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RFP - For The Upgrade, Installation, Testing, and Commissioning of Extraction System

This document is a request for proposal from Transnet Engineering for the upgrade, installation, testing and commissioning of an extraction system at their foundry business in Bloemfontein, South Africa. It provides important details about the tender such as the tender number, description of works, issue and closing dates, compulsory briefing session, and submission requirements. Tenderers are advised to carefully read the document and submit their proposals electronically on the Transnet e-tender portal before the closing time and date.

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0% found this document useful (0 votes)

99 views

RFP - For The Upgrade, Installation, Testing, and Commissioning of Extraction System

Uploaded by

letsaner

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Download as PDF, TXT or read online on Scribd

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TRANSNET ENGINEERING

Tender Number: TE/2023/06/0032/33777/RFP

Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION
SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT.

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

REQUEST FOR PROPOSAL (RFP)

FOR THE: UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF

EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT.

RFP NUMBER : TE/2023/06/0032/33777/RFP

ISSUE DATE : 11 August 2023
COMPULSORY BRIEFING : 23 August 2023 at 10:00am
CLOSING DATE : 12 September 2023
CLOSING TIME : 10h00am
TENDER VALIDITY PERIOD : 12 weeks from closing date

NEC3 ENGINEERING AND CONSTRUCTION CONTRACT Tender Documents

CPM 2020 Rev 01 Page 1 of 2
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION
SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT.

Contents
Number Heading

The Tender
Part T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable Documents

T2.1 List of Returnable Document

T2.2 Returnable Schedules

The Contract
Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data (Parts 1 & 2)

C1.3 Form of Guarantee

Part C2: Pricing Data

C2.1 Pricing Instructions

C2.2 Activity Schedule

Part C3: Scope of Work

C3.1 Works Information

Part C4: Site Information

C4.1 Site Information

NEC3 ENGINEERING AND CONSTRUCTION CONTRACT Tender Documents

CPM 2020 Rev 01 Page 2 of 2
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T1.1 TENDER NOTICE AND INVITATION TO TENDER

SECTION 1: NOTICE TO TENDERERS

1. INVITATION TO TENDER

Responses to this Tender [hereinafter referred to as a Tender] are requested from persons,
companies, close corporations or enterprises [hereinafter referred to as a Tenderer].

DESCRIPTION TE/2023/06/0032/33777/RFP
This Tender may be downloaded directly from the National
Treasury eTender Publication Portal at www.etenders.gov.za
TENDER
and the Transnet website at
DOWNLOADING
https://transnetetenders.azurewebsites.net (please use
Google Chrome to access Transnet link) FREE OF CHARGE.

A Compulsory Tender Clarification Meeting will be conducted at

Transnet Engineering, Imbali Boardroom (Projects Office
Boardroom),1 Transnet Road, Hilton, Bloemfontein 9301 on
Wednesday , 23 August 2023 at 10:00am [10 O’clock] for a
periodof ± 2 (two) hours. [Tenderers to provide own transportation and
accommodation].

All contractors to convene at main reception area and from

there we would have the briefing at: Imbali Boardroom
(Projects Office Boardroom)

The Compulsory Tender Clarification Meeting will start punctually and

COMPULSORY information will not be repeated for the benefit of Tenderers arriving late.
TENDER
CLARIFICATION A Site visit/walk will take place, tenderers are to note:
MEETING • Tenderers are required to wear safety shoes, goggles, long sleeve
shirts, high visibility vests and hard hats.
• Tenderers without the recommended PPE will not be allowed on the
site walk.
• Tenderers and their employees, visitors, clients and customers
entering Transnet Offices, Depots, Workshops and Stores will have
to undergo breathalyser testing.
• All forms of firearms are prohibited on Transnet properties and
premises.
• The relevant persons attending the meeting must ensure that their
identity documents, passports or drivers licences are on them for
inspection at the access control gates.

CPM 2020 Rev05 Part T1: Tendering procedures

Page 1 of 5 T 1.1: Tender Notice and Invitation
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

Certificate of Attendance in the form set out in the Returnable

Schedule T2.2-01 hereto must be completed and submitted with your
Tender as proof of attendance is required for a compulsory site meeting
and/or tender briefing.
Tenderers are required to bring this Returnable Schedule T2.2-
01 to the Compulsory Tender Clarification Meeting to be signed
by the Employer’s Representative.
Tenderers failing to attend the compulsory tender briefing will
be disqualified.

10:00am on (2023/09/12)
Tenderers must ensure that tenders are uploaded timeously onto the
CLOSING DATE system. If a tender is late, it will not be accepted for
consideration.

2. TENDER SUBMISSION
Transnet has implemented a new electronic tender submission system, the e-Tender Submission
Portal, in line with the overall Transnet digitalization strategy where suppliers can view advertised
tenders, register their information, log their intent to respond to bids and upload their bid
proposals/responses on to the system.
a) The Transnet e-Tender Submission Portal can be accessed as follows:

Log on to the Transnet eTenders management platform website

(https://transnetetenders.azurewebsites.net);
▪ Click on “ADVERTISED TENDERS” to view advertised tenders;
▪ Click on “SIGN IN/REGISTER – for bidder to register their information (must fill in all
mandatory information);
▪ Click on “SIGN IN/REGISTER” - to sign in if already registered;
▪ Toggle (click to switch) the “Log an Intent” button to submit a bid;
▪ Submit bid documents by uploading them into the system against each tender selected.
▪ Tenderers are required to ensure that electronic bid submissions are done at
least a day before the closing date to prevent issues which they may encounter
due to their internet speed, bandwidth or the size of the number of uploads
they are submitting. Transnet will not be held liable for any challenges
experienced by bidders as a result of the technical challenges. Please do not
wait for the last hour to submit. A Tenderer can upload 30mb per upload and
multiple uploads are permitted.

CPM 2020 Rev05 Part T1: Tendering procedures

Page 2 of 5 T 1.1: Tender Notice and Invitation
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
b) The tender offers to this tender will be opened as soon as possible after the closing
date and time. Transnet shall not, at the opening of tenders, disclose to any other company
any confidential details pertaining to the Tender Offers / information received, i.e. pricing,
delivery, etc. The names and locations of the Tenderers will be divulged to other Tenderers
upon request.
c) Submissions must not contain documents relating to any Tender other than that shown on
the submission.

3. CONFIDENTIALITY
All information related to this RFP is to be treated with strict confidentiality. In this regard
Tenderers are required to certify that they have acquainted themselves with the Non-Disclosure
Agreement. All information related to a subsequent contract, both during and after completion
thereof, will be treated with strict confidence. Should the need however arise to divulge any
information gleaned from provision of the Works, which is either directly or indirectly related to
Transnet’s business, written approval to divulge such information must be obtained from
Transnet.

4. DISCLAIMERS

Tenderers are hereby advised that Transnet is not committed to any course of action as a result
of its issuance of this Tender and/or its receipt of a tender offer. In particular, please note that
Transnet reserves the right to:

4.1. Award the business to the highest scoring Tenderer/s unless objective criteria justify the
award to another tenderer.

4.2. Not necessarily accept the lowest priced tender or an alternative Tender;

4.3. Go to the open market if the quoted rates (for award of work) are deemed unreasonable;

4.4. Should the Tenderers be awarded business on strength of information furnished by the
Tenderer, which after conclusion of the contract is proved to have been incorrect,
Transnet reserves the right to terminate the contract;

4.5. Request audited financial statements or other documentation for the purposes of a due
diligence exercise;

4.6. Not accept any changes or purported changes by the Tenderer to the tender rates after
the closing date;

CPM 2020 Rev05 Part T1: Tendering procedures

Page 3 of 5 T 1.1: Tender Notice and Invitation
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
4.7. Verify any information supplied by a Tenderer by submitting a tender, the Tenderer/s
hereby irrevocably grant the necessary consent to the Transnet to do so;

4.8. Conduct the evaluation process in parallel. The evaluation of Tenderers at any given
stage must therefore not be interpreted to mean that Tenderers have necessarily passed
any previous stage(s);

4.9. Unless otherwise expressly stated, each tender lodged in response to the invitation to
tender shall be deemed to be an offer by the Tenderer. The Employer has the right in
its sole and unfettered discretion not to accept any offer.

4.10. Not be held liable if tenderers do not provide the correct contact details during the
clarification session and do not receive the latest information regarding this RFP with the
possible consequence of being disadvantaged or disqualified as a result thereof.

4.11. Transnet reserves the right to exclude any Tenderers from the tender process who has
been convicted of a serious breach of law during the preceding 5 [five] years including
but not limited to breaches of the Competition Act 89 of 1998, as amended. Tenderers
are required to indicate in tender returnable [clause 12 on T2.2-17], [Breach of Law]
whether or not they have been found guilty of a serious breach of law during the past 5
[five] years.

4.12. Transnet reserves the right to perform a risk analysis on the preferred tenderer to
ascertain if any of the following might present an unacceptable commercial risk to the
employer:

• unduly high or unduly low tendered rates or amounts in the tender offer;
• contract data of contract provided by the tenderer; or
• the contents of the tender returnables which are to be included in the contract.

5. Transnet will not reimburse any Tenderer for any preparatory costs or other work performed in
connection with this Tender, whether or not the Tenderer is awarded a contract.

6. NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE

Tenderer are required to self-register on National Treasury’s Central Supplier Database (CSD)
which has been established to centrally administer supplier information for all organs of state
and facilitate the verification of certain key supplier information. The CSD can be accessed at

CPM 2020 Rev05 Part T1: Tendering procedures

Page 4 of 5 T 1.1: Tender Notice and Invitation
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
https://secure.csd.gov.za/. Tenderer are required to provide the following to Transnet
in order to enable it to verify information on the CSD:
Supplier Number………………………………… and Unique registration reference
number ................................... (Tender Data)

Transnet urges its clients, suppliers and the general public

to report any fraud or corruption to

TIP-OFFS ANONYMOUS: 0800 003 056 OR [email protected]

CPM 2020 Rev05 Part T1: Tendering procedures

Page 5 of 5 T 1.1: Tender Notice and Invitation
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T1.2 TENDER DATA

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

This edition incorporates the amendments made in Board Notice 423 of 2019 in Government Gazette
42622 of 8 August 2019. (see www.cidb.org.za).

The Standard Conditions of Tender make several references to Tender data for detail that apply
specifically to this tender. The Tender Data shall have precedence in the interpretation of any
ambiguity or inconsistency between it and the Standard Conditions of Tender.

Each item of data given below is cross-referenced in the left-hand column to the clause in the
Standard Conditions of Tender to which it mainly applies.

Clause Data

C.1.1 The Employer is Transnet SOC Ltd

(Reg No. 1990/000900/30)

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

Part T: The Tender

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

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

T2.2 Returnable schedules

Part C: The contract

Part C1: Agreements and contract data C1.1 Form of offer and acceptance
C1.2 Contract data (Part 1 & 2)
C1.3 Form of Securities

Part C2: Pricing data C2.1 Pricing instructions

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

T1.2: Tender Data
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

C2.2 Activity Schedule

Part C3: Scope of work C3.1 Works Information

Part C4: Site information C4.1 Site information

C.1.4 The Employer’s agent is: Category Specialist

Name: Nonhlanhla Mafoko

Address: Transnet Engineering

Corner Lynette & Koedoespoort Road,
Koedoespoort, Pretoria, 0186

Tel No. 012 391 1433

E – mail [email protected]

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

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

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

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

Board:
a) Only those tenderers who are registered with the CIDB, or are capable of being so
prior to the evaluation of submissions, in a contractor grading designation equal to
or higher than a contractor grading designation determined in accordance with the
sum tendered or a value determined in accordance with Regulation 25 (1B) or
25(7A) of the Construction Industry Development Regulations, designation of 3ME
or higher class of construction work, are eligible to have their tenders evaluated.

b) Joint Venture (JV)

Joint ventures are eligible to submit tenders subject to the following:
1. every member of the joint venture is registered with the CIDB;
2. the lead partner has a contractor grading designation of not lower than one
level below the required class of construction works under consideration and
possesses the required recognition status; and
3. the combined Contractor grading designation calculated in accordance with the
Construction Industry Development Regulations is equal to or higher than a
Contractor grading designation determined in accordance with the sum
tendered for a 3ME or higher class of construction work or a value determined

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

in accordance with Regulation 25(1B) or 25(7A) of the Construction Industry

Development Regulations
The tenderer shall provide a certified copy of its signed joint venture agreement

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

3. Stage Four - Functionality:

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

The evaluation criteria for measuring functionality and the points for each criteria and,
if any, each sub-criterion are as stated in C.3.11.3 below.

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

C.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender
Notice and Invitation to Tender. Tenderers must complete and sign the
attendance register. Addenda will be issued to and tenders will only be received
from those tendering entities including those entities that intends forming a joint
venture appearing on the attendance register.

Tenderers are also required to bring their RFP document to the briefing session
and have their returnable document T2.2-01 certificate of attendance signed
off by the Employer’s authorised representative.

C.2.12 No alternative tender offers will be considered.

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

C.2.13.5 The Employer’s details and identification details that are to be shown on each tender
C2.15.1 offer are as follows:

Identification details: The tender documents must be uploaded with:

▪ Name of Tenderer: (insert company name)
▪ Contact person and details: (insert details)
▪ The Tender Number: TE/2023/06/0032/33777/RFP
▪ The Tender Description: FOR THE UPGRADE,
INSTALLATION, TESTING, AND COMMISSIONING OF

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

EXTRACTION SYSTEM FOR FOUNDRY BUSINESS

BLOEMFONTEIN PLANT

Documents must be marked for the attention of:

Employer’s Agent:

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

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

Time: 10:00am on the 12 September 2023
Location: The Transnet e-Tender Submission Portal:
(https://transnetetenders.azurewebsites.net);

NO LATE TENDERS WILL BE ACCEPTED

C.2.16 The tender offer validity period is 12 weeks after the closing date. Tenderers are to
note that they may be requested to extend the validity period of their tender, on the
same terms and conditions, if Transnet’s internal evaluation and governance approval
processes has not been finalised within the validity period.

