TSC RFQ Airconditioning Maintenance Inland Region Gauteng
TSC RFQ Airconditioning Maintenance Inland Region Gauteng
TSC RFQ Airconditioning Maintenance Inland Region Gauteng
Tender Number:TP/2024/02/0003/56918/RFQ
Description of the Service: AIR-CONDITIONING REPAIRS, REPLACEMENTS, SERVICING AND TESTING OF
CHILLER PLANTS, WATER CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN
FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE
INLAND (GAUTENG)
Transnet Property
an Operating Division TRANSNET SOC LTD
[Registration Number 1990/000900/30]
Contents
Number Heading
The Tender
Part T1: Tendering Procedures
The Contract
Part C1: Agreements and Contract Data
1. INVITATION TO TENDER
Responses to this Tender [hereinafter referred to as a Tender] are requested from persons, companies,
close corporations or enterprises [hereinafter referred to as a Tenderer].
2. TENDER SUBMISSION
Transnet has implemented a new electronic tender submission system, the e-Tender Submission Portal,
in line with the overall Transnet digitalization strategy where suppliers can view advertised tenders,
register their information, log their intent to respond to bids and upload their bid proposals/responses on
to the system.
a) The Transnet e-Tender Submission Portal can be accessed as follows:
3. CONFIDENTIALITY
All information related to this RFP is to be treated with strict confidentiality. In this regard Tenderers are
required to certify that they have acquainted themselves with the Non-Disclosure Agreement. All
information related to a subsequent contract, both during and after completion thereof, will be treated
with strict confidence. Should the need however arise to divulge any information gleaned from provision
of the Works, which is either directly or indirectly related to Transnet’s business, written approval to
divulge such information must be obtained from Transnet.
4. DISCLAIMERS
Tenderers are hereby advised that Transnet is not committed to any course of action as a result of its
issuance of this Tender and/or its receipt of a tender offer. In particular, please note that Transnet
reserves the right to:
4.1. Award the business to the highest scoring Tenderer/s unless objective criteria justify the award
to another tenderer.
4.3. Go to the open market if the quoted rates (for award of work) are deemed unreasonable;
4.4. Should the Tenderers be awarded business on strength of information furnished by the Tenderer,
which after conclusion of the contract is proved to have been incorrect, Transnet reserves the
right to terminate the contract;
4.5. Request audited financial statements or other documentation for the purposes of a due diligence
exercise;
4.6. Not accept any changes or purported changes by the Tenderer to the tender rates after the
closing date;
4.7. Verify any information supplied by a Tenderer by submitting a tender, the Tenderer/s hereby
irrevocably grant the necessary consent to the Transnet to do so;
4.8. Conduct the evaluation process in parallel. The evaluation of Tenderers at any given stage must
therefore not be interpreted to mean that Tenderers have necessarily passed any previous
stage(s);
4.9. Modify the RFx’s Goods/Services and request Tenderers to re-bid on any such changes;
4.10. Unless otherwise expressly stated, each tender lodged in response to the invitation to tender shall
be deemed to be an offer by the Tenderer. The Employer has the right in its sole and unfettered
discretion not to accept any offer.
4.11. Not be held liable if tenderers do not provide the correct contact details during the clarification
session and do not receive the latest information regarding this RFP with the possible
consequence of being disadvantaged or disqualified as a result thereof.
4.12. Transnet reserves the right to exclude any Tenderers from the tender process who has been
convicted of a serious breach of law during the preceding 5 [five] years including but not limited
to breaches of the Competition Act 89 of 1998, as amended. Tenderers are required to indicate
in tender returnable [clause 12 on T2.2-08], [Breach of Law] whether or not they have been
found guilty of a serious breach of law during the past 5 [five] years.
4.14. Transnet reserves the right to award a contract for only a portion of the proposed Goods/Services
which are reflected in the scope of this RFP;
4.15. Transnet reserves the right to split the award of the contract 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;
4.17. Transnet reserves the right to perform a risk analysis on the preferred tenderer to ascertain if
any of the following might present an unacceptable commercial risk to the employer :
• unduly high or unduly low tendered rates or amounts in the tender offer;
• contract data of contract provided by the tenderer; or
• the contents of the tender returnables which are to be included in the contract.
4.18. Transnet will not reimburse any Tenderer for any preparatory costs or other work performed in
connection with this Tender, whether or not the Tenderer is awarded a contract.
