request for proposal [rfp] - etenders.treasury.gov.za. rfp services - pyp... · the secretariat,...

RFP No. PYP/W1/6/21/1810

The provision of in-line inspection: magnetic flux leakage (mfl) wall loss detection survey of 16inch diameter and 18inch onshore methane enriched gas pipeline network of Transnet pipelines

RFP for Services

TRANSNET PIPELINES

An Operating Division of TRANSNET SOC LTD

[Registration No. 1990/000900/30]

REQUEST FOR PROPOSAL [RFP]

THE PROVISION OF IN-LINE INSPECTION: MAGNETIC FLUX LEAKAGE (MFL) WALL LOSS DETECTION

SURVEY OF 16inch DIAMETER and 18inch ONSHORE METHANE ENRICHED GAS PIPELINE NETWORK OF

TRANSNET PIPELINES

RFP NUMBER PYP/W1/6/21/1810

ISSUE DATE: 21 May 2019

CLOSING DATE: 25 June 2019

CLOSING TIME: 10:00

BID VALIDITY PERIOD: 90 Business Days from Closing Date

RFP No. PYP/W1/6/21/1810


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Respondent’s Signature Date & Company Stamp

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SCHEDULE OF BID DOCUMENTS

Section No Page

SECTION 1 : NOTICE TO BIDDERS .................................................................................................................. 4

1 INVITATION TO BID ................................................................................................................................ 4

2 FORMAL BRIEFING .................................................................................................................................. 5

3 PROPOSAL SUBMISSION .......................................................................................................................... 5

4 DELIVERY INSTRUCTIONS FOR RFP ......................................................................................................... 6

5 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC OBLIGATIONS……………………….. 7

6 COMMUNICATION ................................................................................................................................... 8

7 CONFIDENTIALITY .................................................................................................................................. 9

8 INSTRUCTIONS FOR COMPLETING THE RFP .............................................................................................. 9

9 COMPLIANCE .......................................................................................................................................... 9

10 DISCLAIMERS ......................................................................................................................................... 9

11 LEGAL REVIEW ..................................................................................................................................... 10

12 SECURITY CLEARANCE .......................................................................................................................... 10

13 NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE ........................................................................... 10

14 TAX COMPLIANCE ................................................................................................................................. 11

15 PROTECTION OF PERSONAL DATA ......................................................................................................... 12

SECTION 2 : BACKGROUND AND SCOPE OF REQUIREMENTS............................................................................ 13

1. BACKGROUND....................................................................................................................................... 13

2 EXECUTIVE OVERVIEW .......................................................................................................................... 13

3 SCOPE OF REQUIREMENTS .................................................................................................................... 14

4 GENERAL SUPPLIER OBLIGATIONS ......................................................................................................... 17

5 EVALUATION METHODOLOGY ................................................................................................................ 17

SECTION 3 : PRICING SCHEDULE ................................................................................................................... 22

1. ‘AS AND WHEN’ REQUIRED CONTRACTS ................................................................................................. 22

2 SERVICE LEVELS ................................................................................................................................... 22

3 RISK .................................................................................................................................................... 23

SECTION 4 : PROPOSAL FORM AND LIST OF RETURNABLE DOCUMENTS ........................................................... 25

SECTION 5 : SUPPLIER DECLARATION FORM .................................................................................................. 30

SECTION 6 : CERTIFICATE OF ATTENDANCE AT TENDER CLARIFICATION MEETING ......................................... 39

SECTION 7 : B-BBEE PREFERENCE POINTS CLAIM FORM ................................................................................. 40

SECTION 8 : SUPPLIER INTEGRITY PACT ........................................................................................................ 47

SECTION 9 : POPI ACT CONSENT ................................................................................................................... 54

SECTION 10 : RFP CLARIFICATION REQUEST FORM ........................................................................................ 55

SECTION 11: NON DISCLOSURE AGREEMENT ................................................................................................. 56

SECTION 12 : CREDIT CHECK ........................................................................................................................ 60

SECTION 13 : B-BBEE IMPROVEMENT PLAN .................................................................................................... 61

SECTION 14 : RECORD OF ADDENDA TO TENDER DOCUMENTS ....................................................................... 68

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SECTION 15 : CERTIFICATE OF ACQUAINTANCE WITH TENDER DOCUMENTS ................................................... 69

SECTION 16 : GEOGRAPHIC FOOTPRINT ........................................................................................................ 71

SECTION 17 : DECLARATION OF UNDERSTANDING - COMPANY RESPONSE TIME ................................... 72

RFP ANNEXURES (RETURNABLE DOCUMENTS):

ANNEXURE A TECHNICAL RETURNABLES - COMPULSORY RETURNABLE

ANNEXURE B PRICING SCHEDULE - COMPULSORY RETURNABLE

RFP APPENDICES:

APPENDIX (I) GENERAL BID CONDITIONS – SERVICES [March 2015]

APPENDIX (ii) STANDARD TERMS AND CONDITIONS OF CONTRACT FOR THE PROVISION OF SERVICES TO

TRANSNET [March 2015]

APPENDIX (iii) ENVIRONMENTAL POLICY

APPENDIX (iv) ENV-SOP-004 – STANDARD ENVIRONMENTAL SPECIFICATION

APPENDIX (v) HEALTH AND SAFETY INSTRUCTIONS TO CONTRACTORS

APPENDIX (vi) WRITTEN ARRANGEMENTS ON OCCUPATIONAL HEALTH AND SAFETY ACT (ACT 85 OF 1993) AND

APPLICABLE REGULATIONS

APPENDIX (vii) SAFETY ARRANGEMENT & PROCEDURAL COMPLIANCE

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Section 1 : NOTICE TO BIDDERS

1 INVITATION TO BID

Responses to this RFP [hereinafter referred to as a Bid or a Proposal] are requested from persons, companies,

close corporations or enterprises [hereinafter referred to as an entity, Respondent or Bidder].

DESCRIPTION

The provision of in-line inspection: magnetic flux leakage (mfl) wall loss detection

survey of 16inch diameter and 18inch onshore methane enriched gas pipeline

network of Transnet pipelines

BID FEE AND

BANKING DETAILS

This RFP may be downloaded directly from National Treasury’s e-Tender Publication Portal at www.etenders.gov.za free of charge. The hard copy are free of charge. All copies will be controlled and registered. Bidders are however encouraged to download the RFP from the eTender Portal instead.

INSPECT / COLLECT

DOCUMENTS FROM

The RFP can be inspected and downloaded for free from the National

Treasury e-Tender Publication Portal: www.etenders.gov.za (free of

charge) from Tuesday, 21th May 2019 until 14th June 2019.

The Bid document may be inspected at, and are obtainable from

Sihle Mndaweni, 6th Floor, Room 610, Transnet Pipelines Building, 202

Anton Lembede (Smith) Street, Durban.

ISSUE DATE AND

COLLECTION DATE

DEADLINE

Between 10h00 to 15h00 from Tuesday, 21 May 2019 until 14th th

June 2019.

Note: Bidders wishing to collect a hard copy of such RFP documents from

the Transnet issuing office, are required to inform that office at the contact

numbers listed in paragraph 6 below on the day before collection in order

to allow for timeous reproduction of the documentation. Bidders are to

note that the RFP may also be downloaded directly from the National

Treasury eTender Publication Portal free of charge. If Bidders download

the RFP off the Portal, they are required to send their contact details to

the following address: [email protected] by 21th May 2019.

This is to ensure that any required communication (e.g. addenda to the

RFP) in relation to this RFP reaches those intending to respond. Transnet

will not be held liable if Bidders do not respond by this date and do not

receive the latest information regarding this RFP with the possible

consequence of either being disadvantaged or disqualified as a result

thereof.

CLOSING DATE

10:00 on Tuesday , 25th June 2019

Bidders must ensure that bids are delivered timeously to the correct address.

As a general rule, if a bid is late or delivered to the incorrect address, it will not be

accepted for consideration.

VALIDITY PERIOD

90 Business Days from Closing Date

Bidders are to note that they may be requested to extend the validity period of

their bid, at the same terms and conditions, if the internal evaluation process has

not been finalised within the validity period. However, once the adjudication body

has approved the process and award of the business to the successful bidder(s),

the validity of the successful bidder(s)’ bid will be deemed to remain valid until a

final contract has been concluded.

With regard to the validity period of short-listed bidders, please refer to Section 1,

paragraph 10.

Any additional information or clarification will be faxed or emailed to all Respondents, if necessary.

http://www.etenders.gov.za/

http://www.etenders.gov.za/

mailto:[email protected]

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2 PROPOSAL SUBMISSION

3.1. Submit all compulsory returnable with the necessary attachments when applicable.

3.2 Proposals in duplicate [1 original and 1 copy] must reach the Secretariat, Transnet Pipelines Divisional

Acquisition Council before the closing hour on the date shown below and must be submitted in a

sealed envelope addressed as follows:

The Secretariat, Transnet Pipelines Divisional Acquisition Council

RFP No: PYP/W1/6/21/1810

Description The provision of in-line inspection: magnetic flux leakage (mfl) wall

loss detection survey of 16inch diameter and 18inch onshore methane

enriched gas pipeline network of Transnet

Closing date and time: 25 June 2019 at 10:00

Closing address [Refer to options in paragraph 4 below]

All envelopes must reflect the return address of the Respondent on the reverse side.

3 DELIVERY INSTRUCTIONS FOR RFP

3.1 Delivery by hand

If delivered by hand, the envelope is must be deposited in the Transnet tender box which is located at

the main entrance of the Office Block, Transnet Pipelines Building, 202 Anton Lembede Street, Durban,

and must be addressed as follows:

THE SECRETARIAT

TRANSNET PIPELINES DIVISIONAL ACQUISITION COUNCIL

TRANSNET PIPELINES BUILDING

TENDER BOX

OFFICE BLOCK FOYER

202 ANTON LEMBEDE STREET

DURBAN 4001

a) The measurements of the "tender slot" are 440mm wide x 90mm, and Respondents must please

ensure that response documents or files are no larger than the above dimensions. Responses

which are too bulky [i.e. more than 100mm thick] must be split into two or more files, and placed

in separate envelopes, each such envelope to be addressed as required in Item 3.3.

b) It should also be noted that the above tender box is located at the street level outside the security

control area and is accessible to the public during normal working hours, 07:30 to 16:00 during

week days only.

3.2 Dispatch by courier

If dispatched by courier, the envelope must be addressed as follows and delivered to the Office of The

Secretariat, Transnet Pipelines Divisional Acquisition Council and a signature obtained from that Office:

THE SECRETARIAT

TRANSNET PIPELINES DIVISIONAL ACQUISITION COUNCIL

TENDER BOX

OFFICE BLOCK FOYER

202 ANTON LEMBEDE STREET

DURBAN 4001

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3.3 Please note the RFP closes punctually at 10:00 on Tuesday 25 June 2019.

3.4 If responses are not delivered as stipulated herein, such responses will not be considered.

3.5 No email or faxed responses will be considered, unless otherwise stated herein.

3.6 The responses to this RFP will be opened as soon as possible after the closing date and time. Transnet

shall not, at the opening of responses, disclose to any other company any confidential details pertaining

to the Proposals / information received, i.e. pricing, delivery, etc. The names and locations of the

Respondents will be divulged to other Respondents upon request.

3.7 Envelopes must not contain documents relating to any RFP other than that shown on the envelope.

4 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC OBLIGATIONS

As described in more detail in the attached BBBEE Claim Form (Section 7) and as prescribed in terms of the

Preferential Procurement Policy Framework Act (PPPFA), Act 5 of 2000 and its Regulations, Respondents are to

note that Transnet will allow a “preference” to companies who provide a valid B-BBEE Verification Certificate.

The value of this bid is estimated to be below R50 000 000 (all applicable taxes included); and therefore the

90/10 system shall be applicable.

Respondents are required to complete SECTION 7 : B-BBEE PREFERENCE POINT CLAIM FORM and submit

it together with proof of their B-BBEE Status as stipulated in the Claim Form in order to obtain preference points

for their B-BBEE status.

Note: Failure to submit a valid and original B-BBEE certificate or a certified copy thereof or an

affidavit with the supporting documents at the Closing Date of this RFP will result in a score of

zero being allocated for B-BBEE.

4.1 B-BBEE Joint Ventures or Consortiums

Respondents who would wish to respond to this RFP as a Joint Venture [JV] or consortium with B-BBEE

entities, must state their intention to do so in their RFP submission. Such Respondents must also submit

a signed JV or consortium agreement between the parties clearly stating the percentage [%] split of

business and the associated responsibilities of each party. If such a JV or consortium agreement is

unavailable, the partners must submit confirmation in writing of their intention to enter into a JV or

consortium agreement should they be awarded business by Transnet through this RFP process. This

written confirmation must clearly indicate the percentage [%] split of business and the responsibilities

of each party. In such cases, award of business will only take place once a signed copy of a JV or

consortium agreement is submitted to Transnet.

Respondents are to note the requirements for B-BBEE compliance of JVs or consortiums as required by

Section 7 [the B-BBEE Preference Point Claim Form] and submit it together with proof of their B-BBEE

Status as stipulated in the Claim Form in order to obtain preference points for their B-BBEE status.

Note: Failure to submit a valid and original B-BBEE certificate for the JV or a certified copy thereof at the

Closing Date of this RFP will result in a score of zero being allocated for B-BBEE.

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4.2 Subcontracting

Transnet fully endorses Government’s transformation and empowerment objectives and when

contemplating subcontracting Respondents are requested to give preference to companies which are

Black Owned, Black Women Owned, Black Youth Owned, owned by Black People with Disabilities, EMEs

and QSEs including any companies designated as B-BBEE Facilitators1.

If contemplating subcontracting, please note that a Respondent will not be awarded points for B-BBEE

if it is indicated in its Proposal that such Respondent intends subcontracting more than 25% [twenty-

five percent] of the value of the contract to an entity/entities that do not qualify for at least the same

points that the Respondent qualifies for, unless the intended subcontractor is an EME with the capability

to execute the contract.

A person awarded a contract may not subcontract more than 25% [twenty-five percent] 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 subcontracted to an EME that has the capability and ability to

execute the subcontract.

