Removal and Disposal of Rubble as and when Required for a Period of Approximately Two (2) Months And/or Once the Quantity Stipulated or Budget is Depleted

Tender Summary:

CRAC DNR 34257

See details below or the tender documentation

Tender Closed on: 2020-12-01 10:00:00

Transportation

Durban, KwaZulu-Natal

Transnet SOC Ltd

Bid Number: CRAC DNR 34257

Bid Description: REMOVAL AND DISPOSAL OF RUBBLE AS AND WHEN REQUIRED FOR A PERIOD OF APPROXIMATELY TWO (2)  MONTHS AND/OR ONCE THE QUANTITY STIPULATED OR BUDGET IS DEPLETED

Name of Institution: Transnet Freight Rail

Place where Goods, Works or Services are required: PORT OF DURBAN

Date Published:  20 November 2020

Closing Date / Time: 01 December 2020, 10h00am.

Contact Person:  Uginthree Pillay / Lindiwe Sithole

Email: [email protected]  or [email protected]

Telephone number: 031 361 5107 /031 361 4023

Fax number: Not applicable

Where bid documents can be obtained:

The bid can be downloaded from this website: www.etenders.gov.za

Alternatively, for those Bidders that require a hard copy from Transnet rather than downloading from the website, the following steps apply:

  1. Pay a R100 bid fee

Account Name : Transnet Freight Rail

Account : Standard Bank

Account number : 203158598

Branch code : 004805

Reference : CRAC DNR 34257

The bid document can be collected at: THE RECEPTION, 100 EEL ROAD, BAYHEAD, DURBAN.

Where bids should be delivered: TENDER BOX AT 100 EEL ROAD, BAYHEAD, DURBAN.

Transnet will not be held liable if Bidders do not respond by this date and do not receive the latest information regarding this RFP/RFQ as a result thereof.

Additional Special Conditions

In terms of paragraph 3 of the NATIONAL TREASURY SCM INSTRUCTION NO 4 OF 2016/2017, which became effective on 1 May 2016, Transnet must ensure that:

 Suppliers of Transnet are registered on the Central Supplier Database [CSD] before any procurement related activities commences;

  The CSD can be used as the single list of prospective suppliers for Transnet

Furthermore, according to paragraph 5.6 Transnet may only award bids to suppliers after verifying that the supplier is registered as prospective suppliers on the National Treasury Central Supplier Database.

Transnet Freight Rail urges Clients & Suppliers to report fraud/corruption at

Transnet Tip Off Hotline: 0800 003 056

Email: [email protected] : Fax Number:  0800 007 788: Freepost DN 298, Umhlanga Rocks, 4320

 


