Request For Quotation - Hire of Tipper Truck
Request For Quotation - Hire of Tipper Truck
Request For Quotation - Hire of Tipper Truck
PROVISION OF SERICES FOR THE HIRING OF TWO (2) HORSE - REAR TIPPER TRAILER
COMBINATION ,30 TON TRUCK FOR THE OFFLOADING OF MANGANESE ORE FOR CAPE TOWN
CONTAINER TERMINAL FOR A PERIOD OF SIX (6) MONTHS
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET PORT TERMINALS, A DIVISION
TRANSNET SOC LTD
14 15
ISSUE December CLOSING January CLOSING
BID NUMBER: TPT/2023/12/0011/52568/RFQ DATE: 2023 DATE: 2023 TIME: 16:00
FOR THE PROVISION OF SERVICES FOR THE HIRING OF 2X HORSE - REAR TIPPER TRAILER
COMBINATION ,30 TON TRUCK FOR THE OFFLOADING OF MANGANESE ORE FOR CAPE TOWN CONTAINER
DESCRIPTION TERMINAL FOR A PERIOD OF SIX (6) MONTHS
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 Noloyiso Alam CONTACT PERSON Noloyiso Alam
TELEPHONE NUMBER 021 449 3478 TELEPHONE NUMBER 021 449 3478
B-BBEE STATUS LEVEL TICK APPLICABLE BOX] B-BBEE STATUS LEVEL [TICK APPLICABLE BOX]
VERIFICATION CERTIFICATE SWORN AFFIDAVIT
Yes No
Yes No
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 3 of 28
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT MUST BE SUBMITTED FOR PURPOSES OF
COMPLIANCE WITH THE B-BBEE ACT]
1 ARE YOU THE ACCREDITED 2 ARE YOU A
REPRESENTATIVE IN SOUTH FOREIGN BASED Yes No
AFRICA FOR THE GOODS Yes No SUPPLIER FOR THE
/SERVICES /WORKS OFFERED? GOODS /SERVICES [IF YES, ANSWER
[IF YES ENCLOSE PROOF] /WORKS OFFERED? QUESTIONAIRE BELOW ]
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.
PART B
TERMS AND CONDITIONS FOR BIDDING
1. TAX COMPLIANCE REQUIREMENTS
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
DATE:
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 4 of 28
1 Responses to RFQ
Responses to this RFQ [Quotations] must not include documents or reference relating to any other quotation or
proposal. Any additional conditions must be embodied in an accompanying letter.
2 Formal Briefing
A formal briefing session will not be held but should Respondents have specific queries they should email these to
the Transnet employee(s) indicated in paragraph 3 [Communication] below:
2.1 Bidders are required to confirm their attendance and to send their contact details including the number of
representatives (where applicable) to the following address: [email protected]. This is to ensure
that Transnet may make the necessary arrangements for the briefing session.
3 Communication
3.1 Specific queries relating to this RFQ before the closing date of the RFQ should be submitted onto the
system and to [email protected] before 12:00 pm on Friday, 12 January 2024. In the
interest of fairness and transparency Transnet’s response to such a query will then be made available to
other bidders.
3.2 It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or employee
of Transnet in respect of this RFQ between the closing date and the date of the award of the business.
3.3 Respondents found to be in collusion with one another will be automatically disqualified and restricted
from doing business with organs of state for a specified period.
3.4 Respondents may also, at any time after the closing date of the RFQ, communicate with the name of
delegated individual on any matter relating to its RFQ response:
4 Legal Compliance
The successful Respondent shall be in full and complete compliance with any and all applicable national and local
laws and regulations.
Respondents must comply with the requirements of the Employment Equity Act 55 of 1998 applicable to it
including (but not limited to) Section 53 of the Employment Equity Act.
6 Changes to Quotations
Changes by the Respondent to its submission will not be considered after the closing date and time.
7 Binding Offer
Any Quotation furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this
statement must be clearly and specifically indicated.
