Provide Dedicated Staff Transport Service as Per Scope

TPT a division of Transnet (SOC) Ltd invites all interested parties to respond to the RFQ’s listed below:

Title: Provide dedicated staff transport service as per scope

Terminal: Port of Cape Town

SCM commitment at Transnet Port Terminals is to procure and deliver cost-effective and high quality goods to ensure we exceed our customers’ expectations.

Transnet Port Terminals (TPT) only invites and accepts quotations from prospective Respondents who are listed on the National Treasury’s Central Supplier Database (CSD) and who are TAX compliant.

TPT reserves the right not to award business to a Respondent who is not registered on the CSD and/or whose TAX affairs are not in order

To register on CSD visit here

To check that your TAX affairs are in order visit here

For the terms and conditions visit here

{TENDER_DOCUMENTS_TEXT_START}Transnet Port Terminals An Operating Division of TRANSNET SOC LTD [Hereinafter referred to as Transnet] [Registration No. 1990/000900/30] ToAll TendersFromThizeka MpengeziDate18 March 2022Subject1st AddendumPages3RFQ: TPT CT 66/21 REQUEST FOR QUOTATION [RFQ] No TPT CT 66/21 FOR THE PROVISION OF SERVICES FOR EMPLOYEE STAFF TRANSPORT SERVICES FOR TRANSNET SOC LTD. (REG.NO 1990/0090/30) OPERATING AS TRANSNET PORT TERMINALS (“TPT”), AT THE CONTAINER TERMINAL PORT OF CAPE TOWN FOR A PERIOD OF THREE (3) MONTHS Attached for your attention is a copy of Addendum No.1 dated 18 March 2022. Endorsement should be made on the tender that Addendum No. 1 dated 18 March 2022 has been received and taken into account in submitting your proposal. *Please acknowledge receipt of this Addendum before the closing date of tender. Regards, Thizeka Mpengezi Commodity SpecialistTransnet SOC Ltd Registration Number 1990/000900/302nd Floor Waterfall Business Estate 9 Country Estate Drive MIDRAND 1662P.O. Box 72501 Parkview, Johannesburg South Africa, 2122 T +27 11 308 3001 F +27 11 308 2638Directors: Dr PS Molefe (Chairperson) PPJ Derby* (Group Chief Executive) UN Fikelepi ME Letlape DC Matshoga Dr FS Mufamadi AP Ramabulana GT Ramphaka LL von Zeuner NS Dlamini* (Group Chief Financial Officer) *Executive Interim Group Company Secretary: Ms S Bopape“This letterhead contains personal information as defined in the Protection of Personal Information Act, No. 4 of 2013 (the “Act”). The signatory consents to the processing of his/ her personal information and is obliged to handle other data subject’s information in accordance with the requirements of the Act”. TRANSNET HAS A ‘ZERO GIFTS’ POLICY. NO EMPLOYEE IS ALLOWED TO ACCEPT GIFTS, FAVOURS OR BENEFITSwww.transnet.netTRANSNET SOC LTD TENDER NO. TPT CT 66/21 REQUEST FOR QUOTATION [RFQ] No TPT CT 66/21 FOR THE PROVISION OF SERVICES FOR EMPLOYEE STAFF TRANSPORT SERVICES FOR TRANSNET SOC LTD. (REG.NO 1990/0090/30) OPERATING AS TRANSNET PORT TERMINALS (“TPT”), AT THE CONTAINER TERMINAL PORT OF CAPE TOWN FOR A PERIOD OF THREE (3) MONTHS ADDENDUM NO. 1DATE: 18 March 20221. On 11 March 2022, National Treasury issued a letter granting Transnet the exemption fromthe application of the provision of the PPPFA effective 11 March 2022 until: a) New Preferential Procurement Regulations take effect; or b) The Constitutional Court confirms the suspension of the order of invalidity of the PPR, 2017 for a period of 12 months, whichever comes first. 8. In summary, the following are the main changes to note regarding the impact of the exemption granted: a) Transnet will no longer be using preference during this period of exemption including 80/20 and 90/10 preference point system. For e-tender submissions, the tender type “RFQ NON TECHNICAL” must not be used; b) Transnet will no longer be issuing tenders with preferential prequalification criteria (e.g BBBEE level, EME/QSE “set asides” and minimum 30% sub-contracting requirements) as below:Transnet SOC Ltd Registration Number 1990/000900/302nd Floor Waterfall Business Estate 9 Country Estate Drive MIDRAND 1662P.O. Box 72501 Parkview, Johannesburg South Africa, 2122 T +27 11 308 3001 F +27 11 308 2638Directors: Dr PS Molefe (Chairperson) PPJ Derby* (Group Chief Executive) UN Fikelepi ME Letlape DC Matshoga Dr FS Mufamadi AP Ramabulana GT Ramphaka LL von Zeuner NS Dlamini* (Group Chief Financial Officer) *Executive Interim Group Company Secretary: Ms S Bopape “This letterhead contains personal information as defined in the Protection of Personal Information Act, No. 4 of 2013 (the “Act”). The signatory consents to the processing of his/ her personal information and is obliged to handle other data subject’s information in accordance with the requirements of the Act”. TRANSNET HAS A ‘ZERO GIFTS’ POLICY. NO EMPLOYEE IS ALLOWED TO ACCEPT GIFTS, FAVOURS OR BENEFITSwww.transnet.net1.The revised evaluation methodology will be as follows:Test for responsiveness2.Functionality thresholdEvaluatio nof priceNegotiationAdjudication and Award based on recommend ationConclusion and Signing of contractExtension of the Closing Date from 22 March 2022 to 25 March 2022 ; Bids already received will be retained unopened in the