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

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

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

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

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

The procedure for the evaluation of responsive tenders is Functionality, Price and
Preference:

Only those tenderers who attain the minimum number of evaluation points

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

for Functionality will be eligible for further evaluation, failure to meet the
minimum threshold will result in the tender being disqualified and removed
from any further consideration.

Functionality Criteria
The functionality criteria and maximum score in respect of each of the criteria are as
follows:

Tender Number:
Catego Criteria Weighti Scoring Methodology Evidence
ry ngs Based on Weight
1. Technical Fully Compliant (sign Acknowledgement
Compliance all pages of the of the specification
specification and fill- by Bidder and sign
Compliance to in all comply and not all pages of the
specification: comply tables in pages specification and
5-7 and 13) = 20 fill-in all comply
Compliance with the points and not comply
specification including tables in pages 5-7
20
signing of the Non-compliance to and 13.
specification (Sign on scope of work (Not
each page) signing all pages of
the specification and
Not filling-in all
comply and not
comply tables in pages
5-7 and 13) = 0 points
2. Project Fully Compliant
Organogram and (Bidders must submit
Management a detailed
organogram) = 20
Organization and points
staffing:

Reporting Structure
(Organogram) to be used Bidders must submit
for this contract. the Organogram.
30

Non-compliant (If No
detail organogram
= 0 points

3. Programme

Proposed Programme Detailed program with

(project plan) for all minimum activities
and time frames

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

supplying Fume included (program

Extraction System must include sequence Programme (Project
which consists of a list of tasks from the Plan) with sequence
of key activities and inception to of tasks and
time frames including completion of the appropriate
but not limited to the project) = 25 Points timelines.
following:

A. Proposal of the
fume extraction system
in conjunction with
Transnet Engineer.
a.1. Approval of the
fume and dust testers
25
B. Ordering and
delivery of fume and
dust extraction system

C. Commissioning and
Testing of the fume and If any of the minimum
dust extraction system: activity is omitted on
Technician to test the the program (Any
dust and fume extraction omission of key tasks,
with Transnet and missing time
representatives. frames) = 0 points
Training No Written Proposal/
C.3.Handover inadequate proposal =
documents 0 Points

4. Previous Experience

Previous experience of 3 or more Reference

supply, delivery and letters on Company
testing of fume and dust Letterhead singed by
extraction system (only referring company Submit singed
completed projects) in with contactable reference letters
the past 5 years, with 25 details = 25 Points in the letterheads
contactable references. 2 or 1 Reference of previous
letters on Company clients as
Letterhead singed by evidence.
referring company

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

Submit singed with contactable

reference letters in details = 5 Points
the letterheads of No Reference
previous clients as Letter/Completion
evidence certificate=0 point
Total 100
Thresh
old 70
*Should the category threshold not be met the response will be deemed not compliant and be
disqualified.

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

• T2.2-03 Technical Compliance …

• T2.2-04 Project Organogram &Management
• T2.2-05 Programme
• T2.2-06 Previous Experience

The scores of each of the evaluators will be averaged, weighted and then totalled to
obtain the final score for functionality, unless scored collectively. (See CIDB Inform
Practice Note #9).

Note: Any tender not complying with the above mentioned requirements,
will be regarded as non-responsive and will therefore not be considered for
further evaluation. This note must be read in conjunction with Clause C.2.1.

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

C.3.11. Only tenders that achieve the minimum qualifying score for functionality will be evaluated
further in accordance with the 80/20 preference points systems as described in
Preferential Procurement Regulations.

80 where the financial value of one or more responsive tenders received have a value
equal to or below R50 million, inclusive of all applicable taxes,

Thresholds Minimum Threshold

Technical / functionality 70

Evaluation Criteria Final Weighted Scores

Price 80
Specific goals - Scorecard 20
TOTAL SCORE: 100

Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete
the preferencing schedule and who are found to be eligible for the preferenceclaimed.
Should the evidence required for any of the Specific Goals applicablein this
tender not be provided, a tenderer will score zero preference points for that
particular “Specific Goal”.

In terms of Transnet Preferential Procurement Policy (TPPP) and Procurement Manuals, the
following preference points must be awarded to a bidder who provides the relevant required
evidence for claiming points

Selected Specific Goal Number of points allocated

(80/20)
B-BBEE Level of contributor (1 or 2) 5
+50% Black Youth Owned Entities 5
30% Black women Owned entities 5

Entities Owned by People with Disability (PWD) 5

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

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

The following Table represents the evidence to be submitted for claiming

preference points for applicable specific goals in a particular tender:

Specific Goals Acceptable Evidence

B-BBEE Certificate / Sworn-Affidavit B-BBEE Cert
B-BBEE case of JV, a consolidate scorecard will be accep
DTIC guidelines
B-BBEE Certificate / Sworn-Affidavit / CIPC B-BB
30% Black Women Owned Entities Certificate (in case of JV, a consolidate scorecard
accept) as per DTIC guidelines
Certified copy of ID Documents of the Owners a
50% Black Youth Owned Entities Certificate / Affidavit (in case of JV, a consolidat
will be accept)
Certified copy of ID Documents of the Owners a
Entities Owned by People with
note confirming the disability and/or Employmen
Disability (PWD)
Act 1(EEA1) form.
Entities/Black People living in rural Entity’s Municipal/ESKOM bill or letter from Indu
areas confirming residential address not older than 3 m
South African Enterprises CIPC Registration Documents
B-BBEE Certificate / Affidavit (in case of JV, a co
EME or QSE 51% Black Owned
scorecard will be accept) as per DTIC guidelines
B-BBEE Certificate / Sworn-Affidavit B-BBEE Cert
Entities that are 51 % Black
case of JV, a consolidate scorecard will be accep
Owned
DTIC guidelines
Promoting exports orientated
Returnable section/annexure ........ on job creation
production for Job creation
Local Content and Local
Returnable Local Content and production Annexu
Production
NIPP NIPP Returnable documents
Creation of new jobs and labour
Returnable section/annexure ........ on job creation
intensification
The promotion of supplier
development through sub-
contracting or JV for a minimum of
30% of the value of a contract to
South African Companies which
are: Sub-contracting agreements and Declaration / Jo
I. 30% Black Women, 51% Venture Agreement. Certified copy of ID Docume
black Youth and 51% Owners and B-BBEE Certificate / Affidavit (in cas
people with disabilities consolidate scorecard will be accept) of the sub-
II. Entities with a specified entities.
minimum B-BBEE level (1
and 2)
III. EMEs and/or QSEs who are
51% black-owned

The promotion of enterprises

CIP - Registered address of entity
located in a specific

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

province/region/municipal area for

work to be done or services to be
rendered in that
province/region/municipal area

The maximum points for this bid are allocated as follows:

DISCRIPTION POINTS
PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTION

• B-BBEE Level of contributor (1 or 2) -5 points

• +50% Black Youth Owned Entities – 5 Points
• 30% Black women Owned entities - 5 Points
• Entities Owned by People with Disability (PWD) – 5
Points
20

Total points for Price and Specific Goals must not 100
exceed

Note: Transnet reserves the right to carry out an independent audit of the tenderers
scorecard components at any stage from the date of close of the tenders until
completion of the contract.

C.3.13 Tender offers will only be accepted if:

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

2. the tenderer does not appear on Transnet’s list for restricted tenderers and
National Treasury’s list of Tender Defaulters;

3. the tenderer has fully and properly completed the Compulsory Enterprise
Questionnaire and there are no conflicts of interest which may impact on the
tenderer’s ability to perform the contract in the best interests of the Employer
or potentially compromise the tender process and persons in the employ of
the state.

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

4. Transnet reserves the right to award the tender to the tenderer who scores the
highest number of points overall, unless there are objective criteria which will
justify the award of the tender to another tenderer. Objective criteria include
but are not limited to the outcome of a due diligence exercise to be conducted.
The due diligence exercise may take the following factors into account inter alia;

the tenderer:

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

preventing participating in the employer’s procurement,
b) is not undergoing a process of being restricted by Transnet or other state
institution that Transnet may be aware of,
c) can, as necessary and in relation to the proposed contract, demonstrate that
he or she possesses the professional and technical qualifications,
professional and technical competence, financial resources, equipment and
other physical facilities, managerial capability, reliability, experience and
reputation, expertise and the personnel, to perform the contract,
d) has the legal capacity to enter into the contract,
e) is not insolvent, in receivership, under Business Rescue as provided for in
chapter 6 of the Companies Act, 2008, bankrupt or being wound up, has his
affairs administered by a court or a judicial officer, has suspended his
business activities, or is subject to legal proceedings in respect of any of the
foregoing,
f) complies with the legal requirements, if any, stated in the tender data and
g) is able, in the option of the employer to perform the contract free of conflicts
of interest.

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

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

T2.1 List of Returnable Documents

2.1.1 These schedules are required for pre-qualification and eligibility purposes:

T2.2-01 Stage Three as per CIDB: Eligibility Criteria Schedule - CIDB Registration
T2.2-02 Stage Four as per CIDB: Eligibility Criteria Schedule - Certificate of attendance at
` Compulsory Tender Clarification Meeting

2.1.2 Stage Five as per CIDB: these schedules will be utilised for evaluation purposes:
T2.2-03 Evaluation Schedule: Technical Compliance
T2.2-04 Evaluation Schedule: Project Organogram, Management
T2.2-05 Evaluation Schedule: Programme
T2.2-06 Evaluation Schedule: Previous experience

2.1.3 Returnable Schedules:

General:
T2.2-07 Authority to submit tender
T2.2-08 Record of addenda to tender documents
T2.2-09 Letter of Good Standing
T2.2-10 Risk Elements
T2.2-11 Availability of equipment and other resources
T2.2-12 Schedule of proposed Subcontractors (if subcontract in terms of TPPP is not eligibility)
T2.2-13 Site Establishment requirements
Valid proof of Respondent’s compliance to Specific Goals evidence (Preference Claim Form)
requirements stipulated in SBD6.1.
ANNEX G Compulsory Enterprise Questionnaire

Agreement and Commitment by Tenderer:

T2.2-14: CIDB SFU ANNEX G Compulsory Enterprise Questionnaire
T2.2-15 Non-Disclosure Agreement
T2.2-16 RFP Declaration Form
T2.2-17 RFP – Breach of Law
T2.2-18 Certificate of Acquaintance with Tender Document
T2.2-19 Service Provider Integrity Pact

Part T2: Returnable Documents

CPM 2020 – Rev 02 Page 1 of 2 T2.2: Returnable Schedules
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-20 Supplier Code of Conduct

1.3.2 Bonds/Guarantees/Financial/Insurance:
T2.2-21 Insurance provided by the Contractor
T2.2-22 Forecast Rate of Invoicing
T2.2-23 Three (3) years audited financial statements

1.3.3 Transnet Vendor Registration Form:

T2.2-24 SBD 1

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

2.3 C1.2 Contract Data

2.4 C1.3 Forms of Securities

2.5 C2.1 Pricing Instructions (Activity Schedule)

2.6 C2.2 Activity Schedule

Part T2: Returnable Documents

CPM 2020 – Rev 02 Page 2 of 2 T2.2: Returnable Schedules
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-01: Eligibility Criteria Schedule:

Certificate of Attendance at Tender Clarification Meeting

This is to certify that

(Company Name)

Represented (Name and

by: Surname)

Was represented at the compulsory tender clarification meeting

Held at:

On (date) Starting time:

Particulars of person(s) attending the meeting:

Name Signature

Capacity

Attendance of the above company at the meeting was confirmed:

Name Signature

For and on Behalf of the

Employers Agent. Date

CPM 2020 Rev 01 T2.2: Returnable Schedules

Page 1 of 1 T2.2-01: Eligibility Criteria Schedule:
Certificate of Attendance
at Tender Clarification Meeting
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-02: Eligibility Criteria Schedule - CIDB Grading Designation

Note to tenderers:

Tenderers are to indicate their CIDB Grading by filling in the table below. Attach a copy of
the CIDB Grading Designation or evidence of being capable of being so registered.

CRS Number Status Grading Expiry Date

1. Only those tenderers who are registered with the CIDB, or are capable of being so prior
to the evaluation of submissions, in a contractor grading designation equal to or higher
than a contractor grading designation determined in accordance with the sum tendered
or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the
Construction Industry Development Regulations, for a 3ME or higher class of
construction work, are eligible to have their tenders evaluated.

2. Joint Venture (JV)

Joint ventures are eligible to submit tenders subject to the following:

1. every member of the joint venture is registered with the CIDB;

2. the lead partner has a contractor grading designation of not lower than one level one
level below the required grading designation in the class of construction works under
consideration and possesses the required recognition status; and

3. the combined Contractor grading designation calculated in accordance with the

Construction Industry Development Regulations is equal to or higher than a
Contractor grading designation determined in accordance with the sum tendered for
a 3ME or higher. class of construction work or a value determined in accordance with
Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations

4. the Contractor shall provide the employer with a certified copy of its signed joint
venture agreement;

5. and in the event that the joint venture is an ‘Incorporated Joint Venture’ the
Memorandum of Incorporation to be provided within 4 (four) weeks of the Contract
Date.

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-XX: CIDB Registration
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-03: Evaluation Schedule: Technical Compliance

Note: The tenderer will be scored on the below;

Category Criteria Weightings Scoring Methodology Evidence

Based on Weight

1. Technical Compliance Fully Compliant (sign all Acknowledgement of

pages of the the specification by
specification and fill-in Bidder and sign all
Compliance to specification: all comply and not pages of the
comply tables in pages specification and
5-7 and 13) = 20 points fill-in all comply
Compliance with the and not comply
specification including signing tables in pages 5-7
of the specification (Sign on 20 and 13.
Non-compliance to
each page) scope of work (Not
signing all pages of the
specification and Not
filling-in all comply and
not comply tables in
pages 5-7 and 13) = 0
points

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-03 Technical Compliance
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-04: Evaluation Schedule: Project Organogram &

Management

Category Criteria Weightin Scoring Evidence

gs Methodology
Based on Weight

2. Project Organogram and

Management

Organization and staffing:

Fully Compliant
(Bidders must
submit a
Reporting Structure (Organogram)
detailed
to be used for this contract.
organogram) =
20 points
Bidders must
submit the
30 Organogram.