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 5 of 28
8 Disclaimers
8.1 Respondents are hereby advised that Transnet is not committed to any course of action as a result of its
issuance of this RFQ and/or its receipt of a Quotation in response to it. Please note that Transnet reserves
the right to:
• modify the RFQ’s goods / service(s) and request Respondents to re-bid on any changes;
• reject any Quotation which does not conform to instructions and specifications which are detailed
herein;
• disqualify Quotations submitted after the stated submission deadline;
• not necessarily accept the lowest priced Quotation or an alternative bid;
• place an order in connection with this Quotation at any time after the RFQ’s closing date;
• award only a portion of the proposed goods / services which are reflected in the scope of this RFQ;
• split the award of the order/s between more than one Supplier/Service Provider should it at Transnet’s
discretion be more advantageous in terms of, amongst others, cost or developmental considerations;
• cancel the quotation process;
• validate any information submitted by Respondents in response to this bid. This would include, but is
not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid,
Respondents hereby irrevocably grant the necessary consent to Transnet to do so;
• request audited financial statements or other documentation for the purposes of a due diligence
exercise;
• not accept any changes or purported changes by the Respondent to the bid rates after the closing
date and/or after the award of the business, unless the contract specifically provides for it;
• to cancel the contract and/request that National Treasury place the Respondent on its Database of
Restricted Suppliers for a period not exceeding 10 years, on the basis that a contract was awarded on
the strength of incorrect information furnished by the Respondent or on any other basis recognised in
law;
• award the business to the next ranked bidder, provided that he/she is still prepared to provide the
required Goods/Services at the quoted price, should the preferred bidder fail to sign or commence with
the contract within a reasonable period after being requested to do so. Under such circumstances, the
validity of the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether
the next ranked bidder(s) were notified of their bid being unsuccessful. Bidders may therefore be
requested to advise whether they would still be prepared to provide the required Goods/Services at
their quoted price.
• Should a bidder fail to respond to a request for extension of the validity period before it expires, that
bidder will be excluded from tender process.
9 Specification/Scope of Work
10 Legal review
A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed
contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business.
11 Security clearance
Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing
the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 6 of 28
CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful
Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement
all such security measures as the safe performance of the contract may require.
Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been
established to centrally administer supplier information for all organs of state and facilitate the verification of
certain key supplier information. Transnet is required to ensure that price quotations are invited and accepted
from prospective bidders listed on the CSD. Business may not be awarded to a respondent who has failed to
register on the CSD. Only foreign suppliers with no local registered entity need not register on the CSD. The CSD
can be accessed at https://secure.csd.gov.za/.
For this purpose, the attached SBD 1 Form must be completed and submitted as a mandatory
returnable document by the closing date and time of the bid.
13 Tax Compliance
Respondents must be compliant when submitting a proposal to Transnet and remain compliant for the entire
contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 (Act No. 58
of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991).
It is a condition of this bid that the tax matters of the successful Respondents be in order, or that satisfactory
arrangements have been made with South African Revenue Service (SARS) to meet the Respondents tax
obligations.
The Tax Compliance status requirements are also applicable to foreign Respondents/ individuals who wish to
submit bids.
Where Consortia / Joint Ventures / Sub-contractors are involved, each party must be registered on the Central
Supplier Database and their tax compliance status will be verified through the Central Supplier Database.
Transnet urges its clients, suppliers and the general public to report any fraud or corruption to
TIP-OFFS ANONYMOUS:
SECTION 3
EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS
Technical Pre-qualification
Criteria/minimum
requirements/legal Technical / Functional
requirements criteria & weightings
must be stipulated in the
tender document
-
-
• Whether all Returnable Documents and/or schedules [where applicable] were Section 3
1
completed and returned by the closing date and time
• Verify if the Bid document has been duly signed by the authorised respondent All sections
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 8 of 28
Returnable Document
The test for administrative responsiveness [Step One] must be passed for a Respondent’s
Proposal to progress to Step Two for further pre-qualification
• Whether any general and legislation qualification criteria set by All sections
Transnet, have been met
• Whether the Bid contains a priced offer Section 4 - Quotation Form
• Whether the Bid materially complies with the scope and/or All Sections
specification given
Not applicable
The test for substantive responsiveness [Step Two] must be passed for a Respondent’s
proposal to progress to Step Three for further evaluation
The minimum threshold for technical/functionality [Step Three] must be met or exceeded for a
Respondent’s Proposal to progress to Step Four for final evaluation
1
Only unconditional discounts will be taken into account during evaluation. A discount which has been offered conditionally will, despite not being
taken into account for evaluation purposes, be implemented when payment is effected
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 9 of 28
Returnable Document
PS = 80
Where:
Ps = Score for the Bid under consideration
Pt = Price of Bid under consideration
Pmin = Price of lowest acceptable Bid
2 Validity Period
Transnet requires a validity period of 90 [ninety] Business Days from the closing date of this RFQ, excluding
the first day and including the last day.
