, it


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, from suppliers.

• Employees may not receive anything that is calculated to:

- Illegally influence their judgement or conduct or to ensure the desired outcome


of a sourcing activity;

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Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

- Win or retain business or to influence any act or decision of any person 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).

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).

3. Transnet’s relationship with suppliers requires us to clearly define


requirements, to 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.

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Transnet Freight Rail
Tender Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

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.

• Doing business with family members.

• Having a financial interest in another company in our industry

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

(insert name of Director or as per (insert name of Company)


Authority Resolution from Board of
Directors)

hereby acknowledge having read, understood and agree to the terms and conditions set out in
the “Transnet Supplier Code of Conduct.”

Signed this on day ___________________________ at_______________________________

_________________________

Signature

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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.

T2.2-20 Agreement in terms of Protection of Personal Information


Act, 4 of 2013 (“POPIA”)

1. PREAMBLE AND INTRODUCTION

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. PROTECTION OF PERSONAL INFORMATION

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:

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


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

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

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Personal Information Act, 4 of 2013 (“POPIA”)
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.

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:

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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.

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

Transnet, the Tenderer can submit a complaint to the Information Regulator on


https://www.justice.gov.za/inforeg/, click on contact us, click on complaints.IR@justice.gov.za

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.

Signed at ____________________ on this ______day of _____________________ 2021

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:

1. Name: ________________________ Signature: _______________________

2. Name: ________________________ Signature: _______________________

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Protection of Personal Information Act, 4 of 2013 (“POPIA”)
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.

T2.2-21: Insurance provided by the Contractor

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

Liability for death of or bodily injury to


employees of the Contractor arising out of
and in the course of their employment in
connection with this contract
Motor Vehicle Liability Insurance comprising
(as a minimum) "Balance of Third Party"
Risks including Passenger and Unauthorised
Passenger Liability indemnity with a minimum
indemnity limit of R5 000 000.
Insurance in respect of loss of or damage to
own property and equipment.
(Other)

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Page 1 of 1 T2.2-21: Insurance provided by the Contractor
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing and Purification At Van Reenen Substation 3kv Dc.

C1.1 Form of Offer & Acceptance


Offer
The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for
the procurement of:

Title of the Contract


Replace Buchholz Relay, Oil Top Up, Testing and Purification
At Van Reenen Substation 3kv Dc.

The tenderer, identified in the Offer signature block, has

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.

The offered total of the Prices exclusive of VAT is R


Value Added Tax @ 15% is R
The offered total of the Prices inclusive of VAT is R
(in words)

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:

(Insert name and address of organisation)


Name &
signature of Date
witness
Tenderer’s CIDB registration number:

CPM 2020 Rev 01 PAGE 1 Part C1


C1.1: Form of Offer & Acceptance
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing and Purification At Van Reenen Substation 3kv Dc.

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.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Service Information

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

for the 151 South Coast Road


Employer Loliwe House
Bayhead, Durban 4001
(Insert name and address of organisation)
Name &
signature of Date
witness

CPM 2020 Rev 01 PAGE 2 Part C1


C1.1: Form of Offer & Acceptance
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing and Purification At Van Reenen Substation 3kv Dc.

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.

No. Subject Details

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.

For the tenderer: For the Employer


Signature

Name Russell Molokoane

Capacity Head of Supply Chain, ConCor

On behalf (Insert name and address of organisation) 151 South Coast Road
of Loliwe House
Bayhead, Durban 4001

Name &
signature
of witness

Date

CPM 2020 Rev 01 PAGE 3 Part C1


C1.1: Form of Offer & Acceptance
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

C1.2 Contract Data


Part one - Data provided by the Employer

Clause Statement Data


1 General
The conditions of contract are the core
clauses and the clauses for main Option:

A: Priced contract with price list

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2 Changes in the law

X17: Low service damages

X18: Limitation of liability

Z: Additional conditions of contract


of the NEC3 Term Service Contract (June
2005) (and amended June 2006 and April
2013)

10.1 The Employer is: Transnet SOC Ltd

Address Registered address:


Transnet Corporate Centre
138 Eloff Street
Braamfontein
Johannesburg
2000

Having elected its Contractual Address for 151 South Coast Road
the purposes of this contract as: Loliwe House
Bayhead, Durban
4001

Tel No. 031 361 4986

10.1 The Service Manager is (name): Xolisa Baca

Address DE BUILDING
CNR LYELL & ALEXANDER STREET
LADYSMITH

Term Service Contract


CPM 2020 Rev 06 PAGE 1 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

Tel 066 430 1593

e-mail Xolisa.Baca@transnet.net

11.2(2) The Affected Property is Van Reenan Substation

11.2(13) The service is Replace Buchholz Relay, Oil Top Up, Testing
And Purification.