{TENDER_DOCUMENTS_TEXT_START} TRANSNET FREIGHT RAIL, An operating division of TRANSNET SOC LTD [hereinafter referred to as Transnet] Registration Number 1990/000900/30 REQUEST FOR QUOTATION [RFQ] No CRAC DNR 34257 FOR THE : REMOVAL AND DISPOSAL OF RUBBLE AS AND WHEN REQUIRED FOR A PERIOD OF APPROXIMATELY TWO (2) MONTHS AND/OR ONCE THE QUANTITY STIPULATED OR BUDGET IS DEPLETED REQUIRED AT : PORT OF DURBAN ISSUE DATE : 20 NOVEMBER 2020 CLOSING DATE : 01 DECEMBER 2020 CLOSING TIME : 10H00 PREFERENTIAL PROCUREMENT PREQUALIFICATION CRITERIA - ONLY THE FOLLOWING RESPONDENTS MAY RESPOND TO THIS RFQ: - RESPONDENTS WITH A MINIMUM B-BBEE STATUS LEVEL OF ONE (1): EXEMPTED MICRO ENTERPRISES (EMEs) Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 2 of 28 Section 1: SBD1 FORM PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF TRANSNET FREIGHT RAIL, A DIVISION TRANSNET SOC LTD CRAC DNR ISSUE CLOSING BID NUMBER: 34257 DATE: 20.11.2020 DATE: 01.12.2020 CLOSING TIME: 10H00 REMOVAL AND DISPOSAL OF RUBBLE AT THE PORT OF DURBAN, DESCRIPTION FOR A PERIOD OF APPROXIMATELY TWO (2) MONTHS AND/OR ONCE THE QUANTITY STIPULATED OR BUDGET IS DEPLETED BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) 100 EEL ROAD, BAYHEAD, DURBAN BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO CONTACT PERSON Uginthree Pillay TELEPHONE NUMBER 031 361 5107 FACSIMILE NUMBER Not applicable E-MAIL ADDRESS [email protected] SUPPLIER INFORMATION TECHNICAL ENQUIRIES MAY BE DIRECTED TO: CONTACT PERSON Marvellous Sithole TELEPHONE NUMBER 0838422452 FACSIMILE NUMBER Not applicable E-MAIL ADDRESS [email protected] NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBER CELLPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS VAT REGISTRATION NUMBER SUPPLIER COMPLIANCE STATUS B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE CODE NUMBER CODE NUMBER TAX COMPLIANCE SYSTEM PIN: OR TICK APPLICABLE BOX] Yes CENTRAL SUPPLIER DATABASE B-BBEE STATUS LEVEL SWORN AFFIDAVIT UNIQUE REGISTRATION REFERENCE NUMBER: MAAA [TICK APPLICABLE BOX] Yes No No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] 1 ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No 2 ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED? [IF YES ENCLOSE PROOF] Yes No [IF YES, ANSWER QUESTIONAIRE BELOW ] QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? NO YES YES Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 3 of 28 DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? NO YES DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? NO YES IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? NO YES IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 BELOW. PART B TERMS AND CONDITIONS FOR BIDDING 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 CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 4 of 28 SECTION 2: NOTICE TO BIDDERS _______________________________________________________________________ 1 Responses to RFQ Responses to this RFQ [Quotations] must not include documents or reference relating to any other quotation or proposal. Any additional conditions must be embodied in an accompanying letter. DESCRIPTION REMOVAL AND DISPOSAL OF RUBBLE AT THE PORT OF DURBAN AS AND WHEN REQUIRED FOR A PERIOD OF APPROXIMATELY TWO (2) MONTHS AND/OR ONCE THE QUANTITY STIPULATED OR BUDGET IS DEPLETED [THE SERVICE] This RFP may be downloaded directly from National Treasury’s e-Tender Publication Portal at www.etenders.gov.za free of charge. To download RFP and Annexures: Click on “Tender Opportunities”; Select “Advertised Tenders”; RFP DOWNLOADING EMAIL ADDRESS FOR COMMUNICATION ISSUE AND COLLECTION DATE DEADLINE BRIEFING SESSION CLOSING DATE AND TIME In the “Department” box, select Transnet SOC Ltd; Once the tender has been located in the list, click on the ‘Tender documents” tab and process to download all uploaded documents. Alternatively, this RFP may be purchased at R100 (inclusive of VAT) per set for those bidders that require a hard copy from Transnet. Payment is to be made as follows: Bank: Standard Bank Account Number: 203158598 Branch code: 004805 Account Name: Transnet Freight Rail Reference: CRAC DNR 34257 NOTE – This amount is not refundable. A receipt for such payment made must be presented when collecting the RFP documents and submitted thereafter with your Proposal. Once Bidders download the RFP off the Portal, they are required to send their contact details to the following address: [email protected] This is to ensure that any required communication in relation to this RFP reaches those intending to respond. Furthermore, any addenda to the RFP or clarifications will be published on the e-tender portal. Bidders are required to check the etender portal prior to finalising their bid submissions for any changes or clarifications to the RFP. Transnet will not be held liable if Bidders do not receive the latest information regarding this RFP with the possible consequence of either being disadvantaged or disqualified as a result thereof. Bidders are to note that the RFP documents will be available for download from 20 November 2020 or may be collected between 09:00 am and 03:00 pm from 23 November 2020 until 30 November 2020 Bidders wishing to collect a hard copy of such RFP documents from the Transnet issuing office, are required to inform that office at the contact details indicated below on the day before collection in order to allow for timeous reproduction of the documentation. Name: Lindiwe Sithole Email address: [email protected] Room D19, 100 Eel Road, Durban 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 4 [Communication] below. 10:00am on Tuesday 01 December 2020 in the Tender Box at the below address. This bid shall close punctually at the following address below: The Chairperson, Transnet Freight Rail Acquisition Council, 100 Eel Road, Bayhead Durban. Bidders must ensure that bids are delivered timeously to the correct address. As a general rule, if a bid is late or delivered to the incorrect address, it will not be accepted for consideration. Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted BID OPENING VALIDITY PERIOD 2 Page 5 of 28 A public opening will not be held for this bid, however Respondents will be provided with a copy of the opening register indicating the names of the Respondents. 15 May 2021 - 90 (Ninety) Business Days from Closing Date Bidders are to note that they may be requested to extend the validity period of their bid, at the same terms and conditions, if the internal evaluation process has not been finalised within the validity period. However, once the adjudication body has approved the process and award of the business to the successful bidder(s), the validity of the successful bidder(s)’ bid will be deemed to remain valid until a final contract has been concluded. With regard to the validity period of next highest ranked bidders, please refer to Section 2, paragraph 9.1 Formal Briefing A compulsory RFQ briefing will be not be conducted. 3 Preferential Procurement Prequalification Criteria 3.1 Minimum B-BBEE level Transnet has set a minimum B-BBEE threshold for participation in this RFQ process. The minimum BBBEE threshold in this instance is a B-BBEE Level One (1). Respondents who do not have at least this BBBEE status or higher will be disqualified. 3.2 Exempted Micro Enterprises Transnet has set a prequalification criterion that only Exempted Micro Enterprises (EMEs) may participate in this RFQ process. A bid that fails to meet this pre-qualifying criteria will be regarded as an unacceptable bid. 4 Communication 4.1 Specific queries relating to this RFQ before the closing date of the RFQ should be submitted to [email protected] before 10:00 am on 25 November 2020. In the interest of fairness and transparency Transnet’s response to such a query will then be made available to other bidders. 4.2 It is prohibited for Respondents to attempt, either directly or indirectly, to canvass any officer or employee of Transnet in respect of this RFQ between the closing date and the date of the award of the business. 4.3 Respondents found to be in collusion with one another will be automatically disqualified and restricted from doing business with organs of state for a specified period.. 4.4 Respondents may also, at any time after the closing date of the RFQ, communicate with the Secretariat of the Transnet Acquisition Council on any matter relating to its RFQ response: Secretary of the Acquisition Council 5 Name: Lindiwe Sithole Telephone: 031 361 4023 Email: [email protected] Legal Compliance The successful Respondent shall be in full and complete compliance with any and all applicable national and local laws and regulations. 6 Employment 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. Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted 7 Page 6 of 28 Changes to Quotations Changes by the Respondent to its submission will not be considered after the closing date and time. 8 Binding Offer Any Quotation furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this statement must be clearly and specifically indicated. 9 Disclaimers 9.1 Respondents are hereby advised that transnet is not committed to any course of action as a result of its issuance of this RFQ and/or its receipt of a quotation in response to it. Please note that transnet reserves the right to:  modify the rfq’s goods / service(s) and request respondents to re-bid on any changes;  reject any Quotation which does not conform to instructions and specifications which are detailed herein;  disqualify Quotations submitted after the stated submission deadline;  not necessarily accept the lowest priced Quotation or an alternative bid;  place an order in connection with this Quotation at any time after the RFQ’s closing date;  award only a portion of the proposed goods 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;  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 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. 10 Specification/Scope of Work - As detailed in Section 3 – Pricing Schedule, Removal and Disposal of Rubble (Mixture of Asphalt, Sub-base material, concrete, vegetation and sand) at the Port of Durban as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted. Proof of the dumpsite registered with the Department of Environmental Affairs that will be used for the disposal of rubble within the Ethekweni Municipality to be provided. Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted 11 Page 7 of 28 Legal review A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. 12 Security clearance Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all such security measures as the safe performance of the contract may require. 13 National Treasury’s Central Supplier Database Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been established to centrally administer supplier information for all organs of state and facilitate the verification of certain key supplier information. 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/. 14 Tax Compliance Respondents must be compliant when submitting a proposal to Transnet and remain compliant for the entire contract term with all applicable tax legislation, including but not limited to the Income Tax Act, 1962 (Act No. 58 of 1962) and Value Added Tax Act, 1991 (Act No. 89 of 1991). It is a condition of this bid that the tax matters of the successful Respondents be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the Respondents tax obligations. The Tax Compliance status requirements are also applicable to foreign Respondents/ individuals who wish to submit bids. 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. 15 Protection of Personal Data In responding to this bid, Transnet acknowledges that it may obtain and have access to personal data of the Respondents. Transnet agrees that it shall only process the information disclosed by Respondents in their response to this bid for the purpose of evaluating and subsequent award of business and in accordance with any applicable law. 