In terms of Section 7 of this RFP [the B-BBEE Preference Point Claim Form] Respondents are required

to indicate the percentage of the contract that will be sub-contracted as well as the B-BBEE status of the

sub-contractor/s.

4.3 B-BBEE Improvement Plan

Transnet encourages its Service Providers to constantly strive to improve their B-BBEE rating. Whereas

Respondents will be allocated points in terms of a preference point system based on its B-BBEE scorecard

to be assessed as detailed in paragraph 5.1 above, in addition to such scoring, Transnet also requests

that Respondents submit a B-BBEE improvement plan. Respondents are therefore requested to indicate

the extent to which they will maintain or improve their B-BBEE status over the contract period.

Respondents are requested to submit their B-BBEE Improvement Plan as an additional document with

their Proposals by completion of Section 15 – B-BBEE IMPROVEMENT PLAN appended hereto.

5 COMMUNICATION

5.1 For specific queries relating to this RFP, an RFP Clarification Request Form should be submitted to [Sihle

Mndaweni by email to [email protected]) before 12:00 on Thursday, 20th June 2019,

substantially in the form set out in Section 10 – RFP Clarification Request Form hereto. In the

interest of fairness and transparency Transnet’s response to such a query will then be made available to

the other Respondents who have collected RFP documents. For this purpose, Transnet will communicate

with Respondents using the contact details provided to the Secretariat on issue of the bid documentation

to the Respondent. Kindly ensure that you provide the Secretariat with the correct contact details, as

1 The Minister of the Department of Trade and Industry has the power to designate certain Organs of State or Public Entities as B-BBEE Facilitators. For example, the South African National Military Veterans’ Association (SANMVA) has been designated as a B-BBEE Facilitator. As such they will be treated as having rights of ownership held 100% by Black People, 51% by Black Women and 20% by Black designated groups.

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Transnet will not accept responsibility for being unable to contact a bidder who provided incorrect contact

details.

5.2 After the closing date of the RFP, a Respondent may only communicate with the Secretariat [Sanelisiwe

Zuma] of the Transnet Pipelines Divisional Acquisition Council, at telephone number 031 361 1363,

email [email protected] on any matter relating to its RFP Proposal.

5.3 Respondents are to note that changes to its submission will not be considered after the closing date.

Respondents are warned that a Proposal will be liable to disqualification should any attempt be made

by a Respondent either directly or indirectly to canvass any officer or employee of Transnet in respect

of this RFP between the closing date and the date of the award of the business. Furthermore,

Respondents found to be in collusion with one another will be automatically disqualified and restricted

from doing business with Transnet in the future.

6 CONFIDENTIALITY

6.1 All information related to this RFP is to be treated with strict confidence. In this regard Respondents are

required to certify that they have acquainted themselves with Section 11 - 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 Services, which is either directly or indirectly related to Transnet’s business, written

approval to divulge such information must be obtained from Transnet.

7 INSTRUCTIONS FOR COMPLETING THE RFP

7.1 Proposals must be submitted in duplicate hard copies [1 original and 1 copy] and must be bound.

7.2 Sign one set of original documents [sign, stamp and date the bottom of each page]. This set will serve

as the legal and binding copy. A duplicate set of documents is required. This second set must be a

copy of the original signed Proposal.

7.3 Both sets of documents are to be submitted to the address specified in paragraph 3 above, and Bidders

must ensure that the original and copies (where applicable) are identical in all respects as Transnet will

not accept any liability for having disqualified a bidder for failing to provide a compulsory returnable

document in either the original or the copy of the RFP albeit that it was included in the other.

7.4 A CD copy of the RFP Proposal must be submitted. Please note that the signed original set will be legally

binding.

7.5 All returnable documents tabled in the Proposal Form [Section 4] must be returned with

your Proposal.

7.6 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall be deemed to be

offers. Any exceptions to this statement must be clearly and specifically indicated.

7.7 Any additional conditions must be embodied in an accompanying letter. Subject only to clause 16

[Alterations made by the Respondent to Bid Prices] of the General Bid Conditions, alterations, additions

or deletions must not be made by the Respondent to the actual RFP documents.


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8 COMPLIANCE

The successful Respondent [hereinafter referred to as the Service Provider] shall be in full and complete

compliance with any and all applicable laws and regulations.

9 DISCLAIMERS

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

of this RFP and/or its receipt of Proposals. In particular, please note that Transnet reserves the right to:

9.1 Modify the RFP’s Services and request Respondents to re-bid on any such changes;

9.2 Reject any Proposal which does not conform to instructions and specifications which are detailed herein;

9.3 Disqualify Proposals submitted after the stated submission deadline [Closing Date];

9.4 Not necessarily accept the lowest priced Proposal or an alternative bid;

9.5 Reject all Proposals, if it so decides;

9.6 Withdraw the RFP on good cause shown;

9.7 Award a contract in connection with this Proposal at any time after the RFP’s closing date;

9.8 Award a contract for only a portion of the proposed Services which are reflected in the scope of this RFP;

9.9 Split the award of the contract between more than one Service Provider, should it at Transnet’s discretion

be more advantageous in terms of, amongst others, cost or developmental considerations;

9.10 Make no award of a contract;

9.11 Should a contract be awarded on the strength of information furnished by the Respondent, which after

conclusion of the contract, is proved to have been incorrect, Transnet reserves the right to cancel the

contract.

Transnet reserves the right to undertake post-tender negotiations [PTN] with selected Respondents or any

number of short-listed Respondents, such PTN to include, at Transnet’s option, any evaluation criteria listed in

this RFP document.

Transnet reserves the right to award the business to the highest scoring bidder/s unless objective criteria justify

the award to another bidder.

Should the preferred bidder fail to sign or commence with the contract within a reasonable period after being

requested to do so, Transnet reserves the right to award the business to the next ranked bidder, provided that

he/she is still prepared to provide the required goods at the quoted price.

Transnet reserves the right to lower the Technical Threshold from 80% to 70% if no Bidders pass the

predetermined minimum threshold in respect of Technical.

Kindly note that Transnet will not reimburse any Respondent for any preparatory costs or other work performed

in connection with its Proposal, whether or not the Respondent is awarded a contract.

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10 LEGAL REVIEW

A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed

contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business.

11 SECURITY CLEARANCE

Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing

the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level

of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the

Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent

will implement all such security measures as the safe performance of the contract may require.

12 NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE

Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has

been established to centrally administer supplier information for all organs of state and facilitate the verification

of certain key supplier information. Respondents must register on the CSD prior to submitting their bids.

Business may not be awarded to a Respondent who has failed to register on the CSD. Only foreign suppliers

with no local registered entity need not register on the CSD. The CSD can be accessed at

https://secure.csd.gov.za/. Respondents are required to provide the following to Transnet in order to enable it

to verify information on the CSD:

Supplier Number: ____________ unique registration reference number: _____________.

13 TAX COMPLIANCE

Respondents must be compliant when submitting a proposal to Transnet and remain compliant for the entire

contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 (Act No.

58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991).

It is a condition of this bid that the tax matters of the successful Respondents be in order, or that satisfactory

arrangements have been made with South African Revenue Service (SARS) to meet the Respondents tax

obligations.

The Tax Compliance status requirements are also applicable to foreign Respondents/ individuals who wish to

submit bids as indicated in paragraph _14.2_ below.

It is a requirement that bidders grant a written confirmation when submitting this bid that SARS may on an

ongoing basis during the tenure of the contract disclose the bidder’s tax compliance status and by submitting

this bid such confirmation is deemed to have been granted.

Respondents are required to be registered on the Central Supplier Database as indicated in paragraph 13 and

the National Treasury shall verify the bidder’s tax compliance status through the Central Supplier Database.

Where Consortia / Joint Ventures / Sub-contractors are involved, each party must be registered on the Central

Supplier Database and their tax compliance status will be verified through the Central Supplier Database

https://secure.csd.gov.za/

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13.1 NEW TAX COMPLIANCE STATUS (TCS) SYSTEM

SARS has implemented a new Tax Compliance Status (TCS) system in terms of which a taxpayer is now able to

authorise any 3rd party to verify its compliance status in one of two ways: either through the use of an electronic

access PIN, or through the use of a Tax Clearance Certificate obtained from the new TCS system.

Respondents are required to provide the following to Transnet in order to enable it to verify their tax compliance

status:

Tax reference number: _______________

Tax Clearance Certificate & TCC Number: ____________ and PIN: _____________.

13.2 TAX COMPLIANCE REQUIREMENTS FOR FOREIGN ENTITIES

Where foreign Respondents with no presence in South Africa, seek to obtain a Tax Clearance Certificate in order

to meet the tax compliance requirements mentioned in 1 above, they must confirm an answer of “No” to all

questions below:

a) Is the entity a tax resident of the Republic of South Africa (RSA)?

b) Does the entity have a branch/locally registered entity in the RSA?

c) Does the entity have a permanent establishment in the RSA?

d) Does the entity have any source of income (income is defined as per the Income Tax Act 58 of 1962

as the amount remaining of the gross income of any person for any year or period of assessment after

deducting therefrom any amounts exempt from normal tax under Part I of Chapter II of the Act) in

the RSA in the current tax year?

e) Is the entity liable in the RSA for any form of taxation in the current tax year?

Where a foreign entity’s answer to all questions above is “No”, such entities are required to submit an

application to SARS using the following email address: [email protected] and providing the

following information to SARS:

• Details of the Foreign entity;

• Description of the service being provided; and

• Name of the South African Government Institution to whom the service is being provided.

SARS will consider this request and will then provide a scanned copy of the Tax Clearance Certificate which

must be provided to Transnet with the Respondent’s bid submission.

If a Respondent’s answers to any one (or more) of the questions in a) to e) above changes to a “Yes” at any

time during the bid process and/or after award of the contract (should a particular Respondent be successful),

then the Respondent undertakes to comply with its tax obligations and to report to Transnet accordingly.

14 PROTECTION OF PERSONAL DATA

In responding to this bid, Transnet acknowledges that it may obtain and have access to personal data of the

Respondents. Transnet agrees that it shall only process the information disclosed by Respondents in their response to

this bid for the purpose of evaluating and subsequent award of business and in accordance with any applicable law.


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Furthermore, Transnet will not otherwise modify, amend or alter any personal data submitted by Respondents or

disclose or permit the disclosure of any personal data to any Third Party without the prior written consent from the

Respondents. Similarly, Transnet requires Respondents to process any personal information disclosed by Transnet in

the bidding process in the same manner. The detailed mutual duties of Transnet and the Respondents to protect

personal information is contained in paragraph 37 of the General Bid Conditions

Transnet urges its clients, suppliers and the general public

to report any fraud or corruption to

TIP-OFFS ANONYMOUS : 0800 003 056

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1. INTRODUCTION

TRANSNET PIPELINES (a pipeline operating division of Transnet SOC Limited) invites tenders from eligible Pipeline Inspection service providers for the inline inspection of their sections of 16 and 18-inch diameter onshore pipeline network employing an in-line High Resolution/ Definition Magnetic Flux Leakage Wall Loss Detection inspection vehicle. The pipeline transports industrial methane enriched gas from Secunda to Durban. The pipeline has three sections and was previously inspected in 2006/7 period.

Item Diameter Length, km Start Stop

1 16” 153 Secunda Ingogo, Newcastle

2 18” 250 Ingogo Empangeni

3 18” 179 Empangeni Durban

1. SCOPE OF WORKS

This contract covers the provision in-line inspection of three sections of pipelines of nominal diameter ranging from 16” to 18” hereinafter referred to as the "Works", and any other work arising out of or incidental to the above, or required of the Contractor for the proper completion of the Works in accordance with the true meaning and intent of the contract, and shall include the following:

a) The bore proving survey of the sections of pipeline by a profile vehicle ‘dummy’ tool of the same configuration as the live tool to ensure free and safe passage of the live tool.

b) The cleaning survey of the sections by an appropriate pre-inspection cleaning tool(s) to ensure unhindered data collection and successful inspection. This shall be a maximum of five runs per section.

c) The condition survey of the sections of pipeline by an in-line High Resolution/ Definition Magnetic Flux Leakage

Wall Loss Detection inspection tool.

The inspection shall be for full pipe wall and joint conditions seeking out any imperfections, internal & external metal loss, wall thinning, mill anomalies, weld anomalies, gouges/ third party damage and dents.

The inspection shall also be for pipe tally and wall thickness proving. Ability to detect axial and/ or circumferential cracks, longitudinal seam weld positions and mid-wall events including

laminations, inclusions, etc will advantage the contractor. The tool should also detect pipeline installations and fittings.

d) The supply of reports and digitised survey data formats, including the respective inspection data visualisation

software indicating the type, location and severity of pipe geometry defects and events, pipe wall and weld features, as associated with the above mentioned survey. The survey shall reference all defects to known above ground markers and/or existing block valves fitted to the pipeline. Digital reports should preferably be ‘Data Integration’ friendly/ ready, such as would be used by a pipeline integrity (data) management system.

e) The supply of Raw Data Viewer and Software to be able to observe, analyse and manipulate the digitised survey data.

f) The training of TRANSNET PIPELINES person(s) in the use and interpretation of digitised survey data, data

evaluation software and log reports. The training shall include collection, analysis, interpretation and reporting of the pipeline inspection data in particular and overall pipeline integrity in general. The training shall include the use (proficiency) of the presentation software program of the inspection results and any other offered enhancement/ add-on package(s). The training shall preferably be done in contractor’s facilities for a duration not exceeding ten (10) consecutive working days.

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4. SURVEY PROGRAMME

The anticipated duration of contract is twelve (12) months starting in the period between 2nd September 2019 and 31st August 2020.

4.1 TRANSNET PIPELINES intends to survey three (3) sections. All these lines can be inspected in a single pass.

4.2 Approximate in-field works execution period, i.e. the actual times including runs and travel but excluding tool refurbishment time and receiver site(s) establishment* is five (5) weeks.

4.3 TRANSNET PIPELINES anticipates that the works will commence within one (1) month of the award of tender and/ or the Contractor being so ordered to commence.

4.4 Day 1 shall be the first full day that the equipment and personnel are available at the field base to commence preparing the inspection vehicle.

