Provision of Driving, Handling and Surveying Services if Import, Export and Transhipment Vehicles

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

Title: Provision of Driving, Handling and Surveying Services if Import, Export and Transhipment Vehicles

Terminal: TPT Head Office (9000)

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:

RFQ with Details

{TENDER_DOCUMENTS_TEXT_START}TRANSNET PORT TERMINALS an Operating Division of TRANSNET SOC LTD [hereinafter referred to as Transnet] Registration Number 1990/000900/30REQUEST FOR QUOTATION [RFQ] No ICLM HQ 600/TPT FOR THE PROVISION OF DRIVING, HANDLING AND SURVEYING SERVICES IF IMPORT, EXPORT AND TRANSHIPMENT VEHICLES (NEW & USED) INCLUDING ABNORMAL VEHICLES (HIGH & HEAVY) AND RELATED CARGO THERETO INCLUDING CARGO REQUIRING SPECIALISED EQUIPMENT AT DURBAN MULTI PURPOSE TERMINAL AND PORT ELIZABETH CAR AND CONTAINER TERMINAL FOR TRANSNET SOC LTD (REG NO. 1990/000900/30) OPERATING AS TRANSNET PORT TERMINALS (HEREINAFTER REFERRED TO AS “TPT”) ON AN AS AND WHEN REQUIRED BASIS, FOR A PERIOD OF THREE (3) MONTHS. ISSUE DATE:01 April 2021CLOSING DATE:12 April 2021CLOSING TIME:10:00 AMTemplate RFQ without LC April 2020Transnet Request for Quotation No iCLM HQ 600/TPTPage 2 of 33Section 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET PORT TERMINALS, A DIVISION TRANSNET SOC LTD iCLM HQ ISSUE 01 April CLOSING 12 April CLOSING 10:00 BID NUMBER: 600/TPT DATE: 2021 DATE: 2021 TIME: am Provision of driving, handling and surveying services if import, export and transhipment vehicles (new & used) including abnormal vehicles (high & heavy) and related cargo thereto including cargo requiring specialised equipment at Durban Multi-Purpose Terminal and Port Elizabeth Car and Container Terminal for Transnet SOC Ltd (Reg. No 1990/000900/30) Operating as Transnet Port Terminals (hereinafter referred to as “TPT”) on an as and when required basis, for a period of DESCRIPTION three (3) months. BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREETADDRESS)TRANSNET PORT TERMINALS, GROUND FLOOR KINGSMEAD OFFICE PARK, NORTH TOWER STALWART SIMELANE (STANGER) STREET DURBAN, 4001 BIDDING PROCEDURE ENQUIRIES MAY BE TECHNICAL ENQUIRIES MAY BE DIRECTED TO DIRECTED TO: CONTACT PERSON Ntuthuko Gumede CONTACT PERSON Not applicable TELEPHONE Not applicable NUMBER 031 308 8345 TELEPHONE NUMBER FACSIMILE Not applicable NUMBER Not applicable FACSIMILE NUMBER Not applicable E-MAIL ADDRESS [email protected] E-MAIL ADDRESS SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER CODE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER TAX COMPLIANCE UNIQUE COMPLIANCE SYSTEM PIN: REGISTRATION STATUS REFERENCE OR NUMBER: CENTRAL SUPPLIER MAAA DATABASETransnet Request for Quotation No iCLM HQ 600/TPTB-BBEE STATUS LEVEL VERIFICATION CERTIFICATEPage 3 of 33TICK APPLICABLE BOX] YesNoB-BBEE STATUS LEVEL SWORN AFFIDAVIT[TICK APPLICABLE BOX] Yes No[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR BBBEE] 1 ARE YOU THE ACCREDITED 2 ARE YOU A REPRESENTATIVE FOREIGN BASED IN SOUTH SUPPLIER FOR THE AFRICA FOR THE GOODS /SERVICES GOODS Yes No /WORKS /SERVICES OFFERED? /WORKS [IF YES ENCLOSE PROOF] OFFERED? QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? DOES THE ENTITY HAVE A BRANCH IN THE RSA? DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION?YesNo[IF YES, ANSWER QUESTIONAIRE BELOW ] YES YES YES YES YESNO NO NO NO NOIF 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.Transnet Request for Quotation No iCLM HQ 600/TPTPage 4 of 33PART B TERMS AND CONDITIONS FOR BIDDING 1. TAX COMPLIANCE REQUIREMENTS 1.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS. 1.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS. 1.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA. 1.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID. 1.5 IN BIDS WHERE UNINCORPORATED CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER. 1.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED. NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. SIGNATURE OF BIDDER: …………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………… (Proof of authority must be submitted e.g. company resolution) DATE:Transnet Request for Quotation No iCLM HQ 600/TPTPage 5 of 33SECTION 2: NOTICE TO BIDDERS ________________________________________________________________________________ 1Responses 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 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:3Communication 3.1Specific queries relating to this RFQ before the closing date of the RFQ should be submitted to Ntuthuko Gumede at [email protected] or 031 308 8345 before 10:00am on 12 April 2021. 