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 Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 8 of 28 duties of Transnet and the Respondents to protect personal information is 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 05 Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 9 of 28 SECTION 3 EVALUATION METHODOLOGY, CRITERIA AND RETURNABLE DOCUMENTS 1 Evaluation Criteria Transnet will utilise the following methodology and criteria in selecting a preferred Supplier/Service provider, f so required: STAGE 1: PREQUALIFICATION Step 1 Administrative responsiveness STAGE 1 Step 2 Step 3 Substantive responsiveness MINIMUM THRESHOLDS Technical Compliance (100%) Prequalification STAGE 2 Step 4 Step 6 Step 5 Weighted scoring / 100* Price (80) Post tender negotiation with preferred bidder [2 nd and rd B-BBEE scorecard (20) Step 2: Preferential Procurement prequalification criteria that only one or more of the following may participate: - Entities with a Minimum B-BBEE status of Level One (1) - EMEs only 3 ranked bidders (if required) in a sequential and not simultaneous manner] if pricing is not market-related Award of business and conclusion of contract WEIGHTED SCORE Technical Pre-qualification Criteria: - Proof of the dumpsite registered with the Department of Environmental Affairs that will be used for the disposal of rubble within the Ethekweni Municipality. Legislative prequalification criteria: - SBD1 Form - NB: Evaluation of the various stages will normally take place in a sequential manner. However, in order to expedite 1 the process, Transnet reserves the right to conduct the different stages of the evaluation process in parallel. In such instances the evaluation of bidders at any given stage must not be interpreted to mean that bidders have necessarily passed any previous stage(s). 1 _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted 1.1 Page 10 of 28 STEP ONE: Test for Administrative Responsiveness The test for administrative responsiveness will include the following: Administrative responsiveness check RFQ Reference Section 2, Notice to Whether the Bid has been lodged on time Bidders Section 3 Whether all Returnable Documents and/or schedules [where applicable] were completed and returned by the closing date and time Section 3 Verify the validity of all returnable documents All sections Verify if the Bid document has been duly signed by the authorised respondent The test for administrative responsiveness [Step One] must be passed for a Respondent’s Proposal to progress to Step Two for further pre-qualification 1.2 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 Reference Whether any general pre-qualification criteria set by Transnet, have All sections including , been met Section 2 paragraphs 3.1, 4 Whether the Bid contains a priced offer Section 4 - Quotation Form  Whether any set prequalification criteria for preferential Section 2 - Paragraph 4 procurement have been met: − BBBEE status of Level One (1) − EMEs may participate in this RFQ Section 1 Whether any other legislative prequalification criteria set by Transnet have been met as follows: − SBD1 Form must be completed in full and submitted The 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: Technical Criteria Check for technical compliance RFQ REFERENCE Whether any Technical prequalification criteria set by Transnet have been met as follows: - Valid Proof of the dumpsite registered with the Department Environmental Affairs that will be used within the Ethekweni Municipality. Section 3 of The test for technical compliance must be passed for a Respondent’s Proposal to progress to Step Four. _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted 1.4 Page 11 of 28 STEP FOUR: Evaluation and Final Weighted Scoring Price Criteria [Weighted score 80 points]: Evaluation Criteria  RFQ Reference Section 4 Commercial offer Transnet will utilise the following formula in its evaluation of Price: PS = 80 Where: Ps = Score for the Bid under consideration Pt = Price of Bid under consideration Pmin = Price of lowest acceptable Bid Broad-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. 1.5 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.:first negotiate with the highest ranked bidder or cancel the bid, should such negotiations fail, negotiate 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. 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: 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. 2 Validity Period Transnet requires a validity period of 90 [Ninety] Business Days from the closing date of this RFQ. _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 12 of 28 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. 3 Disclosure 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 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. 4 Returnable Documents Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below. There are three types of returnable documents as indicated below and Respondents are urged to ensure that these documents are returned with the quotation based on the consequences of non-submission as indicated below: Mandatory Returnable Failure to provide all these Mandatory Returnable Documents at the Documents Closing Date and time of this RFQ will result in a Respondent’s disqualification. Returnable Documents Used Failure to provide all Returnable Documents used for purposes of scoring for 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 Failure to provide essential Returnable Documents will result in Documents 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: Submitted [Yes or No] Mandatory Returnable Documents SECTION 1: SBD1 Form SECTION 4 : Quotation Form - Valid proof of Respondent’s compliance to B-BBEE requirements stipulated in Section 2 and 7 of this RFQ. _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted b) Page 13 of 28 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: SUBMITTED [Yes or No] RETURNABLE DOCUMENTS USED FOR SCORING - Valid proof of the dumpsite registered with the department of Environmental Affairs that will be used within the Ethekweni Municipality. Failure to provide all Returnable Documents used for 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. 