4.5 The Contractor shall furnish the final inspections report within two (2) months of the successful completion of in-field works for each section.

4.6 TRANSNET PIPELINES reserves the right to alter this approximate period on receipt of tenders and depending on the requirements of the Contractor. The revised period will then be determined as far as is possible in conjunction with the Contractor.

*Receiver site establishment Kindly note that Transnet shall require to establish receiver sites after completion of infield works per section, and this may take approximately twenty (20) days to complete before works in a next section is embarked on. These days may not constitute idle/ standby days for equipment and or personnel. Filtration equipment require to be dismantled from one receiver station to be carted and built up in the next.

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(a) 5.PORTION OF WORKS SUPPLIED BY TRANSNET PIPELINES

5.1 TRANSNET PIPELINES will furnish personnel and crane where required for assisting the Contractor’s survey

crew with the loading and retrieving their survey tool(s). 5.2 TRANSNET PIPELINES will further provide personnel to assist with pig tracking procedures. It is however

neither desirable nor encouraged to track all points on the pipeline section owing to the terrain. Benchmark/ tracking units (above ground marker units) may be left unattended at certain points where it is safe to do so.

5.3 TRANSNET PIPELINES shall be fully responsible for the control and management of the pipelines and for the

running of the survey tools through the pipeline, including launching and receiving procedures. 5.4 TRANSNET PIPELINES shall provide a workshop area in the field bases for the preparation, building,

maintenance, refurbishment and decommissioning of survey tools (and support equipment). The major field base shall be in our Alrode Maintenance Workshop premises located at 3 Akasia Road, General

Albert Park, and Alberton in Johannesburg. Further field bases shall include our Ladysmith and Durban Maintenance Workshops in Ladysmith and

Pinetown towns respectively. 5.5 TRANSNET PIPELINES shall provide a suitable area near the job sites for necessary starting up and shutting

down of smart tools and/or ancillary instruments for each pipeline run. 5.6 TRANSNET PIPELINES will provide an enclosed area accessible to the Contractor personnel on a controlled

basis for the purpose of the Contractor downloading recorded data and or operating their electronic playback system.

5.7 TRANSNET PIPELINES shall provide transport for survey tools between job sites and the field base complete with

crane where required. 5.8 TRANSNET PIPELINES shall provide Technical Information as Annexure 2 regarding the various sections to be

surveyed. Additional information required by Contractor will be made available as per requirements stated in tender, at the time of signing the contract, or as per agreement between parties.

5.10 TRANSNET PIPELINES shall complete a Survey Questionnaire as provided by the Contractor providing

requested pipeline information prior to shipment of Contractor equipment.

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6. DUTIES OF CONTRACTOR

The Contractor shall perform the works with due diligence, efficiency, and in accordance with generally accepted techniques and practices used in the industry and shall observe sound management and technical and engineering practices, and employ appropriate advanced technology, and supply field personnel of the same standard. Further to any other duties required of the Contractor in carrying out the WORKS he shall be responsible for the following: 6.1 The Contractor or his agent shall be responsible for forwarding, clearing customs and excise procedures, or other

such items related to the clearance of materials, plant and equipment through customs upon entry into and exit from South Africa.

6.2 The Contractor shall deliver all materials, plant and equipment to Alrode Maintenance Workshop located at 3

Akasia Road, General Albert Park, and Alberton in Johannesburg, Gauteng province which shall be the major field base, after clearing customs and excise procedures at port of entry. Alternatively they may be delivered, on mutual agreement and for logistics purposes, to Ladysmith Maintenance Workshop at 7 Hamilton Road, Ladysmith and/ or Durban Maintenance Workshop at 2 Kirk Road, Pinetown both in the KwaZulu-Natal province shall also be field bases. The Contractor shall also be responsible for the transport of his equipment from the major field base or such nominated field base to a port of exit at the completion of the surveys.

6.3 The Contractor shall be responsible for the loading (insertion) of the inspection vehicle into and retrieval of such

from the respective traps and shall effectively monitor TRANSNET PIPELINES personnel if this function is jointly executed.

6.4 The Contractor shall be responsible for the pig tracking function including the placement and removal of the

above ground marker equipment at marker sites. The Contractor shall offer necessary training for operation of marker units to Transnet Pipelines personnel. Note, to be read with clause 5.2 above.

6.5 The Contractor shall verify the quality, completeness and adequacy of the recorded data for each pipeline

section to ascertain the success or failure of the run. Initial verbal and/ or written field report must be issued within 48 hours of completion.

6.6 The Contractor shall analyse the inspection data and supply a Preliminary Report indicating the most severe

of the events (i.e. 80% and above peak depth) within a period of 10 days of completion of the run of a section of pipeline.

6.7 The Contractor shall analyse the inspection data and supply a Final Report indicating the extent of events as

required under clause 8 herewith or as agreed, within a period of 60 days of successful completion of a section of pipeline.

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7. DETECTION SPECIFICATION

Service providers must adhere to provisions of POF version 2009 or latest specifications and requirements for intelligent pig inspection of pipelines and according to API 1163 defect specifications. 7.1 The system must detect and identify girth (circumferential) welds, fittings and other such installed features. 7.2 The system must inspect girth welds for completeness of welding and/ or any imperfections. 7.3 The system must detect, identify and size pipe wall anomalies including metal loss, pitting, thinning, general

corrosion, gouging, dents and mill/ mechanical features. 7.4 The system must detect and identify any metal addition or metal in close proximity of the pipe wall. 7.5 The system must detect anomalies propagating from either internal or external surface and must be able to

differentiate between them. 7.6 The system must detect anomalies with either peak depth equal to or exceeding 15% of the wall thickness and

or length exceeding 10mm. 7.7 It is desired that the system is able to detect axial and/ or circumferential crack-like features (discontinuities),

longitudinal seam weld positions and mid-wall features (laminations, inclusions, etc). 7.8 The system must detect any other feature(s) straddling the longitudinal seam and/ or girth welds including any

features in the parent pipe that may impact on structural integrity, the fitness-for-purpose and fatigue life of the pipeline system.

Notes a) The Contractor must provide tool performance specifications declaring its detection and sizing accuracy including

probability of detection for features at time of tender. b) The Contractor must provide tool data sheet detailing its dimensions, operational requirements, etc. at time of

tender.

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8. REPORTS, SURVEY REPORTS AND SOFTWARE REQUIREMENTS

Notwithstanding the reporting provisions in the POF version 2009 specifications and requirements for intelligent pig inspection of pipelines, the service provider shall: 8.1 Analyse and grade the indications per pipe-length (spool/ joint) on final data and submit detailed reports on

these indications. 8.2 Provide for each survey conducted: (i) Two hard copies of every survey report. (ii) Two electronic copies of every survey report. (iii) One copy of any down loadable CD’s, for example: (a) System Software – Installation CD.

(b) Annotation Files CD (iv) Two copies of any non-down loadable CD’s, for example:

(a) Data Graphics CD. Note: CD’s may be replaced by any other external storage devices (or media) e.g. DVD’s, portable external hard drive, etc. for easier handling purpose, and this shall be by mutual agreement.

8.3 Dig sheet requirements Dig sheets shall meet the following requirements:

(i) The dig sheets must be graphical representations of defects identified in the survey. (ii) The dig sheet must have the following minimum:

(a) Pipeline section details (b) Distance from defect to nearest upstream & downstream welds. (c) Distance from defect to nearest upstream & downstream above ground markers

(AGM’s) or location reference point. (d) Relevant AGM or location reference point descriptions. (e) Pipe length on which defect occurs and adjacent pipe lengths. (f) Tool travel direction. (g) Defect details, including orientation.

(b) 8.4 Survey report requirements Each Calliper Inspection survey shall have Log Reports that contain at least the following: - (i) Covering letter / Introduction (ii) Table of Contents (iii) Tool Reports (a) Calliper Tool Run Report (b) General Description of Equipment (iv) Excavation Reports (a) Correlation Excavations (v) Summary Reports and Spreadsheets

(a) List of Known Locations, including fittings and branches. (b) List of Physical Deformations (c) List of bends (d) Summary List of All Annotations

(vi) Detailed Reports and Spreadsheets (a) Full pipeline consecutive listing of all features, welds, Known Locations, etc.

Each Inspection survey shall have Log Reports that contain at least the following:

(i) Covering letter / Introduction (ii) Table of Contents (iii) Tool Reports (a) Dummy / Sizing Tool Run Report

(b) Inspection Tool Run Report (d) General Description of High Resolution Equipment (iv) Excavation Reports (a) Correlation Excavations (v) Graphs (a) Velocity Chart

(b) Distribution Chart of number of events vs. Distance (c) Scatter plots of depth verses length including allowable line

(vi) Summary Reports and Spreadsheets

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(a) List of Known Locations (location reference point).

(b) List of Accessories Attached to Pipeline (c) Summary of Anomalies, indicating a minimum of: type, size, location, &

orientation. (d) List of Indications Associated with the long seam weld, indicating a minimum of:

type, size, location, & orientation. (e) Dig sheets for the 10 most severe events plus for all calibration digs required.


(vii) Anomaly assessment criteria: (c) The pressure based anomaly assessment according to B31G and or Modified B31G

(Simplified RSTRENG) for metal loss inspection. (d) The crack failure assessment (criticality) according to API RP579 and any other

relevant risk of failure and fatigue assessment criteria for crack inspection. (viii) The remaining life assessment and rehabilitation recommendations to inform ‘fitness-for-service’ adequacy of in-service pipelines.

8.5 All items listed in the reports are to be identified relative to the launch distance, and it shall be possible to

reference all events to the pipe upstream weld and the upstream and downstream location reference points. 8.6 All references to Known Locations (location reference points) such as block valves and AGM’s are to be labelled

correctly using the defined identifier for that item as indicated on the relevant alignment and or reference marker sheet supplied to the Service provider.

8.7 The Service provider shall supply information in his tender relating to Inspection Reports indicating the details

of reports proposed by him and the assumptions made in terms of the number of defects reported on per defect type, as well as how he proposes prioritising the listing of these.

8.8 The Service provider shall focus on reporting on events associated with the long seam weld and associated

with any mechanical damage to the pipeline. The Service provider shall aim to grade events in terms of severity and should thus be able to differentiate between injurious and non-injurious events of the long seam weld.

8.9 The electronic / digital data presentation shall include the continuous inspection graphics (not the ‘viewer / client

/ read-only’) software. TRANSNET PIPELINES must be able to manipulate the presentation’s database e.g. add / delete / edit details, print any dig information sheet, etc.

9. SERVICE PROVIDER SPECIFICATION The service provider shall follow provisions of Pipeline Operators Forum’ (POF) Specifications and requirements for intelligent pig inspection of pipelines version 2009 or latest and the API 1163 code. The company seeks to enter into contract with the principal inline inspection provider and not their agents and or consultants. 9.1 The Service provider must state detection specifications of their proposed tools, including coverage and

orientation details, detectable anomalies and flaws, limitations (exceptions), the detection ability per anomaly/ flaw, and the accuracy or sizing capability for each Tool proposed.

9.2 The Service provider must state their confidence levels for detection of minimum crack and sizing performance. 9.3 The Service provider must possess requisite ‘subject matter expertise’, resources and own their own equipment

and technology to complete the works.

9.4 The Service provider must provide relevant references specific to the proposed tools and technology. If an untried

prototype tool(s) is proposed, then the service provider must state so. 9.5 The Service provider must provide their (organisational) applicable past performance experience details. 9.6 The Service provider must provide competency, qualifications and experience details of all personnel that would

be involved in the project.

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9.7 The Service provider must provide demonstrable record of accomplishment for inspecting ERW seam pipelines.

9.8 The Service provider shall provide a method statement and programme/ schedule for performing works. 8.1 The Contractor shall analyse and grade the indications per pipe-length (spool/ joint) on final data and submit

detailed reports on these indications. 8.2 Each survey conducted must have the following Reports and Software supplied to TRANSNET PIPELINES: (i) Two hard copies of every survey report. (ii) Two electronic copies of every survey report. (iii) One copy of any down loadable CD’s, for example: (a)System Software – Installation CD.

(b)Annotation Files CD (iv) Two copies of any non-down loadable CD’s, for example:

(b) Data Graphics CD. Note: CD’s may be replaced by any other external memory devices (or media) e.g. DVD’s, portable hard drive, etc for easier handling purpose, and this shall be by mutual agreement.

8.3 Dig sheet requirements

Dig sheets shall meet the following requirements: (i) The dig sheets must be graphical representations of defects identified in the survey. (ii) The following information must be shown on any dig sheet:

(a) Pipeline section details (b) Distance from defect to nearest upstream & downstream welds. (c) Distance from defect to nearest upstream & downstream above ground markers

(AGM’s) or location reference point. (d) Relevant AGM or location reference point descriptions. (e) Pipe length on which defect occurs and adjacent pipe lengths. (f) Tool travel direction. (g) Defect details, including orientation.

(e) 8.4 Survey report requirements

Each Inspection survey shall have Log Reports that contain at least the following:

(i) Covering letter / Introduction (ii) Table of Contents (iii) Tool Reports (a) Dummy / Sizing Tool Run Report (b) Inspection Tool Run Report (d) General Description of High Resolution Equipment (iv) Excavation Reports (a) Correlation Excavations (v) Graphs (a) Velocity Chart

(d) Distribution Chart of number of events vs. Distance (e) Scatter plots of depth verses length including allowable line

(vi) Summary Reports and Spreadsheets (f) List of Known Locations (location reference point). (g) List of Accessories Attached to Pipeline (h) Summary of Anomalies, indicating a minimum of: type, size, location, &

orientation. (i) List of Indications Associated with the long seam weld, indicating a minimum of:

type, size, location, & orientation. (j) Dig sheets for the 10 most severe events plus for all calibration digs required.


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8.5 All items listed in the reports are to be identified relative to the launch distance, and it shall be possible to

reference all events to the pipe upstream weld and the upstream and downstream location reference points. 8.6 All references to Known Locations (location reference points) such as block valves and AGM’s are to be labelled

correctly using the defined identifier for that item as indicated on the relevant alignment sheet supplied to the Contractor.