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 Secretariat of the Transnet Port Terminals Acquisition Council on any matter relating to its RFQ response: Telephone: 031 308 83434Email:[email protected] Compliance The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations.5Changes to Quotations Changes by the Respondent to its submission will not be considered after the closing date and time.6Binding 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 iCLM HQ 600/TPT7Page 6 of 33Disclaimers 7.1Respondents 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;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 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 closingdate and/or after the award of the business, unless the contractspecifically provides for it; 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;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 beTransnet Request for Quotation No iCLM HQ 600/TPTPage 7 of 33requested to advise whether they would still be prepared to provide the required Services at their quoted price, even after they have been issued with a Letter of Regret. Bidders must please note that this RFQ is for two (2) terminals and business will be evaluated and awarded separately for Durban and Port Elizabeth (Please refer to Annexure Cs). However, should a service provider qualify for both regions and be preferred based on price and BBBEE then business may be awarded to one service provider for both regions.8Specification/Scope of Work Refer to Annexure A1 and A29Legal 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.10Security clearance Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require.11National 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/.12Tax 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).Transnet Request for Quotation No iCLM HQ 600/TPTPage 8 of 33It 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. It is a requirement that bidders grant a written confirmation when submitting this bid that SARS may on an ongoing basis during the tenure of the contract disclose the bidder’s tax compliance status and by submitting this bid such confirmation is deemed to have been granted. 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. 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. 13Protection of Personal Data In responding to this bid, Transnet acknowledges that it may obtain and have access to personal data of the Respondents. Transnet agrees that it shall only process the information disclosed by Respondents in their response to this bid for the purpose of evaluating and subsequent award of business and in accordance with any applicable law. Furthermore, Transnet will not otherwise modify, amend or alter any personal data submitted by Respondents or disclose or permit the disclosure of any personal data to any Third Party without the prior written consent from the Respondents. Similarly, Transnet requires Respondents to process any personal information disclosed by Transnet in the bidding process in the same manner. The detailed mutual duties of Transnet and the Respondents to protect personal information are contained in paragraph 36 of the General Bid Conditions.Transnet urges its clients, suppliers and the general public to report any fraud or corruption to TIP-OFFS ANONYMOUS: 0800 003 05Transnet Request for Quotation No iCLM HQ 600/TPTPage 9 of 33 Returnable DocumentSECTION 3 EVALUATION METHODOLOGY, CRITERA AND RETURNABLE DOCUMENTS 1Evaluation Criteria Transnet will utilise the following methodology and criteria in selecting a preferred Supplier/Service provider, if so required:STAGE 1: PREQUALIFICATIONStep 1 Administrative responsiveness Returnable documents/ schedulesSTAGE 2 Step 3Step 2 Substantive responsivenessMINIMUM THRESHOLDSPrequalificationFunctionality/ technicalSTAGE 3 Step 4Step 7Weighted scoring / 100*** Post tender negotiation with preferred70% Minimum ThresholdStep 6Step 5Price (80)bidder [2ndrdB-BBEE scorecard (20)WEIGHTED SCOREand3 ranked bidders (if required) in a sequential and not simultaneous manner] if pricing is not market-relatedSelection of the preferred bidder. (Objective criterion to justify award to someone other than the highest ranked bidder must have been stated in the bid documents and can be used at this stage, if applicable)Technical / Functional criteria & weightings must be stipulated in the tender document-1.1 STEP ONE: Test for Administrative Responsiveness 1The test for administrative responsiveness will include the following: Administrative responsiveness checkRFQ ReferenceWhether the Bid has been lodged on timeWhether all Returnable Documents and/or schedules [where_________________________ Respondent’s SignatureSection 3____________________________ Date & Company StampAward of business and conclusion of contractTransnet Request for Quotation No iCLM HQ 600/TPTPage 10 of 33 Returnable Documentapplicable] were completed and returned by the closing date and timeSection 3Verify