Bidders are to note that they may be requested to extend the validity period of their bid, on the same terms
and conditions, if the internal evaluation process has not been finalised within the validity period. However,
once the adjudication body has approved the process and award of the business to the successful bidder(s),
the validity of the successful bidder(s)’ bid will be deemed to remain valid until a final contract has been
concluded.
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 10 of 28
Returnable Document
Domestic Prominent Influential Persons (DPIP) OR Foreign Prominent Public Officials (FPPO)
Transnet is free to procure the services of any person within or outside the Republic of South Africa in
accordance with applicable legislation. Transnet shall not conduct or conclude business transactions, with any
Respondents without having:
▪ Considered relevant governance protocols;
▪ Determined the DPIP or FPPO status of that counterparty; and
▪ Conducted a risk assessment and due diligence to assess the potential risks that may be posed by the
business relationship.
As per the Transnet Domestic Prominent Influential Persons (DPIP) and Foreign Prominent Public Officials
(FPPO) and Related Individuals Policy available on Transnet website
https://www.transnet.net/search/pages/results.aspx?k=FPIDP#k=DPIP, Respondents are required to disclose
any commercial relationship with a DPIP or FPPO (as defined in the Policy) by completing the following
section:
The below form contains personal information as defined in the Protection of Personal Information Act,
2013 (the “Act”). By completing the form, the signatory consents to the processing of her/his personal
information in accordance with the requirements of the Act. Consent cannot unreasonably be withheld.
Is the Respondent
(Complete with a “Yes” or “No”)
A DPIP/FPPO Closely Related Closely
to a DPIP/FPPO Associated to a
DPIP/FPPO
List all known business interests, in which a DPIP/FPPO may have a direct/indirect interest
or significant participation or involvement.
No Name of Role in the Shareholding Registration Status
Entity / Entity / % Number (Mark the applicable
Business Business option with an X)
(Nature of Active Non-Active
interest/
Participation)
1
2
3
Respondents declaring a commercial relationship with a DPIP or FPPO are to note that Transnet is required to
annually publish on its website a list of all business contracts entered into with DPIP or FPPO. This list will
include successful Respondents, if applicable.
4 Returnable Documents
Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below.
There are three types of returnable documents as indicated below and Respondents are urged to ensure that
these documents are returned with their bids based on the consequences of non-submission as indicated
below:
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 11 of 28
Returnable Document
Mandatory Returnable Documents Failure to provide all these Mandatory Returnable Documents
at the Closing Date and time of this RFQ will result in a
Respondent’s disqualification.
Returnable Documents Used for Failure to provide all Returnable Documents used for
Scoring purposes of scoring a bid, by the closing date and time of this
bid will not result in a Respondent’s disqualification.
However, Bidders will receive an automatic score of zero for
the applicable evaluation criterion.
Essential Returnable Documents Failure to provide essential Returnable Documents will result
in Transnet affording Respondents a further opportunity to
submit by a set deadline. Should a Respondent thereafter fail
to submit the requested documents, this may result in a
Respondent’s disqualification.
All Returnable Sections, as indicated in the header and footer of the relevant pages, must be signed,
stamped and dated by the Respondent.
Respondents are required to submit with their bid submissions the following Mandatory Returnable
Documents, and also to confirm submission of these documents by so indicating [Yes or No] in the tables
below:
Submitted
Mandatory Returnable Documents
[Yes or No]
ANNEXURE C – Pricing Schedule
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 12 of 28
Returnable Document
SUBMITTED
RETURNABLE DOCUMENTS USED FOR SCORING [Yes or No]
4. Lead time from award of contract, The Service Provider shall submit the
signed letterhead agreeing on the indicated time for delivery.