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1
1 of 1 T2.2-04: Evaluation Schedule: Project Organogram &
Management
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-05: Evaluation Schedule: Programme

Category Criteria Weigh Scoring Evidence

tings Methodology
Based on
Weight

3. Programme

Proposed Programme Detailed

(project plan) for supplying program
Fume Extraction System with all
which consists of a list of minimum
key activities and time activities and
frames including but not time frames
limited to the following: included
Programme (Project Plan) with
(program
must include sequence of tasks and
A. Proposal of the fume sequence of appropriate timelines.
extraction system in tasks from
conjunction with Transnet the inception
Engineer. to
completion
a.1. Approval of the fume of the
and dust testers project) = 25
Points

B. Ordering and delivery of

fume and dust extraction
system

C. Commissioning and
Testing of the fume and 25
dust extraction system:

Technician to test the dust

and fume extraction with
Transnet
representatives.

Training C.3.Handover

documents

CPM 2020 Rev 01

Page 1 of 2 T2.2-XX: Evaluation Schedule: Programme
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

If any of the
minimum
activity is
omitted on
the program
(Any
omission of
key tasks,
and missing
time frames)
= 0 points

No Written
Proposal/
inadequate
proposal = 0
Points

CPM 2020 Rev 01

Page 2 of 2 T2.2-XX: Evaluation Schedule: Programme
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-06: Evaluation Schedule: Previous Experience

Category Criteria Weightin Scoring Evidence
gs Methodology
Based on Weight

4. Previous
Experience

3 or more
Previous Reference letters
experience of on Company
supply, delivery Letterhead singed
and testing of by referring Submit singed reference
fume and dust company with letters in the letterheads of
extraction system contactable details previous clients as evidence.
25
(only completed = 25 Points
projects) in the 2 or 1 Reference
past 5 years, with letters on Company
contactable Letterhead singed
references. by referring
company with
Submit singed contactable details
reference letters = 5 Points
in the letterheads No Reference
of previous clients Letter/Completion
as evidence certificate=0 point

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-06: Evaluation Schedule: Previous Experience
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-07: Authority to submit a Tender

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must
complete the certificate set out below for his category of organisation or alternatively attach a
certified copy of a company / organisation document which provides the same information for
the relevant category as requested here.

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

A. Certificate for Company

I, chairperson of the board of directors

, hereby confirm that by resolution of the

board taken on (date), Mr/Ms ,

acting in the capacity of , was authorised to sign all

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

the company.

Signed Date

Name Position Chairman of the Board of Directors

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 4 T2.2-07: Authority to submit a Tender
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

B. Certificate for Partnership

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

hereby authorise Mr/Ms

acting in the capacity of , to sign all documents in

connection with the tender offer for Contract and any

contract resulting from it on our behalf.

Name Address Signature Date

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

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

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 2 of 4 T2.2-07: Authority to submit a Tender
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

C. Certificate for Joint Venture

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

Mr/Ms , an authorised signatory of the company

, acting in the capacity of lead

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

and any contract resulting from it on our behalf.

This authorisation is evidenced by the attached power of attorney signed by legally authorised
signatories of all the partners to the Joint Venture.

Furthermore we attach to this Schedule a copy of the joint venture agreement which
incorporates a statement that all partners are liable jointly and severally for the execution of
the contract and that the lead partner is authorised to incur liabilities, receive instructions and
payments and be responsible for the entire execution of the contract for and on behalf of any
and all the partners.

Authorising signature,
Name of firm Address name (in caps) and
capacity

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 3 of 4 T2.2-07: Authority to submit a Tender
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

D. Certificate for Sole Proprietor

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

business trading as .

Signed Date

Name Position Sole Proprietor

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 4 of 4 T2.2-07: Authority to submit a Tender
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-08: Availability of Equipment and Other Resources

The Tenderer to submit a list of all Equipment and other resources that will be used to execute
the works as described in the Works Information.

Equipment Type and Availability – Hourly Rate Number of Details of

Description Equipment Ownership

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-08: Availability of Equipment
and Other Resources
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION
SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-09: Capacity and Ability to meet Delivery Schedule

Note to tenderers:

The Tenderer is required to demonstrate to the Employer that the tenderer has sufficient current and future capacity
to carry out the work as detailed in the Works Information and that the tenderer has the capacity and plans in place
to meet the required delivery schedule as required. To this end, the following must be provided by the Tenderer:

A schedule detailing the following:

• Maximum quantity of work concurrently performed by the Tenderer in the recent past in order to illustrate his
potential capacity to design, fabricate and/or construct work of a similar nature;

• Current and future work on his order book, showing quantity and type of equipment;

• Quantity of work for which the Tenderer has tenders in the market or is currently tendering on;

• The work as covered in this Works Information, planned and scheduled as per the Tenderer’s capacities and
methods but meeting the required delivery schedule.

Index of documentation attached to this schedule:

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

Part T2: Returnable Schedules

CPM 2020 Rev 01 Page 1 of 1 T2.2-09: Capability and Ability to meet
Delivery Schedule
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-10 Letter/s of Good Standing with the Workmen’s

Compensation Fund

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

Name of Company/Members of Joint Venture:

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 2 T2.2-10: Letter of Good Standing
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 2 of 2 T2.2-10: Letter of Good Standing
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-11: Record of Addenda to Tender Documents

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

Date Title or Details

Attach additional pages if more space is required.

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-11: Record of Addenda to Tender
documents
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-12: Risk Elements

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

Tenders to note: Notwithstanding this information, all costs related to risk elements which are at the
Contractor’s risk are deemed to be included in the tenderer’s offered total of the Prices.

CPM 2020 – Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-12: Risk Elements
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-13: Schedule of Proposed Subcontractors

The tenderer is required to provide details of all the sub-contractors that will be utilised in the
execution of the works.
Note to tenderers:
• In terms of PPPFA Regulation 6 (5), A tenderer may not be awarded points for B-BBEE status
level of contributor if the tender documents indicate that the tenderer intends subcontracting
more than 25% of the value of the contract to any other person not qualifying for at least the
points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the
capability to execute the subcontract.

• In terms of PPPFA Regulation 12 (3), A person awarded a contract may not subcontract more
than 25% of the value of the contract to any other enterprise that does not have an equal or
higher B-BBBEE status level of contributor that the person concerned, unless the contract is
subcontracted to an EME that has the capability and ability to execute the contract.

Tenderer to note that after award, any deviations from this list of proposed sub-
contractors will be subject to acceptance by the Project Manager in terms of the
Conditions of Contract.
Provide information of the Sub-contractors below:

Amount of Percentage of
Name of Proposed Subcontractor Address Nature of work
Worked work

Rural/ Underdeveloped Military

% Black Owned EME QSE Youth Women Disabilities
areas/ Townships Veterans

□ □ □ □ □ □ □

Amount of Percentage of
Name of Proposed Subcontractor Address Nature of work
Worked work

Rural/ Underdeveloped Military

% Black Owned EME QSE Youth Women Disabilities
areas/ Townships Veterans

□ □ □ □ □ □ □

Amount of Percentage of
Name of Proposed Subcontractor Address Nature of work
Worked work

CPM 2020 – Rev 01 Part T2: Returnable Schedules

Page 1 of 2 T2.2-13: Schedule of Proposed Subcontractors
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

Rural/ Underdeveloped Military

% Black Owned EME QSE Youth Women Disabilities
areas/ Townships Veterans

□ □ □ □ □ □ □

Amount of Percentage of
Name of Proposed Subcontractor Address Nature of work
Worked work

Rural/ Underdeveloped Military

% Black Owned EME QSE Youth Women Disabilities
areas/ Townships Veterans

□ □ □ □ □ □ □

CPM 2020 – Rev 01 Part T2: Returnable Schedules

Page 2 of 2 T2.2-13: Schedule of Proposed Subcontractors
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-14: Site Establishment Requirements

Tenderers to indicate their Site establishment area requirements:

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-14: Site Establishment
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_

T2.2-15 Certificate of Acquaintance with Tender Documents

NAME OF TENDERING ENTITY:

1. By signing this certificate I/we acknowledge that I/we have made myself/ourselves
thoroughly familiar with, and agree with all the conditions governing this RFP. This
includes those terms and conditions of the Contract, the Supplier Integrity Pact, Non-
Disclosure Agreement etc. contained in any printed form stated to form part of the
documents thereof, but not limited to those listed in this clause.

2. I/we furthermore agree that Transnet SOC Ltd shall recognise no claim from me/us for
relief based on an allegation that I/we overlooked any tender/contract condition or failed
to take it into account for the purpose of calculating my/our offered prices or otherwise.

3. I/we understand that the accompanying Tender will be disqualified if this Certificate is
found not to be true and complete in every respect.

4. For the purposes of this Certificate and the accompanying Tender, I/we understand that
the word “competitor” shall include any individual or organisation, other than the
Tenderer, whether or not affiliated with the Tenderer, who:

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

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

their qualifications, abilities or experience; and

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

5. The Tenderer has arrived at the accompanying Tender independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium will not be construed
as collusive Tendering.

6. In particular, without limiting the generality of paragraph 5 above, there has been no
consultation, communication, agreement or arrangement with any competitor
regarding:

a) prices;

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 2 T2.2-15: Certificate of Acquaintance with
Tender Documents
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_
b) geographical area where Services will be rendered [market allocation]

c) methods, factors or formulas used to calculate prices;

d) the intention or decision to submit or not to submit, a Tender;

e) the submission of a tender which does not meet the specifications and conditions
of the tender; or

f) Tendering with the intention not winning the tender.

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

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

8. The terms of the accompanying tender have not been, and will not be, disclosed by the
Tenderer, directly or indirectly, to any competitor, prior to the date and time of the
official tender opening or of the awarding of the contract.

9. I/We am/are aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to tenders and contracts, tenders that are
suspicious will be reported to the Competition Commission for investigation and possible
imposition of administrative penalties in terms of section 59 of the Competition Act No
89 of 1998 and/or may be reported to the National Prosecuting Authority [NPA] for
criminal investigation. In addition, Tenderers that submit suspicious tenders may be
restricted from conducting business with the public sector for a period not exceeding 10
[ten] years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of
2004 or any other applicable legislation.

Signed on this day of 20

SIGNATURE OF TENDERER

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 2 of 2 T2.2-15: Certificate of Acquaintance with
Tender Documents
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-16: ANNEX G Compulsory Enterprise Questionnaire

The following particulars hereunder must be furnished.

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

partner/member must be completed and submitted.

Section 1: Name of enterprise:

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

Name Identity number Personal income tax

number

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

Company registration number

Close corporation number

Tax reference number:

Section 7: The attached SBD4 must be completed for each tender and be
attached as a tender requirement.
Section 8: The attached SBD 6 must be completed for each tender and be
attached as a requirement.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 1 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the
enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African
Revenue Services that my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner,
manager, director or other person, who wholly or partly exercises, or may exercise,
control over the enterprise appears on the Register of Tender Defaulters established
in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

iii) confirms that no partner, member, director or other person, who wholly or partly
exercises, or may exercise, control over the enterprise appears, has within the last
five years been convicted of fraud or corruption;

iv) confirms that I / we are not associated, linked or involved with any other tendering
entities submitting tender offers and have no other relationship with any of the
tenderers or those responsible for compiling the scope of work that could cause or be
interpreted as a conflict of interest; and

v) confirms that the contents of this questionnaire are within my personal knowledge
and are to the best of my belief both true and correct.

Signed Date

Name Position

Enterprise
name

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 2 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

SBD 6.1
PREFERENCE POINTS CLAIM FORM
This preference form must form part of all bids invited. It contains general information and
serves as a claim for preference points for Specific Goals contribution. Transnet will award
preference points to companies who provide valid proof of evidence as per the table of evidence
in paragraph 4.1 below.

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 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;
(b) B-BBEE Status Level of Contribution; and
(c) Any other specific goal determined in the Transnet preferential procurement policy
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE1 or 2 80
B-BBEE STATUS LEVEL OF CONTRIBUTION

• B-BBEE Level of contributor (1 or 2) -5 points 20

• +50% Black Youth Owned Entities – 5 Points
• 30% Black women Owned entities - 5 Points
• Entities Owned by People with Disability (PWD) – 5 Points

Total points for Price and B-BBEE must not exceed 100

1.5 Failure on the part of a bidder to submit proof of evidence required for any of the specific
goals together with the bid will be interpreted to mean that preference points for that
specific goal are not claimed.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 3 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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;
(c) “B-BBEE status level of contributor” means the B-BBEE status received by a
measured entity based on its overall performance using the relevant scorecard
contained in the Codes of Good Practice on Black Economic Empowerment, issued
in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(d) “bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the supply/provision of services, works or goods,
through price quotations, advertised competitive bidding processes or proposals;
(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice
under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003
(Act No. 53 of 2003);
(g) “functionality” means the ability of a bidder to provide goods or services in
accordance with specification as set out in the bid documents
(h) “Price” includes all applicable taxes less all unconditional discounts.
(i) “Proof of B-BBEE Status Level of Contributor”
i) the B-BBBEE status level certificate issued by an authorised body or person;
ii) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or
iii) any other requirement prescribed in terms of the B-BBEE Act.
(j) “QSE” means a Qualifying Small 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);
(k) “rand value” means the total estimated value of a contract in South African
currency, calculated at the time of bid invitations, and includes all applicable taxes
and excise duties.
(l) Specific goals” means targeted advancement areas or categories of persons or
groups either previously disadvantaged or falling within the scope of the
Reconstruction and Development Programme identified by Transnet to be given
preference in allocation of procurement contracts in line with section 2(1) of the
PPPFA.
3. POINTS AWARDED FOR PRICE

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 4 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 points is allocated for price on the following basis:
80/20

Pt − P min 
Ps = 801 − 

 P min 
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
4. EVEDINCE REQUIRED FOR CLAIMING SPECIFIC GOALS