This edition incorporates the amendments made in Board Notice 423 of 2019 in Government Gazette
42622 of 8 August 2019. (see www.cidb.org.za).
The Standard Conditions of Tender make several references to Tender data for detail that apply
specifically to this tender. The Tender Data shall have precedence in the interpretation of any
ambiguity or inconsistency between it and the Standard Conditions of Tender.
Each item of data given below is cross-referenced in the left-hand column to the clause in the
Standard Conditions of Tender to which it mainly applies.
Clause Data
Part T1: Tendering procedures T1.1 Tender notice and invitation to tender
T1.2 Tender data
Part C1: Agreements and contract data C1.1 Form of offer and acceptance
C1.2 Contract data (Part 1 & 2)
E – mail Tebogo.madumo@transnet.net
C.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit
tenders:
3. Resource availability 20
Only those tenderers who obtain the minimum qualifying score for functionality will be
evaluated further in terms of price and the applicable preference point system. The
minimum qualifying for score for functionality is 70 points.
The evaluation criteria for measuring functionality and the points for each criteria and,
if any, each sub-criterion are as stated in C.3.11.3 below.
Any tenderer that fails to meet the stipulated eligibility criteria will be
regarded as an unacceptable tender.
C.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender
Notice and Invitation to Tender. Tenderers must complete and sign the
attendance register. Addenda will be issued to and tenders will only be received
from those tendering entities including those entities that intends forming a joint
venture appearing on the attendance register.
N/A.
C.2.13.5 The Employer’s details and identification details that are to be shown on each tender
C2.15.1 offer package are as follows:
C.2.13.9 Telephonic, telegraphic, facsimile or e-mailed tender offers will not be accepted.
C.2.16 The tender offer validity period is 12 weeks after the closing date. Tenderers are to
note that they may be requested to extend the validity period of their tender, on the
same terms and conditions, if Transnet’s internal evaluation and governance approval
processes has not been finalised within the validity period.
The procedure for the evaluation of responsive tenders is Functionality, Price and
Preference:
Functionality Criteria
The functionality criteria and maximum score in respect of each of the criteria are as
follows:
Functionality shall be scored independently by not less than 2 (two) evaluators and
averaged in accordance with the following schedules:
80 where the financial value of one or more responsive tenders received have a value
equal to or below R50 million, inclusive of all applicable taxes,
In terms of Transnet Preferential Procurement Policy (TPPP) and Procurement Manuals, the
following preference points must be awarded to a bidder who provides the relevant required
evidence for claiming points
Note: Transnet reserves the right to carry out an independent audit of the tenderers
scorecard components at any stage from the date of close of the tenders until
completion of the contract.
2. the tenderer does not appear on Transnet’s list for restricted tenderers and
National Treasury’s list of Tender Defaulters;
3. the tenderer has fully and properly completed the Compulsory Enterprise
Questionnaire and there are no conflicts of interest which may impact on the
tenderer’s ability to perform the contract in the best interests of the Employer
or potentially compromise the tender process and persons in the employ of
the state.
4. Transnet reserves the right to award the tender to the tenderer who scores the
highest number of points overall, unless there are objective criteria which will
justify the award of the tender to another tenderer. Objective criteria include
but are not limited to the outcome of a due diligence exercise to be conducted.
The due diligence exercise may take the following factors into account inter alia;
the tenderer:
C.3.17 The number of paper copies of the signed contract to be provided by the Employer is
1 (one).
T2.2-01 Stage One as per CIDB: Eligibility Criteria Schedule - CIDB Registration
Tenderers are to indicate their CIDB Grading by filling in the table below. Attach a copy of
the CIDB Grading Designation or evidence of being capable of being so registered.
1. Only those tenderers who are registered with the CIDB, or are capable of being so prior to
the evaluation of submissions, in a contractor grading designation equal to or higher than
a contractor grading designation determined in accordance with the sum tendered or a
value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction
Industry Development Regulations, for a 3ME or higher class of construction works, are
eligible to have their tenders evaluated.
with this tender offer and any contract resulting from it on behalf of the company.
Signed Date
We, the undersigned, being the key partners in the business trading as
NOTE: This certificate is to be completed and signed by the full number of Partners necessary
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise
partner, to sign all documents in connection with the tender offer for Contract
This authorisation is evidenced by the attached power of attorney signed by legally authorised
signatories of all the partners to the Joint Venture.