8.7 The Contractor shall supply information in his tender relating to Inspection Reports indicating the details of

reports proposed by him and the assumptions made in terms of the number of defects reported on per defect type, as well as how he proposes prioritising the listing of these.

8.8 The Contractor shall aim to grade events in terms of severity and should thus be able to differentiate between

injurious and non-injurious events of the long seam weld. 8.9 The electronic / digital data presentation shall include the continuous inspection graphics (not the ‘viewer / client

/ read-only’) software. TRANSNET PIPELINES must be able to freely manipulate the presentation’s database e.g. add / delete / edit details, print any dig information sheet, etc.

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2. Safety, Health and Environmental Requirements

The service provider shall at all times comply with Safety, Health and Environmental Requirements prescribed by law

as they may apply to the services. The service provider shall comply with the provisions of OHSA and Construction

Regulations. The service provider performs duties of the employer, and is in every respect responsible for compliance

with the provisions of the act. The service provider will be responsible for the safety, health and environmental rules

that TPL may require to be implemented. The service provider shall ensure that no employees or persons working on

his/her behalf are allowed to enter any remediation site, unless that employee or person has undergone safety, health

and environmental induction pertaining to the hazards prevalent to the site at the time of entry. The service provider

shall ensure that all employees working on site have valid medical certificates of fitness specific to the construction

work to be performed and issued by an occupational health practitioner.

Transnet Pipelines (TPL) manages and operates a pipeline network and the associated infrastructure that transports

crude oil, aviation turbine fuel (Avtur), petrol and diesel between Durban and Johannesburg. TPL has a number of

operational facilities (depots, pump stations and workshops) and a pipeline network (Avtur, multiproduct, gas) in the

following provinces: Kwa-Zulu Natal, Gauteng, Free State, Mpumalanga and North West. Due to the nature of TPL

business (i.e. handling of petroleum products), these sites are vulnerable to historical contamination due to operational

spillages that may have occurred over time. Moreover, TPL has sites along the pipeline network (outside depots

mentioned above) that may require further assessment due to incidents that occurred in the past.

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4. GENERAL SERVICE PROVIDER OBLIGATIONS

4.1 The Service Provider(s) shall be fully responsible to Transnet for the acts and omissions of persons directly

or indirectly employed by them.

4.2 The Service Provider(s) must comply with the requirements stated in this RFP.

5. EVALUATION METHODOLOGY

Transnet will utilise the following methodology and criteria in selecting a preferred Service Provider, if so

required:

NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite the process, Transnet reserves the right to conduct the different stages of the evaluation process in parallel. In such instances the evaluation of bidders at any given stage must therefore not be interpreted to mean that bidders have necessarily passed any previous stage(s).

5.1 STAGE ONE: Test for Administrative Responsiveness

The test for administrative responsiveness will include the following:

Administrative responsiveness check RFP Reference

Whether the Bid has been lodged on time Section 1 paragraph 3

Whether all Returnable Documents and/or schedules [where applicable] were completed and returned by the closing date and time

Section 4

Verify the validity of all returnable documents Section 4,

The test for administrative responsiveness [Stage One] must be passed for a

Respondent’s Proposal to progress to Stage Two for further pre-qualification

Price (90)

B-BBEE (10)

Scorecard

Stage 1 Stage 2 Stage 4

70% Minimum Threshold

Administrative

Responsiveness

Substantive Responsiveness

RETURNABLE DOCUMENTS

& SCHEDULES

TECHNICAL

Stage 3

Weighted Scoring / 100

WEIGHTED

SCORE

Stage 5

Post tender negotiation (if

applicable) requesting best & final offer.

Final evaluation in terms of 90/10.

POST TENDER NEGOTIATION &

FINAL WEIGHTED

SCORE

Stage 6

Negotiation of final terms & conditions of contract including SD, B-BBEE Improvement Plan with successful bidder

FINAL

AWARD

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5.2 STAGE TWO: Test for Substantive Responsiveness to RFP

The test for substantive responsiveness to this RFP will include the following:

Check for substantive responsiveness RFP Reference

Whether any general pre-qualification criteria set by Transnet, have been met

Section 1 paragraphs 3.3

Section 4 – validity period

General Bid Conditions -clause 19

Whether the Bid contains a priced offer Section 3

Whether the Bid materially complies with the scope and/or specification given

All Sections

Whether any Technical pre-qualification set by

Transnet have been met

Appendix (iii) Scope Requirements Compulsory Returnable Documents

Annexure A1 to A2 Annexure B

The test for substantive responsiveness [Stage Two] must be passed for a Respondent’s

Proposal to progress to Stage Three for further evaluation

5.3 STAGE THREE: Minimum Threshold 80% for Technical Criteria

The test for the Technical and Functional threshold will include the following:

TABLE NO. 1: FUNCTIONALITY THRESHOLD MINIMUM OF 80%, TECHNICAL EVALUATION CRITERIA

Pre-Qualification

Criteria

Sub-criteria %

Weightings

RFP

Reference

Management and Key Persons CV’s 60 Annexure A1

Experience

Supply organization chart

Supply project organization chart

Experience of Key Staff

Proposed key personnel

60

Previous Company Experience 40 Annexure A2

Previous Experience 40

Total Weighting 100

Minimum qualifying scored required 80

The minimum number of evaluation points for technical is: 80 out of 100

If no tenderer should achieve 70, the threshold can be reduced to 60 out of 100.

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Each evaluation criteria will be assessed in terms of six indicators – Scores of 0, 20, 40, 60, 80 or 100

will be allocated to limited response, not acceptable, poor, satisfactory, good and excellent, respectively.

The scores of each of the evaluators will be averaged, weighted, moderated and then totalled to obtain

the final score for technical.

The minimum threshold for technical/functionality [Stage Three] must be met or

exceeded for a Respondent’s Proposal to progress to Stage Four for final evaluation

5.4 STAGE FOUR: Evaluation and Final Weighted Scoring

a) Price Criteria [Weighted score 80 points]:

Evaluation Criteria RFP Reference

Commercial offer Section 3

Commercial discounts2

Price adjustment conditions / factors

Section 3

Transnet will utilise the following formula in its evaluation of Price:

PS = 80 (1 −Pt−Pmin

Pmin)

Where:

Ps = Score for the Bid under consideration

Pt = Price of Bid under consideration

Pmin = Price of lowest acceptable Bid

b) Broad-Based Black Economic Empowerment criteria [Weighted score 10 points]

B-BBEE - current scorecard / B-BBEE Preference Points Claims Form

Preference points will be awarded to a bidder for attaining the B-BBEE status level of contribution in

accordance with the table indicated in Section 7, 3.1 of the B-BBEE Preference Points Claim Form.

2 Only unconditional discounts will be taken into account during evaluation. A discount which has been offered conditionally will,

despite not being taken into account for evaluation purposes, be implemented when payment is effected.

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c) SUMMARY: Applicable Thresholds and Final Evaluated Weightings

Threshold Minimum Percentage [%]

Technical / functionality 80

Evaluation Criteria Final Weighted Scores

Price 90

B-BBEE - Scorecard 10

TOTAL SCORE: 100

5.5 STAGE FIVE: Post Tender Negotiations

Transnet reserves the right to conduct post tender negotiations with a shortlist of Respondent(s). The shortlist could

comprise of one or more Respondents. Should Transnet conduct post tender negotiations, Respondents will be

requested to provide their best and final offers to Transnet based on such negotiations. A final evaluation will be

conducted in terms of 90/10.

5.6 STAGE SIX: Final Contract Award

Transnet will negotiate the final terms and condition the contract with the successful Respondent(s). This may include

aspects such as Supplier Development, the B-BBEE Improvement Plan, price and delivery. Thereafter the final contract

will be awarded to the successful Respondent(s).

IMPORTANT NOTICE TO RESPONDENTS

Transnet has appointed a Procurement Ombudsman to investigate any material complaint in respect of

RFPs exceeding R5million [five million S.A. Rand] in value. Should a Respondent have any material concern regarding an RFP process which meets this threshold, a complaint may be lodged with the Ombudsman for further investigation. The Ombudsman reserves the right to refer the complaint to an external service provider for investigation.

It is incumbent on the Respondent to familiarise himself/herself with the Terms of Reference of the Ombudsman 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 [email protected].

For transactions below the abovementioned threshold, a complaint may be lodged with the Chief Procurement Officer of the relevant Transnet Operating Division/Specialist Unit.

Respondents are to 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 Bidder on its List of Excluded Bidders.

http://www.transnet.net/


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Section 3 : PRICING SCHEDULE

Respondents are required to complete the table below:

Refer to attached pricing schedule ANNEXURE B for pricing

Summary of Pricing Schedule

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

Notes to Pricing:

a) Prices must be quoted in South African Rand, exclusive of VAT.

b) Prices quoted must be valid for a period of 90 days from the closing date of this RFP.

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

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

being declared non responsive.

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

discount(s) in the final evaluation stage if offered on an unconditional basis.

e) Respondents, if awarded the contract, are required to indicate that their prices quoted would be kept

firm and fixed for the duration of the contract. (Not to be confused with bid validity period Section 1,

clause 1).

1. ‘AS AND WHEN’ REQUIRED CONTRACTS

1.1 Purchase orders will be placed on the Service Provider(s) from time to time as and when Services are

required.

1.2 Transnet reserves the right to place purchase orders until the last day of the contract for services to

be effected, within the service period / lead time specified, beyond the expiry date of the contract

under the same terms and conditions as agreed upon.

1.3 The Respondent must state hereunder its annual holiday closedown period (if applicable) and whether

this period has been included in the lead times offered:

2 SERVICE LEVELS

2.1 An experienced account representative(s) is required to work with Transnet’s procurement department.

[No sales representatives are needed for individual department or locations]. Additionally, there shall

be a minimal number of people, fully informed and accountable for this agreement.

2.2 Transnet will have reviews with the Service provider’s account representative on an on-going basis.

2.3 Transnet reserves the right to request that any member of the Service provider’s team involved on the

Transnet account be replaced if deemed not to be adding value for Transnet.

2.4 The Service provider must provide a telephone number for customer service calls.

Compulsory Returnable

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2.5 Failure of the Service provider to comply with stated service level requirements will give Transnet the

right to cancel the contract in whole, without penalty to Transnet, giving 30 [thirty] calendar days’

notice to the Service provider of its intention to do so.

Acceptance of Service Levels:

YES NO

3 RISK

Respondents must elaborate on the control measures put in place by their entity, which would mitigate the

risk to Transnet pertaining to potential non-performance by a Service provider, in relation to:

3.1 Quality and Specification of Services delivered:

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

3.2 Continuity of the provision of service:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

3.3 Compliance with the Occupational Health and Safety Act, 85 of 1993:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

SIGNED at ___________________________ on this _____ day of __________________________ 2015

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SIGNATURE OF WITNESSES ADDRESS OF WITNESSES

1 ___________________________ _______________________________________

Name _______________________ _______________________________________

2 ___________________________ _______________________________________

Name _______________________ _______________________________________

SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ___________________________

NAME: ____________________________________________

DESIGNATION: _____________________________________

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Section 4 : PROPOSAL FORM AND LIST OF RETURNABLE DOCUMENTS

I/We__________________________________________________________________________________

[name of entity, company, close corporation or partnership] of [full address]

_____________________________________________________________________________________________

_________________________________________________________________________________________

carrying on business trading/operating as

___________________________________________________________________________________________

represented by__________________________________________________________________________

in my capacity as _____________________________________________________________________________

being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate of Partners, dated

_________________to enter into, sign execute and complete any documents relating to this proposal and any

subsequent Agreement. The following list of persons are hereby authorised to negotiate on behalf of the

abovementioned entity, should Transnet decide to enter into Post Tender Negotiations with shortlisted bidder(s).

FULL NAME(S) CAPACITY SIGNATURE

________________________________ ______________________________ ______________________

________________________________ ______________________________ ______________________

________________________________ ______________________________ ______________________

________________________________ ______________________________ ______________________

I/We hereby offer to supply the abovementioned Services at the prices quoted in the schedule of rates in accordance

with the terms set forth in the documents listed in the accompanying schedule of RFP documents.

I/We agree to be bound by those conditions in Transnet’s:

(i) Terms and Conditions of Contract - Services

(ii) General Bid Conditions – Services; and

(iii) any other standard or special conditions mentioned and/or embodied in this Request for Proposal.

I/We accept that unless Transnet should otherwise decide and so inform me/us in the letter of award/intent, this

Proposal [and, if any, its covering letter and any subsequent exchange of correspondence], together with Transnet’s

acceptance thereof shall constitute a binding contract between Transnet and me/us.

Should Transnet decide that a formal contract should be signed and so inform me/us in a letter of intent [the Letter

of Intent], this Proposal [and, if any, its covering letter and any subsequent exchange of correspondence] together

with Transnet’s Letter of Intent, shall constitute a binding contract between Transnet and me/us until the formal

contract is signed.

I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we fail to enter into

a formal contract if called upon to do so, or fail to commence the supply of Services within 4 [four] weeks thereafter,

Transnet may, without prejudice to any other legal remedy which it may have, recover from me/us any expense to

which it may have been put in calling for Proposals afresh and/or having to accept any less favourable Proposal.

Essential Returnable

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I/We accept that any contract resulting from this offer will be for a period of ………. years only.

Furthermore, I/we agree to a penalty clause/s to be negotiated with Transnet, which will allow Transnet to invoke a

penalty against us for non-compliance with material terms of this RFP including the delayed delivery of the Services

due to non-performance by ourselves.

ADDRESS FOR NOTICES

The law of the Republic of South Africa shall govern any contract created by the acceptance of this RFP. The

domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the Respondent

hereunder, at which all legal documents may be served on the Respondent who shall agree to submit to the

jurisdiction of the courts of the Republic of South Africa. Foreign Respondents shall, therefore, state hereunder the

name of their authorised representative in the Republic of South Africa who has the power of attorney to sign any

contract which may have to be entered into in the event of their Proposal being accepted and to act on their behalf

in all matters relating to such contract.