electronic tender box and be duly considered after the expiry of the extended period. However, a Bidder may request that such Bid be returned to him/her. The Bidder may also cancel the existing Bid by submitting a later-dated Bid before the extended closing date. TRANSNET SOC LTDTENDER NO. TPT CT 66/21 REQUEST FOR QUOTATION [RFQ] No TPT CT 66/21 FOR THE PROVISION OF SERVICES FOR EMPLOYEE STAFF TRANSPORT SERVICES FOR TRANSNET SOC LTD. (REG.NO 1990/0090/30) OPERATING AS TRANSNET PORT TERMINALS (“TPT”), AT THE CONTAINER TERMINAL PORT OF CAPE TOWN FOR A PERIOD OF THREE (3) MONTHS ADDENDUM NO. 1DATE: 18 March 2022This is to certify that we have received Addendum No. 1 dated 18 March 2022TENDERER DATE: WITNESSES: Transnet SOC Ltd Registration Number 1990/000900/301.2nd Floor Waterfall Business Estate 9 Country Estate Drive MIDRAND 1662P.O. Box 72501 Parkview, Johannesburg South Africa, 2122 T +27 11 308 3001 F +27 11 308 2638Directors: Dr PS Molefe (Chairperson) PPJ Derby* (Group Chief Executive) UN Fikelepi ME Letlape DC Matshoga Dr FS Mufamadi AP Ramabulana GT Ramphaka LL von Zeuner NS Dlamini* (Group Chief Financial Officer) *Executive Interim Group Company Secretary: Ms S Bopape “This letterhead contains personal information as defined in the Protection of Personal Information Act, No. 4 of 2013 (the “Act”). The signatory consents to the processing of his/ her personal information and is obliged to handle other data subject’s information in accordance with the requirements of the Act”. TRANSNET HAS A ‘ZERO GIFTS’ POLICY. NO EMPLOYEE IS ALLOWED TO ACCEPT GIFTS, FAVOURS OR BENEFITSwww.transnet.netTransnet Request for Quotation No TPT CT 66/21Page 1 of 39Transnet Port Terminals (TPT) an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] Registration Number 1990/000900/30REQUEST FOR QUOTATION [RFQ] No TPT CT 66/21 FOR THE PROVISION OF SERVICES FOR EMPLOYEE STAFF TRANSPORT SERVICES FOR TRANSNET SOC LTD. (REG.NO 1990/0090/30) OPERATING AS TRANSNET PORT TERMINALS (“TPT”), AT THE CONTAINER TERMINAL PORT OF CAPE TOWN FOR A PERIOD OF THREE (3) MONTHSISSUE DATE:11 March 2022CLOSING DATE:22 March 2022CLOSING TIME:14:00 PMCLOSING EMAIL:[email protected] RFQ without LC October 2021Transnet Request for Quotation No TPT CT 66/21Page 2 of 39SECTION 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET, A DIVISION TRANSNET SOC LTD BID NUMBER:TPT CT 66/21ISSUE DATE:11 March 2022CLOSING DATE:22 March 2022CLOSING TIME14:00FOR THE PROVISION OF SERVICES FOR EMPLOYEE STAFF TRANSPORT SERVICES FOR TRANSNET SOC LTD. (REG.NO 1990/0090/30) OPERATING AS TRANSNET PORT TERMINALS (“TPT”), AT THE CONTAINER TERMINAL PORT OF CAPE TOWNDESCRIPTIONFOR A PERIOD OF THREE (3) MONTHSBID 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 (https://www.transnet.net);▪Click on “TENDERS”;▪Scroll towards the bottom right hand side of the page;▪Click on “register on our new etender Portal”;▪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.BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO CONTACT PERSON Thizeka Mpengezi TELEPHONE 021 449 2870 NUMBER FACSIMILE N/A NUMBER E-MAIL ADDRESS [email protected] SUPPLIER INFORMATIONTECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSONYandiswa BiyanaTELEPHONE NUMBER FACSIMILE NUMBERN/AE-MAIL [email protected] OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CELLPHONE NUMBER FACSIMILE NUMBERCODENUMBERCODENUMBERE-MAIL ADDRESS VAT REGISTRATION NUMBERTemplate RFQ without LC October 2021Transnet Request for Quotation No TPT CT 66/21SUPPLIER COMPLIANCE STATUSPage 3 of 39TAX COMPLIANCE SYSTEM PIN: ORTICK APPLICABLE BOX]B-BBEE STATUS LEVEL VERIFICATION CERTIFICATECENTRAL SUPPLIER DATABASEUNIQUE REGISTRATION REFERENCE NUMBER: MAAA[TICK APPLICABLE BOX]B-BBEE STATUS LEVEL SWORN AFFIDAVITYes YesNoNo[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 ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?YesNo2 ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?YesNo[IF YES, ANSWER QUESTIONAIRE BELOW ][IF YES ENCLOSE PROOF] QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)?YESNODOES THE ENTITY HAVE A BRANCH IN THE RSA?YESNODOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA?YESNODOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA?YESNOIS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION?YESNOIF 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 BIDDINGNB: 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: Template RFQ without LC October 2021…………………………………………… ……………………………………………Transnet Request for Quotation No TPT CT 66/21Page 4 of 39SECTION 2: NOTICE TO BIDDERS1Responses 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.2Formal Briefing Not Applicable3Communication 3.1Specific queries relating to this RFQ before the closing date of the RFQ should be submitted onto the system and to [Thizeka Mpengezi] before 12:00 pm on. In the interest of fairness and transparency Transnet’s response to such a query will then be made available to other bidders.3.2It 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.3.3Respondents 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.3.4Respondents 