Furthermore we attach to this Schedule a copy of the joint venture agreement which
incorporates a statement that all partners are liable jointly and severally for the execution of
the contract and that the lead partner is authorised to incur liabilities, receive instructions and
payments and be responsible for the entire execution of the contract for and on behalf of any
and all the partners.
Authorising signature,
Name of firm Address name (in caps) and
capacity
business trading as .
Signed Date
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10
11
12
13
14
15
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1.
2.
3.
4.
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In the case of a Joint Venture, separate enterprise questionnaires in respect of each partner/member
must be completed and submitted.
* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners
Section 7: The attached SBD4 must be completed for each tender and be
attached as a tender requirement.
Section 8: The attached SBD 6 must be completed for each tender and be
attached as a requirement.
The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:
i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue
Services that my / our tax matters are in order;
ii) confirms that the neither the name of the enterprise or the name of any partner, manager,
director or other person, who wholly or partly exercises, or may exercise, control over the
enterprise appears on the Register of Tender Defaulters established in terms of the Prevention
and Combating of Corrupt Activities Act of 2004;
iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or
may exercise, control over the enterprise appears, has within the last five years been
convicted of fraud or corruption;
iv) confirms that I / we are not associated, linked or involved with any other tendering entities
submitting tender offers and have no other relationship with any of the tenderers or those
responsible for compiling the scope of work that could cause or be interpreted as a conflict of
interest; and
v) confirms that the contents of this questionnaire are within my personal knowledge and are to
the best of my belief both true and correct.
Signed Date
Name Position
Enterprise
name
SBD 6.1
PREFERENCE POINTS CLAIM FORM
This preference form must form part of all bids invited. It contains general information and serves as a
claim for preference points for Specific Goals contribution. Transnet will award preference points to
companies who provide valid proof of evidence as per the table of evidence in paragraph 4.1 below.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable
taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable
taxes included).
1.2 The value of this bid is estimated to 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 Preference points for this bid shall be awarded for:
(a) Price;
POINTS
PRICE 80
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit proof of evidence required for any of the specific goals
together with the bid will be interpreted to mean that preference points for that specific goal
are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at
any time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the purchaser.
2. DEFINITIONS
(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax,
(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.
(l) Specific goals” means targeted advancement areas or categories of persons or groups
either previously disadvantaged or falling within the scope of the Reconstruction and
Development Programme identified by Transnet to be given preference in allocation of
procurement contracts in line with section 2(1) of the PPPFA.
3. POINTS AWARDED FOR PRICE
Pt − P min Pt − P min
Ps = 801 − or Ps = 901 −
P min P min
Where
Ps = Points scored for comparative price of bid under consideration
Pt = Comparative price of bid under consideration
4.2 The table below indicates the required proof of B-BBEE status depending on the category of
enterprises:
4.3 A trust, consortium or joint venture (including unincorporated consortia and joint ventures) must submit
a consolidated B-BBEE Status Level verification certificate for every separate bid.
4.4 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status level certificates in
terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.
4.5 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that
such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise
that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-
contractor is an EME that has the capability and ability to execute the sub-contract.
4.6 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any
other enterprise that does not have an equal or higher B-BBEE status level than the person concerned,
unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-
contract.
4.7 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE requirements may
be changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the Bidder’s
responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time of the
submission of the bid.
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:
(Points claimed in respect of paragraph 6.1 must be in accordance with the table reflected in paragraph
4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
YES NO
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.
……………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
Manufacturer
Supplier
Professional Supplier/Service provider
Other Suppliers/Service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that
the points claimed, based on the B-BBE status level of contribution indicated in paragraphs 1.4 and 6.1
of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we
acknowledge that:
ii) The preference points claimed are in accordance with the General Conditions as indicated in
paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 1.4
and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the
purchaser that the claims are correct;
iv) If a bidder submitted false information regarding its B-BBEE status level of contributor,, which will
affect or has affected the evaluation of a bid, or where a bidder has failed to declare any
subcontracting arrangements or any of the conditions of contract have not been fulfilled, the
purchaser may, in addition to any other remedy it may have
WITNESSES ……………………………………….
1. …………………………………….. SIGNATURE(S) OF BIDDERS(S)
DATE: …………………………………..
2. …………………………………….
ADDRESS …………………………………..