CSD Report - Proof of National Treasury’s Central Supplier Database (CSD) Registration
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 13 of 28
Returnable Document
SECTION 4
QUOTATION FORM
I/We_________________________________________________________________________________
hereby offer to supply the goods/services at the prices quoted in the Price Schedule below, in accordance with
the conditions related thereto.
• the Standard RFQ Terms and Conditions for the Supply of Goods or Services to Transnet; and
• any other standard or special conditions embodied in this Request for Quotation.
I/We accept that unless Transnet should otherwise decide and so inform me/us, this Quotation [and, if any,
its covering letter and any subsequent exchange of correspondence], together with Transnet’s acceptance
thereof shall constitute a binding contract between Transnet and me/us. I/We further agree that if, after I/we
have been notified of the acceptance of my/our Quotation, I/we fail to deliver the said goods/service/s within
the delivery lead-time quoted, Transnet may, without prejudice to any other legal remedy which it may have,
cancel the order and recover from me/us any expenses incurred by Transnet in calling for Quotations afresh
and/or having to accept any less favourable offer.
Price Schedule
I/We quote as follows for the goods/services required, on a “delivered nominated destination” basis, including
VAT:
Refer to Annexure C
Respondents are to note that Transnet will round off final pricing scores to the nearest 2 (two) decimal
places.
Notes to Pricing:
a) Respondents are to note that if the price offered by the highest scoring bidder is not market-related,
Transnet may not award the contract to that Respondent. Transnet may-
(i) negotiate a market-related price with the Respondent scoring the highest points or cancel the RFQ;
(ii) if that Respondent does not agree to a market-related price, negotiate a market-related price with
the Respondent scoring the second highest points or cancel the RFQ;
(iii) if the Respondent scoring the second highest points does not agree to a market-related price,
negotiate a market-related price with the Respondent scoring the third highest points or cancel the
RFQ.
If a market-related price is not agreed with the Respondent scoring the third highest points, Transnet
must cancel the RFQ.
c) Any disbursement not specifically priced for will not be considered/accepted by Transnet.
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 14 of 28
Returnable Document
d) To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this price
schedule and not utilise a different format. Deviation from this pricing schedule could result in a bid
being disqualified.
e) Please note that should you have offered a discounted price(s), Transnet will only consider such price
discount(s) in the final evaluation stage if offered on an unconditional basis.
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 15 of 28
Returnable Document
SECTION 5
CERTIFICATE OF ACQUAINTANCE WITH RFQ DOCUMENTS
By signing this certificate the Respondent is deemed to acknowledge that he/she has made
himself/herself thoroughly familiar with, and agrees with all the conditions governing this RFQ. This
includes those terms and conditions contained in any printed form stated to form part hereof, including
but not limited to the documents stated below. As such, Transnet will recognise no claim for relief
based on an allegation that the Respondent overlooked any such term or condition or failed properly to
take it into account in calculating tendered prices or any other purpose:
Note: Should a Respondent be successful and awarded the bid, they will be required to complete a Supplier
Declaration Form for registration as a vendor onto the Transnet vendor master database.
Should the Bidder find any terms or conditions stipulated in any of the relevant documents quoted in the RFQ
unacceptable, it should indicate which conditions are unacceptable and offer alternatives by written submission on its
company letterhead, attached to its submitted Bid. Any such submission shall be subject to review by Transnet’s
Legal Counsel who shall determine whether the proposed alternative(s) are acceptable or otherwise, as the case may
be. A material deviation from the Standard terms or conditions could result in disqualification.
Bidders accept that an obligation rests on them to clarify any uncertainties regarding any bid to which they intend to
respond, before submitting the bid. The Bidder agrees that he/she will have no claim or cause of action based on an
allegation that any aspect of this RFQ was unclear but in respect of which he/she failed to obtain clarity.
The bidder understands that his/her Bid will be disqualified if this Certificate of Acquaintance with RFQ documents
included in the RFQ as a returnable document, is found not to be true and/ or complete in every respect.
1 _____________________ _______________________________________
Name _________________ _______________________________________
2 _____________________ _______________________________________
Name _________________ _______________________________________
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 16 of 28
Returnable Document
SECTION 6
RFQ DECLARATION AND BREACH OF LAW FORM
10. If such a relationship as indicated in paragraph 7, 8 and/or 9 exists, the Respondent is to complete
the following section:
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 17 of 28
Returnable Document
________________________________________________________________________________
________________________________________________________________________________
[Failure to furnish complete and accurate information in this regard will lead to the
disqualification of a response and may preclude a Respondent from doing future business with
Transnet]. Information provided in the declarations may be used by Transnet and/or its affiliates
to verify the correctness of the information provided.