11.2(14) The following matters will be included in 1. Locomotive movement


the Risk Register 2. Private Clients Infrastructure /
Equipment.
3. Live overhead wires
4. Gravelled road

11.2(15) The Service Information is in C3 Service Information

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.

13.1 The language of this contract is English

13.3 The period for reply is 1 week

2 The Contractor’s main No additional data is required for this section


responsibilities of the conditions of contract.

21.1 The Contractor submits a first plan for


acceptance within 1 week of the Contract Date

3 Time
30.1 The starting date is. TBC

30.1 The service period is One (1) Month

4 Testing and defects No additional data is required for this section


of the conditions of contract.

5 Payment
50.1 The assessment interval is 25th (twenty fifth) day of each successive
month.

51.1 The currency of this contract is the South African Rand.

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.

6 Compensation events No additional data is required for this section


of the conditions of contract.

Term Service Contract


CPM 2020 Rev 06 PAGE 2 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

7 Use of Equipment Plant and No additional data is required for this section
Materials of the conditions of contract.

8 Risks and insurance


80.1 These are additional Employers risks None

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 Motor Vehicle Liability Insurance


comprising (as a minimum) "Balance of
Third Party" Risks including Passenger and
Unauthorised Passenger Liability indemnity
with a minimum indemnity limit of R 5 000
000

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:

9 Termination There is no Contract Data required for this


section of the conditions of contract.

10 Data for main Option clause


A Priced contract with price list

20.5 The Contractor prepares forecasts of the


final total of the Prices for the whole of
the service at intervals no longer than 1 week.

11 Data for Option W1

Term Service Contract


CPM 2020 Rev 06 PAGE 3 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

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.

W1.2(3) The Adjudicator nominating body is:

If no Adjudicator nominating body is


entered, it is The Association of Arbitrators (Southern
Africa)

W1.4(2) The tribunal is: Arbitration

W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of
the Association of Arbitrators (Southern
Africa)

The place where arbitration is to be held is Durban, South Africa

The person or organisation who will


choose an arbitrator
- if the Parties cannot agree a choice or
- if the arbitration procedure does not The Chairman of the Association of
state who selects an arbitrator, is Arbitrators (Southern Africa)

12 Data for secondary Option


clauses
X2 Changes in the law No additional data is required for this Option

X17 Low service damages

X17.1 The service level table is in Attached on the Contract Data

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer


for indirect or consequential loss is limited
to Nil.

X18.2 For any one event, the Contractor’s


liability to the Employer for loss of or
damage to the Employer’s property is
limited to The deductible of the relevant insurance
policy

X18.3 The Contractor’s liability for Defects due to


his design of an item of Equipment is
limited to The cost of correcting the defect.

X18.4 The Contractor’s total liability to the


Employer, for all matters arising under or
in connection with this contract, other
than the excluded matters, is limited to Total of the Prices.

X18.5 The end of liability date is 1 year after the end of the service period.

Term Service Contract


CPM 2020 Rev 06 PAGE 4 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

Z Additional conditions of contract

Z1 Obligations in respect of Termination

Z1.1 The following will be included under core clause


91.1:

In the second main bullet, after the word


‘partnership’ add ‘joint venture whether
incorporated or otherwise (including any
constituent of the joint venture)’; and

Under the second main bullet, insert the following


additional bullets after the last sub-bullet:
• commenced business rescue proceedings
(R22)
• repudiated this Contract (R23)

Z1.2 Termination Table The following will be included under core clause
90.2 Termination Table as follows:

Amend “A reason other than R1 – R21” to “A


reason other than R1 – R23”

Z1.3 Amend “R1 – R15 or R18” to “R1 – R15, R18, R22


or R23.”

Z2 Right Reserved by Transnet to Conduct


Vetting through SSA

Z2.1 Transnet reserves the right to conduct vetting


through State Security Agency (SSA) for security
clearances of any Contractor who has access to
National Key Points for the following without
limitations:

1. Confidential – this clearance is based on


any information which may be used by
malicious, opposing or hostile elements to
harm the objectives and functions of an
organ of state.

2. Secret – clearance is based on any


information which may be used by
malicious, opposing or hostile elements to
disrupt the objectives and functions of an
organ of state.