…………………………………..
…………………………………..
SBD4
BIDDER’S DISCLOSURE
Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted
Suppliers, that person will automatically be disqualified from the bid process.
2. Bidder’s declaration
2.1 Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest2 in the enterprise,
employed by the state? YES/NO
2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if applicable, state
employee numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or
any person having a controlling interest in the enterprise, in table below.
Full Name Identity Number Name of State
institution
2.2 Do you, or any person connected with the bidder, have a relationship with any person who is
employed by the procuring institution? YES/NO
2.2.1 If so, furnish particulars:
……………………………………………………………………………………
……………………………………………………………………………………
2.3 Does the bidder or any of its directors / trustees / shareholders / members / partners or any
person having a controlling interest in the enterprise have any interest in any other related
enterprise whether or not they are bidding for this contract?
YES/NO
2 the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and
decisions of the enterprise.
3 DECLARATION
3.5 There have been no consultations, communications, agreements or arrangements made by the bidder with
any official of the procuring institution in relation to this procurement process prior to and during the bidding
process except to provide clarification on the bid submitted where so required by the institution; and the
bidder was not involved in the drafting of the specifications or terms of reference for this bid.
3.6 I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive
practices related to bids and contracts, bids that are suspicious will be reported to the Competition
Commission for investigation and possible imposition of administrative penalties in terms of section 59 of
the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA)
for criminal investigation and or may be restricted from conducting business with the public sector for a
period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No
12 of 2004 or any other applicable legislation.
……………………………… ..……………………………………………
Signature Date
……………………………… ………………………………………………
Position Name of bidder
3 Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
APPENDIX B
I, solemnly
registered VAT vendor and is not required to register as a VAT vendor because the combined value
of taxable suppliesmade by the provider in any 12 month period has not exceeded or is not expected
Signature:
Designation:
Date:
Commissioner of Oaths
day of 20 ,
the Deponent having knowledge that he/she knows and understands the contents of this Affidavit, and that
he/she has no objection to taking the prescribed oath, which he/she regards binding on his/her conscience
and that the allegations herein contained are all true and correct.
Commissioner of Oath
Yes No
THIS AGREEMENT is made effective as of ........... day of ............................... 20...... by and between:
(Registration No. 1990/000900/30), a company incorporated and existing under the laws of South Africa, having its
principal place of business at Transnet Corporate Centre 138 Eloff Street , Braamfontein , Johannesburg 2000
and
..........................................................................................................................................................................
(Registration No. .........................................),a private company incorporated and existing under the laws of South
Africa having its principal place of business at
..........................................................................................................................................................................
..........................................................................................................................................................................
WHEREAS
Transnet and the Company wish to exchange Information [as defined below] and it is envisaged that each party may
from time to time receive Information relating to the other in respect thereof. In consideration of each party making
available to the other such Information, the parties jointly agree that any dealings between them shall be subject to
the terms and conditions of this Agreement which themselves will be subject to the parameters of the Tender
Document.
IT IS HEREBY AGREED
1. INTERPRETATION
In this Agreement:
1.1 Agents mean directors, officers, employees, agents, professional advisers, contractors or sub-contractors,
or any Group member;
1.2 Bid or Bid Document (hereinafter Tender) means Transnet’s Request for Information [RFI] Request for
Proposal [RFP] or Request for Quotation [RFQ], as the case may be;
1.3 Confidential Information means any information or other data relating to one party [the Disclosing
Party] and/or the business carried on or proposed or intended to be carried on by that party and which
is made available for the purposes of the Bid to the other party [the Receiving Party] or its Agents by
the Disclosing Party or its Agents or recorded in agreed minutes following oral disclosure and any other
information otherwise made available by the Disclosing Party or its Agents to the Receiving Party or its
Agents, whether before, on or after the date of this Agreement, and whether in writing or otherwise,
including any information, analysis or specifications derived from, containing or reflecting such information
but excluding information which:
Transnet Property
Tender Number: TP/2024/02/0003/56918/RFQ
Description of the Service: REPAIRS, REPLACEMENTS, SERVICING, AND TESTING OF CHILLER PLANTS, WATER CHILLERS, VRV
SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN
REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND
________________________________________________________________________________________________
1.3.1 is publicly available at the time of its disclosure or becomes publicly available [other than as a result
of disclosure by the Receiving Party or any of its Agents contrary to the terms of this Agreement];
or
1.3.2 was lawfully in the possession of the Receiving Party or its Agents [as can be demonstrated by its
written records or other reasonable evidence] free of any restriction as to its use or disclosure prior
to its being so disclosed; or
1.3.3 following such disclosure, becomes available to the Receiving Party or its Agents [as can be
demonstrated by its written records or other reasonable evidence] from a source other than the
Disclosing Party or its Agents, which source is not bound by any duty of confidentiality owed, directly
or indirectly, to the Disclosing Party in relation to such information;
1.4 Group means any subsidiary, any holding company and any subsidiary of any holding company of either
party; and
1.5 Information means all information in whatever form including, without limitation, any information
relating to systems, operations, plans, intentions, market opportunities, know-how, trade secrets and
business affairs whether in writing, conveyed orally or by machine-readable medium.