Respondent to indicate the details of its domicilium citandi et executandi hereunder:

Name of Entity: _____________________________________________________________________________

Facsimile: _____________________________________________________________________________

Address:

____________________________________________________________________________________________

____________________________________________________________________________________________

NOTIFICATION OF AWARD OF RFP

As soon as possible after approval to award the contract(s), the successful Respondent [the Service provider] will

be informed of the acceptance of its Proposal. Unsuccessful Respondents will be advised in writing as to why their

Proposals have been unsuccessful, for example, in the category of price, delivery period, quality, B-BBEE status or

for any other reason.

VALIDITY PERIOD

Transnet requires a validity period of 90 [ninety] Business Days [from closing date] against this RFP.

NAME(S) AND ADDRESS / ADDRESSES OF DIRECTOR(S) OR MEMBER(S)

The Respondent must disclose hereunder the full name(s) and address(s) of the director(s) or members of the

company or close corporation [C.C.] on whose behalf the RFP is submitted.

(i) Registration number of company / C.C. __________________________________________________

(ii) Registered name of company / C.C. _____________________________________________________

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(iii) Full name(s) of director/member(s) Address/Addresses ID Number(s)

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

____________________________________________________________________________________

RETURNABLE DOCUMENTS

All Sections, as indicated in the footer of each page, must be signed, stamped and dated by the Respondent.

Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below.

a) Compulsory Returnable Documents

Failure to provide all Compulsory Returnable Documents at the closing date and time of this

tender will result in a Respondent’s disqualification. Bidders are therefore urged to ensure that

all these documents are returned with their Proposals.

Please confirm submission of the Compulsory Returnable Documents detailed below by so indicating [Yes or

No] in the table below:

COMPULSORY RETURNABLE DOCUMENTS SUBMITTED

[Yes/No]

SECTION 3 & Annexure B : Pricing Schedule

SECTION 6 : Certificate of Attendance at Tender Clarification Meeting

ANNEXURE A : Technical Returnable

Annexure A1: Management and CV’s of Key Persons

Annexure A2: Previous Experience

b) Essential Returnable Documents

In addition to the requirements of section (a) above, Respondents are further required to submit with their

Proposals the following Essential Returnable Documents as detailed below.

Failure to provide all Essential Returnable Documents may result in a Respondent’s

disqualification at Transnet’s sole discretion. Bidders are therefore urged to ensure that all these

documents are returned with their Proposals.

Please confirm submission of these essential Returnable Documents by so indicating [Yes or No] in the table

below:

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CONTINUED VALIDITY OF RETURNABLE DOCUMENTS

The successful Respondent will be required to ensure the validity of all returnable documents, including but not

limited to its Tax Clearance Certificate and valid B-BBEE Verification Certificate, for the duration of any contract

emanating from this RFP. Should the Respondent be awarded the contract [the Agreement] and fail to present

Transnet with such renewals as and when they become due, Transnet shall be entitled, in addition to any other rights

and remedies that it may have in terms of the eventual Agreement, to terminate such Agreement forthwith without

any liability and without prejudice to any claims which Transnet may have for damages against the Respondent.

ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULES SUBMITTED

[Yes or No]

SECTION 4 : Proposal Form and List of Returnable documents

SECTION 5 : Supplier Declaration Form

- Original cancelled cheque or bank verification of banking details

- Certified copies of IDs of shareholder/directors/members [as applicable]

- Certified copy of Certificate of Incorporation [CM29/CM9 name change]

- Certified copy of share certificates [CK1/CK2 if CC]

- Entity’s letterhead

- Certified copy of valid VAT Registration Certificate

- Valid and original, or a certified copy, of your entity’s B-BBEE Accreditation Certification as per the requirements stipulated in the B-BBEE Claims Form Section 7. Note: failure to provide these required documents at the closing date and time of the RFP will result in an automatic score of zero being allocated for preference

- In the case of Joint Ventures, a copy of the Joint Venture Agreement or written confirmation of the intention to enter into a Joint Venture Agreement

- Attach proof of Registration on the National Central Supplier Database. Go to https://secure.csd.gov.za/Home/ to register.

- Original and valid Tax Clearance Certificate [Consortia / Joint Ventures must submit a separate Tax Clearance Certificate for each party]

- Letter of Good Standing with the Compensation Fund or with a licensed compensation insurer.

SECTION 7 : B-BBEE Preference Points Claim Form

SECTION 8 : Supplier Integrity Pact

SECTION 9 : POPI Act Consent

SECTION 10 : RFP Clarification Request Form

SECTION 11 : Non-Disclosure Agreement

SECTION 12 : Credit Check

SECTION 13 : B-BBEE Improvement Plan

SECTION 14 : Record of Addenda to Tender Documents

SECTION 15 : Certificate of Acquaintance with Tender Documents

SECTION 16 : Geographical Footprint

SECTION 17 : Declaration of Understanding - Company Response Time

https://secure.csd.gov.za/Home/

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By signing this certificate the Respondent is deemed to acknowledge that he/she has made

himself/herself thoroughly familiar with, and agrees with all the conditions governing this RFP,

including those contained in any printed form stated to form part hereof, including but not limited to

the documents stated below and Transnet SOC Ltd will recognise no claim for relief based on an

allegation that the Respondent overlooked any such condition or failed properly to take it into account

for the purpose of calculating tendered prices or otherwise.

Bidders furthermore agree that Transnet SOC Ltd shall recognise no claim from them for relief based on an allegation

that they have overlooked any RFP/contract condition or failed to take it into account for the purpose of calculating

their offered prices or otherwise.

Bidders accept that an obligation rests on them to clarify any uncertainties regarding any bid which they intend to

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

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

The bidder understands that his/her Bid will be disqualified if the Certificate of Acquaintance with RFP documents

included in the RFP as a returnable document, is found not to be true and complete in every respect.

1 General Bid Conditions – Appendix (i)

2 Terms and Conditions of Contract for the supply of Services to Transnet – Appendix (ii)

3 Supplier Integrity Pact – Section 8

4 Non-disclosure Agreement – Section 11

5 Scope of Services included in this RFP

6 Supplier Development Initiatives included in this RFP – Section 13

7 Supplier Declaration Form – Section 5 and all supporting documents (first time vendors only)

Alternatively, for all existing vendors, please provide vendor number(s) here:

Transnet Operating Division Unique Vendor Number Yes / No

Transnet Group

TFR, etc.

In the Yes/No column above, please confirm that all the information e.g. company address and contact

details, banking details etc. are still correct as at the time of allocation of the vendor number(s).

SIGNED at ___________________________ on this _____ day of __________________________ 2015

SIGNATURE OF WITNESSES ADDRESS OF WITNESSES

1 _____________________________ _______________________________________

Name _________________________ _______________________________________

2 _____________________________ _______________________________________

Name _________________________ _______________________________________

SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ____________________________________

NAME: ____________________________________________

DESIGNATION: _____________________________________

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Section 5: Transnet Supplier Declaration Form

SUPPLIER DECLARATION FORM

Transnet Vendor Management has received a request to load / change your company details onto the Transnet vendor master database. Please return the completed Supplier Declaration Form (SDF) together

with the required supporting documents as per Appendix A to the Transnet Official who is intending to procure your company’s services / products, to enable us to process this request. Please only submit the

documentation relevant to your request.

Please Note: all organisations, institutions and individuals who wish to provide goods and/or services to

organs of the State must be registered on the National Treasury’s Central Supplier Database (CSD). This needs to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.

General Terms and Conditions:

Please Note: Failure to submit the relevant documentation will delay the vendor creation / change process.

Where applicable, the respective Transnet Operating Division processing your application may request further or additional information from your company.

The Service Provider warrants that the details of its bank account (“the nominated account”)

provided herein, are correct and acknowledges that payments due to the Supplier will be made into the nominated account. If details of the nominated account should change, the Service Provider must notify

Transnet in writing of such change, failing which any payments made by Transnet into the nominated

account will constitute a full discharge of the indebtedness of Transnet to the Supplier in respect of the payment so made. Transnet will incur no liability for any payments made to the incorrect account or any

costs associated therewith. In such an event, the Service Provider indemnifies and holds Transnet harmless in respect of any payments made to an incorrect bank account and will, on demand, pay

Transnet any costs associated herewith.

Transnet expects its suppliers to timeously renew their Tax Clearance and B-BBEE certificates (Large

Enterprises and QSEs less than 51% black owned) as well as sworn affidavits in the case of EMEs and QSEs with more than 51% black ownership as per Appendices C and D.

In addition, please note of the following very important information:

1. If your annual turnover is R10 million or less, then in terms of the DTI Generic Codes of Good Practice, you are classified as an Exempted Micro Enterprise (EME). If your company is classified as an

EME, please include in your submission a sworn affidavit confirming your company’s most recent annual turnover is less than R10 million and percentage of black ownership and black female ownership in the

company (Appendix C) OR B-BBEE certificate issued by a verification agency accredited by SANAS in terms

of the EME scorecard should you feel you will be able to attain a better B-BBEE score. It is only in this context that an EME may submit a B-BBEE verification certificate.

2. If your annual turnover is between R10 million and R50 million, then in terms of the DTI

codes, you are classified as a Qualifying Small Enterprise (QSE). A QSE which is at least 51% black owned, is required to submit a sworn affidavit confirming their annual total revenue of between R10 million and

R50 million and level of black ownership (Appendix D). O QSE ‘that does not qualify for 51% of black ownership, are required to submit a B-BBEE verification certificate issued by a verification agency



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accredited by SANAS their QSEs are required to submit a B-BBEE verification certificate issued by a verification agency accredited by SANAS.

Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency (e.g. SANAS Member).

3. If your annual turnover exceeds R50 million, then in terms of the DTI codes, you are classified

as a Large Enterprise. Large Enterprises are required to submit a B-BBEE level verification certificate

issued by a verification agency accredited by SANAS.

Please Note: B-BBEE certificate and detailed scorecard should be obtained from an accredited rating agency (e.g. SANAS Member).

4. The supplier to furnish proof to the procurement department as required in the Fourth

Schedule of the Income Tax Act. 58 of 1962 whether a supplier of service is to be classified as an

“employee”, “personal service provider” or “labour broker”. Failure to do so will result in the supplier being subject to employee’s tax.

5. No payments can be made to a vendor until the vendor has been registered / updated, and no

vendor can be registered / updated until the vendor application form, together with its supporting

documentation, has been received and processed. No payments can be made to a vendor until the vendor has met / comply with the procurement requirements.

6. It is in line with PPPFA Regulations, only valid B-BBBEE status level certificate issued by an

unauthorised body or person OR a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice,

OR any other requirement prescribed in terms of the Broad- Based Black Economic Empowerment Act.

7. As per the communique dated 04 March 2016 addressed to the Members of the IRBA, as of 30 September 2016, the IRBA will no longer be the 'Approved Regulatory Body' as per Code

Series 000, Statement 005 of the Codes of Good Practice. Any entity that seeks to apply for B-BBEE Accreditation to issue B-BBEE Verification Certificates post 30 September 2016 or wishes to

participate in the B-BBEE Verification Industry must thus follow the Code Series 000, Statement

005, Section 5 of the Codes of Good Practice application process to the Accreditation Body (SANAS).'

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APPENDIX A

Supplier Declaration Form

Important Notice: all organisations, institutions and individuals who wish to provide goods and/or services to organs of the

State must be registered on the National Treasury Central Supplier Database (CSD). This needs to be done via their portal at https://secure.csd.gov.za/ before applying to Transnet.

CSD Number (MAAA xxxxxxx):

Company Trading Name

Company Registered Name

Company Registration No Or ID No If a Sole Proprietor

Company Income Tax Number

Form of Entity

CC Trust Pty Ltd Limited Partnership Sole Proprietor

Non-profit (NPO’s or

NPC)

Personal Liability Co

State Owned Co

National Govt Provincial Govt Local Govt

Educational Institution

Specialised Profession

Financial Institution

Joint Venture Foreign

International Foreign Branch Office

Did your company previously operate under another name? Yes No

If YES state the previous details below:

Trading Name

Registered Name

Company Registration No Or ID No If a Sole Proprietor

Form of Entity

CC Trust Pty Ltd Limited Partnership Sole Proprietor

Non-profit (NPO’s or

NPC)

Personal Liability Co

State Owned Co

National Govt Provincial Govt Local Govt

Educational Institution

Specialised Profession

Financial Institution

Joint Venture Foreign

International Foreign Branch Office

Your Current Company’s VAT Registration Status

VAT Registration Number

If Exempted from VAT registration,

state reason and submit proof from SARS in confirming the exemption status

If your business entity is not VAT Registered, please submit a current original sworn affidavit (see example in Appendix I). Your Non VAT Registration must be confirmed annually.

Company Banking Details Bank Name

Universal Branch Code Bank Account Number

Company Physical Address

Code

Company Postal Address

Code

Company Telephone number

Company Fax Number

Company E-Mail Address

Company Website Address

Company Contact Person Name

Designation


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Telephone

Email

Is your company a Labour Broker? Yes No

Main Product / Service Supplied e.g. Stationery / Consulting / Labour etc.

How many personnel does the business employ? Full Time Part Time

Please Note: Should your business employ more than 2 full time employees who are not connected persons as defined in the Income Tax Act, please submit a sworn affidavit, as per Appendix II.

Most recent Financial Year’s Annual Turnover <R10Million >R10Million <R50Million

>R50Million

Does your company have a valid B-BBEE certificate? Yes No

Please indicate your Broad Based BEE status (Level 1 to 9)

1

2

3

4

5

6

7

8

9

Majority Race of Ownership

% Black Ownership % Black Women

Ownership

% Black Disabled person(s) Ownership

% Black Youth

Ownership

% White Ownership % Indian Ownership % Coloured Ownership

Please Note: Please provide proof of B-BBEE status as per Appendix C. If you qualify as an EME or QSE then provide an affidavit following the templates provided in Appendix C and D respectively. If you have indicated Black Disabled person(s) ownership, then provide a certified letter signed by a physician, on the physician’s letterhead, confirming the disability. A

certified South African Identification Document will be required for all Black Youth Ownership.