4.1 In terms of Transnet Preferential Procurement Policy (TPPP) and Procurement Manuals,
preference points must be awarded to a bidder for providing evidence in accordance
with the table below::

Specific Goals Acceptable Evidence

B-BBEE Certificate / Sworn- Affidavit / B-BBEE CIPC
B-BBEE Status contributor Certificate (in case of JV, a consolidated scorecard will be
accepted) as per DTIC guideline
B-BBEE Certificate / Sworn- Affidavit / B-BBEE CIPC
30% Black Women Owned Entities Certificate (in case of JV, a consolidated scorecard will be
accepted) as per DTIC guideline
Certified copy of ID Documents of the Owners and B-BBEE
Certificate / Sworn- Affidavit / B-BBEE CIPC Certificate (in
+50% Black Youth Owned Entities
case of JV, a consolidated scorecard will be accepted) as
per DTIC guideline
Entities Owned by People with Certified copy of ID Documents of the Owners / Doctor’s
Disability (PWD) note and /or EEA1 form confirming the disability
Entities/Black People living in rural Entity ‘s Municipal/ESKOM bill or letter from Induna/chief
areas confirming residential address not older than 3 months.
South African Enterprises CIPC Certificate
EME or QSE 51% Black Owned B-BBEE Certificate / Sworn-Affidavit / CIPC Certificate
CI B-BBEE Certificate / Sworn- Affidavit / B-BBEE CIPC
Entities that are 51 % Black
Certificate (in case of JV, a consolidated scorecard will be
Owned
accepted) as per DTIC guideline
Promoting exports Orientated for Section…........... Job Creation Schedule Returnable
Job creation documents
Local Content and Local
Production Returnable Local Content and production Annexures
NIPP NIPP Returnable documents
Creation of new jobs and labour Section…........... Job Creation Schedule Returnable
intensification documents
The promotion of supplier Sub-contracting agreements and Declaration / Joint
development through sub- Venture Agreement and CIPC – B-BBEE Certificate /
contracting or JV for a minimum of Sworn- Affidavit / B-BBEE CIPC Certificate as per DTIC
CPM 2020 Rev 05 Part T2: Returnable Schedules
Page 5 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

30% of the value of a contract to guideline

South African Companies which
are:
I. 30% Black Women, 51%
Black Youth and 51%
Black people with
disabilities
II. Entities with a specified
minimum B-BBEE level (1
and 2)
III. EMEs and/or QSEs who
are 51% black-owned

The promotion of enterprises

located in a specific CIPC – B-BBEE Certificate / Sworn- Affidavit / B-BBEE
province/region/municipal area for CIPC Certificate (in case of JV, a consolidated scorecard
work to be done or services to be will be accepted) as per DTIC guidelines and Proof
rendered in that Registered address of entity
province/region/municipal area

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

Enterprise B-BBEE Certificate & Sworn Affidavit

Large Certificate issued by SANAS accredited verification agency

QSE Certificate issued by SANAS accredited verification agency

Sworn Affidavit signed by the authorised QSE representative and
attested by a Commissioner of Oaths confirming annual turnover and
black ownership (only black-owned QSEs - 51% to 100% Black owned)
[Sworn affidavits must substantially comply with the format that can be
obtained on the DTI’s website at
www.dti.gov.za/economic_empowerment/bee_codes.jsp.]
EME1 Sworn Affidavit signed by the authorised EME representative and
attested by a Commissioner of Oaths confirming annual turnover and
black ownership
Certificate issued by CIPC (formerly CIPRO) confirming annual turnover
and black ownership
Certificate issued by SANAS accredited verification agency only if the
EME is being measured on the QSE scorecard

4.3 A trust, consortium or joint venture (including unincorporated consortia and joint
ventures) must submit a consolidated B-BBEE Status Level verification certificate for
every separate bid.

1
In terms of the Implementation Guide: Preferential Procurement Regulations, 2017, Version 2, paragraph 11.11 provides that in
the Transport Sector, EMEs can provide a letter from accounting officer or get verified and be issued with a B-BBEE certificate by
SANAS accredited professional or agency as the Transport Sector Code has not been aligned to the generic Codes. EMEs in the
Transport Sector are not allowed to provide a sworn affidavit as the generic codes are not applicable to them.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 6 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

4.4 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status
level certificates in terms of the specialized scorecard contained in the B-BBEE Codes
of Good Practice.
4.5 A person will not be awarded points for B-BBEE status level if it is indicated in the bid
documents that such a bidder intends sub-contracting more than 25% of the value of
the contract to any other enterprise that does not qualify for at least the points that
such a bidder qualifies for, unless the intended sub-contractor is an EME that has the
capability and ability to execute the sub-contract.
4.6 A person awarded a contract may not sub-contract more than 25% of the value of the
contract to any other enterprise that does not have an equal or higher B-BBEE status
level than the person concerned, unless the contract is sub-contracted to an EME that
has the capability and ability to execute the sub-contract.
4.7 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE
requirements may be changed from time to time by regulatory bodies such as National
Treasury or the DTI. It is the Bidder’s responsibility to ensure that his/her bid complies
fully with all B-BBEE requirements at the time of the submission of the bid.
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF
PARAGRAPHS 1.4 AND 6.1
6.1 B-BBEE Status Level of Contribution: . = ………(maximum of 20 points)
(Points claimed in respect of paragraph 6.1 must be in accordance with the table
reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE
status level of contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

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

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 7 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

8. DECLARATION WITH REGARD TO COMPANY/FIRM

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

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

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

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 8 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraph 1.4 and 6.1, the contractor may be required to furnish documentary
proof to the satisfaction of the purchaser that the claims are correct;
iv) If a bidder submitted false information regarding its B-BBEE status level of
contributor,, which will affect or has affected the evaluation of a bid, or where a
bidder has failed to declare any subcontracting arrangements or any of the
conditions of contract have not been fulfilled, the purchaser may, in addition to
any other remedy it may have
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a
result of that person’s conduct;
(c) cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due to
such cancellation;
(d) if the successful bidder subcontracted a portion of the bid to
another person without disclosing it, Transnet reserves the right to
penalise the bidder up to 10 percent of the value of the contract;
(e) recommend that the bidder or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted by the National Treasury from
obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other
side) rule has been applied; and
(f) forward the matter for criminal prosecution.

WITNESSES ……………………………………….
1. …………………………………….. SBD4
SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..
2. …………………………………….

BIDDER’S DISCLOSURE

1. PURPOSE OF THE FORM

Any person (natural or juristic) may make an offer or offers in terms of this
invitation to bid. In line with the principles of transparency, accountability,
impartiality, and ethics as enshrined in the Constitution of the Republic of South
Africa and further expressed in various pieces of legislation, it is required for the
bidder to make this declaration in respect of the details required hereunder.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 9 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

Where a person/s are listed in the Register for Tender Defaulters and / or the List
of Restricted Suppliers, that person will automatically be disqualified from the bid
process.

2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners
or any person having a controlling interest2 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if
applicable, state employee numbers of sole proprietor/ directors / trustees /
shareholders / members/ partners or any person having a controlling interest in
the enterprise, in table below.
Full Name Identity Number Name of State
institution

2.2 Do you, or any person connected with the bidder, have a relationship with any
person who is employed by the procuring institution? YES/NO

2.2.1 If so, furnish particulars:

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

2.3 Does the bidder or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest in the enterprise have any
interest in any other related enterprise whether or not they are bidding for this
contract? YES/NO

2 the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and
decisions of the enterprise.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 10 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

2.3.1 If so, furnish particulars:

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

3 DECLARATION

I, the undersigned,
(name)… ..................................................................................................... in submitting
the accompanying bid, do hereby make the following statements that I certify to
be true and complete in every respect:

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

3.2 I understand that the accompanying bid will be disqualified if this disclosure is
found not to be true and complete in every respect;
3.3 The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor.
However, communication between partners in a joint venture or consortium3 will
not be construed as collusive bidding.
3.4 In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, specifications,
prices, including methods, factors or formulas used to calculate prices, market
allocation, the intention or decision to submit or not to submit the bid, bidding with
the intention not to win the bid and conditions or delivery particulars of the
products or services to which this bid invitation relates.
3.4 The terms of the accompanying bid have not been, and will not be, disclosed by
the bidder, directly or indirectly, to any competitor, prior to the date and time of
the official bid opening or of the awarding of the contract.

3.5 There have been no consultations, communications, agreements or

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

3.6 I am aware that, in addition and without prejudice to any other remedy provided
to combat any restrictive practices related to bids and contracts, bids that are
suspicious will be reported to the Competition Commission for investigation and
possible imposition of administrative penalties in terms of section 59 of the
Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted
from conducting business with the public sector for a period not exceeding ten
(10) years in terms of the Prevention and Combating of Corrupt Activities Act
No 12 of 2004 or any other applicable legislation.

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

3 Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 11 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

3 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME
IN TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22
ON PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN
MANAGEMENT SYSTEM SHOULD THIS DECLARATION PROVE TO BE
FALSE.

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

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

CPM 2020 Rev 05 Part T2: Returnable Schedules

Page 12 of 12 T2.2-16: Compulsory Questionnaire
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-17 NON-DISCLOSURE AGREEMENT

[…………….. 2020]

Part T2: Returnable Schedules

CPM 2020 Rev 02 Page 1 of 5 T2.2-17: Non-Disclosure Agreement
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

signatory:

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

TRANSNET SOC LTD

(Registration No. 1990/000900/30), a company incorporated and existing under the laws of South Africa, having its
principal place of business at Transnet Corporate Centre 138 Eloff Street , Braamfontein , Johannesburg 2000

and

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

(Registration No ..........................................),a private company incorporated and existing under the laws of South
Africa having its principal place of business at

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

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

WHEREAS
Transnet and the Company wish to exchange Information [as defined below] and it is envisaged that each party may
from time to time receive Information relating to the other in respect thereof. In consideration of each party making
available to the other such Information, the parties jointly agree that any dealings between them shall be subject to
the terms and conditions of this Agreement which themselves will be subject to the parameters of the Tender
Document.

IT IS HEREBY AGREED

1. INTERPRETATION
In this Agreement:

1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or sub-contractors,
or any Group member;

1.2 Bid or Bid Document (hereinafter Tender) means Transnet’s Request for Information [RFI] Request for
Proposal [RFP] or Request for Quotation [RFQ], as the case may be;

1.3 Confidential Information means any information or other data relating to one party [the Disclosing
Party] and/or the business carried on or proposed or intended to be carried on by that party and which
is made available for the purposes of the Bid to the other party [the Receiving Party] or its Agents by
the Disclosing Party or its Agents or recorded in agreed minutes following oral disclosure and any other
information otherwise made available by the Disclosing Party or its Agents to the Receiving Party or its
Agents, whether before, on or after the date of this Agreement, and whether in writing or otherwise,
including any information, analysis or specifications derived from, containing or reflecting such information
but excluding information which:

Part T2: Returnable Schedules

CPM 2020 Rev 02 Page 2 of 5 T2.2-17: Non-Disclosure Agreement
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

1.3.1 is publicly available at the time of its disclosure or becomes publicly available [other than as a result
of disclosure by the Receiving Party or any of its Agents contrary to the terms of this Agreement];
or

1.3.2 was lawfully in the possession of the Receiving Party or its Agents [as can be demonstrated by its
written records or other reasonable evidence] free of any restriction as to its use or disclosure prior
to its being so disclosed; or

1.3.3 following such disclosure, becomes available to the Receiving Party or its Agents [as can be
demonstrated by its written records or other reasonable evidence] from a source other than the
Disclosing Party or its Agents, which source is not bound by any duty of confidentiality owed, directly
or indirectly, to the Disclosing Party in relation to such information;

1.4 Group means any subsidiary, any holding company and any subsidiary of any holding company of either
party; and

1.5 Information means all information in whatever form including, without limitation, any information relating
to systems, operations, plans, intentions, market opportunities, know-how, trade secrets and business
affairs whether in writing, conveyed orally or by machine-readable medium.

2. CONFIDENTIAL INFORMATION

2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party] to the other
party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will not,
without the Disclosing Party’s written consent, directly or indirectly communicate or disclose [whether in
writing or orally or in any other manner] Confidential Information to any other person other than in
accordance with the terms of this Agreement.

2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and
commercial discussions between the parties in relation to the Tender or for the subsequent performance
of any contract between the parties in relation to the Tender.

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

2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose
set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are
made aware prior to the disclosure of any part of the Confidential Information that the same is
confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party
shall at all times remain liable for any actions of such Agents that would constitute a breach of this
Agreement; or

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

2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance
with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing
Party regarding the form, nature, content and purpose of such disclosure or any action which the Disclosing
Party may reasonably take to challenge the validity of such requirement.

Part T2: Returnable Schedules

CPM 2020 Rev 02 Page 3 of 5 T2.2-17: Non-Disclosure Agreement
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

2.5 In the event that any Confidential Information shall be copied, disclosed or used otherwise than as
permitted under this Agreement then, upon becoming aware of the same, without prejudice to any rights
or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the Disclosing
Party of such event and if requested take such steps [including the institution of legal proceedings] as shall
be necessary to remedy [if capable of remedy] the default and/or to prevent further unauthorised copying,
disclosure or use.

2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not
confer on the Receiving Party any rights, including intellectual property rights over the Confidential
Information whatsoever, beyond those contained in this Agreement.

3. RECORDS AND RETURN OF INFORMATION

3.1 The Receiving Party agrees to ensure proper and secure storage of all Information and any copies thereof.

3.2 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon request, of
the Confidential Information provided and any copies made thereof and, so far as is reasonably practicable,
of the location of such Confidential Information and any copies thereof.

3.3 The Company shall, within 7 [seven] days of receipt of a written demand from Transnet:

3.3.1 return all written Confidential Information [including all copies]; and

3.3.2 expunge or destroy any Confidential Information from any computer, word processor or other device
whatsoever into which it was copied, read or programmed by the Company or on its behalf.

3.4 The Company shall on request supply a certificate signed by a director as to its full compliance with the
requirements of clause 3.3.2 above.

4. ANNOUNCEMENTS

4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest
in the Tender without the prior written consent of the other party.