3. Top Secret – this clearance is based on


information which may be used by
malicious, opposing or hostile elements to
neutralise the objectives and functions of
an organ of state.

Term Service Contract


CPM 2020 Rev 06 PAGE 5 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

Z3 Additional clause relating to Collusion in


the Construction Industry

Z3.1 The contract award is made without prejudice to


any rights Transnet may have to take appropriate
action later with regard to any declared bid rigging
including blacklisting.

Z4 Protection of Personal Information Act

Z4.1 The Employer and the Contractor are required to


process information obtained for the duration of the
Agreement in a manner that is aligned to the
Protection of Personal Information Act

Term Service Contract


CPM 2020 Rev 06 PAGE 6 Part C1
C1.2: Contract Data provided by the Employer
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

C1.2 Contract Data


Part two - Data provided by the Contractor
The tendering contractor is advised to read both the NEC3 Term Service Contract (June 2005) and the
relevant parts of its Guidance Notes (TSC3-GN) in order to understand the implications of this Data which
the tenderer is required to complete.

Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data


10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is ……..%

The subcontracted fee percentage is …….%

11.2(14) The following matters will be included in


the Risk Register ………

11.2(15) The Service Information for the


Contractor’s plan is in: ……….

21.1 The plan identified in the Contract Data is


contained in: ………

24.1 The key persons are:

1 Name: ………

Job: ……….

Responsibilities: ……….

Qualifications: ……….

Experience: ……….

2 Name: ……….

Job ……….

Responsibilities: ……….

Qualifications: ……….

Experience: ……….

……….

CV's (and further key person's data including


CVs) are in ………………..

Term Service Contract PAGE 1 Part C1


CPM 2020 Rev 06 C1.2: Contract Data by Contractor
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

A Priced contract with price list

11.2(12) The price list is in ………

11.2(19) The tendered total of the Prices is R…………….

Term Service Contract PAGE 2 Part C1


CPM 2020 Rev 06 C1.2: Contract Data by Contractor
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description Of Service: Replace Buchholz Relay, Oil Top Up, Testing And Purification
At Van Reenen Substation 3kv Dc.

Tables stating Delays that will be taken into consideration for Penalties.
ANNEXURE A: X17 Low Service Damages

Item Description Allowable duration Conclusion

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.

PART C2: PRICING DATA

Document Title No of
reference pages

C2.1 Pricing instructions: Option A 1

C2.2 Price List 1

CPM 2020 Rev 02 Part C2: Pricing Data


Page 1 of 3 Pricing Instructions & Price List, Option A
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.

C2.1 Pricing instructions: Option A

1.1 The conditions of contract

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 Measurement and Payment

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.

CPM 2020 Rev 02 Part C2: Pricing Data


Page 2 of 3 Pricing Instructions & Price List, Option A
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.

C2.2 Price List

Item Description Unit Quantity Rate Price


no

1 Transformer oil test and purification Each 1

2 Replace Buchholz relay and silica gel. Sum 1

3 Re-wind No Volt Coil Each 3

4 Supply and Refill transformer oil Liters 1260

TOTAL (EXL. VAT)

VAT @ 15%

TOTAL INCL. VAT

The total of the Prices

CPM 2020 Rev 02 Part C2: Pricing Data


Page 3 of 3 Pricing Instructions & Price List, Option A
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.

PART C3: SERVICE INFORMATION

Document Title No of
reference pages
This cover page 1

C3.1 Service Information 5

Total number of pages 6

Contract PAGE 1 Part C3: Service


Information
TRANSN ET FR EIGHT R AIL

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.

C3.1 Service Information


1 Description of the service
1.1 Executive overview
The Service that the Contractor is to perform involves the supply of all competent labour,
site supervision, tools, equipment, materials, services and testing necessary for the
execution of the works, situated in Van Reenan Substation whilst ensuring compliance to
Occupational Health & Safety regulations and adherence to Quality Standards &
Specifications.

1.2 Employer’s objectives

This project specification covers Transnet’s requirements for the reinstatement of


vandalized/theft Van Reenen 3KV DC substation.

1.3 Description of the works


The contractor is required to reinstate traction transformer on unit B at Van Reenen 3KV DC
substation in line with the Scope of works.

2 Specifications
Van Reenen 3KV DC substation information

Description of the Service: Reinstatement of Van Reenen 3KV DC substation unit B


Transformer.

Activity A: Replace silica gel and Buchholz relay.