11. 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 entity in the forthcoming adjudication process, we shall notify Transnet
immediately in writing of such circumstances.
12.1 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.
12.2 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.
13 Bidder’s declaration
13.1.1. 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.
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.
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 18 of 28
Returnable Document
13.2 Do you, or any person connected with the bidder, have a relationship with
any person who is employed by the procuring institution?
YES/NO
13.2.1. If so, furnish particulars:
…………………………………………………………………………….
…………………………………………………………………………….
13.3 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
YES/NO
contract?
13.3.1. If so, furnish particulars:
…………………………………………………………………………….
…………………………………………………………………………….
14 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:
14.2 I understand that the accompanying bid will be disqualified if this disclosure is found not to be true
and complete in every respect;
14.3 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.
14.4 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
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.
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 19 of 28
Returnable Document
14.5 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.
14.6 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.
14.7 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 12, 13 and 14 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.
BREACH OF LAW
12. We further hereby certify that I/we have/have not been [delete as applicable] found guilty during the
preceding 5 [five] years of a serious breach of law, including but not limited to a breach of the Competition Act,
89 of 1998, by a court of law, tribunal or other administrative body. The type of breach that the Respondent is
required to disclose excludes relatively minor offences or misdemeanours, e.g. traffic offences. This includes the
imposition of an administrative fine or penalty.
Where found guilty of such a serious breach, please disclose:
NATURE OF BREACH:
______________________________________________________________________________
DATE OF BREACH: _____________________________
Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Respondent from the
bidding process, should that person or entity have been found guilty of a serious breach of law, tribunal or
regulatory obligation.
__________________________________
Name: Name:
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 20 of 28
Returnable Document
Position: Position:
Signature: Signature:
________________________________________
___________________________________________
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 21 of 28
Returnable Document
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 of as per the table below.
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF
SPECIFIC GOALS, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT POLICY
FRAMEWORK ACT, 2000.
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
1.2 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore
the 80/20 preference point system shall be applicable. Despite the stipulated preference point system,
Transnet shall use the lowest acceptable bid to determine the applicable preference point system in a
situation where all received acceptable bids are received outside the stated preference point system.
(a) Price;
(c) Any other specific goal determined in Transnet preferential procurement policy.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 80
Total points for Price and Specific Goals must not 100
exceed
1.5 Failure on the part of a bidder to submit proof of specific goals together with the bid will be interpreted to
mean that preference points for B-BBEE status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated 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
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 22 of 28
Returnable Document
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.
(j) “QSE” means a Qualifying Small Enterprise in terms of a 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.
80/20
Pt − P min
Ps = 801 −
P min
Where
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
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 23 of 28
Returnable Document
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 24 of 28
Returnable Document
4.2 The table below indicates the required proof of B-BBEE status depending on the category of enterprises:
4.3 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must submit a
consolidated B-BBEE Status Level verification certificate for every separate bid.
4.4 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status level certificates in
terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.
4.5 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that
such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise
that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-
contractor is an EME that has the capability and ability to execute the sub-contract.
4.6 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any
other enterprise that does not have an equal or higher B-BBEE status level than the person concerned,
unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-
contract.
4.7 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE requirements may
be changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the Bidder’s
responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time of the
submission of the bid.
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:
(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
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 25 of 28
Returnable Document
Designated Group: An EME or QSE which is at last 51% owned EME √ QSE √
by:
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………..
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the B-BBEE status level of contribution indicated in paragraphs 4.1 and 6.1
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 26 of 28
Returnable Document
of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we
acknowledge that:
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 4.1 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 the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of
the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy
it may have-
WITNESSES ……………………………………….
SIGNATURE(S) OF BIDDERS(S)
1. …………………………………….. DATE: …………………………………..
ADDRESS …………………………………..
2. …………………………………….
…………………………………..
…………………………………..