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: Telephone 021 449 28704Email: [email protected] Compliance The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations.5Employment Equity Act 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.6Changes to Quotations Changes by the Respondent to its submission will not be considered after the closing date and time.7Binding 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.8Disclaimers 8.1Respondents 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;Template RFQ without LC October 2021Transnet Request for Quotation No TPT CT 66/21•Page 5 of 39reject 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 issued with a Letter of Regret. Bidders may therefore be requested to advise whether they would still be prepared to provide the required Goods/Services at their quoted price, even after they have been issued with a Letter of Regret.9Specification/Scope of Work/Section 10 Annexure A Scope of Work10Respondent’s Samples Not Applicable11Legal 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.12Security clearance Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the SuccessfulTemplate RFQ without LC October 2021Transnet Request for Quotation No TPT CT 66/21Page 6 of 39Respondent. 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. 13National Treasury’s Central Supplier Database Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been established to centrally administer supplier information for all organs of state and facilitate the verification of certain key supplier information. 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.14Tax 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:Template RFQ without LC October 2021Page 7 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21SECTION 3 EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS 1Evaluation Criteria Transnet will utilise the following methodology and criteria in selecting a preferred Supplier/Service provider:STAGE 1:STAGE 2TEST FOR RESPONSIVENESSStep 2Step 1 Administrative responsivenessSubstantive responsivenessReturnable documents/ schedulesPrequalificationStep 3 MINIMUM THRESHOLDSFunctionality/ technical 80%points Minimum ThresholdSTAGE 3 Step 4Price (80) B-BBEE scorecard (20)-Post tender negotiation with preferred nd bidder [2 andWEIGHTED SCORESelection of the preferred bidder.3 ranked bidders (if(Objective criterion to justify award torequired) in a sequential and not simultaneous manner] if pricing is not market-relatedsomeone other than the highest ranked bidder must have been stated in the bid documents and can be used at this stage, if applicable)N/A Technical / Functional criteria & weightings must be stipulated in the tender documentTechnical Pre-qualification N/A1.1STEP ONE: Test for Administrative Responsiveness The test for administrative responsiveness will include the following: Administrative responsiveness check •Whether the Bid has been lodged on time•Whether all Returnable Documents and/or schedules [where applicable] wereRFQ ReferenceSection 3completed and returned by the closing date and time •Verify the validity of all returnable documents•Verify if the Bid document has been duly signed by the authorised respondentSection 3 All sectionsThe test for administrative responsiveness [Step One] must be passed for a Respondent’s Proposal to progress to Step Two for further pre-qualificationRespondent’s SignatureStep 7Weighted scoring / 100***rdStep 2: Preferential Procurement prequalification criteria that only one or more of the following may participate:Step 6Step 5Date & Company StampAward of business and conclusion of contractPage 8 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/211.2STEP TWO: Test for Substantive Responsiveness to RFQ The test for substantive responsiveness to this RFQ will include the following: Check for substantive responsiveness •Whether any general pre-qualification criteria set by Transnet,RFQ ReferenceAll sections including: Section 2 paragraphs 2.2, 3have been met •Whether the Bid contains a priced offer•Whether the Bid materially complies with the scope and/orSection 4 - Quotation Form All Sectionsspecification givenThe test for substantive responsiveness [Step Two] must be passed for a Respondent’s proposal to progress to Step Three for further evaluation 1.3STEP THREE: Minimum Threshold 80% points for Technical Criteria The test for the Technical and Functional threshold will include the following:Respondent’s SignatureDate & Company StampTECHNICAL EVALUATION CRITERIA Transnet Request for Quotation No TPT CT 66/21 Page 9 of 39 REQUEST FOR QUOTATION ("RFQ) FOR THE PROVISION OF DEDICATED STAF TRANSPORT SERVICE, FORDocument TRANSNET SOC LTD, Returnable OPERATING AS TRANSNET PORT TERMINALS ("TPT") AT THE CONTAINER TERMINAL, PORT OF CAPE TOWN, FOR PERIOD OF THREE (3) MONTHS Technical Evaluation CriteriaScoring GuidelinesMax Score1. MINIMUM POOL OF 18 VEHICLES NOT OLDER THAN 3 YEARS OWNED VEHICLES The respondent must provide copies of the vehicle registration certificates (Form RC1) referencing the year model of vehicle; date of first registration as