Supplier Development Information Required EMPOWERING SUPPLIER

YES NO

FIRST TIME SUPPLIER

YES NO

SUPPLIER DEVELOPMENT PLAN

YES NO

DEVELOPMENT PLAN DOCUMENT

* If Yes- Attach supporting documents

ENTERPRISE DEVELOPMENT BENEFICIARY

YES NO

SUPPLIER DEVELOPMENT BENEFICIARY

YES NO

GRADUATION FROM ED TO SD BENEFICIARY

YES NO

ENTERPRISE DEVELOPMENT RECIPIENT

YES NO

By signing below, I hereby verify that I am duly authorised to sign for and on behalf of firm / organisation and that all information contained herein and attached herewith are true and correct

Name and Surname Designation

Signature

Date

Stamp And Signature Of Commissioner Of Oaths

Name and Surname Date

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APPENDIX B

Affidavit or Solemn Declaration as to VAT registration status

Affidavit or Solemn Declaration

I, solemnly

swear/declare that is not

a registered VAT vendor and is not required to register as a VAT vendor because the combined

value of taxable supplies made by the provider in any 12 month period has not exceeded or is

not expected to exceed R1million threshold, as required in terms of the Value Added Tax Act.

Signature:

Designation:

Date:

Commissioner of Oaths

Thus signed and sworn to before me at on this the

day of 20 ,

the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and that he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her conscience and that the allegations herein contained are all true and correct.

Commissioner of Oaths

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APPENDIX C SWORN AFFIDAVIT – B-BBEE EXEMPTED MICRO ENTERPRISE

I, the undersigned, ___________________________________________

Full name & Surname

Identity number

Hereby declare under oath as follows: 1. The contents of this statement are to the best of my knowledge a true reflection of the facts. 2. I am a Member / Director / Owner of the following enterprise and am duly authorized to act on

its behalf:

Enterprise Name:

Trading Name (If Applicable):

Registration Number:

Enterprise Physical Address:

Type of Entity (CC, (Pty) Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black People”

As per the Broad-Based Black Economic Empowerment Act 53 of 2003 as Amended by Act No 46 of 2013 “Black People” is a generic term which means Africans, Coloureds and Indians – (a) Who are citizens of the Republic of South Africa by birth or descent; or (b) Who became citizens of the Republic of South Africa by naturalization- i. Before 27 April 1994; or ii. On or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalization prior to that date

3. I hereby declare under Oath that:

The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the

Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as

Amended by Act No 46 of 2013;

The Enterprise is ______________% Black Woman Owned as per Amended Code Series 100

of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of

2003 as Amended by Act No 46 of 2013;

The enterprise is ______________%Black youth owned; as per Amended Code Series 100



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The enterprise is ______________% black disabled owned; as per Amended Code Series

100 of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of


The enterprise is ______________% by Black people living in rural and under developed

areas as per Amended Code Series 100 of the Amended Codes of Good Practice issued under

section 9 (1) of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of 2013;

The enterprise is ______________% by military veterans as per Amended Code Series 100



Based on the management accounts and other information available for the _______ financial year, the income did not exceed R10, 000,000.00 (ten million rand).

Please confirm on the table below the B-BBEE level contributor, by ticking the applicable box. 100% black owned Level One (135% B-BBEE procurement recognition)

More than 51% black owned

Level Two (125% B-BBEE procurement recognition)

Less than 51% black owned

Level Four (100% B-BBEE procurement recognition)

4. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider the oath binding on my conscience and on the Owners of the Enterprise which I represent in this matter. 5. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner. Deponent Signature ………………………………………………. Date ……………………………………………….. Commissioner of Oaths ……………………………………………. Name & Surname Signature & Stamp

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APPENDIX D

SWORN AFFIDAVIT – QUALIFYING SMALL ENTERPRISE - GENERAL I, the undersigned, ___________________________________________

Full name & Surname

Identity number

Hereby declare under oath as follows: 1. The contents of this statement are to the best of my knowledge a true reflection of the facts. 2. I am a Member / Director / Owner of the following enterprise and am duly authorized to act on

its behalf:

Enterprise Name:

Trading Name (If Applicable):

Registration Number:

Enterprise Physical Address:

Type of Entity (CC, (Pty) Ltd, Sole Prop etc.):

Nature of Business:

Definition of “Black People”

As per the Broad-Based Black Economic Empowerment Act 53 of 2003 as Amended by Act No 46 of 2013 “Black People” is a generic term which means Africans, Coloureds and Indians – (a) Who are citizens of the Republic of South Africa by birth or descent; or (b) Who became citizens of the Republic of South Africa by naturalization- i. Before 27 April 1994; or ii. On or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalization prior to that date

3. I hereby declare under Oath that:

The Enterprise is ______________% Black Owned as per Amended Code Series 100 of the

Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of 2003 as

Amended by Act No 46 of 2013,

The Enterprise is ______________% Black Woman Owned as per Amended Code Series 100


2003 as Amended by Act No 46 of 2013,

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The enterprise is ______________% Black Youth owned; as per Amended Code Series 100



The enterprise is ______________% black disabled owned; as per Amended Code Series

100 of the Amended Codes of Good Practice issued under section 9 (1) of B-BBEE Act No 53 of


The enterprise is ______________% by Black people living in rural and under developed

areas as per Amended Code Series 100 of the Amended Codes of Good Practice issued under

section 9 (1) of B-BBEE Act No 53 of 2003 as Amended by Act No 46 of 2013,

The enterprise is ______________% by military veterans as per Amended Code Series 100



Based on the Financial Statements/Management Accounts and other information available on the latest financial year-end of _________________, the annual Total Revenue was between R10,000,000.00 (Ten Million Rands) and R50,000,000.00 (Fifty Million Rands),

Please Confirm on the below table the B-BBEE Level Contributor, by ticking the applicable box.

100% Black Owned

Level One (135% B-BBEE procurement recognition level)

At least 51% Black Owned

Level Two (125% B-BBEE procurement recognition level)

4. I know and understand the contents of this affidavit and I have no objection to take the prescribed oath and consider the oath binding on my conscience and on the Owners of the Enterprise which I represent in this matter. 5. The sworn affidavit will be valid for a period of 12 months from the date signed by commissioner. Deponent Signature ………………………………………………. Date ……………………………………………….. Commissioner of Oaths …………………………………………….. Name and Surname Signature & Stamp

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Section 6 : Certificate of Attendance at Tender Clarification Meeting

This is to certify that

(Tenderer)

of (address)

was represented by the person(s) named below at the compulsory tender clarification meeting

Held at:

On (date)

As the tenderer we undertake that by said persons attending the clarification meeting we have made it our business to

familiarise ourselves with all aspects of the works / service / supply specified in the tender documents in order for us to take

account of everything necessary to provide a responsive tender offer and to compile our rates and prices included in the

tender offer.

We further understand that in addition to any queries raised on behalf of us at the meeting we may still approach the

Employer Representative to request clarification of the tender documents until no later than 15h00 on Tuesday , 07

May 2019 as stated in the Tender Data.

Particulars of person(s) attending the meeting:

Name Signature

Capacity

Name Signature

Capacity

Attendance of the above persons at the meeting was confirmed by the procuring organisation’s representative as follows:

Name

Signature

Capacity

Date & time

Compulsory Returnable

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Section 7 : B-BBEE 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.

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE

PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

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 OF CONTRIBUTION 20

Total points for Price and B-BBEE must not

exceed

100

1.5 Failure on the part of a bidder to submit a B-BBEE Verification 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 case of all EMEs and QSEs with 51% black ownership or more together with the bid, will be interpreted

to mean that preference points for B-BBEE status level of contribution are not claimed. Certificates issued by a

Registered Auditor approved by the Independent Board of Auditors [IRBA] to Large Enterprises or QSEs with less

than 51% black ownership have been discontinued but such valid certificates that were issued before 1 January

2017 may be used until they phase out completely by December 2017.

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

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

2. DEFINITIONS

(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;


RFP No. PYP/W1/6/21/1810



(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 provision of services, works or goods, through price quotations, advertised competitive bidding

processes or proposals;

(e) “Black designated group” has meaning assigned to it in codes of good practice issued in terms of section

9(1) of the Broad-Based Black Economic Empowerment Act.

(f) “Black People” meaning assigned to in Section 1 of Broad-Based Black Economic Empowerment Act.

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

Empowerment Act, 2003 (Act No. 53 of 2003);

(h) “CIPC” means the Companies and Intellectual Property Commission, formerly known as CIPRO, the

Companies and Intellectual Property Registration Office.

(i) “comparative price” means the price after the factors of a non-firm price and all unconditional discounts

that can be utilized have been taken into consideration;

(j) “consortium or joint venture” 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;

(k) “contract” means the agreement that results from the acceptance of a bid by an organ of state;

(l) co-operative” means a co-operative registered in terms of section 7 of Cooperatives Act, 2005 (Act No. 14

of 2005);

(m) “Designated Group” means - i) Black designated groups; ii) Black People; iii) Women; iv) people with

disabilities or v) Small enterprise, as defined in Section 1 of National Small Enterprise Act, (102 of 1996);

(n) “Designated Sector” means, sub-sector or industry or product designated in terms of regulation 8(1)(a);

(o) “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);

(p) “firm price” means the price that is only subject to adjustments in accordance with the actual increase or

decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty,

levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an

influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

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

set out in the bid documents;

(r) “Military Veteran” has meaning assigned to it in Section 1 of Military Veterans Act, 2011 (Act No. 18 of

2011);

(s) “National Treasury” has meaning assigned to it in Section 1 of Public Finance Management Act, 1999 (Act

No. 1 of 1999);

(t) “non-firm prices” means all prices other than “firm” prices;

(u) “person” includes a juristic person;

(v) “People with disabilities” meaning assigned to it in terms of Section 1 of Employment Equity Act, 1998

(Act No. 55of 1998)

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

(x) “Proof of B-BBEE Status Level of Contributor” i) the B-BBBEE status level certificate issued by an

unauthorised 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 Broad- Based Black Economic Empowerment Act.

RFP No. PYP/W1/6/21/1810



(y) “Rural Area” i) a sparsely populated area in which people farm or depend on natural resources, including

villages and small towns that are dispersed through the area; or ii) an area including a large settlement which

depends on migratory labour and remittances and government social grants for survival, and may have

traditional land tenure system.

(z) “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);

(aa) “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;

(bb) “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another

person to support such primary contractor in the execution of part of a project in terms of the contract;

(cc) “total revenue” bears the same meaning assigned to this expression 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 and promulgated in the Government Gazette on 9 February 2007;

(dd) “Township” means an urban living area that any time from the late 19th century until 27 April 1994, was

reserved for black people, including areas developed for historically disadvantaged individuals post 27 April

1994;

(ee) “Treasury” meaning assigned to it in Section 1 of the Public Finance Management Act, 1999 (Act No. 1 of

1999);

(ff) “trust” means the arrangement through which the property of one person is made over or bequeathed to a

trustee to administer such property for the benefit of another person;

(gg) “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for

such property to be administered for the benefit of another person; and

(hh) “Youth” meaning assigned to it in terms of Section 1 of National youth Development Agency Act, 2008 (Act

No. 54 of 2008).

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all

factors of non-firm prices and all unconditional discounts.

3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one scoring the

highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points

including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for

functionality.

3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

RFP No. PYP/W1/6/21/1810



80/20 or 90/10

min

min180

P

PPtPs or

min

min190

P

PPtPs

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

5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION

5.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be

awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of

Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

5.2 A bidder who qualifies as an EME in terms of the B-BBEE Act must submit a sworn affidavit confirming Annual

Total Revenue and Level of Black Ownership. Furthermore EMEs may also obtain a sworn affidavit from CIPC

(formerly CIPRO) Self Service Terminals when registering a business or filing annual returns. In these instances

Transnet would require proof of turnover as well as proof of ownership. 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.

5.3 QSEs that are at least 51% Black owned or higher are only required to obtain a sworn affidavit on an annual

basis confirming that the entity has an Annual Total Revenue of R50 million or less and the entity’s Level of Black

ownership.

5.4 A Bidder other than EME or a QSE that is at least 51% Black owned must submit their original and valid B-BBEE

status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a

Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.5 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.

5.6 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.

5.7 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

http://www.dti.gov.za/economic_empowerment/bee_codes.jsp

RFP No. PYP/W1/6/21/1810



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.

5.8 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.

5.9 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.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 5.1

7.1 B-BBEE Status Level of Contribution: . = ………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and

must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or

a Registered Auditor approved by IRBA or a sworn affidavit.

8. SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

8.1.1 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.

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential

Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by: EME √ QSE √

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE

RFP No. PYP/W1/6/21/1810



9. DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm:…………………………………………………………………………….

9.2 VAT registration number:……………………………………….…………………………………

9.3 Company registration number:…………….……………………….…………………………….

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

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

[TICK APPLICABLE BOX]

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

9.8 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 paragraph 7 of the foregoing

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

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of

this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the

contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims

are correct;

iv) If a bidder submitted false information regarding its B-BBEE status level of contributor, local production and

content, or any other matter required in terms of the Preferential Procurement Regulations, 2017 which will

affect or has affected the evaluation of a bid, or where a bidder has failed to declare any subcontracting

arrangements or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to

any other remedy it may have

(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;

RFP No. PYP/W1/6/21/1810



(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.

……………………………………….

SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES

1. ……………………………………..

2. …………………………………….

RFP No. PYP/W1/6/21/1810



Section 8: SUPPLIER INTEGRITY PACT

PREAMBLE

Transnet values full compliance with all relevant laws and regulations, ethical standards and the principles of economical

use of resources, fairness and transparency in its relations with its Bidders / Suppliers.

In order to achieve these goals, Transnet and the Bidder / Supplier hereby enter into this agreement hereinafter referred to

as the “Integrity Pact” which will form part of the Bidder’s / Supplier’s application for registration with Transnet as a vendor.

The general purpose of this Integrity Pact is to agree on avoiding all forms of dishonesty, fraud and corruption by following

a system that is fair, transparent and free from any undue influence prior to, during and subsequent to the currency of any

procurement and / or reverse logistics event and any further contract to be entered into between the Parties, relating to

such event.

All Bidders / Suppliers will be required to sign and comply with undertakings contained in this Integrity Pact, should they

want to be registered as a Transnet vendor.