• Replacement of relay and silica gel breather:


- Replace old Buchholz relay.
- Replace silica gel breather.

Activity B: Oil purification

• Purify and top up transformer oil and take samples after purification.

Activity C: PCB No volt coils

• Re-wind no volt coils

3.2. Constraints on how the Contractor Provides the Works

Service delivery between 07h30 and 16h00 Monday to Sunday, including public holidays.

3.3. Requirements for the programme

Contract PAGE 2 Part C3: Service Information


TRANSN ET FR EIGHT R AIL

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 should provide their own water and electricity.

3.4. Services and other things provided by the Employer.

Item Date by which it will be


provided

Electrician to take permit (substation switching) During execution phase

4. Procurement

4.1 Code of Conduct

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.

Prohibition of Bribes, Kickbacks, Unlawful Payments, and Other Corrupt Practices

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).

Contract PAGE 3 Part C3: Service Information


TRANSN ET FR EIGHT R AIL

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.

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 The Contractor’s Invoices

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.

5.3 The invoice states the following:

• Invoice addressed to Transnet Limited;


• Transnet Limited’s VAT No: 4720103177;
• Invoice number;
• The Contractor’s VAT Number; and
• The Contract number [insert relevant details]

5.4 The invoice contains the supporting detail [insert relevant details].

• The invoice is presented either by post or by email.


• The invoice is presented as an original.
• Invoices submitted by email are addressed to: Xolisa.Baca@transnet.net
• Invoices submitted by hand are presented to:
DE BUILDING
CNR LYELL & ALEXANDER STREET LADYSMITH

Contract PAGE 4 Part C3: Service Information


TRANSN ET FR EIGHT R AIL

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.

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 CONTRACTUAL OBLIGATIONS

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.

7.3 TO BE SUPPLIED BY THE CONTRACTOR.


• The provision of all labour and the operation of all plant, equipment, and material
resources as per schedule of quantities to complete the works in accordance with
the specifications and all contract requirements.
• All arrangements regarding water and sanitation requirements for the duration of the
contract.
• The Contractor must make his own arrangement for accommodation of his staff.
Only accommodation of night watchmen will be allowed on site.
• All material needed to do the work.
• And everything else that is needed for proper completion of items listed and
quoted for on the schedule of quantities.

7.4 PROTECTION OF, AND CONNECTION TO EXISTING SERVICES

• 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.

Contract PAGE 5 Part C3: Service Information


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.

7.5 SITE FACILITIES

7.5.1 Contractor’s camp

• 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.

7.5.2 Water Supply and Electricity

• 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.

7.5.4 WORK REQUIREMENTS AND STANDARDS OF WORKMANSHIP

• This project is estimated to take at least 3 weeks.


• Transnet Freight Rail reserves the right to cancel the contract if the standard of
workmanship and accuracy as specified in the Technical Specifications of this
document are not achieved. Such termination will be done in accordance to Clause 9
(Termination) of the NEC TSC
• No major activity is to commence without a supervision from a representative of
Transnet Freight Rail.
• The contractor shall be liable to correct any undesirable results due to poor
workmanship and shall carry all identified snags and conduct remedial works to
address any undesirable results.

7.5.5 HOUSE KEEPING


• The contractor to leave the worksite in an acceptable manner and to not affect or impose
negatively on the environment and surrounding area.

7.5.6 APPLICABLE SPECIFICATIONS

• 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 Temporary works, Site services, constraints & requirements

7.6.1The Contractor complies with the following requirements of the Employer:


The Contractor is specifically excluded from entering the Employer’s operational area
which is adjacent to the site and work area. The Contractor plans and organiser his/her
work in such a manner so as to cause least possible disruptions to the Employer’s
operations.
The Contractor ensures, adequate protection for his/her staff members and construction
equipment. The Contractor will also be responsible for safe movement of motorists,
pedestrian and general public in the vicinity of the works area.
The Contractor shall conduct all works within his/her work area and ensure that no
personnel access the rail reserve situated above the work area.

NEC3 TSC CONTRACT Part C3: Service Information


Page 7 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.