well as owner (responded should be listed as either owner or holder of the vehicle). LEASED VEHICLESSupporting documents for all 18 vehicles or more=35%35%Supporting documents for 16-12 vehicles only = 25% Supporting documents for 12-10 vehicles only = 15% Supporting documents for less than 10 vehicles or zero supporting documents =0%Where the service provider leases the vehicles i.e., the vehicles are currently in the possession of the service provider in terms of an existing lease agreement; The successful service provider must submit the following additional document prior to commencement of services: Certified copy of a duly endorsed and valid lease agreement, which provide a description of the vehicle being leased. The lease agreement should provide a description of the vehicles being leased. INTENTION TO LEASE Where the service provider is not in possession of the vehicles and intends to lease or purchase same, the service provider must submit the following documents confirming: a) It intends to enter into a lease agreement/sale agreement for the required vehicles with the service provider; b) a description of the vehicles to be leased/purchased i.e. make, model and date of first registration; c) the quantity of vehicles to be leased/purchased; d) the seating capacity of each vehicle to be leased/purchased; e) Availability of the required vehicles to support a two week contract readiness period. • A letter from the source reflecting the information as set out in in paragraphs above.2.SERVICE PROVIDER MUST HAVE A MINIMUM OF 18 DRIVERS (drivers must have valid code EB [code 8] driver’s license and Professional Drivers Permits [PDP]) Evidence:16 Drivers with valid driver’s license & PDP = 35% 16-13 Drivers with valid driver’s license & PDP = 25% 12-10 Drivers with valid driver’s license and PDP = 15% Less than 10 drivers with valid driver’s License and PDP = 0%Certified copy of Code EB [code 8] drivers’ licenses and valid Professional Driver’s Permits [PDP] in respect of each driver listed. Kindly note that bidders must submit valid, clear and legible copies of the driver’s licenses as illegible copies will not be taken into account when evaluating a bid. RVICE PROVIDER MUST HAVE A MINIMUM OF 16 DRIVERS (driversRespondent’s SignatureDate & Company Stamp35%Page 10 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21must have valid code EB [code 8] driver’s license and Professional Drivers Permits [PDP]3.VALID (ACTIVE) INSURANCE i.e. PROFESSIONALValid Active Insurance Policy/ Letter from underwriter whichINDEMNITY / PROFESSIONAL LIABILITY INSURANCE COVERcovers R1 million per incident = 30%30%WITH A MINIMUM CLAIMABLE AMOUNT OF R1 MILLION PER INCIDENTValid Active Insurance Policy/ Letter from underwriter whichThe Respondent must submit proof of valid/active insurance cover i.ecovers between R500 000 - R999 999.99 per incident =20%General Liability/Public liability or Passenger Liability insurance, either by supplying a copy of the insurance policy or a letter from anValid Active Insurance Policy/ Letter from underwriter whichunderwriter confirming policy exists and thatcovers between R100 000 - R499 999.99 per incident =10% Valid Active Insurance Policy/ Letter from underwriter which covers R100 000 or less per incident or zero insurance cover/policy =0%Total Weighting:100%Minimum Qualifying Threshold80%A Respondent’s compliance with the minimum functionality/technical threshold will be measured by their responses to Annexure B Respondents are to note that Transnet will round off final technical scores to the nearest 2 (two) decimal places for the purposes of determining whether the technical threshold has been met.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 1.4STEP FOUR: Evaluation and Final Weighted Scoring a)Price and TCO Criteria [Weighted score 80 points]: Evaluation Criteria• •Section 4Commercial offer CommercialRFQ ReferenceSection 4discounts1Transnet will utilise the following formula in its evaluation of Price:PS = 80 Where: Ps = Pt = Pmin =Score for the Bid under consideration Price of Bid under consideration Price of lowest acceptable BidPS = 801Only 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 effectedRespondent’s SignatureDate & Company StampTransnet Request for Quotation No TPT CT 66/21Page 11 of 39 Returnable DocumentWhere:Ps =Points scored for the price of Bid under considerationPtPrice of Bid under consideration=Pmax = b)Price of highest acceptable BidBroad-Based Black Economic Empowerment criteria [Weighted score 20 points] ▪B-BBEE - current scorecard / B-BBEE Preference Points Claims Form▪Preference points will be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table indicated in Section 4.1 of the B-BBEE Preference Points Claim Form.1.5STEP FIVE: Post Tender Negotiations (if applicable) ▪ Respondents are to note that Transnet may not award a contract if the price offered is not market-related. In this regard, Transnet reserves the right to engage in PTN with the view to achieving a market-related price or to cancel the tender. Negotiations will be done in a sequential manner i.e.: ofirst negotiate with the highest ranked bidder or cancel the bid, should such negotiations fail,onegotiate with the 2nd and 3rd ranked bidders (if required) in a sequential manner.