2. CONFIDENTIAL INFORMATION
2.1 All Confidential Information given by one party to this Agreement [the Disclosing Party] to the other
party [the Receiving Party] will be treated by the Receiving Party as secret and confidential and will not,
without the Disclosing Party’s written consent, directly or indirectly communicate or disclose [whether in
writing or orally or in any other manner] Confidential Information to any other person other than in
accordance with the terms of this Agreement.
2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and
commercial discussions between the parties in relation to the Tender or for the subsequent performance
of any contract between the parties in relation to the Tender.
2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information:
2.3.1 to those of its Agents who strictly need to know the Confidential Information for the sole purpose
set out in clause 2.2 above, provided that the Receiving Party shall ensure that such Agents are
made aware prior to the disclosure of any part of the Confidential Information that the same is
confidential and that they owe a duty of confidence to the Disclosing Party. The Receiving Party
shall at all times remain liable for any actions of such Agents that would constitute a breach of this
Agreement; or
2.3.2 to the extent required by law or the rules of any applicable regulatory authority, subject to clause
2.4 below.
2.4 In the event that the Receiving Party is required to disclose any Confidential Information in accordance
with clause 2.3.2 above, it shall promptly notify the Disclosing Party and cooperate with the Disclosing
Party regarding the form, nature, content and purpose of such disclosure or any action which the Disclosing
Party may reasonably take to challenge the validity of such requirement.
Transnet Property
Tender Number: TP/2024/02/0003/56918/RFQ
Description of the Service: REPAIRS, REPLACEMENTS, SERVICING, AND TESTING OF CHILLER PLANTS, WATER CHILLERS, VRV
SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN
REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND
________________________________________________________________________________________________
2.5 In the event that any Confidential Information shall be copied, disclosed or used otherwise than as
permitted under this Agreement then, upon becoming aware of the same, without prejudice to any rights
or remedies of the Disclosing Party, the Receiving Party shall as soon as practicable notify the Disclosing
Party of such event and if requested take such steps [including the institution of legal proceedings] as
shall be necessary to remedy [if capable of remedy] the default and/or to prevent further unauthorised
copying, disclosure or use.
2.6 All Confidential Information shall remain the property of the Disclosing Party and its disclosure shall not
confer on the Receiving Party any rights, including intellectual property rights over the Confidential
Information whatsoever, beyond those contained in this Agreement.
3.1 The Receiving Party agrees to ensure proper and secure storage of all Information and any copies thereof.
3.2 The Receiving Party shall keep a written record, to be supplied to the Disclosing Party upon request, of
the Confidential Information provided and any copies made thereof and, so far as is reasonably practicable,
of the location of such Confidential Information and any copies thereof.
3.3 The Company shall, within 7 [seven] days of receipt of a written demand from Transnet:
3.3.1 return all written Confidential Information [including all copies]; and
3.3.2 expunge or destroy any Confidential Information from any computer, word processor or other device
whatsoever into which it was copied, read or programmed by the Company or on its behalf.
3.4 The Company shall on request supply a certificate signed by a director as to its full compliance with the
requirements of clause 3.3.2 above.
4. ANNOUNCEMENTS
4.1 Neither party will make or permit to be made any announcement or disclosure of its prospective interest
in the Tender without the prior written consent of the other party.
4.2 Neither party shall make use of the other party’s name or any information acquired through its dealings
with the other party for publicity or marketing purposes without the prior written consent of the other
party.
5. DURATION
The obligations of each party and its Agents under this Agreement shall survive the termination of any
discussions or negotiations between the parties regarding the Tender and continue thereafter for a period of
5 [five] years.