4.2 Neither party shall make use of the other party’s name or any information acquired through its dealings
with the other party for publicity or marketing purposes without the prior written consent of the other
party.

5. DURATION
The obligations of each party and its Agents under this Agreement shall survive the termination of any
discussions or negotiations between the parties regarding the Tender and continue thereafter for a period of
5 [five] years.

6. PRINCIPAL
Each party confirms that it is acting as principal and not as nominee, agent or broker for any other person and
that it will be responsible for any costs incurred by it or its advisers in considering or pursuing the Tender and
in complying with the terms of this Agreement.

Part T2: Returnable Schedules

CPM 2020 Rev 02 Page 4 of 5 T2.2-17: Non-Disclosure Agreement
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

7. ADEQUACY OF DAMAGES
Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any
other remedies available to it, either at law or in equity, for any such threatened or actual breach of this
Agreement, including specific performance, recovery of damages or otherwise.

8. PRIVACY AND DATA PROTECTION

8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section
14 of the Bill of Rights in connection with this Tender and shall procure that its personnel shall observe the
provisions of such Act [as applicable] or any amendments and re-enactments thereof and any regulations
made pursuant thereto.

8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational
measures in place against unauthorised or unlawful processing of data relating to the Tender and against
accidental loss or destruction of, or damage to such data held or processed by them.

9. GENERAL

9.1 Neither party may assign the benefit of this Agreement, or any interest hereunder, except with the prior
written consent of the other, save that Transnet may assign this Agreement at any time to any member
of the Transnet Group.

9.2 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver
of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right,
power or privilege under this Agreement or otherwise.

9.3 The provisions of this Agreement shall be severable in the event that any of its provisions are held by a
court of competent jurisdiction or other applicable authority to be invalid, void or otherwise unenforceable,
and the remaining provisions shall remain enforceable to the fullest extent permitted by law.

9.4 This Agreement may only be modified by a written agreement duly signed by persons authorised on behalf
of each party.

9.5 Nothing in this Agreement shall constitute the creation of a partnership, joint venture or agency between
the parties.

9.6 This Agreement will be governed by and construed in accordance with South African law and the parties
irrevocably submit to the exclusive jurisdiction of the South African courts.

Signed Date

Name Position

Tenderer

Part T2: Returnable Schedules

CPM 2020 Rev 02 Page 5 of 5 T2.2-17: Non-Disclosure Agreement
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-18: REQUEST FOR PROPOSAL – BREACH OF LAW

NAME OF COMPANY:

I / We do hereby certify that

I/we have/have not been found guilty during the preceding 5 (five) years of a serious breach of law,
including but not limited to a breach of the Competition Act, 89 of 1998, by a court of law, tribunal or
other administrative body. The type of breach that the Tenderer is required to disclose excludes
relatively minor offences or misdemeanours, e.g. traffic offences.

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

NATURE OF BREACH:

DATE OF BREACH:

Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Tenderer
from the tendering process, should that person or company have been found guilty of a serious
breach of law, tribunal or regulatory obligation.

Signed on this day of 20

SIGNATURE OF TENDER

CPM 2020 Rev01 Part T2: Returnable Schedules

Page 1 of 2 T2.2-18: RFP – Breach of Law
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

CPM 2020 Rev01 Part T2: Returnable Schedules

Page 2 of 2 T2.2-18: RFP – Breach of Law
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_

T2.2-19: RFP DECLARATION FORM

NAME OF COMPANY:

We do hereby certify that:

1. Transnet has supplied and we have received appropriate tender offers to any/all questions (as
applicable) which were submitted by ourselves for tender clarification purposes;

2. we have received all information we deemed necessary for the completion of this Tender;

3. at no stage have we received additional information relating to the subject matter of this tender
from Transnet sources, other than information formally received from the designated Transnet
contact(s) as nominated in the tender documents;

4. we are satisfied, insofar as our company is concerned, that the processes and procedures adopted
by Transnet in issuing this tender and the requirements requested from tenderers in responding
to this tender have been conducted in a fair and transparent manner; and

5. furthermore, we acknowledge that a direct relationship exists between a family member and/or
an owner / member / director / partner / shareholder (unlisted companies) of our company and
an employee or board member of the Transnet Group as indicated below: [Respondent to indicate
if this section is not applicable]
FULL NAME OF OWNER/MEMBER/DIRECTOR/
PARTNER/SHAREHOLDER: ADDRESS:

Indicate nature of relationship with Transnet:

[Failure to furnish complete and accurate information in this regard may lead to the
disqualification of your response and may preclude a Respondent from doing future
business with Transnet]

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 3 T2.2-19: RFP Declaration Form
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_
We declare, to the extent that we are aware or become aware of any relationship between
ourselves and Transnet (other than any existing and appropriate business relationship with
Transnet) which could unfairly advantage our company in the forthcoming adjudication process, we
shall notify Transnet immediately in writing of such circumstances.

6. We accept that any dispute pertaining to this tender will be resolved through the
Ombudsman process and will be subject to the Terms of Reference of the
Ombudsman. The Ombudsman process must first be exhausted before judicial
review of a decision is sought. (Refer “Important Notice to respondents” below).

7. We further accept that Transnet reserves the right to reverse a tender award or
decision based on the recommendations of the Ombudsman without having to
follow a formal court process to have such award or decision set aside.

8. We have acquainted ourselves and agree with the content of T2.2-21 “Service
Provider Integrity Pact”.

For and on behalf of

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

duly authorised thereto

Name:

Signature:

Date:

IMPORTANT NOTICE TO TENDERERS

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

• It is incumbent on the Tenderer to familiarise himself/herself with the Terms of Reference for the
Transnet Procurement Ombudsman, details of which are available for review at Transnet’s website
www.transnet.net.

• An official complaint form may be downloaded from this website and submitted, together with any
supporting documentation, within the prescribed period, to [email protected]

• For transactions below the R5,000,000.00 (five million S.A. Rand) threshold, a complaint may be
lodged with the Chief Procurement Officer of the relevant Transnet Operating Division.
CPM 2020 Rev 01 Part T2: Returnable Schedules
Page 2 of 3 T2.2-19: RFP Declaration Form
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_
• All Tenderers should note that a complaint must be made in good faith. If a complaint is made in
bad faith, Transnet reserves the right to place such a tenderer on its List of Excluded Bidders.

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 3 of 3 T2.2-19: RFP Declaration Form
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-20 : Supplier Code of Conduct

Transnet SOC Limited aims to achieve the best value for money when buying or selling goods
and obtaining services. This however must be done in an open and fair manner that supports
and drives a competitive economy. Underpinning our process are several acts and policies that
any supplier dealing with Transnet must understand and support. These are:

• The Transnet Procurement Policy – A guide for Tenderers.

• Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply
Chain Management): fair, equitable, transparent, competitive and cost effective;

• The Public Finance Management Act (PFMA);

• The Broad Based Black Economic Empowerment Act (BBBEE)

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

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

This code of conduct has been included in this contract to formally appraise Transnet Suppliers
of Transnet’s expectations regarding behaviour and conduct of its Suppliers.

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

Transnet is in the process of transforming itself into a self-sustaining State Owned Enterprise,
actively competing in the logistics industry. Our aim is to become a world class, profitable,
logistics organisation. As such, our transformation is focused on adopting a performance culture
and to adopt behaviours that will enable this transformation.

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

expects its suppliers to act in a similar manner.

• Transnet and its employees will follow the laws of this country and keep accurate
business records that reflect actual transactions with, and payments to, our
suppliers.

• Employees must not accept or request money or anything of value, directly or

indirectly, from suppliers.

• Employees may not receive anything that is calculated to:

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

of a sourcing activity;

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 3 T2.2-20: Supplier Code of Conduct
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

- Win or retain business or to influence any act or decision of any person involved
in sourcing decisions; or

- Gain an improper advantage.

• There may be times when a supplier is confronted with fraudulent or corrupt

behaviour of Transnet employees. We expect our Suppliers to use our “Tip-offs
Anonymous” Hot line to report these acts. (0800 003 056).

2. Transnet SOC Limited is firmly committed to the ideas of free and competitive
enterprise.

• Suppliers are expected to comply with all applicable laws and regulations regarding
fair competition and antitrust practices.

• Transnet does not engage with non-value adding agents or representatives solely
for the purpose of increasing BBBEE spend (fronting).

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

requirements, to exchange information and share mutual benefits.

• Generally, suppliers have their own business standards and regulations. Although
Transnet cannot control the actions of our suppliers, we will not tolerate any illegal
activities. These include, but are not limited to:

- Misrepresentation of their product (origin of manufacture, specifications,

intellectual property rights, etc);

- Collusion;

- Failure to disclose accurate information required during the sourcing activity

(ownership, financial situation, BBBEE status, etc.);

- Corrupt activities listed above; and

- Harassment, intimidation or other aggressive actions towards Transnet

employees.

• Suppliers must be evaluated and approved before any materials, components,

products or services are purchased from them. Rigorous due diligence is conducted
and the supplier is expected to participate in an honest and straight forward manner.

• Suppliers must record and report facts accurately, honestly and objectively. Financial
records must be accurate in all material respects.

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 2 of 3 T2.2-20: Supplier Code of Conduct
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

Conflicts of Interest

A conflict of interest arises when personal interests or activities influence (or appear to
influence) the ability to act in the best interests of Transnet SOC Limited.

• Doing business with family members.

• Having a financial interest in another company in our industry

Where possible, contracts will be negotiated to include the above in the terms of such contracts.
To the extent such terms are not included in contractual obligations and any of the above code
is breached, then Transnet reserves its right to review doing business with these suppliers.

I, of

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

Authority Resolution from Board of
Directors)

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

Signed this on day at

Signature

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 3 of 3 T2.2-20: Supplier Code of Conduct
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT
_

T2.2-21 Service Provider Integrity Pact

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

The contract with the successful tenderer will automatically incorporate this
Integrity Pact and shall be deemed as part of the final concluded contract.

INTEGRITY PACT

Between

TRANSNET SOC LTD

Registration Number: 1990/000900/30

(“Transnet”)

and

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 1 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

PREAMBLE

Transnet values full compliance with all relevant laws and regulations, ethical standards and
the principles of economical use of resources, fairness and transparency in its relations with
its Tenderers/Service Providers/Contractors.

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

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

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

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

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

1 OBJECTIVES

1.1 Transnet and the Tenderer/Service Provider/Contractor agree to enter into this
Integrity Pact, to avoid all forms of dishonesty, fraud and corruption including
practices that are anti-competitive in nature, negotiations made in bad faith and
under-pricing by following a system that is fair, transparent and free from any
influence/unprejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to:
a) Enable Transnet to obtain the desired contract at a reasonable and
competitive price in conformity to the defined specifications of the works,
goods and services; and
b) Enable Tenderers/Service Providers/Contractors to abstain from bribing or
participating in any corrupt practice in order to secure the contract.

2 COMMITMENTS OF TRANSNET

Transnet commits to take all measures necessary to prevent dishonesty, fraud and
corruption and to observe the following principles:

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

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 2 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

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

2.2 Transnet will, during the registration and tendering process treat all Tenderers/
Service Providers/Contractor with equity, transparency and fairness. Transnet
will in particular, before and during the registration process, provide to all
Tenderers/ Service Providers/Contractors the same information and will not
provide to any Tenderers/Service Providers/Contractors confidential/additional
information through which the Tenderers/Service Providers/Contractors could
obtain an advantage in relation to any tendering process.

2.3 Transnet further confirms that its employees will not favour any prospective
Tenderers/Service Providers/Contractors in any form that could afford an undue
advantage to a particular Tenderer during the tendering stage, and will further
treat all Tenderers/Service Providers/Contractors participating in the tendering
process in a fair manner.

2.4 Transnet will exclude from the tender process such employees who have any
personal interest in the Tenderers/Service Providers/Contractors participating in
the tendering process.

3 OBLIGATIONS OF THE TENDERER / SERVICE PROVIDER

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

a) Transnet officials and employees shall not solicit, give or accept, or from
agreeing to solicit, give, accept or receive directly or indirectly, any gift,
gratuity, favour, entertainment, loan, or anything of monetary value, from any
person or juridical entities in the course of official duties or in connection with
any operation being managed by, or any transaction which may be affected by
the functions of their office.
b) Transnet officials and employees shall not solicit or accept gifts of any kind,
from vendors, suppliers, customers, potential employees, potential vendors,
and suppliers, or any other individual or organisation irrespective of the value.
c) Under no circumstances should gifts, business courtesies or hospitality
packages be accepted from or given to prospective suppliers participating in a
tender process at the respective employee’s Operating Division, regardless of
retail value.
d) Gratuities, bribes or kickbacks of any kind must never be solicited, accepted or
offered, either directly or indirectly. This includes money, loans, equity, special
privileges, personal favours, benefit or services. Such favours will be considered
to constitute corruption.
T2.2-21 Service Provider Integrity Pact
CPM 2020 Rev02 Page 3 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

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

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

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

3.3 The Tenderer/Service Provider/Contractor will not collude with other parties
interested in the contract to preclude a competitive Tender price, impair the
transparency, fairness and progress of the tendering process, Tender evaluation,
contracting and implementation of the contract. The Tenderer / Service Provider
further commits itself to delivering against all agreed upon conditions as
stipulated within the contract.

3.4 The Tenderer/Service Provider/Contractor will not enter into any illegal or
dishonest agreement or understanding, whether formal or informal with other
Tenderers/Service Providers/Contractors. This applies in particular to
certifications, submissions or non-submission of documents or actions that are
restrictive or to introduce cartels into the tendering process.

3.5 The Tenderer/Service Provider/Contractor will not commit any criminal offence
under the relevant anti-corruption laws of South Africa or any other country.
Furthermore, the Tenderer/Service Provider/Contractor will not use for
illegitimate purposes or for restrictive purposes or personal gain, or pass on to
others, any information provided by Transnet as part of the business relationship,
regarding plans, technical proposals and business details, including information
contained or transmitted electronically.