▪ In the event of any Respondent being notified of such short-listed/preferred bidder status, his/her bid, as well as any subsequent negotiated best and final offers (BAFO), will automatically be deemed to remainvalid during the negotiation period and until the ultimate award of business. ▪ Should Transnet conduct post tender negotiations, Respondents will be requested to provide their best and final offers to Transnet based on such negotiations. Where a market related price has been achieved through negotiation, the contract will be awarded to the successful Respondent(s). 1.6STEP SIX: Objective Criteria (if applicable) Transnet reserves the right to award the business to the highest scoring bidder/s unless objective criteria justify the award to another bidder. The objective criteria Transnet may apply in this bid process include: ▪ Geographical location; ▪ all Risks identified during a risk assessment exercise/probity check (which may be conducted by an authorised third party) that would be done to assess all risks, including but not limited to: -the financial stability of the bidder based on key ratio analysis, which would include, but not be limited to Efficiency, Profitability, Financial Risk, Liquidity, Acid Test, and Solvency;-a due diligence to assess functional capability and capacity. This could include a site visit;-A commercial relationship with a Domestic Prominent Influential Person (DPIP) or Foreign Prominent Public Official (FPPO) or an entity of which such person or official is the beneficial owner; and1.7Reputational and Brand risksSTEP SEVEN: Award of business and conclusion of contract ▪ Immediately after approval to award the contract has been received, the successful or preferred bidder(s) will be informed of the acceptance of his/their Quotation by way of a Letter of Award. Thereafter the final contract will be concluded with the successful Respondent(s). ▪ Otherwise, a final contract will be concluded and entered into with the successful Bidder at the acceptance of a letter of award by the Respondent.Respondent’s SignatureDate & Company StampPage 12 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/212Validity Period Transnet requires a validity period of 90 [Nine] 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.3Disclosure of contract information Prices Quoted Respondents are to note that, on award of business, Transnet is required to publish the tendered prices and preferences claimed of the successful and unsuccessful Respondents inter alia on the National Treasury eTender Publication Portal, (www.etenders.gov.za), as required per National Treasury Instruction Note 01 of 2015/2016. Johannesburg Stock Exchange Debt Listing Requirements Transnet may also be required to disclose information relating to the subsequent contract i.e. the name of the company, goods/services provided by the company, the value and duration of the contract, etc. in compliance with the Johannesburg Stock Exchange (JSE) Debt Listing Requirements. 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)andRelatedIndividualsPolicyavailableonTransnetwebsitehttps://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/FPPOClosely 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.Respondent’s SignatureClosely Related to a DPIP/FPPODate & Company StampPage 13 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21NoName Entity Businessof /Role in the Entity / Business (Nature of interest/ Participation)Shareholding %Registration NumberStatus (Mark the applicable option with an X) Active Non-Active1 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. 4Returnable 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: Mandatory Returnable DocumentsFailure 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 forFailure to provide all Returnable Documents used forScoringpurposes 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 DocumentsFailure 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.a)Mandatory Returnable DocumentsRespondents 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: b)Returnable Documents Used for Scoring In addition to the requirements of section (a) above, Respondents are further required to submit with their Proposals the following Returnable Documents Used for Scoring and also to confirm submission of these documents by so indicating [Yes or No] in the table below:Respondent’s SignatureDate & Company StampTransnet Request for Quotation No TPT CT 66/21Page 14 of 39 Returnable DocumentRETURNABLE DOCUMENTS USED FOR SCORINGSUBMITTED [Yes or No]Valid proof of Respondent’s compliance to B-BBEE requirements stipulated in Section 7 of this RFQ. B-BBEE 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 blackowned 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.] 