the validity of all returnable documentsVerify if the Bid document has been duly signed by the authorisedAll sectionsrespondentThe test for administrative responsiveness [Step One] must be passed for a Respondent’s Proposal to progress to Step Two for further pre-qualification1.2 STEP TWO: Test for Substantive Responsiveness to RFQ The test for substantive responsiveness to this RFQ will include the following: Check for substantive responsiveness RFQ ReferenceWhether any general pre-qualification criteria set byAll sections including:Transnet, have been metSection 2 paragraphs 2.2, 3Whether the Bid contains a priced offerSection 4 - Quotation FormWhether the Bid materially complies with the scopeAll Sectionsand/or specification givenThe test for substantive responsiveness [Step Two] must be passed for a Respondent’s proposal to progress to Step Three for further evaluation 1.3 STEP THREE: Minimum Threshold 70% for Technical Criteria The test for the Technical and Functional threshold will include the following: PE Car & Container Terminal: Scoring guideline Technical Evaluation Criteria% WeightingsRefer to SOW Appendix 1, 3, 5, 6, 9 – Refer to Annexure C for scoring principleDriving Services Experience20SOW Appendix 1Geographical Proximity20SOW Appendix 3Training Capability20SOW Appendix 5_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 11 of 33 Returnable DocumentScoring guideline Technical Evaluation Criteria% WeightingsRefer to SOW Appendix 1, 3, 5, 6, 9 – Refer to Annexure C for scoring principleBusiness Continuity Plan20SOW Appendix 6Conformance To Equipment20SOW Appendix 9Requirements Total Weighting: Minimum qualifying score100% 70required: Durban Multi-Purpose Terminal: Scoring guideline Technical Evaluation Criteria% WeightingsRefer to SOW Appendix 1, 3, 5, 6 – Refer to Annexure C for scoring principleDriving Services Experience20SOW Appendix 1Geographical Proximity20SOW Appendix 3Training Capability30SOW Appendix 5Business Continuity Plan30SOW Appendix 6Total Weighting: Minimum qualifying score100% 70required:_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 12 of 33 Returnable DocumentRespondents 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 1.4 STEP FOUR: Evaluation and Final Weighted Scoring a)Price Criteria [Weighted score 80 points]: Evaluation CriteriaRFQ ReferenceSection 4Commercial offer Transnet will utilise the following formula in its evaluation of Price: PS = 80 Where:Ps =Score for the Bid under considerationPt =Price of Bid under considerationPmin =Price of lowest acceptable Bid1.5 STEP 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 remain valid during the negotiation period and until the ultimate award of business._________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 13 of 33 Returnable Document Should Transnet conduct post tender negotiations, Respondents will be requested to provide their best and final offers to Transnet based on such negotiations. A final evaluation will be conducted in terms of 80/20 and the contract will be negotiated and awarded to the successful Respondent(s). 1.6 STEP 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 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; and-Reputational and Brand risks1.7 STEP 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. 2Validity Period Transnet requires a validity period of 90 [ninety] Business Days from the closing date of this RFQ. 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 approvedthe 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 StampTransnet Request for Quotation No iCLM HQ 600/TPT3Page 14 of 33 Returnable DocumentDisclosure of 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 Respondentsinter alia on the National Treasury e-Tender Publication Portal, (www.etenders.gov.za), as required per National Treasury Instruction Note 01 of 2015/2016. 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 the quotation based on the consequences of non-submission as indicated below: Mandatory ReturnableFailure to provide all these Mandatory ReturnableDocumentsDocuments at the Closing Date and time of this RFQ will result in a Respondent’s disqualification.Returnable Documents UsedFailure to provide all Returnable Documents usedfor Scoringfor 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 ReturnableFailuretoprovideessentialReturnableDocumentsDocuments 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 Documents Respondents are required to submit with their Quotations the Mandatory Returnable Documents, and also to confirm submission of these documents by so indicating [Yes or No] in the tables below: Mandatory Returnable Documents_________________________ Respondent’s SignatureSubmitted [Yes or No]____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 15 of 33 Returnable DocumentSubmittedMandatory