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 27 of 28
Returnable Document
SECTION 8
1. The following terms shall bear the same meaning as contemplated in Section 1 of the Protection of Person
information act, No.4 of 2013.(“POPIA”):
consent; data subject; electronic communication; information officer; operator; person; personal information;
processing; record; Regulator; responsible party; special information; as well as any terms derived from these
terms.
2. Transnet will process all information by the Respondent in terms of the requirements contemplated in Section
4(1) of the POPIA:
Accountability; Processing limitation; Purpose specification; Further processing limitation; Information quality;
Openness; Security safeguards and Data subject participation.
3. The Parties acknowledge and agree that, in relation to personal information that will be processed pursuant to
this RFQ, the Responsible party is “Transnet” and the Data subject is the “Respondent”. Transnet will process
personal information only with the knowledge and authorisation of the Respondent and will treat personal
information which comes to its knowledge as confidential and will not disclose it, unless so required by law or
subject to the exceptions contained in the POPIA.
4. Transnet reserves all the rights afforded to it by the POPIA in the processing of any of its information as
contained in this RFQ and the Respondent is required to comply with all prescripts as detailed in the POPIA
relating to all information concerning Transnet.
5. In responding to this bid, Transnet acknowledges that it will obtain and have access to personal information of
the Respondent. Transnet agrees that it shall only process the information disclosed by Respondent in their
response to this bid for the purpose of evaluating and subsequent award of business and in accordance with any
applicable law.
6. Transnet further agrees that in submitting any information or documentation requested in this RFQ, the
Respondent is consenting to the further processing of their personal information for the purpose of, but not
limited to, risk assessment, assurances, contract award, contract management, auditing, legal
opinions/litigations, investigations (if applicable), document storage for the legislatively required period,
destruction, de-identification and publishing of personal information by Transnet and/or its authorised appointed
third parties.
7. Furthermore, Transnet will not otherwise modify, amend or alter any personal data submitted by the
Respondent or disclose or permit the disclosure of any personal data to any third party without the prior written
consent from the Respondent. Similarly, Transnet requires the Respondent to process any personal information
disclosed by Transnet in the bidding process in the same manner.
8. Transnet shall, at all times, ensure compliance with any applicable laws put in place and maintain sufficient
measures, policies and systems to manage and secure against all forms of risks to any information that may be
shared or accessed pursuant to this RFQ (physically, through a computer or any other form of electronic
communication).
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp
Transnet Request for Quotation No TPT/2023/12/0011/52568/RFQ Page 28 of 28
Returnable Document
9. Transnet shall notify the Respondent in writing of any unauthorised access to information, cybercrimes or
suspected cybercrimes, in its knowledge and report such crimes or suspected crimes to the relevant authorities
in accordance with applicable laws, after becoming aware of such crimes or suspected crime. The Respondent
must take all necessary remedial steps to mitigate the extent of the loss or compromise of personal information
and to restore the integrity of the affected personal information as quickly as is possible.
10. The Respondent may, in writing, request Transnet to confirm and/or make available any personal information in
its possession in relation to the Respondent and if such personal information has been accessed by third parties
and the identity thereof in terms of the POPIA. The Respondent may further request that Transnet correct
(excluding critical/mandatory or evaluation information), delete, destroy, withdraw consent or object to the
processing of any personal information relating to the Respondent in Transnet’s possession in terms of the
provision of the POPIA and utilizing Form 2 of the POPIA Regulations.
11. In submitting any information or documentation requested in this RFQ, the Respondent is hereby consenting to
the processing of their personal information for the purpose of this RFQ and further confirming that they are
aware of their rights in terms of Section 5 of POPIA
YES NO
12. Further, the Respondent declares that they have obtained all consents pertaining to other data subject’s
personal information included in its submission and thereby indemnifying Transnet against any civil or criminal
action, administrative fines or other penalty or loss that may arise as a result of the processing of any personal
information that the Respondent submitted.
13. The Respondent declares that the personal information submitted for the purpose of this RFQ is complete,
accurate, not misleading, is up to date and may be updated where applicable.
Should a Respondent have any complaints or objections to processing of its personal information, by Transnet,
the Respondent can submit a complaint to the Information Regulator on https://www.justice.gov.za/inforeg/,
click on contact us, click on [email protected]
_________________________ ____________________________
Respondent’s Signature Date & Company Stamp