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 Owned Vehicle: The respondent must provide copies of the vehicle registration certificates (Form RC1) referencing the year model of vehicle; date of first registration as well as owner (responded should be listed as either owner or holder of the vehicle). Intention to Lease/Purchase Service Provider Must Have A Minimum Of 18 Drivers (Drivers Must Have Valid Code EB [Code 8] Driver’s License and Professional Drivers Permits [PDP]) Valid (Active) Insurance I.E. Professional Indemnity / Professional Liability Insurance Cover with A Minimum Claimable Amount of R1 Million Per Incident c)Essential Returnable Documents: Over and the above the requirements of section (a) and (b) mentioned above, Respondents are further required to submit with their Proposals the following Essential Returnable Documents and also to confirm submission of these documents by so indicating [Yes or No] in the table below:ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULESSUBMITTED [Yes or No]In the case of Joint Ventures, a copy of the Joint Venture Agreement or written confirmation of the intention to enter into a Joint Venture Agreement SECTION 5: Certificate of Acquaintance with RFQ Documents SECTION 6: RFQ Declaration and Breach of Law Form SECTION 7: B-BBEE Preference Claim Form SECTION 8: SBD 9 - Certificate Of Independent Bid Determination SECTION 10 : Scope of Work SECTION 11 : Protection of Personal Information Tax Clearance Certificate or electronic access PIN obtained from SARS’s new Tax Compliance Status (TCS) system. [Consortia / Joint Ventures must submit a separate Tax Clearance Certificate for each party] National Treasury’s Central Supplier Database Registration Certificate (CSD) Certified copies of relevant company registration documents from Companies and Intellectual Properties Commission (CIPRO)Respondent’s SignatureDate & Company StampTransnet Request for Quotation No TPT CT 66/215Page 15 of 39 Returnable DocumentCONTINUED VALIDITY OF RETURNABLE DOCUMENTS The successful Respondent will be required to ensure the validity of all returnable documents, including but not limited to its valid proof of B-BBEE status, for the duration of any contract emanating from this RFQ. Should the Respondent be awarded the contract [the Agreement] and fail to present Transnet with such renewals as and when they become due, Transnet shall be entitled, in addition to any other rights and remedies that it may have in terms of the eventual Agreement, to terminate such Agreement immediately without any liability and without prejudice to any claims which Transnet may have for damages against the Respondent.Respondent’s SignatureDate & Company StampPage 16 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21SECTION 4 QUOTATION FORM/PRICING SCHEDULE/ANNEXURE C 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. I/We agree to be bound by those terms and conditions in: • 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.NOTRIP DETAILSNO. OF VEHICLES CONTAINER TERMINALNUMBER OFRATETRIPSPER TRIPPER MONTH(PER(B)VEHICLE) (C)TOTAL COST PER MONTH (A X B X C) (D)TOTALCOSTPERIOD OF 3 MONTHS (D X 3)(A) 1KRAAIFONTEIN(Durbanville,3124RR/2124RRParow,2124RRPostville, Portside) 2KUILSRIVER(NorthpineBrackenfell) 3NORTHERNS(Bellville,Goodwood) 4PARKLANDS (Joe Slovo, Table View)1124RR5MILNERTON (Sand drift)1124RR6GUGULETHU (Nyanga, Heideveld,1124RRBonteheuwel) 7PHILLIPI (Samora, Mandalay)1124RR8LANGA1124RR9MITCHELLS PLAIN (Surrey Estate,1124RR1124RRStrandfontein) 10SOUTHERNSUBURBS(Athlone,Belgravia, Retreat, Sea Point)Respondent’s SignatureDate & Company StampFORPage 17 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/2111KHAYELITSHARRTotal Price (before discount)RRLess: DiscountRRTOTAL PRICE (exclusive of VAT) For 3 MonthsRRVAT @ 15% (if applicable)RR(Macassar,Harare,4124Makassar – Litha Park /Mandalay, Sections, Site B, Site C – IkhweziPark)TOTAL PRICE (inclusive of VAT) for 3monthsDelivery Lead-Time from date of purchase order:[days/weeks]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. b)All Prices must be quoted in South African Rand, inclusive of VATc)Any disbursement not specifically priced for will not be considered/accepted by Transnet.d)Bidder to quote on all line items failure to do so may lead to disqualification.e)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 will result in a bid being disqualified.f)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 SignatureDate & Company StampPage 18 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21SECTION 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: 1.Transnet’s General Bid Conditions2.Standard RFQ Terms and Conditions for the supply of Goods or Services to Transnet3.Transnet’s Supplier Integrity Pact4.Non-disclosure AgreementNote: 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. SIGNED at SIGNATURE OF WITNESSESon thisday of20ADDRESS OF WITNESSES1 Name 2 Name SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: NAME: DESIGNATION:Respondent’s SignatureDate & Company StampPage 19 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21SECTION 6 RFQ DECLARATION AND BREACH OF LAW FORM NAME OF ENTITY: We 1.do hereby certify that: Transnet has supplied and we have received appropriate responses to