Returnable Documents[Yes or No]SECTION 1: SBD1 Form SECTION 4 : Annexure C – Pricing Schedule b)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 SOW APPENDIX 1: Driving Services Experience SOW APPENDIX 2: Resource Capability SOW APPENDIX 3: Geographical Proximity SOW APPENDIX 4: Communication SOW APPENDIX 5: Training Capability SOW APPENDIX 6 : Business Continuity Plan SOW APPENDIX 7: Conformance to Basic Conditions of Employment Act (BCEA) SOW APPENDIX 8 : Conformance To Quality Requirements SOW APPENDIX 9 : Conformance To Equipment Requirements SOW APPENDIX 10: OCCUPATIONAL HEALTH & SAFETY ACT COMPLIANCE (i.e. S.H.E File) 5CONTINUED 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 B-BBEE Verification Certificate, 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_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 16 of 33 Returnable Documentwhen 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 Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 17 of 33 Returnable DocumentSECTION 4 QUOTATION FORM I/We_____________________________________________________________________ hereby offer to supply the services at the prices quoted in the Price Schedule attached as Annexure B, 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 Services to Transnet;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 Refer to Annexure B 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 marketrelated 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 marketrelated price, negotiate a market-related price with the Respondent scoring the third highest points or cancel the RFQ._________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 18 of 33 Returnable DocumentIf 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 VAT c)Any disbursement not specifically priced for above will not be considered/accepted by Transnet.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 will 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 StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 19 of 33 Returnable DocumentSECTION 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 condition or failed properly to take it into account in calculating tendered prices or any other purpose: 1. Transnet’s General Bid Conditions 2. Standard RFQ Terms and Conditions for the supply of Goods or Services to Transnet 3. Transnet’s Supplier Integrity Pact 4. Non-disclosure Agreement 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 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._________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 20 of 33 Returnable DocumentSIGNED at ____________________ on this _____ day of _______________2021 SIGNATURE OF WITNESSESADDRESS OF WITNESSES1 ______________________________________________________Name __________________________________________________2 ______________________________________________________Name __________________________________________________SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ______________________ NAME: ____________________________________________ DESIGNATION: ______________________________________________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 21 of 33 Returnable DocumentSECTION 6 RFQ DECLARATION AND BREACH OF LAW FORM NAME OF ENTITY: ________________________________________________________ We ___________________________________________________________ do hereby certify that: 1. 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 has 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 paragraph 3 of the Transnet Supplier Integrity Pact which includes but is 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;_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 22 of 33 Returnable Document8. 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 is / is not [delete as applicable] a former employee or board member of Transnet in the past 10 years. I further declare that if they were 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; and 10. If such a relationship as indicated in paragraph 7, 8 and/or 9 exists, the Respondent is to complete the following section:FULL 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] 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. 