6. PRINCIPAL
Each party confirms that it is acting as principal and not as nominee, agent or broker for any other person and
that it will be responsible for any costs incurred by it or its advisers in considering or pursuing the Tender and
in complying with the terms of this Agreement.
Transnet Property
Tender Number: TP/2024/02/0003/56918/RFQ
Description of the Service: REPAIRS, REPLACEMENTS, SERVICING, AND TESTING OF CHILLER PLANTS, WATER CHILLERS, VRV
SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN
REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND
________________________________________________________________________________________________
7. ADEQUACY OF DAMAGES
Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any
other remedies available to it, either at law or in equity, for any such threatened or actual breach of this
Agreement, including specific performance, recovery of damages or otherwise.
8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section
14 of the Bill of Rights in connection with this Tender and shall procure that its personnel shall observe
the provisions of such Act [as applicable] or any amendments and re-enactments thereof and any
regulations made pursuant thereto.
8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational
measures in place against unauthorised or unlawful processing of data relating to the Tender and against
accidental loss or destruction of, or damage to such data held or processed by them.
9. GENERAL
9.1 Neither party may assign the benefit of this Agreement, or any interest hereunder, except with the prior
written consent of the other, save that Transnet may assign this Agreement at any time to any member
of the Transnet Group.
9.2 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver
of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right,
power or privilege under this Agreement or otherwise.
9.3 The provisions of this Agreement shall be severable in the event that any of its provisions are held by a
court of competent jurisdiction or other applicable authority to be invalid, void or otherwise unenforceable,
and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.4 This Agreement may only be modified by a written agreement duly signed by persons authorised on behalf
of each party.
9.5 Nothing in this Agreement shall constitute the creation of a partnership, joint venture or agency between
the parties.
9.6 This Agreement will be governed by and construed in accordance with South African law and the parties
irrevocably submit to the exclusive jurisdiction of the South African courts.
Signed Date
Name Position
Tenderer
Transnet Property
Tender Number: TP/2024/02/0003/56918/RFQ
Description of the Works: REPAIRS, REPLACEMENTS, SERVICING, AND TESTING OF CHILLER PLANTS, WATER
CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS, STAND-
ALONE UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND (GAUTENG)
_____________________________________________________________________________________________________
1. Transnet has supplied and we have received appropriate tender offers to any/all questions
(as applicable) which were submitted by ourselves for tender clarification purposes;
2. we have received all information we deemed necessary for the completion of this Tender;
3. at no stage have we received additional information relating to the subject matter of this
tender from Transnet sources, other than information formally received from the
designated Transnet contact(s) as nominated in the tender documents;
4. we are satisfied, insofar as our company is concerned, that the processes and procedures
adopted by Transnet in issuing this tender and the requirements requested from tenderers
in responding to this tender have been conducted in a fair and transparent manner; and
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
[Failure to furnish complete and accurate information in this regard may lead to
the disqualification of your response and may preclude a Respondent from
doing future business with Transnet]
_____________________________________________________________________________________________________
We declare, to the extent that we are aware or become aware of any relationship between
ourselves and Transnet (other than any existing and appropriate business relationship with
Transnet) which could unfairly advantage our company in the forthcoming adjudication
process, we shall notify Transnet immediately in writing of such circumstances.
6. We accept that any dispute pertaining to this tender will be resolved through
the Ombudsman process and will be subject to the Terms of Reference of the
Ombudsman. The Ombudsman process must first be exhausted before judicial
review of a decision is sought. (Refer “Important Notice to respondents”
below).
7. We further accept that Transnet reserves the right to reverse a tender award
or decision based on the recommendations of the Ombudsman without having
to follow a formal court process to have such award or decision set aside.
8. We have acquainted ourselves and agree with the content of T2.2-14 “Service
Provider Integrity Pact”.
………………………………………………………………………………………………………………………..……
Name:
Signature:
Date:
_____________________________________________________________________________________________________
• An official complaint form may be downloaded from this website and submitted, together
with any supporting documentation, within the prescribed period, to
procurement.ombud@transnet.net
• For transactions below the R5,000,000.00 (five million S.A. Rand) threshold, a complaint
may be lodged with the Chief Procurement Officer of the relevant Transnet Operating
Division.