any/all questions [as applicable] which were submitted by ourselves for RFQ Clarification purposes;2.We have received all information we deemed necessary for the completion of this Request for Quotation [RFQ];3.We have been provided with sufficient access to the existing Transnet facilities/sites and all relevant information relevant to the Supply of the Goods as well as Transnet information and Employees, and have had sufficient time in which to conduct and perform a thorough due diligence of Transnet’s operations and business requirements and assets used by Transnet. Transnet will therefore not consider or permit any pre- or post-contract verification or any related adjustment to pricing, service levels or any other provisions/conditions based on any incorrect assumptions made by the Respondent in arriving at his Bid Price.4.At no stage have we received additional information relating to the subject matter of this RFQ from Transnet sources, other than information formally received from the designated Transnet contact(s) as nominated in the RFQ documents;5.We have complied with all obligations of the Bidder/Supplier as indicated in the Transnet Supplier Integrity Pact which includes but are not limited to ensuring that we take all measures necessary to prevent corrupt practices, unfairness and illegal activities in order to secure or in furtherance to secure a contract with Transnet;6.We are satisfied, insofar as our entity is concerned, that the processes and procedures adopted by Transnet in issuing this RFQ and the requirements requested from Bidders in responding to this RFQ have been conducted in a fair and transparent manner;7.We declare that a family, business and/or social relationship exists / does not exist [delete as applicable] between an owner / member / director / partner / shareholder of our entity and an employee or board member of Transnet including any person who may be involved in the evaluation and/or adjudication of this Bid;8.We declare that an owner / member / director / partner / shareholder of our entity is / is not [delete as applicable] an employee or board member of the Transnet;9.In addition, we declare that an owner / member / director / partner / shareholder/employee of our entity has / has not been [delete as applicable] a former employee or board member of Transnet in the past 10 years. I further declare that if they were a former employee or board member of Transnet in the past 10 years that they were/were not involved in the bid preparation or had access to the information related to this RFQ; and10. If such a relationship as indicated in paragraph 7, 8 and/or 9 exists, the Respondent is to complete the following section:Respondent’s SignatureDate & Company StampTransnet Request for Quotation No TPT CT 66/21Page 20 of 39 Returnable DocumentFULL NAME OF OWNER/MEMBER/DIRECTOR/ PARTNER/SHAREHOLDER/EMPLOYEE:ADDRESS:Indicate nature of relationship with Transnet:[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. DECLARATION OF INTEREST REGARDING PERSONS EMPLOYED BY THE STATE (SBD4) 12. Any legal person, including persons employed by the state 2, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In viewof possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-the bidder is employed by the state; and/or-the legal person on whose behalf the bidding document is signed, has a relationship withpersons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.13. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid: 13.1. Full Name of bidder or his or her representative: …………………………………………………………. 13.2. Identity Number: …………………………………………………………………………………………………2“State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament.Respondent’s SignatureDate & Company StampPage 21 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/2113.3. Position occupied in the Company (director, trustee, shareholder3): …………………………………….. 13.4. Company Registration Number: ………………………………………………………………………..……. 13.5. Tax Reference Number: ………………………………………………………………………………….……… 13.6. VAT Registration Number: ……………………………………………………………………………….... 13.7.Are you or any person connected with the bidder presently employed byYES / NOthe state? 13.7.1. If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member:………………………………………Name of state institution at which you or the person connected to the bidder is employed : Position occupied in the state institution:………………………………………………………………………………Any other particulars:………………………………………13.8. If you are presently employed by the state, did you obtain the appropriateYES / NOauthority to undertake remunerative work outside employment in the public sector? 13.8.1. If yes, did you attached proof of such authority to the bid document? (Note:YES / NOFailure to submit proof of such authority, where applicable, may result in the disqualification of the bid. 13.8.2. If no, furnish reasons for non-submission of such proof:………………………………………13.9. Did you or your spouse, or any of the company’s directors / trustees /YES / NOshareholders / members or their spouses conduct business with the state in the previous twelve months? 