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:_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 23 of 33 Returnable DocumentNATURE OF BREACH: ___________________________________________________________________ DATE OF BREACH: _____________________________ Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Respondent from the bidding process, should that person or entity have been found guilty of a serious breach of law, tribunal or regulatory obligation. SIGNED at _____________________on this _____ day of ____________________2021For and on behalf ofAS WITNESS:___________________________ duly authorised hereto Name:Name:Position:Position:Signature:Signature:Date:Registration No of Company/CC ________________________________________Place:Registration Name of Company/CC ____________________________________________________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 24 of 33 Returnable DocumentSECTION 7 B-BBEE PREFERENCE POINTS CLAIM FORM This preference form must form part of all bids invited.It contains general information andserves as a claim for preference points for Broad-Based Black Economic Empowerment [BBBEE] 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,ASPRESCRIBEDINTHEPREFERENTIALPROCUREMENTREGULATIONS, 2017.1.GENERAL CONDITIONS1.1The following preference point systems are applicable to all bids: -the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and-the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).1.2The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable. Despite the stipulated preference point system, Transnet shall use the lowest acceptable bid to determine the applicable preference point system in a situation where all received acceptable bids are received outside the stated preference point system.1.3Either the 80/20 preference point system will be applicable to this tender.1.4Preference points for this bid shall be awarded for: (a) Price; and (b) B-BBEE Status Level of Contribution.1.5The maximum points for this bid are allocated as follows:_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 25 of 33 Returnable DocumentPOINTS PRICE80B-BBEE STATUS LEVEL OF CONTRIBUTOR20Total points for Price and B-BBEE must not100exceed1.6Failure 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.1.7The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.2.DEFINITIONS (a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; (b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act; (c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; (d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the supply/provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals; (e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (f) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); (g) “functionality” means the ability of a bidder to provide goods or services in accordance with specification as set out in the bid documents; (h) “Price” includes all applicable taxes less all unconditional discounts. (i) “Proof of B-BBEE Status Level of Contributor” 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;_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 26 of 33 Returnable Document3) 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 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 Pt  P min   Ps  801   P min  Where Ps=Points scored for comparative price of bid under considerationPt=Comparative price of bid under considerationPmin=Comparative price of lowest 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: B-BBEE Status Level of Contributor(80/20 system)12021831441258667482Non-compliant contributor0_________________________ Respondent’s SignatureNumber of points____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPT4.2Page 27 of 33 Returnable DocumentThe table below indicates the required proof of B-BBEE status depending on the category of enterprises: EnterpriseB-BBEE Certificate & Sworn AffidavitLargeCertificate issued by SANAS accredited verification agencyQSECertificate 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 obtainedontheDTI’swebsiteatwww.dti.gov.za/economic_empowerment/bee_codes.jsp.] EMESworn 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 sub-contractor 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._________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPT4.7Page 28 of 33 Returnable DocumentBidders 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 DECLARATION5.1Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:6.B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 6.16.1B-BBEE Status Level of Contribution:.=……… (maximum of 20 points)(Points claimed in respect of paragraph 6.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7.SUB-CONTRACTING7.1Will any portion of the contract be sub-contracted? (Tick applicable box) YES7.1.1NOIf yes, indicate: i)What percentage of the contract will be subcontracted............…………….…………%ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. iv) Whether the sub-contractor is an EME or QSE(Tick applicable box) YESNOv) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: Designated Group: An EME or QSE which is at lastEME √QSE √51% owned 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_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 29 of 33 Returnable Documenttownships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE 8.DECLARATION WITH REGARD TO COMPANY/FIRM8.1Name of company/firm:…………………………………………………………………………….8.2VAT registration number:……………………………………….