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 & SCHEDULES SUBMITTED [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 Supplier Declaration Form 5 CONTINUED VALIDITY OF RETURNABLE DOCUMENTS The successful Respondent will be required to ensure the validity of all returnable documents, including but not limited to its 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 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 Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 14 of 28 SECTION 4 QUOTATION FORM I/We_________________________________________________________________________________ hereby offer to supply the goods/services at the prices quoted in the Price Schedule below, in accordance with the conditions related thereto. I/We agree to be bound by those terms and conditions in: the Standard RFQ Terms and Conditions for the Supply of Goods and any other standard or special conditions embodied in this Request for Quotation. I/We accept that unless Transnet should otherwise decide and so inform me/us, this Quotation [and, if any, its covering letter and any subsequent exchange of correspondence], together with Transnet’s acceptance thereof shall constitute a binding contract between Transnet and me/us. I/We further agree that if, after I/we have been notified of the acceptance of my/our Quotation, I/we fail to deliver the said goods/service/s within the delivery lead-time quoted, Transnet may, without prejudice to any other legal remedy which it may have, cancel the order and recover from me/us any expenses incurred by Transnet in calling for Quotations afresh and/or having to accept any less favourable offer. Price Schedule I/We quote as follows for the goods/services required, on a “delivered nominated Klaarwater Station destination” basis, including VAT: TOTAL PRICE OF ITEM Description of Item Item No Unit Removal and disposal of Rubble (Mixture of Asphalt, Sub-base material, concrete, vegetation and sand) from the Port of Durban for a period of approximately Two (2) months as and when required. 1 M3 Quantity Rate [ZAR] 3500 TOTAL PRICE, exclusive of VAT: VAT 15% (if applicable) TOTAL INCLUSIVE OF VAT (where applicable) Delivery 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 maynegotiate a market-related price with the Respondent scoring the highest points or cancel the RFQ; _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 15 of 28 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; 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 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 Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 16 of 28 SECTION 5 CERTIFICATE OF ACQUAINTANCE WITH RFQ DOCUMENTS By signing this certificate the Respondent is deemed to acknowledge that he/she has made himself/herself thoroughly familiar with, and agrees with all the conditions governing this RFQ. This includes those terms and conditions contained in any printed form stated to form part hereof, including but not limited to the documents stated below. As such, Transnet will recognise no claim for relief based on an allegation that the Respondent overlooked any such 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 5. Supplier Declaration Form and all supporting documents (first time vendors only). Alternatively, for all existing vendors, please complete the table below under the heading “Existing vendors”. Existing vendors: existing vendors are required to confirm whether all the information (e.g. company address, contact details, banking details, etc.) relating to the existing vendor number is still correct at the time of submission of this bid or update their information in the table below: Transnet Operating Vendor Number Information still Information change [indicate detail Division [e.g. TFR, current [tick if of change/s & attach appropriate TE, etc] applicable] proof] 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 Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 17 of 28 SIGNED at ___________________________ on this _____ day of __________________________ 20___ SIGNATURE OF WITNESSES ADDRESS OF WITNESSES 1 _____________________ _______________________________________ Name _________________ _______________________________________ 2 _____________________ _______________________________________ Name _________________ _______________________________________ SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ___________________________ NAME: ____________________________________________ DESIGNATION: _____________________________________ _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 18 of 28 SECTION 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; 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 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: _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 19 of 28 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: NATURE OF BREACH: ______________________________________________________________________________ DATE OF BREACH: _____________________________ Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any Respondent from the bidding process, should that person or entity have been found guilty of a serious breach of law, tribunal or regulatory obligation. SIGNED at ___________________________ on this _____ day of ______________________ 20___ For and on behalf of AS 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 Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 20 of 28 SECTION 7 B-BBEE PREFERENCE POINTS CLAIM FORM This preference form must form part of all bids invited. It contains general information and serves as a claim for preference points for Broad-Based Black Economic Empowerment [B-BBEE] Status Level of Contribution. 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 CONDITIONS 1.1 The following preference point systems are applicable to all bids: 1.2 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). The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable. Despite the stipulated preference point system, Transnet shall use the lowest acceptable bid to determine the applicable preference point system in a situation where all received acceptable bids are received outside the stated preference point system. 