13.9.1. If so, furnish particulars:………………………………………13.10. Do you, or any person connected with the bidder, have any relationshipYES / NO(family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? 13.10.1. If so, furnish particulars:………………………………………13.11. Are you, or any person connected with the bidder, aware of any relationshipYES / NO(family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? 13.11.1. If so, furnish particulars: 13.12. Do you or any of the directors / trustees / shareholders / members……………………………………… ofYES / NO3"Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.Respondent’s SignatureDate & Company StampPage 22 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21the company have any interest in any other related companies whether or not they are bidding for this contract? 13.12.1. If so, furnish particulars:………………………………………The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 14 below. 14. Full details of directors / trustees / members / shareholders. Full NameIdentity NumberPersonal Tax Reference NumberState Employee Number / Persal NumberBREACH OF LAW 15. 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.SIGNED aton thisFor and on behalf ofAS WITNESS:day of20duly authorised hereto Name:Name:Position:Position:Signature:Signature:Date:Registration No of Company/CCRespondent’s SignatureDate & Company StampPage 23 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21Place:Respondent’s SignatureRegistration Name of Company/CCDate & Company StampPage 24 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/21SECTION 7 B-BBEE PREFERENCE POINTS CLAIM FORM This preference form must form part of all bids invited. It contains general information and serves as a claim for preference points for Broad-Based Black Economic Empowerment [B-BBEE] Status Level of Contribution. Transnet will award preference points to companies who provide valid proof of their B-BBEE status using either the latest version of the generic Codes of Good Practice or Sector Specific Codes (if applicable). NB:BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.1.GENERAL CONDITIONS1.1The following preference point systems are applicable to all bids:1.2the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); The value of this bid is estimated to exceed/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. Either the 80/20 preference point system will be applicable to this tender.1.3Preference points for this bid shall be awarded for:-(a) Price; and (b) B-BBEE Status Level of Contribution. 1.4The maximum points for this bid are allocated as follows: POINTS PRICE80B-BBEE STATUS LEVEL OF CONTRIBUTOR20Total points for Price and B-BBEE must not exceed1001.5Failure on the part of a bidder to submit proof of B-BBEE status level of contributor together with the bid will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.1.6The 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, unemploymentinsurance 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;Respondent’s SignatureDate & Company StampTransnet Request for Quotation No TPT CT 66/21Page 25 of 39 Returnable Document(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” means: 1) B-BBBEE status level certificate issued by an unauthorised body or person; 2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; 3) Any other requirement prescribed in terms of the B-BBEE Act.(j)“QSE” means a Qualifying Small EEnterprise 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. 3.POINTS AWARDED FOR PRICE3.1THE 80/20 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20Ps = 801 −  Pt − P min   P minWhere Ps=Points scored for comparative price of bid under considerationPt=Comparative price of bid under considerationPmin=Comparative price of lowest acceptable bidPS = 80 Where: Ps=Points scored for the price of Bid under considerationPt=Price of Bid under considerationPmax=Price of highest acceptable Bid4.POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION4.1In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:Respondent’s SignatureDate & Company StampPage 26 of 39 Returnable DocumentTransnet Request for Quotation No TPT CT 66/214.2B-BBEE Status Level of ContributorNumber of points (80/20 system)12021831441258667482Non-compliant contributor0The table below indicates the required proof of B-BBEE status depending on the category of enterprises: Enterprise Large QSEEME4B-BBEE Certificate & Sworn Affidavit Certificate issued by SANAS accredited verification agency 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.] 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 scorecard4.3A 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.4.4Tertiary 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.4.5A 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 subcontractor is an EME that has the capability and ability to execute the sub-contract.4.6A 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.4.7Bidders 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.4In terms of the Implementation Guide: Preferential Procurement Regulations, 2017, Version 2, paragraph 11.11 provides that in