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

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 4 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

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

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

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

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

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

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

3.10 The Tenderer/Service Provider/Contractor confirms that they will uphold the ten
principles of the United Nations Global Compact (UNGC) in the fields of Human
Rights, Labour, Anti-Corruption and the Environment when undertaking business
with Transnet as follows:

a) Human Rights

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

internationally proclaimed human rights; and

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

b) Labour

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

effective recognition of the right to collective bargaining;

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

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

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

occupation.

c) Environment

• Principle 7: Businesses should support a precautionary approach to

environmental challenges;

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 5 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

and

• Principle 9: encourage the development and diffusion of environmentally

friendly technologies.

d) Anti-Corruption

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

4 INDEPENDENT TENDERING

4.1 For the purposes of that Certificate in relation to any submitted Tender, the
Tenderer declares to fully understand that the word “competitor” shall include
any individual or organisation, other than the Tenderer, whether or not affiliated
with the Tenderer, who:

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

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

4.2 The Tenderer has arrived at his submitted Tender independently from, and
without consultation, communication, agreement or arrangement with any
competitor. However communication between partners in a joint venture or
consortium will not be construed as collusive tendering.

4.3 In particular, without limiting the generality of paragraph 5 above, there has
been no consultation, communication, agreement or arrangement with any
competitor regarding:

a) prices;
b) geographical area where Goods or Services will be rendered [market
allocation];
c) methods, factors or formulas used to calculate prices;
d) the intention or decision to submit or not to submit, a Tender;
e) the submission of a Tender which does not meet the specifications and
conditions of the RFP; or
f) tendering with the intention of not winning the Tender.

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

arrangements with any competitor regarding the quality, quantity, specifications

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 6 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

and conditions or delivery particulars of the Goods or Services to which his/her

tender relates.

4.5 The terms of the Tender as submitted have not been, and will not be, disclosed
by the Tenderer, directly or indirectly, to any competitor, prior to the date and
time of the official Tender opening or of the awarding of the contract.

4.6 Tenderers are aware that, in addition and without prejudice to any other remedy
provided to combat any restrictive practices related to Tenders and contracts,
Tenders that are suspicious will be reported to the Competition Commission for
investigation and possible imposition of administrative penalties in terms of
section 59 of the Competition Act No 89 of 1998 and/or may be reported to the
National Prosecuting Authority [NPA] for criminal investigation and/or may be
restricted from conducting business with the public sector for a period not
exceeding 10 [ten] years in terms of the Prevention and Combating of Corrupt
Activities Act No 12 of 2004 or any other applicable legislation.

4.7 Should the Tenderer find any terms or conditions stipulated in any of the relevant
documents quoted in the Tender unacceptable, it should indicate which
conditions are unacceptable and offer alternatives by written submission on its
company letterhead, attached to its submitted Tender. Any such submission shall
be subject to review by Transnet’s Legal Counsel who shall determine whether
the proposed alternative(s) are acceptable or otherwise, as the case may be.

5 DISQUALIFICATION FROM TENDERING PROCESS

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

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

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

through a violation of section 3, or any material violation, such as to put its
reliability or credibility into question. Transnet may after following due
procedures and at its own discretion also exclude the Tenderer/Service Provider
/Contractor from future tendering processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity
will be determined by the circumstances of the case, which will include amongst
others the number of transgressions, the position of the transgressors within the
company hierarchy of the Tenderer/Service Provider/Contractor and the amount

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 7 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

years. However, Transnet reserves the right to impose a longer period of
exclusion, depending on the gravity of the misconduct.

5.3 If the Tenderer/Service Provider/Contractor can prove that it has restored the
damage caused by it and has installed a suitable corruption prevention system,
or taken other remedial measures as the circumstances of the case may require,
Transnet may at its own discretion revoke the exclusion or suspend the imposed
penalty.

6 TRANSNET’S LIST OF EXCLUDED TENDERERS (BLACKLIST)

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

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

6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s
Supply Chain Policy and Procurement Procedures Manual (CPM included) are
included herein by way of reference. Below follows a condensed summary of this
restriction procedure.

6.3 On completion of the restriction procedure, Transnet will submit the restricted
entity’s details (including the identity number of the individuals and registration
number of the entity) to National Treasury for placement on National Treasury’s
Database of Restricted Suppliers for the specified period of exclusion. National
Treasury will make the final decision on whether to restrict an entity from doing
business with any organ of state for a period not exceeding 10 years and place
the entity concerned on the Database of Restricted Suppliers published on its
official website.

6.4 The decision to restrict is based on one of the grounds for restriction. The standard
of proof to commence the restriction process is whether a “prima facie” (i.e. on
the face of it) case has been established.

6.5 Depending on the seriousness of the misconduct and the strategic importance of
the Goods/Services, in addition to restricting a company/person from future
business, Transnet may decide to terminate some or all existing contracts with the
company/person as well.

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 8 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

6.6 A Service Provider or Contractor to Transnet may not subcontract any portion of
the contract to a blacklisted company.

6.7 Grounds for blacklisting include: If any person/Enterprise which has submitted a
Tender, concluded a contract, or, in the capacity of agent or subcontractor, has
been associated with such Tender or contract:

a) Has, in bad faith, withdrawn such Tender after the advertised closing date
and time for the receipt of Tenders;
b) has, after being notified of the acceptance of his Tender, failed or refused
to sign a contract when called upon to do so in terms of any condition
forming part of the Tender documents;
c) has carried out any contract resulting from such Tender in an unsatisfactory
manner or has breached any condition of the contract;
d) has offered, promised or given a bribe in relation to the obtaining or
execution of the contract;
e) has acted in a fraudulent or improper manner or in bad faith towards
Transnet or any Government Department or towards any public body,
Enterprise or person;
f) has made any incorrect statement in a certificate or other communication
with regard to the Local Content of his Goods or his B-BBEE status and is
unable to prove to the satisfaction of Transnet that:

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

and

(ii) before making such statement he took all reasonable steps to satisfy
himself of its correctness;
g) caused Transnet damage, or to incur costs in order to meet the contractor’s
requirements and which could not be recovered from the contractor;
h) has litigated against Transnet in bad faith.

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

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 9 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

6.9 Companies associated with the person/s guilty of misconduct (i.e. entities owned,
controlled or managed by such persons), any companies subsequently formed
by the person(s) guilty of the misconduct and/or an existing company where
such person(s) acquires a controlling stake may be considered forblacklisting.
The decision to extend the blacklist to associated companies will beat the sole
discretion of Transnet.

7 PREVIOUS TRANSGRESSIONS

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

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

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

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

8 SANCTIONS FOR VIOLATIONS

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

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

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 10 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

9 CONFLICTS OF INTEREST

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

a) A Transnet employee has a personal financial interest in a tendering / supplying
entity; and
b) A Transnet employee has private interests or personal considerations or has an
affiliation or a relationship which affects, or may affect, or may be perceived to
affect his / her judgment in action in the best interest of Transnet, or could affect
the employee’s motivations for acting in a particular manner, or which could result
in, or be perceived as favouritism or nepotism.

9.2 A Transnet employee uses his / her position, or privileges or information obtained
while acting in the capacity as an employee for:
a) Private gain or advancement; or
b) The expectation of private gain, or advancement, or any other advantage accruing
to the employee must be declared in a prescribed form.

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

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

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

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

9.4 The Tenderer/Service Provider/Contractor shall not lend to or borrow any money
from or enter into any monetary dealings or transactions, directly or indirectly,
with any committee member or any person involved in the sourcing process,
where this is done, Transnet shall be entitled forthwith to rescind the contract
and all other contracts with the Tenderer/Service Provider/Contractor.

10 DISPUTE RESOLUTION

10.1 Transnet recognises that trust and good faith are pivotal to its relationship with
its Tenderer / Service Provider / Contractor. When a dispute arises between
Transnet and its Tenderer / Service Provider / Contractor, the parties should use
their best endeavours to resolve the dispute in an amicable manner, whenever
possible. Litigation in bad faith negates the principles of trust and good faith on
which commercial relationships are based. Accordingly, following a blacklisting
process as mentioned in paragraph 6 above, Transnet will not do business with
a company that litigates against it in bad faith or is involved in any action that

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 11 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

11 GENERAL

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

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

11.3 The validity of this Integrity Pact shall cover all the tendering processes and will
be valid for an indefinite period unless cancelled by either Party.

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

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

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

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

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

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 12 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

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

T2.2-21 Service Provider Integrity Pact

CPM 2020 Rev02 Page 13 of 13 Private & Confidential
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-22: Forecast Rate of Invoicing

Tenderer to submit the forecast rate of invoicing (cash-flow) based on the Tender Price and
Tender Programme.

Index of documentation attached to this schedule:

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 2 T2.2-22: Forecast Rate of Invoicing
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM
FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 2 of 2 T2.2-22: Forecast Rate of Invoicing
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-23: Insurance provided by the Contractor

Clause 84.1 in NEC3 Engineering & Construction Contract (June 2005)(amended June 2006 and
April 2013) requires that the Contractor provides the insurance stated in the insurance table
except any insurance which the Employer is to provide as stated in the Contract Data.
Please provide the following details for insurance which the Contractor is still to provide.
Notwithstanding this information all costs related to insurance are deemed included in the
tenderer’s rates and prices.
Insurance against Name of Insurance
Cover Premium
(See clause 84.2 of the ECC) Company
Liability for death of or bodily injury to
employees of the Contractor arising out of
and in the course of their employment in
connection with this contract
Motor Vehicle Liability Insurance comprising
(as a minimum) "Balance of Third Party"
Risks including Passenger and Unauthorised
Passenger Liability indemnity with a minimum
indemnity limit of R5 000 000/R10 000 000.
Insurance in respect of loss of or damage to
own property and equipment.

CPM 2020 – Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-24: Insurance provided by the Contractor
TRANSNET ENGINEERING
Tender Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN PLANT

T2.2-24: Three (3) years audited financial statements

Attached to this schedule is the last three (3) years audited financial
statements of the single tenderer/members of the Joint Venture.

NAME OF COMPANY/IES and INDEX OF ATTACHMENTS:

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

CPM 2020 Rev 01 Part T2: Returnable Schedules

Page 1 of 1 T2.2-24: Three (3) Years of financial statements
SBD1
T2.2-24: SBD1 Form

PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET ENGINEERING, A DIVISION TRANSNET SOC LTD
12
September
BID NUMBER: TE/2023/06/0032/33777/RFP CLOSING DATE: CLOSING TIME: 10:00am
2023
FOR THE UPGRADE, INSTALLATION, TESTING, AND COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY
DESCRIPTION BUSINESS BLOEMFONTEIN PLANT
BID RESPONSE DOCUMENTS SUBMISSION
Transnet has implemented a new electronic tender submission system, the e-Tender Submission Portal, in line with the overall
Transnet digitalization strategy where suppliers can view advertised tenders, register their information, log their intent to respond to
bids and upload their bid proposals/responses on to the system.
RESPONDENTS ARE TO UPLOAD THEIR BID RESPONSE PROPOSALS ONTO THE TRANSNET SYSTEM AGAINST EACH
TENDER/RFQ SELECTED.
The Transnet e-Tender Submission Portal can be accessed as follows:
▪ Log on to the Transnet eTenders management platform website/Portal (transnetetenders.azurewebsites.net) (please use Google
Chrome to access Transnet link/site free of charge);
▪ Click on “ADVERTISED TENDERS” to view advertised tenders;
▪ Click on “SIGN IN/REGISTER – for bidder to register their information (must fill in all mandatory information);
▪ Click on “SIGN IN/REGISTER” - to sign in if already registered;
▪ Toggle (click to switch) the “Log an Intent” button to submit a bid;
▪ Submit bid documents by uploading them into the system against each tender selected.
No late submissions will be accepted. The bidder guide can be found on the Transnet Portal transnetetenders.azurewebsites.net

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Nonhlanhla Mafoko CONTACT PERSON Nonhlanhla Mafoko
TELEPHONE NUMBER 012 391 1433 TELEPHONE NUMBER 012 391 1433
FACSIMILE NUMBER N/A FACSIMILE NUMBER N/A
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
SUPPLIER COMPLIANCE TAX COMPLIANCE SYSTEM CENTRAL UNIQUE REGISTRATION REFERENCE
STATUS PIN: SUPPLIER NUMBER:
OR
DATABASE
No: MAAA:
B-BBEE STATUS LEVEL TICK APPLICABLE BOX] B-BBEE STATUS [TICK APPLICABLE BOX]
VERIFICATION CERTIFICATE LEVEL SWORN
AFFIDAVIT
Yes No Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN
ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

1
SBD1
ARE YOU A
ARE YOU THE ACCREDITED
FOREIGN BASED Yes No
REPRESENTATIVE IN SOUTH
Yes No SUPPLIER FOR THE
AFRICA FOR THE GOODS
GOODS /SERVICES [IF YES, ANSWER THE
/SERVICES /WORKS
[IF YES ENCLOSE PROOF] /WORKS OFFERED? QUESTIONNAIRE BELOW]
OFFERED?

QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS
SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 BELOW.

2
SBD1
PART B
TERMS AND CONDITIONS FOR BIDDING

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

(Proof of authority must be submitted e.g. company resolution)

DATE: …………………………………………...

3
TRANSNET ENGINEERING
Contract Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND
COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN
PLANT

C1.1: Form of Offer & Acceptance

Offer

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

Title of the Contract

The tenderer, identified in the Offer signature block, has

either examined the documents listed in the Tender Data and addenda thereto as listed in the
Returnable Schedules, and by submitting this Offer has accepted the Conditions of
Tender.

or examined the draft contract as listed in the Acceptance section and agreed to provide
this Offer.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form
of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the
Contractor under the contract including compliance with all its terms and conditions according to
their true intent and meaning for an amount to be determined in accordance with the conditions of
contract identified in the Contract Data.