1. Objectives

Transnet and the Bidder / Supplier 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:

1.1 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

1.2 Enable Bidders / Suppliers 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 Bidder,

either for themselves or for any person, organisation or third party related to the contract in exchange for an

advantage in the bidding process, bid evaluation, contracting or implementation process related to any contract.

2.2 Transnet will, during the registration and bidding process treat all Bidders / Suppliers with equity, transparency

and fairness. Transnet will in particular, before and during the registration process, provide to all Bidders /

Suppliers the same information and will not provide to any Bidders / Suppliers confidential / additional

information through which the Bidders / Suppliers could obtain an advantage in relation to any bidding process.

2.3 Transnet further confirms that its employees will not favour any prospective bidder in any form that could afford

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

participating in the bidding process.

2.4 Transnet will exclude from the bidding process such employees who have any personal interest in the Bidders /

Suppliers participating in the bidding process.


RFP No. PYP/W1/6/21/1810



3. Obligations of the Bidder / Supplier

3.1 The Bidder / Supplier commits itself to take all measures necessary to prevent corrupt practices, unfair means

and illegal activities during any stage of its bid or during any ensuing contract stage in order to secure the

contract or in furtherance to secure it and in particular the Bidder / Supplier commits to the following:

3.1.1 The Bidder / Supplier will not, directly or through any other person or firm, offer, promise or give to Transnet or to

any of Transnet’s employees involved in the bidding process or to any third person any material or other benefit or

payment, in order to obtain in exchange an advantage during the bidding process.

3.1.2 The Bidder / Supplier will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour,

any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any employee

of Transnet, connected directly or indirectly with the bidding process, or to any person, organisation or third party

related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation

of the contract.

3.1.3 The acceptance and giving of gifts may be permitted provided that:

a) the gift does not exceed R1000 (One Thousand Rand) in retail value;

b) a Bidder / Supplier does not give a Transnet employee more than 2 (two) gifts within a 12 (twelve) month

period, irrespective of value;

c) a Bidder / Supplier does not accept more than 1 (one) gift in excess of R1000 (One Thousand Rand) from a

Transnet employee within a 12 (twelve) month period, irrespective of value;

d) a Bidder / Supplier may under no circumstances, accept from or give to, a Transnet employee any gift,

business courtesy, including an invitation to a business meal and /or drinks, or hospitality package, irrespective

of value, during any bid evaluation process, including a period of 12 (twelve) months after such tender has

been awarded, as it may be perceived as undue and improper influence on the evaluation process or reward

for the contract that has been awarded; and

e) a Bidder / Supplier may not offer gifts, goods or services to a Transnet employee at artificially low prices,

which are not available to the public at those prices.

3.1.4 The Bidder / Supplier will not collude with other parties interested in the contract to preclude a competitive bid

price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the contract. The Bidder / Supplier further commits itself to delivering against all agreed upon

conditions as stipulated within the contract.

3.1.5 The Bidder / Supplier will not enter into any illegal or dishonest agreement or understanding, whether formal or

informal with other Bidders / Suppliers. This applies in particular to certifications, submissions or non-submission

of documents or actions that are restrictive or to introduce cartels into the bidding process.

3.1.6 The Bidder / Supplier will not commit any criminal offence under the relevant anti-corruption laws of South Africa

or any other country. Furthermore, the Bidder /Supplier will not use for illegitimate purposes or for restrictive

purposes or personal gain, or pass on to others, any information provided by Transnet as part of the business

relationship, regarding plans, technical proposals and business details, including information contained or

transmitted electronically.

3.1.7 A Bidder / Supplier 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 bidding process. Similarly, the Bidder / Supplier

of South African nationality shall furnish the name and address of the foreign principals, if any, involved directly or

indirectly in the registration or bidding process.

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3.1.8 The Bidder / Supplier will not misrepresent facts or furnish false or forged documents or information in order to

influence the bidding process to the advantage of the Bidder / Supplier or detriment of Transnet or other

competitors.

3.1.9 The Bidder / Supplier shall furnish Transnet with a copy of its code of conduct, which code of conduct shall reject

the use of bribes and other dishonest and unethical conduct, as well as compliance programme for the

implementation of the code of conduct.

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

offences.

4 Disqualification from Bidding Process

4.1 If the Bidder / Supplier 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 Bidder / Supplier into question, Transnet may reject

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

its database, if already registered.

4.2 If the Bidder / Supplier 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 Bidder / Supplier from future bidding processes. The imposition and duration of the

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

circumstances of the case, which will include amongst others the number of transgressions, the position of the

transgressors within the company hierarchy of the Bidder / Supplier and the amount of the damage. The exclusion

will be imposed for up to a maximum of 10 (ten) years. However, Transnet reserves the right to impose a longer

period of exclusion, depending on the gravity of the misconduct.

4.3 If the Bidder / Supplier 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.

5 Grounds for Blacklisting

5.1 A Bidder / Supplier may be blacklisted where it has submitted a bid, or concluded a contract in the capacity of

agent or subcontractor or has been associated with such a Bid or contract and the Bidder / Supplier has:

a) withdrawn such Bid after the advertised closing date and time for the receipt of Bids;

b) after being notified of the acceptance of its Bid, failed or refused to sign a contract when called upon to do

so in terms of any condition forming a part of the bid documents;

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

of the contract;

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

e) 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) made any incorrect statement in a certificate or other communication with regard to the Local Content of its

Goods or its B-BBEE status and is unable to prove to the satisfaction of Transnet that:

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

RFP No. PYP/W1/6/21/1810



(ii) before making such statement it took all reasonable steps to satisfy itself of its correctness.

g) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements and such costs

could not be recovered from the contractor; and

h) litigated against Transnet in bad faith.

5.2 As soon as Transnet detects misconduct by a Bidder / Supplier falling within one of the grounds for blacklisting, the

matter must immediately be reported to the Procurement Division. The Procurement Division will review the

motivation for blacklisting. If possible grounds for blacklisting exist; a forensic audit may be conducted to establish

whether the grounds for blacklisting are valid.

5.3 Should the forensic report establish that possible grounds for blacklisting exist; the matter will be referred to the

Transnet Legal Department for further action. The Transnet Legal Department will inform the Bidder / Supplier, its

directors and all associate entities by registered mail of the intention to blacklist. The letter will also indicate

whether Transnet intends to cancel any existing contracts with the Bidder / Supplier.

5.4 The Bidder / Supplier will be afforded a period of 14 (fourteen) working days within which to make representation

as to why they should not be blacklisted or why existing contracts should not be cancelled. After the 14 (fourteen)

day period, the Transnet Legal Department will consider and deal with the responses (if any) from the Bidder /

Supplier.

6 Previous Transgressions

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

including but not limited to, corruption, fraud, theft, extortion and contraventions of the Competition Act 89 of

1998, which occurred in the last 5 (five) years with any other public sector undertaking, government department

or private sector company that could justify its exclusion from its registration on the Bidder’s / Supplier’s database

or any bidding process.

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

be rejected from the registration process or removed from the Bidder / Supplier database, if already registered, for

such reason (refer Annexure “A”).

7 Sanctions for Violations

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

7.1 Immediately exclude the Bidder / Supplier from the bidding process or call off the pre-contract negotiations without

giving any compensation the Bidder / Supplier. However, the proceedings with the other Bidders / Suppliers may

continue.

7.2 Immediately cancel the contract, if already awarded or signed, without giving any compensation to the Bidder /

Supplier.

7.3 Recover all sums already paid by Transnet.

7.4 Encash the advance bank guarantee and performance bond or warranty bond, if furnished by the Bidder / Supplier,

in order to recover the payments, already made by Transnet, along with interest.

7.5 Cancel all or any other contracts with the Bidder / Supplier.

7.6 Exclude the Bidder / Supplier from entering into any bid with Transnet in future.

RFP No. PYP/W1/6/21/1810



8 Conflicts of Interest

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

8.1.1 A Transnet employee has a personal financial interest in a bidding / supplying entity;

8.1.2 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;

8.1.3 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 bid committee member or any person involved in the sourcing process must be

declared in a prescribed form.

8.2 If a Bidder / Supplier 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 bid which will be considered for the bid process, the Bidder /

Supplier:

a) must disclose the interest and its general nature, in the Request for Proposal (“RFX”) declaration form; or

b) must notify Transnet immediately in writing once the circumstances has arisen.

8.3 The Bidder / Supplier 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

Bidder / Supplier.

9 Monitoring

9.1 Transnet will be responsible for appointing an independent Monitor to:

a) Conduct random monitoring of compliance to the provisions of this Integrity Pact for contracts entered into

between Transnet and the Bidder / Supplier for less than R100,000.000 (one hundred million Rand) in value;

b) Monitor compliance to the provisions of this Integrity Pact for contracts entered into between Transnet and

the Bidder / Supplier for greater than R100,000.000 (one hundred million Rand) in value; and

c) Investigate any allegation of violation of any provisions of this Integrity Pact for contracts entered into between

Transnet and the Bidder / Supplier, irrespective of value.

9.2 The Monitor will be subjected to Transnet’s Terms of Conditions of Contract for the Provision of Services to Transnet,

as well as to Transnet’s Supplier Code of Conduct.

10 Examination of Financial Records, Documentation and/or Electronic Data

10.1 For the purpose of Monitoring, as stipulated above, the Monitor shall be entitled to:

RFP No. PYP/W1/6/21/1810



a) Examine the financial records, documentation and or electronic date of the Bidder / Supplier / Transnet. The

Bidder / Supplier / Transnet shall provide all requested information / documentation / data to the Monitor and

shall extend all help possible for the purpose of such examination.

11 Dispute Resolution

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

dispute arises between Transnet and its Bidder / Supplier, the parties should use their best endeavours to resolve

the dispute in an amicable manner, whenever possible. Litigation in bad faith negates the principles of trust and

good faith on which commercial relationships are based. Accordingly, Transnet will not do business with a company

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

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

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

grounds;

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

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

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

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

during a bid process.

12 General

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

12.2 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.

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

unless cancelled by either Party.

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

remains valid.

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

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

employee or alternatively by using Transnet’s “Tip-Off Anonymous” hotline number 0800 003 056, whereby your

confidentiality is guaranteed.

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

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

SIGNED ON BEHALF OF EACH PARTY AS FOLLOWS:

TRANSNET

Signed at: _________________________________ on _________________2019

Signature: _________________________________________________ (duly authorised)

Full name and surname: ____________________________________________________

RFP No. PYP/W1/6/21/1810



Position: _________________________________________________________________

BIDDER / SERVICE PROVIDER

Signed at: _______________________________ on ____________________2019

Signature: _________________________________________________ (duly authorised)

Full name and surname: ____________________________________________________

Position: _________________________________________________________________

Annexure A

PREVIOUS TRANSGRESSIONS / BREACH OF LAW

FOR A PERIOD OF: _________________

NAME OF ENTITY: _________________________________________________________

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 Respondent 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 Respondent from the bidding

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

SIGNED at_____________________ on this____ day of__________________20__

RFP No. PYP/W1/6/21/1810



Section 9 – PROTECTION OF PERSONAL INFORMATION ACT CONSENT

I the duly authorised undersigned person of ________________________________hereby grant the

(the bidding entity)

required consent in terms of the Protection of Personal Information (POPI) Act, 2013 (Act No. 4 of 2013) to Transnet

Pipelines (a division of Transnet SOC Limited) for the use of personal information relating to the company, its owner(s),

employees and/or any associated persons (where applicable) for the legitimate purposes relating to this tender submission.

Signed

Date

Name

Position

Tenderer

RFP No. PYP/W1/6/21/1810



Section 10: RFP CLARIFICATION REQUEST FORM

RFP No: PYP/W1/6/21/1810

RFP deadline for questions / RFP Clarifications: Before 15:00 on Tuesday, 07 May 2019

TO: Transnet SOC Ltd

ATTENTION: Procurement Officer, Transnet Pipelines

EMAIL [email protected]

DATE: _____________________________________________

FROM: _____________________________________________

_____________________________________________

RFP Clarification No [to be inserted by Transnet] ………

REQUEST FOR RFP CLARIFICATION

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________



RFP No. PYP/W1/6/21/1810



Section 11: NON DISCLOSURE AGREEMENT -SERVICES

THIS AGREEMENT is made between

Transnet SOC Ltd [Transnet] [Registration No. 1990/000900/30]

whose registered office is at 49th Floor, Carlton Centre, 150 Commissioner Street, Johannesburg 2001,

and

the Company as indicated in the RFP bid response hereto

WHEREAS

Transnet and the Company wish to exchange Information [as defined below] and it is envisaged that each party may from

time to time receive Information relating to the other in respect thereof. In consideration of each party making available to

the other such Information, the parties jointly agree that any dealings between them shall be subject to the terms and

conditions of this Agreement which themselves will be subject to the parameters of the Bid Document.

IT IS HEREBY AGREED

1. INTERPRETATION

In this Agreement:

1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or sub-contractors, or

any Group member;

1.2 Bid or Bid Document 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:

a) 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

b) 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

c) 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;


RFP No. PYP/W1/6/21/1810



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 Bid or for the subsequent performance of any contract

between the parties in relation to the Bid.

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

a) 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

b) 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 b) above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing Party

regarding the form, nature, content and purpose of such disclosure or any action which the Disclosing Party

may reasonably take to challenge the validity of such requirement.

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

under this Agreement then, upon becoming aware of the same, without prejudice to any rights or remedies

of the Disclosing Party, the Receiving Party shall as soon as practicable notify the Disclosing Party of such

event and if requested take such steps [including the institution of legal proceedings] as shall be necessary

to remedy [if capable of remedy] the default and/or to prevent further unauthorised copying, disclosure or

use.

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

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

whatsoever, beyond those contained in this Agreement.

3. RECORDS AND RETURN OF INFORMATION

3.1 The Receiving Party agrees to ensure proper and secure storage of all Information and any copies thereof.

RFP No. PYP/W1/6/21/1810



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:

a) return all written Confidential Information [including all copies]; and

b) 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 b) above.

4. ANNOUNCEMENTS

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

Bid without the prior written consent of the other party.

4.2 Neither party shall make use of the other 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 Bid 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 Bid and in complying

with the terms of this Agreement.