1.3 The 80/20 preference point system will be applicable to this tender. 1.4 Preference points for this bid shall be awarded for: Price; and B-BBEE Status Level of Contribution. 1.5 The maximum points for this bid are allocated as follows: POINTS PRICE 80 B-BBEE STATUS LEVEL OF CONTRIBUTOR 20 Total points for Price and B-BBEE must not exceed 100 1.6 Failure 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. 1.7 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser. 2. DEFINITIONS a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies; b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the BroadBased 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 _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 21 of 28 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; 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 PRICE 3.1 THE 80/20 PREFERENCE POINT SYSTEMS A maximum of 80 points is allocated for price on the following basis: 80/20 Pt  P min   Ps  801   P min   Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 22 of 28 4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION 4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below: Number of points B-BBEE Status Level of Contributor 4.2 1 (80/20 system) 20 2 18 3 14 4 12 5 8 6 6 7 4 8 2 Non-compliant contributor 0 The table below indicates the required proof of B-BBEE status depending on the category of enterprises: Enterprise Large QSE EME1 B-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 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 4.3 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must submit a consolidated B-BBEE Status Level verification certificate for every separate bid. 4.4 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 4.5 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended subcontractor is an EME that has the capability and ability to execute the sub-contract. 1 In terms of the Implementation Guide: Preferential Procurement Regulations, 2017, Version 2, paragraph 11.11 provides that in the Transport Sector, EMEs can provide a letter from accounting officer or get verified and be issued with a B-BBEE certificate by SANAS accredited professional or agency as the Transport Sector Code has not been aligned to the generic Codes. EMEs in the Transport Sector are not allowed to provide a Sworn Affidavit as the generic codes are not applicable to them. _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 23 of 28 4.6 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the subcontract. 4.7 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE requirements may be changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the Bidder’s responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time of the submission of the bid. 5. BID DECLARATION 5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 6. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 6.1 6.1 B-BBEE Status Level of Contribution: . = ………(maximum of 20 points) (Points claimed in respect of paragraph 6.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor. 7. SUB-CONTRACTING 7.1 Will any portion of the contract be sub-contracted? (Tick applicable box) YES 7.1.1 NO If yes, indicate: What percentage of the contract will be subcontracted............…………….…………% The name of the sub-contractor………………………………………………………….. The B-BBEE status level of the sub-contractor......................................…………….. Whether the sub-contractor is an EME or QSE (Tick applicable box) YES NO Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017: Designated Group: An EME or QSE which is at last 51% owned by: Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans OR Any EME Any QSE 8. DECLARATION WITH REGARD TO COMPANY/FIRM 8.1 Name of company/firm:……………………………………………………………………………. _________________________ Respondent’s Signature EME √ QSE √ ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 24 of 28 8.2 VAT registration number:……………………………………….………………………………… 8.3 Company registration number:…………….……………………….……………………………. 8.4 TYPE OF COMPANY/ FIRM  Partnership/Joint Venture / Consortium  One person business/sole propriety  Close corporation  Company  (Pty) Limited [TICK APPLICABLE BOX] 8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ……………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………….. 8.6 COMPANY CLASSIFICATION  Manufacturer  Supplier  Professional service provider  Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 8.7 Total number of years the company/firm has been in business:…………………………… 8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-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; ii. The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form; iii. In the event of a contract being awarded as a result of points claimed as shown in paragraph 4.1 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct; iv. If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have(a) disqualify the person from the bidding process; (b) cover 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 _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 25 of 28 forward the matter for criminal prosecution. WITNESSES ………………………………………. SIGNATURE(S) OF BIDDERS(S) …………………………………….. ……………………………………. DATE: ………………………………….. ADDRESS ………………………………….. ………………………………….. ………………………………….. _________________________ Respondent’s Signature ____________________________ Date & Company Stamp Transnet Request for Quotation No CRAC DNR 34257 RFQ for the Removal and Disposal of Rubble at the Port of Durban, as and when required for a period of approximately Two (2) months and/or once the quantity stipulated or budget is depleted Page 26 of 28 SECTION 8: SBD 9- CERTIFICATE OF INDEPENDENT BID DETERMINATION 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, an agreement between competitors not to compete. Transnet will take all reasonable steps to prevent abuse of the supply chain management system and to: a. disregard the bid of any bidder i