The offered total of the Prices exclusive of VAT is R

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

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer
and Acceptance and returning one copy of this document including the Schedule of Deviations (if
any) to the tenderer before the end of the period of validity stated in the Tender Data, or other
period as agreed, whereupon the tenderer becomes the party named as the Contractor in the
conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the
tenderer:

(Insert name and address of organisation)

Name & Date
signature of
witness

CPM 2020 Rev01 Page 1 of 6 C1.1 Form of Offer and Acceptance

TRANSNET ENGINEERING
Contract Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND
COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN
PLANT

Tenderer’s CIDB registration number:

CPM 2020 Rev01 Page 2 of 6 C1.1 Form of Offer and Acceptance

Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the
tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount duein
accordance with the conditions of contract identified in the Contract Data. Acceptance of the
tenderer’s Offer shall form an agreement between the Employer and the tenderer upon the terms
and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

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

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the
above listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda
thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed
by the tenderer and the Employer during this process of offer and acceptance, are contained in the
Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No
amendments to or deviations from said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the
Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract
Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other
documentation to be provided in terms of the conditions of contract identified in the Contract Data
at, or just after, the date this agreement comes into effect. Failure to fulfil any of these obligations
in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the
tenderer receives one fully completed original copy of this document, including the Schedule of
Deviations (if any).

CPM 2020 Rev01 Page 3 of 6 C1.1 Form of Offer and Acceptance

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies
the Employer in writing of any reason why he cannot accept the contents of this agreement, this
agreement shall constitute a binding contract between the Parties.

Signature(s)

Name(s)

Capacity

for the Transnet SOC Ltd

Employer

(Insert name and address of organisation)

Name &
signature of Date
witness

CPM 2020 Rev01 Page 4 of 6 C1.1 Form of Offer and Acceptance

Schedule of Deviations
Note:
1. To be completed by the Employer prior to award of contract. This part of the Offer &
Acceptance would not be required if the contract has been developed by negotiation between
the Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the
tender closing date is limited to those permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any
matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement
reached during the process of Offer and Acceptance, the outcome of such agreement shall
be recorded here and the final draft of the contract documents shall be revised to incorporate
the effect of it.

No. Subject Details

1
2
3
4
5

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and
the tenderer agree to and accept this Schedule of Deviations as the only deviations from and
amendments to the documents listed in the Tender Data and any addenda thereto listed in the
Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer
agreed by the tenderer and the Employer during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied
during the period between the issue of the tender documents and the receipt by the tenderer of a
completed signed copy of this Form shall have any meaning or effect in the contract between the
parties arising from this Agreement.

For the tenderer: For the Employer

Signature

Name

Capacity

On behalf (Insert name and address of organisation) Transnet SOC Ltd

Name &
signature
of witness

CPM 2020 Rev01 Page 5 of 6 C1.1 Form of Offer and Acceptance

Date

CPM 2020 Rev01 Page 6 of 6 C1.1 Form of Offer and Acceptance

C1.2 Contract Data

Part one - Data provided by the Employer

Clause Statement Data

1 General

The conditions of contract are the

core clauses and the clauses for
main Option

A: Priced contract with activity schedule

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2 Changes in the law

X7: Delay damages

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and

Construction Contract June 2005
(amended June 2006 and April
2013)

10.1 The Employer is: Transnet SOC Ltd

(Registration No. 1990/000900/30)

CPM 2020 Rev 02 PAGE 1 Part C1: Contract Data

Contract Data provided by the Employer
TRANSNET ENGINEERING
Contract Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND
COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN
PLANT

Address Registered address:

Transnet Corporate Centre
138 Eloff Street
Braamfontein
Johannesburg
2000
Having elected its Contractual
Address for the purposes of this Transnet Engineering
contract as: Lynette Street
Koedoespoort Road
Koedoespoort
Pretoria
0186

10.1 The Project Manager is: (Name) Sibonelo Msizazwe

Address Transnet Engineering,

Transnet Road
Hilton
Bloemfontein
9313

Tel N/A

e-mail N/A

10.1 The Supervisor is: (Name) ………………..

Address ………………..

Tel No. ………………..

e-mail ………………..

11.2(13) The works are FOR THE UPGRADE, INSTALLATION,

TESTING, AND COMMISSIONING OF
EXTRACTION SYSTEM FOR FOUNDRY
BUSINESS BLOEMFONTEIN PLANT

11.2(14) The following matters will be

included in the Risk Register

11.2(15) The boundaries of the site are As stated in Part C4.1.”Description of the Site
and it surroundings”

11.2(16) The Site Information is in Part C4

11.2(19) The Works Information is in Part C3

CPM 2020 Rev 02 PAGE 2 Part C1: Contract Data

12.2 The law of the contract is the law the Republic of South Africa subject to the
of jurisdiction of the Courts of South Africa.

13.1 The language of this contract is English

13.3 The period for reply is 2 weeks

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

responsibilities of the conditions of contract.

3 Time

11.2(3) The completion date for the whole TBC

of the works is

11.2(9) The key dates and the conditions Condition to be met key date
to be met are:

30.1 The access dates are Part of the Site Date

1 TBC

31.1 The Contractor is to submit a first 2 weeks of the Contract Date.

programme for acceptance within

31.2 The starting date is TBC

32.2 The Contractor submits revised

programmes at intervals no 2 weeks
longer than

35.1 The Employer is not willing to take

over the works before the
Completion Date.

4 Testing and Defects

42.2 The defects date is 52 (fifty two) weeks after Completion of the
whole of the works.

43.2 The defect correction period is 2 weeks

CPM 2020 Rev 02 PAGE 3 Part C1: Contract Data

5 Payment

50.1 The assessment interval is 25th (twenty fifth) day of each successive
monthly on the month.

51.1 The currency of this contract is South African Rand.

the

51.2 The period within which payments Payment will be effected on or before the last
are made is day of the month following the month during
which a valid Tax Invoice and Statement
were received.

51.4 The interest rate is the prime lending rate of Standard Bank of
South Africa.

6 Compensation events

60.1(13) The weather measurements to be

recorded for each calendar month the cumulative rainfall (mm)
are,

the number of days with rainfall more than

10 mm

the number of days with minimum air

temperature less than 0 degrees Celsius

the number of days with snow lying at 08:00

hours South African Time

and these measurements:

The place where weather is to be

recorded (on the Site ) is: Bloemfontein

The weather data are the records

of past weather measurements
for each calendar month which Bloemfontein
were recorded at:

and which are available from: South African Weather Service 012 367 6023
or [email protected].

7 Title No additional data is required for this section

of the conditions of contract.

8 Risks and insurance

CPM 2020 Rev 02 PAGE 4 Part C1: Contract Data

80.1 These are additional Employer's

risks

84.1 The Employer provides these

insurances from the Insurance
Table

1 Insurance against: Loss of or damage to the works, Plant and

Materials is as stated in the Insurance policy
for Contract Works/ Public Liability.

Cover / indemnity: to the extent as stated in the insurance policy

for Contract Works / Public Liability

The deductibles are: as stated in the insurance policy for Contract

Works / Public Liability

2 Insurance against: Loss of or damage to property (except the

works, Plant and Materials & Equipment) and
liability for bodily injury to or death of a
person (not an employee of the Contractor)
arising out of or in connection with the
performance of the Contract as stated in the
insurance policy for Contract Works / Public
Liability

Cover / indemnity Is to the extent as stated in the insurance

policy for Contract Works / Public Liability

The deductibles are as stated in the insurance policy for Contract

Works / Public Liability

3 Insurance against: Loss of or damage to Equipment (Temporary

Works only) as stated in the insurance policy
for contract Works and Public Liability

Cover / indemnity Is to the extent as stated in the insurance

policy for Contract Works / Public Liability

The deductibles are: As stated in the insurance policy for Contract

Works / Public Liability

4 Insurance against: Contract Works SASRIA insurance subject to

the terms, exceptions and conditions of the
SASRIA coupon

CPM 2020 Rev 02 PAGE 5 Part C1: Contract Data

Cover / indemnity Cover / indemnity is to the extent provided

by the SASRIA coupon

The deductibles are The deductibles are, in respect of each and

every theft claim, 0,1% of the contract value
subject to a minimum of R2,500 and a
maximum of R25,000.

Note: The deductibles for the insurance as stated

above are listed in the document titled
“Certificate of Insurance: Transnet (SOC)
Limited Principal Controlled Insurance.”

84.1 The minimum limit of indemnity

for insurance in respect of death
of or bodily injury to employees of The Contractor must comply at a minimum
the Contractor arising out of and with the provisions of the Compensation for
in the course of their employment Occupational Injuries and Diseases Act No.
in connection with this contract 130 of 1993 as amended.
for any one event is

The Contractor provides these 1 Where the contract requires that the
additional Insurances design of any part of the works shall be
provided by the Contractor the Contractor
shall satisfy the Employer that
professional indemnity insurance cover in
connection therewith has been affected

2 Where the contract involves manufacture,

and/or fabrication of Plant & Materials,
components or other goods to be
incorporated into the works at premises
other than the site, the Contractor shall
satisfy the Employer that such plant &
materials, components or other goods for
incorporation in the works are adequately
insured during manufacture and/or
fabrication and transportation to the site.

CPM 2020 Rev 02 PAGE 6 Part C1: Contract Data

3 Should the Employer have an insurable

interest in such items during manufacture,
and/or fabrication, such interest shall be
noted by endorsement to the Contractor’s
policies of insurance as well as those of
any sub-contractor

4 Motor Vehicle Liability Insurance

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

5 The insurance coverage referred to in 1,

2, 3, and 4 above shall be obtained from
an insurer(s) in terms of an insurance
policy approved by the Employer. The
Contractor shall arrange with the insurer
to submit to the Project Manager the
original and the duplicate original of the
policy or policies of insurance and the
receipts for payment of current
premiums, together with a certificate
from the insurer or insurance broker
concerned, confirming that the policy or
policies provide the full coverage as
required. The original policy will be
returned to the Contractor.

84.2 The minimum limit of indemnity

for insurance in respect of loss of Whatever the Contractor requires in
or damage to property (exceptthe addition to the amount of insurance taken
works, Plant, Materials and out by the Employer for the same risk.
Equipment) and liability for bodily
injury to or death of a person (not
an employee of the Contractor)
caused by activity in connection
with this contract for any one
event is

CPM 2020 Rev 02 PAGE 7 Part C1: Contract Data

84.2 The insurance against loss of or Principal Controlled Insurance policy for
damage to the works, Plant and Contract
Materials as stated in the
insurance policy for contract
works and public liability selected
from:

9 Termination There is no additional Contract Data required

for this section of the conditions of contract.

10 Data for main Option clause

A Priced contract with Activity No additional data is required for this Option.
Schedule

11 Data for Option W1

W1.1 The Adjudicator is Both parties will agree as and when a dispute
arises. If the parties cannot reach an
agreement on the Adjudicator, the Chairman
of the Association of Arbitrators will appoint
an Adjudicator.

W1.2(3) The Adjudicator nominating body The Chairman of the Association of

is: Arbitrators (Southern Africa)

If no Adjudicator nominating body

is entered, it is: the Association of Arbitrators (Southern
Africa)

W1.4(2) The tribunal is: Arbitration

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

The place where arbitration is to Gauteng, South Africa

be held is

The person or organisation who

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

CPM 2020 Rev 02 PAGE 8 Part C1: Contract Data

12 Data for secondary Option

clauses

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

X7 Delay damages

X7.1 Delay damages for Completion of

the whole of the works are R1000 per calendar day

X16 Retention

X16.1 The retention free amount is Nil

The retention percentage is 5% on all payments certified.

X18 Limitation of liability

X18.1 The Contractor’s liability to the Nil

Employer for indirect or
consequential loss is limited to: The deductible of the relevant insurance
policy
X18.2 For any one event, the
Contractor’s liability to the
Employer for loss of or damage
to the Employer’s property is
limited to: The cost of correcting the Defect

X18.3 The Contractor’s liability for

Defects due to his design which
are not listed on the Defects
Certificate is limited to: The Total of the Prices

X18.4 The Contractor’s total liability to

the Employer for all matters
arising under or in connection
with this contract, other than 1 year after Completion of the whole of the
excluded matters, is limited to: works

X18.5 The end of liability date is

Z Additional conditions of
contract are:

CPM 2020 Rev 02 PAGE 9 Part C1: Contract Data

Z1 Additional clauses relating to

Joint Venture

Z1.1 Insert the additional core clause 27.5

27.5. In the instance that the Contractor is

a joint venture, the Contractor shall provide
the Employer with a certified copy of its
signed joint venture agreement, and in the
instance that the joint venture is an
‘Incorporated Joint Venture,’ the
Memorandum of Incorporation, within 4
(four) weeks of the Contract Date.
The Joint Venture agreement shall contain
but not be limited to the following:

• A brief description of the Contractand

the Deliverables;
• The name, physical address,
communications addresses and
domicilium citandi et executandi of
each of the constituents and of the
Joint Venture;
• The constituent’s interests;
• A schedule of the insurance policies,
sureties, indemnities and guarantees
which must be taken out by the Joint
Venture and by the individual
constituents;
• Details of an internal dispute
resolution procedure;
• Written confirmation by all of the
constituents:
i. of their joint and several
liabilities to the Employer to
Provide the Works;
ii. identification of the lead
partner in the joint venture
confirming the authority of the
lead partner to bind the joint
venture through the
Contractor’s representative;

CPM 2020 Rev 02 PAGE 10 Part C1: Contract Data

iii. Identification of the roles and

responsibilities of the
constituents to provide the
Works.
• Financial requirements for the Joint
Venture:
iv. the working capital
requirements for the Joint
Venture and the extent to
which and manner whereby
this will be provided and/or
guaranteed by the
constituents from time to
time;
v. the names of the auditors and
others, if any, who will provide
auditing and accounting
services to the Joint Venture.

Z1.2 Insert additional core clause 27.6

27.6. The Contractor shall not alter its

composition or legal status of the Joint
Venture without the prior approval of the
Employer.

Z2 Additional obligations in
respect of Termination

Z2.1 The following will be included under core

clause 91.1:
In the second main bullet, after the word
‘partnership’ add ‘joint venture whether
incorporate or otherwise (including any
constituent of the joint venture)’ and

Under the second main bullet, insert the

following additional bullets after the last
sub-bullet:

• commenced business rescue

proceedings (R22)
• repudiated this Contract (R23)

CPM 2020 Rev 02 PAGE 11 Part C1: Contract Data

Z2.2 Termination Table The following will be included under core

clause 90.2 Termination Table as follows:

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

reason other than R1 – R23”

Z2.3 Amend “R1 – R15 or R18” to “R1 – R15, R18,

R22 or R23.”