7.6.2People restrictions on Site; hours of work, conduct and records:


Site working hours will be the standard Transnet Freight Rail working day, which is from
07h30 to 16h00 on weekdays. No work will be permitted on weekends or public holidays
unless a written request is submitted, a week prior to working, to the Project Manager for
he’s acceptance.
7.6.3The Contractor complies with the following hours of work for his people
(including Subcontractors) employed on the Site:
07h30 to 16h00 on weekdays. No work on weekends and public holidays unless granted
permission by the Project Manager.
7.6.4The Contractor keeps daily records of his people engaged on the Site and Working
Areas (including Subcontractors) with access to such daily records available
for inspection by the Project Manager at all reasonable times.
7.6.5 The Contractor has no title to materials arising from excavations and
demolition in the performance of the works with the exception of:
7.6.6 The Contractor performs the works and co-operates with:
The Employer to ensure that daily operations and activities are not affected whilst
construction work activities continue.
A community liaison officer employed by the Employer, with all community related matters
and concern raised.
Sourcing local labour via the community liaison officer and Local Ward Councillors in
performing the works, if required.

7.6.7 Publicity and progress photographs


Only in the interest of project progress submissions, photographs depicting work may be
taken, upon request by the Project Manager.
7.6.8 The Contractor provides progress photographs at the discretion of the Project Manager
in jpeg format at a location the Project Manager has communicated to the
Contractor.
7.6.9 The Contractor does not advertise the contract or the project to any third party, nor
communicate directly with the media (in any jurisdiction) whatsoever without the
express written notification and consent of the Project Manager.
7.6.10 Contractor’s Equipment
All earthmoving plant and equipment is to be stored at a designated area. Plant and
equipment will only be removed from the designated store / lay down area. This plant and
equipment should be returned to the store / lay down area before the end of the shift
(i.e. no plant and equipment to be left on site).
Registers of plant and equipment to be generated which will be monitored and maintained
by the Contractor but must be available upon request from the Employer. Plant and
equipment to be stored as per specifications.

NEC3 TSC CONTRACT Part C3: Service Information


Page 8 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.

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.

7.6.13 The Employer provides the following facilities for the


Contractor: An un-serviced lay down area / site camp.

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.

8 Management and start up.

8.1 Management meetings


Regular meetings of a general nature may be convened and chaired by the Project Manager as follows:

Title and Approximate Location Attendance by:


purpose time & interval
Risk registers and Weekly, on Van Reenan Substation Service Manager
compensation Mondays at Supervisor Safety
events 10H00
Officer
Service Manager
Contractors Team
Overall contract Monthly on the Ladysmith DE office Service Manager
progress and 1st at 10H00 Supervisor Safety
feedback
Officer
Service Manager
Contractors Team

• 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.

8.2 Contractor’s Liability

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.

8.4 The Contractor warrants that no negotiations or feedback meetings by the


Contractor’s employees shall take place on Transnet premises, whether owned or rented by
Transnet.
8.5 The Contractor shall give notice to Transnet of any industrial action by the Contractor’s
employees immediately upon becoming aware of any actual or contemplated action that is or
may be carried out on Transnet’s premises, whether owned or rented, and shall notify Transnet
of all matters associated with such action that may potentially affect Transnet.

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 Industrial action by Contractor’s employees

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.

NEC3 TSC CONTRACT Part C3: Service Information


Page 11 of 12
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of the Works: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

PART 4: AFFECTED PROPERTY


Core clause 11.2(2) states

“Affected Property is property which

• 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.

1. Description of the Site and its surroundings

1.1. General description


Van Reenen substation is in Van Reenen near Van Reenen pass in N3, and it falls under Van
Reenen municipality. The Tenderer shall attend the site clarification meeting and acquaint
themselves with the nature of the works, conditions under which the work is to be performed and
means of access to the site, any limitations, or other authorities and in general with all matters
that may influence or affect the contract. The site can be accessed via gravel road behind Caltex
patrol station in N3.
1.2. Existing buildings, structures, and plant & machinery on the Site

• Substation building

The site for the works is close to the railway line that is generally busy utilised for diesel trains.

1.3. Subsoil information.


Earthworks are not required.

Contract PAGE 1 Part C4


CPM 2020 Rev01 C4. Affected Property
Transnet Freight Rail
Contract Number: CRAC LSE 47004
Description of the Works: Replace Buchholz Relay, Oil Top Up, Testing And Purification At Van Reenen Substation 3kv
Dc.

1.4. Hidden services


It is the responsibility of the Contractor to detect and protect the existing services. The Contractor
shall liaise with the Project Manager in this regard before commencing excavations.

1.5. Other reports and publicly available information


Private Clients Infrastructure / Equipment.

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)

Van Reenen substation location coordinates: -28.373968, 29.382677

Contract PAGE 2 Part C4


CPM 2020 Rev01 C4. Affected Property

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