7. ADEQUACY OF DAMAGES

Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any other

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

including specific performance, recovery of damages or otherwise.

8. 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 Bid 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 Bid and against accidental loss or

destruction of, or damage to such data held or processed by them.

RFP No. PYP/W1/6/21/1810



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.

RFP No. PYP/W1/6/21/1810



Section 12 : CREDIT CHECK

I consent to you making enquiries about my credit record with credit reference agencies when assessing this tender or

quotation or updating my information in future.

Yes No

The Transnet shall ensure that all necessary precautions are taken to ensure that all Information received or collected is:

i. Properly and accurately recorded, maintained, collated, synthesised and/or processed;

ii. Protected against loss;

iii. Protected against unauthorised access, use, modification or disclosure;


RFP No. PYP/W1/6/21/1810



SECTION 13: RETURNABLE SCHEDULE- B-BBEE IMPROVEMENT PLAN

Transnet encourages its Suppliers/Service Providers to constantly strive to improve their B-BBEE rating. Whereas

Respondents will be allocated points in terms of a preference point system based on its B-BBEE scorecard, in addition

to such scoring, Transnet also requests that Respondents submit a B-BBEE improvement plan. Respondents are

therefore requested to indicate the extent to which their ownership, management control, Supplier Development,

Preferential Procurement and Enterprise Development will be maintained or improved over the contract period.

Respondents are requested to submit their B-BBEE Improvement Plan as an additional document with their Proposals.

Respondents are to insert their current status (%) and future targets (%) for the B-BBEE Improvement Plan [i.e. not

the % change but the end-state quantum expressed as a percentage] in the table below. This will indicate how you

intend to sustain or improve your B-BBEE rating over the contract period. On agreement, this will represent a binding

commitment to the successful Respondent.

Transnet reserves the right to request supporting evidence to substantiate the commitments made in the B-BBEE

Improvement Plan.

OWNERSHIP INDICATOR Required Responses Current

Status (%)

Future

Target (%)

1. The percentage of the

business owned by Black3

persons.

Indicate the extent to which ownership is in

the hands of Black persons as a percentage

of total ownership of the organisation would

be sustained or increased over the contract

period.

2. The percentage of your

business owned by Black

women.


the hands of Black women as a percentage of

total ownership of the organisation would be

sustained or increased over the contract

period.



youth4


the hands of Black youth as a percentage of

total ownership of the organisation would be

sustained or increased over the contract

period.



persons living with

disabilities


the hands of Black disabled persons as a

percentage of total ownership of the

organisation would be sustained or increased

over the contract period.

3 “Black” means SSouth African Blacks , Coloureds and Indians , as defined in the B-BBEE Act, 53 of 2003 4 “Black youth” means Black persons from the age of 16 to 35


RFP No. PYP/W1/6/21/1810



5. New Entrants5 (Early

stage business)


the hands of new entrants as a percentage

of total ownership of the organisation

MANAGEMENT CONTROL

INDICATOR Required Responses

Current

Status (%)

Future

Targets (%)

6. The percentage of Black

Board members in

relation to the total

number of Board

members

Indicate the number of Black Board

members, as a percentage of the total Board,

would be sustained or increased over the

contract period.

7. The percentage of Black

female Board members in

relation to the total

number of Board

members

Indicate the number of Black female Board

members, as a percentage of the total Board,

would be sustained or increased over the

contract period.

8. Black Executives directors

as a percentage of all

executive directors

Indicate the number of Black executive

Directors as a percentage of all Executive

Directors would be sustained or increased


9. Black female Executives

directors as a percentage

of all executive directors

Indicate the number of Black female

executive Directors as a percentage of all

Executive Directors would be sustained or

increased over the contract period.

Other Executive

Management Required Response

Current

Status (%)

Future

Targets (%)

10. Black Executive

Management as a

percentage of all

executive directors

Indicate the number of Black executive

Managers as a percentage of all Executive

Directors would be sustained or increased


11. Black Female Executive

Management as a

percentage of all

executive directors

Indicate the number of Black female

executive Managers as a percentage of all

Executive Directors would be sustained or

increased over the contract period.

Senior Management Required Response Current

Status (%)

Future

Targets (%)

12. Black employees in Senior

Management as a

Indicate the percentage of Blacks that would

be appointed or retained by the Board and

5 “New Entrants” means an early stage business which is similar to a start-up. However, an early stage business is typically 3 years old or less.

RFP No. PYP/W1/6/21/1810



percentage of all senior

management

would be operationally involved in the day to

day senior management of the business,

with individual responsibility for overall

and/or financial management of the business

and actively involved in the development and

implementation of overall strategy, over

the contract period.

13. Black female employees

in Senior Management as

a percentage of all senior

management

Indicate the percentage of Black females that

would be appointed or retained by the Board

and would be operationally involved in the

day to day senior management of the

business, with individual responsibility for

overall and/or financial management of the

business and actively involved in the

development and implementation of overall

strategy, over the contract period.

Middle Management Required Response Current

Status (%)

Future

Targets (%)

14. Black employees in Middle

Management as a

percentage of all middle

management

Indicate the percentage of Blacks that would

be retained or appointed by the organisation

in the middle management cadre and

would be operationally involved in the day to

day management of the business, with

individual responsibility for a particular area

within the business and actively involved in

the day to day management of the

organisation, over the contract period.


in Middle Management as

a percentage of all middle

management

Indicate the percentage of Blacks females

that would be retained or appointed by the

organisation in the middle management

cadre and would be operationally involved in

the day to day management of the business,

with individual responsibility for a particular

area within the business and actively involved

in the day to day management of the

organisation, over the contract period.

Junior Management Required Response Current

Status (%)

Future

Targets (%)

16. Black employees in Junior

management as a

percentage of all junior

management

Indicate the number of Black Junior

Managers as a percentage of the total junior

Managers, would be sustained or increased



in Junior management as

Indicate the number of Black female Junior

Managers as a percentage of the total junior

RFP No. PYP/W1/6/21/1810



a percentage of all junior

management

Managers, would be sustained or increased


Employees with disabilities Required Response Current

Status (%)

Future

Targets (%)

18. Black employees with

disabilities as a

percentage of all

employees

Indicate the number of Black disabled

employees, as a percentage of the total

noall employees in the organisation, would

be sustained or increased over the contract

period.

PREFERENTIAL

PROCUREMENT

INDICATOR

Required Responses Current

Status

Future

Targets

19. Turnover Indicate your annual turnover (in Rands) R R

20. Start Ups Is your entity a start up Enterprise? (Yes or

No) n/a

21. Empowering suppliers

Indicate the percentage of cost of sales (Excl

labour and depreciation) procured from local

producers or local supplier in SA

% %

22. Empowering suppliers Indicate the percentage of jobs created for

black people % %

23. Empowering suppliers Indicate the current number of black

employees?

24. Empowering suppliers Indicate the number of black employees as

per your last BBBEE verification report


What is the percentage transformation of raw

maters if in the manufacturing, packaging,

production and or assembly industry?

% %


How many days per anum is spent assisting

black EME or QSE beneficiaries increase their

capacity operationally or financially?

days days

27. B-BBEE procurement

spend from all

Empowering Suppliers6

Indicate the B-BBEE procurement spend from

all Empowering Suppliers as a percentage of

Total Measured Procurement Spend

% %

6 “Empowering Suppliers” means a B-BBEE compliant entity, which should meet at least three of the following criteria if it is a Large Enterprise or one if it is a QSE:

RFP No. PYP/W1/6/21/1810



based on the B-BBEE

procurement recognition

level as a percentage of

total measured

procurement spend

28. 20 B-BBEE procurement

spend from all

Empowering Suppliers

QSEs based on the

applicable B-BBEE

Procurement Recognition

Levels as a percentage of

Total Measured

Procurement Spend


all Empowering Suppliers that are QSEs as a

percentage of Total Measured Procurement

Spend?

% %


spend from Exempted

Micro- Enterprise based

on the applicable B-BBEE

procurement recognition


Total Measured

Procurement Spend


all Empowering Suppliers that are EMEs as a

percentage of Total Measured Procurement

Spend? % %


spend from Empowering

Suppliers that are at least

51% black owned based

on the applicable B-BBEE



Total Measured

Procurement Spend


Empowering Suppliers who are more than

51% Black-owned as a percentage of Total

Measured Procurement Spend?

% %


spend from Empowering

Suppliers that are at least

30% black women

owned based on the

applicable B-BBEE




Empowering Suppliers who are more than

30% Black women-owned as a percentage of

Total Measured Procurement Spend?

(a) At least 25% of cost of sales excluding labour cost and depreciation must be procured from local producers or local supplier in SA, for service industry labour cost are included but capped to 15%.

(b) Job creation - 50% of jobs created are for Black people provided that the number of Black employees since the immediate prior verified B-BBEE Measurement is maintained.

(c) At least 25% transformation of raw material/beneficiation which include local manufacturing, production and/or assembly, and/or packaging. (d) Skills transfer - at least spend 12 days per annum of productivity deployed in assisting Black EMEs and QSEs beneficiaries to increase their operation or financial capacity.

RFP No. PYP/W1/6/21/1810



Total Measured

Procurement Spend

32. B-BBEE Procurement

Spent from Designated

Group7 Suppliers that are

at least 51% Black owned

Indicate the BBBEE procurement spend with

suppliers from Designated Group s. Suppliers

that are at least 51% Black owned would be

maintained or increased over the contract

period.

SUPPLIER DEVELOPMENT

INDICATOR Required Response

Current

Status (%)

Future

Target (%)

33. Annual value of all

Supplier Development8

Contributions made by

the Measured entity as a

percentage of the target

Provide a commitment based on the

percentage in your organisation’s annual

spend on Supplier Development initiatives,

will be maintained or improved over the

contract period.

ENTERPRISE

DEVELOPMENT

INDICATOR

Required Response Current

Status (%)

Future

Target (%)

34. The organisation’s annual

spend on Enterprise

Development9 as a

percentage of Net Profit

after Tax [NPAT]

Provide a commitment based on the

retention or increase in your organisation’s

annual spend on Enterprise Development

initiatives, as a percentage of its Net Profit

after Tax, over the contract period.

“Empowering Suppliers” means a B-BBEE compliant entity, which should meet at least three of the

following criteria if it is a Large Enterprise or one if it is a QSE: Indicate criteria applicable to

Supplier.

7 “Designated Groups” means:

a) unemployed black people not attending and required by law to attend an educational institution and not awaiting admission to an educational institution;

b) black people who are youth as defined in the National Youth Commission Act of 1996; c) black people who are persons with disabilities as defined in the Codes of Good Practice on employment of people with disabilities issued

under the Employment Equity Act; d) black people living in rural and under developed areas; and e) black military veterans who qualifies to be called a military veteran in terms of the Military Veterans Act 18 of 2011. 8 “Supplier Development” means monetary or non-monetary contributions carried out for the benefit of value-adding suppliers to the

Measured Entity, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries:

(a) Supplier Development Contributions to suppliers that are Exempted Micro-Enterprises or Qualifying Small Enterprises which are at least 51% black owned or at least 51% black women owned.

Supplier Development within the contest of the B-BBEE scorecard must be differentiated from Transnet’s Supplier Development Initiatives. Whereas the former relates to the definition above, the latter relates to improving the socio-economic environment through initiatives that are committed to as part of a contract award that contribute to the development of a competitive supplier base in relation to a particular industry.

9 “Enterprise Development” means monetary and non-monetary contributions carried out for the following beneficiaries, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries:

(a) Enterprise Development Contributions to Exempted Micro-Enterprises or Qualifying Small Enterprises which are at least 51% Black owned or at least 51% Black women owned;

RFP No. PYP/W1/6/21/1810



PREFERENTIAL PROCUREMENT INDICATOR

Yes No

35. At least 25% of cost of sales excluding labour cost and depreciation is

procured from local producers or local supplier in SA, for service industry

labour cost are included but capped to 15%.

36. Job creation - 50% of jobs created are for Black people provided that the

number of Black employees since the immediate prior verified B-BBEE

Measurement is maintained.

37. At least 25% transformation of raw material/beneficiation which include local

manufacturing, production and/or assembly, and/or packaging.

38. Skills transfer - at least spend 12 days per annum of productivity deployed in

assisting Black EMEs and QSEs beneficiaries to increase their operation or

financial capacity.

39. Is the supplier a first time supplier of Transnet?

Name

Date

Position

Enterprise name

RFP No. PYP/W1/6/21/1810



Section 14: RECORD OF ADDENDA TO TENDER DOCUMENTS

We confirm 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 tender offer:

Date Title or Details

1

2

3

4

5

6

7

8

9

Attach additional pages if more space is required.

Signed

Date

Name

Position

Tenderer

Essential returnable

RFP No. PYP/W1/6/21/1810



Section 15 : CERTIFICATE OF ACQUAINTANCE WITH TENDER DOCUMENTS

NAME OF ENTITY:

__________________________________________________________________________________

1. I/we

____________________________________________________________________________ do hereby

certify that I/we acquainted myself/ourselves with all the documentation comprising this Tender and all

conditions contained therein, as laid down by Transnet SOC Ltd for the carrying out of the proposed

supply/service/works for which I/we submitted my/our Proposal.

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 RFP/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 Bid 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 Bid, I/we understand that the word “competitor”

shall include any individual or organisation, other than the Bidder, whether or not affiliated with the Bidder,

who:

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

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

or experience; and

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

5. 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 consortium will not be construed as collusive bidding.

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;

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 Bid;

e) the submission of a Bid which does not meet the specifications and conditions of the RFP; or

f) bidding with the intention not winning the Bid.


RFP No. PYP/W1/6/21/1810



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 RFP relates.

8. 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.

9. I/We am/are 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 10 [ten] years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or

any other applicable legislation.

SIGNED at ___________________________ on this _____ day of ___________________2019

Name: …………………………………………. Position ………………………………………………………

Tenderer: ……………………………………………………………………………………………………………..

RFP No. PYP/W1/6/21/1810



SECTION 16: GEOGRAPHIC FOOTPRINT

Please attach proof of geographic footprint for effective management of the works.

Attached submissions to this schedule:

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