Z3 Right Reserved by the

Employer to Conduct Vetting
through SSA

Z3.1 The Employer reserves the right to conduct

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

1. Confidential – this clearance is based

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

2. Secret – clearance is based on any

information which may be used by
malicious, opposing or hostile
elements to disrupt the objectives
and functions of an organ of state.
3. Top Secret – this clearance is based
on information which may be used by
malicious, opposing or hostile
elements to neutralise the objectives
and functions of an organ of state.

CPM 2020 Rev 02 PAGE 12 Part C1: Contract Data

Z4 Additional Clause Relating to

Collusion in the Construction
Industry

Z4.1 The contract award is made without

prejudice to any rights the Employer may
have to take appropriate action later with
regard to any declared tender rigging
including blacklisting.

Z5 Protection of Personal
Information Act

Z5.1 The Employer and the Contractor are

required to process information obtainedfor
the duration of the Agreement in a manner
that is aligned to the Protection of Personal
Information Act.

CPM 2020 Rev 02 PAGE 13 Part C1: Contract Data

C1.2 Contract Data

Part two - Data provided by the Contractor

The tendering Contractor is advised to read both the NEC3 Engineering and Construction Contract -
June 2005 (with amendments June 2006 and April 2013) and the relevant parts of its Guidance
Notes (ECC3-GN) in order to understand the implications of this Data which the tenderer is required
to complete. An example of the completed Data is provided on pages 156 to 158 of the ECC3
Guidance Notes.

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

Clause Statement Data

10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and

24.1 The Contractor's key persons are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

Responsibilities:

Qualifications:

Experience:

CPM 2020 Rev 02 PAGE 1 Part C1: Contract Data

CV's (and further key persons data

including CVs) are appended to Tender
Schedule entitled .

11.2(14) The following matters will be included

in the Risk Register

31.1 The programme identified in the

Contract Data is

A Priced contract with activity

schedule

11.2(20) The activity schedule is in

11.2(30) The tendered total of the Prices is (in figures)

(in words), excluding VAT

Note “SCC” means Schedule of Cost

Data for Schedules of Cost Components starting on page 60 of ECC, and
Components “SSCC” means Shorter Schedule of Cost
Components starting on page 63 of ECC.

A Priced contract with activity Data for the Shorter Schedule of Cost
schedule Components

41 in The percentage for people overheads %

SSCC is:

21 in The published list of Equipment is the

SSCC last edition of the list published by

The percentage for adjustment for

Equipment in the published list is % (state plus or minus)

22 in The rates of other Equipment are: Equipment Size or Rate

SSCC capacity

CPM 2020 Rev 02 PAGE 2 Part C1: Contract Data

61 in The hourly rates for Defined Cost of

SSCC design outside the Working Areas are Category of employee Hourly rate

62 in The percentage for design overheads is %

SSCC

63 in The categories of design employees

SSCC whose travelling expenses to and from
the Working Areas are included in
Defined Cost are:

CPM 2020 Rev 02 PAGE 3 Part C1: Contract Data

PART 2: PRICING DATA

Document reference Title No of

pages
C2.1 Pricing instructions: Option A
C2.2 Activity Schedule

CPM 2020 REV01

Contract PAGE 1 C2
Part C2: Pricing Data Cover
TRANSNET ENGINEERING
Contract Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND
COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN
PLANT

C2.1 Pricing Instructions: Option A

1. The conditions of contract

1.1. How the contract prices work and assesses it for progress payments

Clause 11 in NEC3 Engineering and Construction Contract, June 2005, (with amendments June
2006 and April 2013) (ECC) Option A states:

Identified 11
and (20) The Activity Schedule is the activity schedule unless later changed in
defined 11.2 accordance with this contract.
terms (22) Defined Cost is the cost of the components in the Shorter Schedule of
Cost Components whether work is subcontracted or not excluding the cost of
preparing quotations for compensation events.
(27) The Price for Work Done to Date is the total of the Prices for
• each group of completed activities and
• each completed activity which is not in a group
A completed activity is one which is without Defects which would either delay
or be covered by immediately following work.
(30) The Prices are the lump sums for each of the activities on the Activity
Schedule unless later changed in accordance with this contract.

1.2. Measurement and Payment

1.2.1 The Activity Schedule provides the basis of all valuations of the Price for Work Done to Date,
payments in multiple currencies, price adjustments for inflation and general progress
monitoring.

1.2.2 The amount due at each assessment date is based on completed activities and/or
milestones as indicated on the Activity Schedule.

1.2.3 The Activity Schedule work breakdown structure provided by the Contractor is based on the
Activity Schedule provided by the Employer. The activities listed by the Employer are the
minimum activities acceptable and identify the specific activities which are required to achieve
Completion. The activity schedule work breakdown structure is compiled to the satisfaction
of the Project Manager with any additions and/or amendments deemednecessary.

1.2.4 The Contractor’s detailed Activity Schedule summates back to the Activity Schedule provided
by the Employer and is in sufficient detail to monitor completion of activities related to the
Accepted Programme in order that payment of completed activities may be assessed.

Contract PAGE 1 Part C2: Pricing Data

CPM 2020 Rev 01 C2.1: Pricing instructions ECC Option A
TRANSNET ENGINEERING
Contract Number: TE/2023/06/0032/33777/RFP
Description of the Works: FOR THE UPGRADE, INSTALLATION, TESTING, AND
COMMISSIONING OF EXTRACTION SYSTEM FOR FOUNDRY BUSINESS BLOEMFONTEIN
PLANT

1.2.5 The short descriptions in the Activity Schedule are for identification purposes only. All work
described in the Works Information is deemed included in the activities.

1.2.6 The Activity Schedule is integrated with the Prices, Accepted Programme and where required
the forecast rate of payment schedule.

1.2.7 Activities in multiple currencies are separately identified on both the Activity Schedule and
the Accepted Programme for each currency.

1.2.8 The tendered total of the prices as stated in the Contract Data is obtained from the Activity
Schedule summary. The tendered total of the prices includes for all direct and indirect costs,
overheads, profits, risks, liabilities and obligations relative to the Contract.

Contract PAGE 2 Part C2: Pricing Data

C2.2 Activity Schedule

The Tenderer details his Activity Schedule below or makes reference to his Activity Schedule and
attaches it to this schedule.

The details given below serve as guidelines only and the Tenderer may split or combine the activities
to suit his particular methods.

Activity Price of each

Activity Description Unit Rate Quantity
No activity
A1

Total Price to be carried over to the Form of Offer & Acceptance

Contract PAGE 1 C2.2

Part C2: Pricing Data Activity Schedule
TRANSNET ENGINEERING
UPGRADE, TESTING AND COMISSIONING OF EXTRACTION
SYSTEM FOR FOUNDRY BUSINESS

PROJECT SPECIFICATION

Table of Contents

1. Introduction ........................................................................................................................ 3
2. Scope .................................................................................................................................. 3
3. Health and Safety…………………………………………………………………………2
4. Specific Requirements……………………………………………………………………4

Document No: TE-IMS-PEMM-P&E-BFN-SPEC 034 Version: 1.0

Specification for the upgrade of extraction system
©Transnet SOC Ltd
2
1. Introduction
1.1 This specification is for the upgrade, installation, testing and commissioning of
Extraction System for Foundry Business.
1.2 All offers shall be complete including the installation of the extraction system
and connecting to an electrical feed.

2.Scope

2.1. Transnet Engineering wishes to upgrade Extraction system with a full

maintenance contract during the guarantee period. Transnet Engineering will
monitor the technical performance, as well as effectiveness of the
maintenance service contract for the guarantee period.
2.2 This specification states the minimum requirements relating to the work and in
no way absolves the contractor from responsibility for sound engineering
practice. Any omissions or sub-standard requirements of this specification must
be brought to the attention of Transnet Engineering at tender stage and optional
prices for addressing such omissions must be provided.
2.3 The electrical connection of the system shall be the responsibility of the tenderer
– an accredited contractor will be required.
3. Health and Safety and Operational Requirements
3.1 All equipment and installation whether detailed in this specification or not shall
comply with the requirements of the Occupational Health and Safety Act 85 of
1993 and its regulations.
3.2 At all times during upgrade the contractor will be responsible for the safety of all
persons on the site and the equipment.
3.3. All tenderers shall ensure that they fully understand the environment in which
the upgrade will be done. It is an explicit requirement of this contract that all of
the Contractors personnel directly involved with this contract, including those of
sub-contractor to attend a safety induction course. Transnet will provide the
course free of charge and attendance is compulsory for all personnel under the
control of the contractor who during the duration of the contract will be present
on site whether on a full time or ad-hoc basis.
3.4. The successful contractor is required to conduct a risk assessment to ascertain
all potential risks associated with this project. The completed risk assessment is
to be formally submitted to the risk department via the project manager at least
2 weeks prior to the commencement of the actual project. A safety file and
associated documents will be required from the successful tenderer, and such
will be communicated by the risk department.
3.5. The employees of the contractor shall always adhere to Transnet Engineering's
security and safety procedures
3.6. The appropriate PPE, Safety harnesses, SABS approved scaffolding to be always
used.
3.7. Contractors shall always adhere to covid 19 regulations.
Document No: TE-IMS-PEMM-P&E-BFN-SPEC 034 Version: 1.0
Specification for the upgrade of extraction system
©Transnet SOC Ltd
3
4. Specific Requirements

Contractors shall complete the following information by writing “Comply” where she/he
meets the specification or give a brief description where his/her offer differs.

Item Required Details of

No: offer
Comply
yes/Do not
Comply
4. Core Section
4.1. Filter house
Modify the filter house to accommodate an activated charcoal
4.1.1.
filter that would absorb toxic gas.
4.2. Broken Windows
4.2.1. Replace broken windows with clear tampered glass windows.
4.2.2. Shooter enclosures roof-plates
Replace and modify the shooter enclosures roof-plates and
4.2.3.
repair any other air leaks to enable negative pressure inside
the enclosures.
Saftronics Furnace
4.3.
Upgrade ducting to discharge at higher level and with the main
4.3.1.
outside wind direction.
Install water scrubber as filtration system and improve ventilation
4.3.2.
system.
Sand Plant
4.4
4.4. 1 Foundation
4.4.1.1. Use existing precast concrete foundation to house the filter
bag system.
4.4.2. Design, Supply and install Extraction system
4.4.2.1. Design, supply, install and commission filter bag extraction
system complete with suction pipes and canopy. The system
must conform to Air quality Act standards.
4.4.2.2. The extraction system must be painted such that their
outward appearance must be very visible.
4.4.2.3. All painting shall be done with strict adherence to the SANS
1091:2012 standard for colours.
4.4.2.4. All system must be painted with corrosion protection in mind
Document No: TE-IMS-PEMM-P&E-BFN-SPEC 034 Version: 1.0
Specification for the upgrade of extraction system
©Transnet SOC Ltd
4
and specifically the following:
• No entrapment of dirt, product, moisture, etc.
• No sharp corners and discontinuous welds
4.4.3. Electrical Requirements
4.4.3.1 All electrical installations shall only be done by an accredited
electrical contractor.
4.4.3.2. All cables shall be neatly installed on cable ladders/trays or in
trunking.
4.4.3.3. All cables buried shall be buried at a depth of 500mm and
shall be labelled on both ends.
4.4.3.4. Control panel and wiring shall be done according to the
electrical schematics. All components shall be identified by
labels, notices, and rating plates as per clause 4.2 of SANS
10142-1:2021
4.5. Documentation:
4.5.1 Documentation at tender stage:
4.5.1.1 Electrical contractor’s registration with Department of Labour
as Installation electrician.
4.5.2. Documentation before any work can commence:
4.5.2.1 Filter bag system design, Electrical schematics, single line
diagram and the selection of cable sizes, cable lengths, way
of installation with detailed calculations from designer or
electrical contractor.

4.5.3. Documents on the day of testing and commissioning:

4.5.3.1 4 sets off hard copies each with a USB flash drive containing
documentation in PDF Format.
4.5.3.2 Operating Manual.
4.5.3.3 Maintenance Manual.
4.5.3.4 Electrical Schematics.
4.5.3.5 Mechanical Drawings.
4.5.3.6 COC for electrical installation.
4.5.3.7 Test certificate to prove that the system conforms to Air
quality Act Standards.
4.6. Guarantee
4.6.1. The supplier shall guarantee for a period 12 months after
successful commissioning of the project and that all
Document No: TE-IMS-PEMM-P&E-BFN-SPEC 034 Version: 1.0
Specification for the upgrade of extraction system
©Transnet SOC Ltd
5
components, plant equipment and material are new and fit for
the specific purpose which they are purchased, and free from
any defects in design, workmanship, and material.
4.6.2. The supplier shall clearly stipulate the nature of the
guarantee and how long it will take their maintenance staff to
be on site. Transnet Engineering requires a response time of
not more than 24 hours. (Response time shall be the time
from receiving a call until the time the company technicians
arrive on site to attend to situation).
4.6.3 Should the supplier fail, when called upon, to make good or
remedy a defect (under guarantee or declared inherent)
within a reasonable time, Transnet Engineering may affect
the repair and thereafter recover from the supplier all cost
and expenses associated with the supplier.
4.6.4 The service provider shall be fully responsible for any
damage caused to all supplied equipment and to Transnet
Engineering’s assets during the installation, testing and
commissioning. The service provider shall conduct a risk
assessment as to identify anything that might hinder the
installation of the equipment.
4.7 General
4.7.1. All material used shall be SANS approved, A-grade first
class.
4.7.2. All civil works necessary for the installation of the Extraction
System must be quoted and attached to the tender
document.
4.7.3. All rubble shall be removed on a daily base.

Document No: TE-IMS-PEMM-P&E-BFN-SPEC 034 Version: 1.0

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