…………………………………8.3Company registration number:…………….……………………….…………………………….8.4TYPE OF COMPANY/ FIRM Partnership/Joint Venture / ConsortiumOne person business/sole proprietyClose corporationCompany(Pty) Limited[TICK APPLICABLE BOX] 8.5DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… …………………………………………..8.6COMPANY CLASSIFICATION ManufacturerSupplierProfessional service providerOther service providers, e.g. transporter, etc.[TICK APPLICABLE BOX]8.7Total number of years the company/firm has been in business: ……………………………8.8I/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 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that: i) The information furnished is true and correct;_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 30 of 33 Returnable Documentii) 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(a)disqualify the person from the bidding process;(b)recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;(c)cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;(d)if the successful bidder subcontracted a portion of the bid to another person without disclosing it, Transnet reserves the right to penalise the bidder up to 10 percent of the value of the contract;(e)recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and(f)forward the matter for criminal prosecution.WITNESSES………………………………………. SIGNATURE(S) OF BIDDERS(S)1. …………………………………….. 2. …………………………………….DATE: ………………………………….. ADDRESS ………………………………….. ………………………………….. ………………………………….._________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 31 of 33 Returnable DocumentSECTION 8: SBD 9- CERTIFICATE OF INDEPENDENT BID DETERMINATION 1. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging). Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds. Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process.Bid rigging is, therefore, anagreement between competitors not to compete. 2. Transnet will take all reasonable steps to prevent abuse of the supply chain management system and to: a.disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.b.cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract.3. This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 4. In order to give effect to the above, the following certificate of Bid Determination (SBD 9) must be completed and submitted with the bid:_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 32 of 33 Returnable DocumentCERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: _________________________________________________________________ (Bid Number and Description) in response to the invitation for the bid made by: _________________________________________________________________ (Name of Institution) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: _______________________________________________________that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: a. has been requested to submit a bid in response to this bid invitation; b. could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and c. provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However_________________________ Respondent’s Signature____________________________ Date & Company StampTransnet Request for Quotation No iCLM HQ 600/TPTPage 33 of 33 Returnable Documentcommunication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7.In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: a. prices; b. geographical area where product or service will be rendered (market allocation) c. methods, factors or formulas used to calculate prices; d. the intention or decision to submit or not to submit, a bid; e. the submission of a bid which does not meet the specifications and conditions of the bid; or f.bidding with the intention not to win the bid.8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. 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. 10. 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.……………………………………………………………………………………SignatureDate………………………………………………….…………………………………PositionName of Bidder_________________________ Respondent’s Signature____________________________ Date & Company StampScope of WorkTransnet Port Terminals Annexure A1 – Scope of Work (Port Elizabeth Car & Container Terminal)TENDER NUMBER iCLM HQ 600/TPT Description: FOR THE PROVISION OF DRIVING, HANDLING AND SURVEYING SERVICES IF IMPORT, EXPORT AND TRANSHIPMENT VEHICLES (NEW & USED) INCLUDING ABNORMAL VEHICLES (HIGH & HEAVY) AND RELATED CARGO THERETO INCLUDING CARGO REQUIRING SPECIALISED EQUIPMENT AT DURBAN MULTI PURPOSE TERMINAL AND PORT ELIZABETH CAR AND CONTAINER TERMINAL FOR TRANSNET SOC LTD (REG NO. 1990/000900/30) OPERATING AS TRANSNET PORT TERMINALS (HEREINAFTER REFERRED TO AS “TPT”) ON AN AS AND WHEN REQUIRED BASIS, FOR A PERIOD OF THREE (3) MONTHS.Page 1 of 16Scope of WorkTable of Contents ContentPage1. Background22. Scope of work23. Obligations of the Service Provider64. Functional Requirements145. Performance Requirements146. Other157. Constraints15i.Annexure A – SHE File RequirementsPage 2 of 16Scope of Work1. Background Port Elizabeth Car Terminal handles import, exports and transhipment of new, used and abnormal cargo through the terminal.Transnet Port Terminals (“TPT”) intends to outsource the Driving Services to one (1) Service Provider to perform the Driving, surveying and handling Services at the Port Elizabeth Car Terminal for a period of three (3) months, for Transnet Port Terminals, operating divisions of Transnet SOC Ltd. The Driving Services include, but are not limited to, driving and tallying services of import, export and transhipment vehicles (new and used), including abnormal vehicles (high and heavy and cargo relating to them as well as other break bulk cargo). The Driving Services may also include various ad hoc services which are related to the import and export of vehicles (new and used), including abnormal vehicles and cargo as specified by TPT from time to time. The ad hoc services are those functions which are stipulated by OEMS to ensure that the movement of vehicles and cargo is in accordance with OEM requirements as advised from time to time. Manuals issued by OEM’s will be made available by TPT to the Service Provider upon the conclusion of the contract, as TPT in its sole and unfettered discretion shall decide. 2. Scope of Work The Port Elizabeth Car Terminal requires the Service Provider to conduct driving, surveying and handling services of all categories of vehicles (Passenger, commercial, heavy commercial vehicles and static cargo flatbed trucks) as follows: 2.1 Waterside Operations: a)From Vessel to Handover: I.The Shipping Lines calling at the Port Elizabeth Car Terminal appoints a Stevedoring company to drive units from the vessel across the vessel ramp to a handover point.II.The service provider is required to take over the unit at the handover point / first point of rest and drive the units to the dispatching area.Page 3 of 16Scope of WorkIII.No vehicles may be taken from the stack or first point of rest until the survey or inspection (by an employee from “The Service Provider” on behalf of TPT) process is completed.IV.Driver Services will accept liability for all claims arising from failure to perform inspection duties properly.V.Close all windows, bonnet, boot, sunroof and doors, which may be open on the vehicles. Ensure that vehicles are secure and parked as per OEM Scope of Work standards and requirements (this is applicable to wing-mirrors, keys, windows).VI.The Shipping Lines calling at the Port Elizabeth Car Terminal appoints a Stevedoring company to drive units from the stack to the vessel.VII.The Service Provider will upon instruction of a delivery note, drive the vehicle from the stack to handover point to the transporter.b)I.From Handover to VesselThe Shipping Lines calling at the Port Elizabeth Car Terminal appoints a Stevedoring company to drive units from the handover point across the vessel ramp to the vessel decks.II.The Service Provider will upon instruction of a delivery note, drive the vehicle from receiving light tunnel to the stack/ handover point.III.No vehicles may be taken from the receiving light tunnel until the survey or inspection (by an employee from “The Service Provider” on behalf of TPT) process is completed.IV.Driving Service will accept liability for all claims arising from failure to perform inspection duties properly.V.Close all windows, bonnet, boot, sunroof and doors, which may be open on the vehicles. Ensure that vehicles are secure and parked as per OEM standards and requirements (this is applicable to wing-mirrors, keys, windows).VI.The Shipping Lines calling at the Port Elizabeth Car Terminal appoints a Stevedoring company to drive units from the stack to the vessel.VII.The Service Provider will upon instruction of a delivery note, drive the vehicle from the stack to handover point to the transporter.Page 4 of 16Scope of Work2.2Landside Operations:a) From Rail to stack and vice versa I.Prior to any operation taking place in all the rail sidings, the Service Provider shall ensure that all safety standards, including lock-out procedures are understood and strictly complied with as well as unlashing SOPs are adhered to.II.The Service Provider shall ensure that all personnel comply with the PPE requirements for loading/offloading of any vehicles onto/off rail trucks and that safety talks are conducted prior to the handling of any rail activity. Proper written minutes, must be prepared for each occasion and a copy must be provided to TPT.III.When the vehicles arrive for export the service provider is required to un-lash the vehicle