• All Tenderers should note that a complaint must be made in good faith. If a complaint is
made in bad faith, Transnet reserves the right to place such a tenderer on its List of
Excluded Bidders.
__________________________________________________________________________________________________
I / We ___________________________________________________________ do hereby
certify that I/we have/have not been found guilty during the preceding 5 (five) years of a
serious breach of law, including but not limited to a breach of the Competition Act, 89 of
1998, by a court of law, tribunal or other administrative body. The type of breach that the
Tenderer is required to disclose excludes relatively minor offences or misdemeanours, e.g.
traffic offences.
NATURE OF BREACH:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
DATE OF BREACH:
____________________________________________________________________________
Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any
Tenderer from the tendering process, should that person or company have been found guilty
of a serious breach of law, tribunal or regulatory obligation.
_______________________
SIGNATURE OF TENDER
____________________________________________________________________________
1. By signing this certificate I/we acknowledge that I/we have made myself/ourselves thoroughly
familiar with, and agree with all the conditions governing this RFP. This includes those terms and
conditions of the Contract, the Supplier Integrity Pact, Non-Disclosure Agreement etc. contained
in any printed form stated to form part of the documents thereof, but not limited to those listed
in this clause.
2. I/we furthermore agree that Transnet SOC Ltd shall recognise no claim from me/us for relief
based on an allegation that I/we overlooked any tender/contract condition or failed to take it into
account for the purpose of calculating my/our offered prices or otherwise.
3. I/we understand that the accompanying Tender will be disqualified if this Certificate is found not
to be true and complete in every respect.
4. For the purposes of this Certificate and the accompanying Tender, I/we understand that the
word “competitor” shall include any individual or organisation, other than the Tenderer, whether
or not affiliated with the Tenderer, who:
b) could potentially submit a Tender in response to this Tender invitation, based on their
qualifications, abilities or experience; and
c) provides the same Services as the Tenderer and/or is in the same line of business as the
Tenderer
5. The Tenderer has arrived at the accompanying Tender independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium will not be construed as
collusive Tendering.
6. In particular, without limiting the generality of paragraph 5 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
8. The terms of the accompanying tender have not been, and will not be, disclosed by the Tenderer,
directly or indirectly, to any competitor, prior to the date and time of the official tender opening
or of the awarding of the contract.
9. I/We am/are aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to tenders and contracts, tenders that are suspicious will
be reported to the Competition Commission for investigation and possible imposition of
administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and/or may
be reported to the National Prosecuting Authority [NPA] for criminal investigation. In addition,
Tenderers that submit suspicious tenders may be restricted from conducting business with the
public sector for a period not exceeding 10 [ten] years in terms of the Prevention and Combating
of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
_____________________________
SIGNATURE OF TENDERER
The contract with the successful tenderer will automatically incorporate this
Integrity Pact and shall be deemed as part of the final concluded contract.
INTEGRITY PACT
Between
(“Transnet”)
and
PREAMBLE
Transnet values full compliance with all relevant laws and regulations, ethical standards and the
principles of economical use of resources, fairness and transparency in its relations with its
Tenderers/Service Providers/Contractors.
In order to achieve these goals, Transnet and the Tenderer/Service Provider/Contractor hereby enter
into this agreement hereinafter referred to as the “Integrity Pact” which will form part of the
Tenderer’s/Service Provider’s/Contractor’s application for registration with Transnet as a vendor.
The general purpose of this Integrity Pact is to agree on avoiding all forms of dishonesty, fraud and
corruption by following a system that is fair, transparent and free from any undue influence prior to,
during and subsequent to the currency of any procurement and/or reverse logistics event and any
further contract to be entered into between the Parties, relating to such event.
All Tenderers/Service Providers/Contractor’s will be required to sign and comply with undertakings
contained in this Integrity Pact, should they want to be registered as a Transnet vendor.
1 OBJECTIVES
1.1 Transnet and the Tenderer/Service Provider/Contractor agree to enter into this Integrity
Pact, to avoid all forms of dishonesty, fraud and corruption including practices that are
anti-competitive in nature, negotiations made in bad faith and under-pricing by following
a system that is fair, transparent and free from any influence/unprejudiced dealings prior
to, during and subsequent to the currency of the contract to be entered into with a view
to:
a) Enable Transnet to obtain the desired contract at a reasonable and competitive price
in conformity to the defined specifications of the works, goods and services; and
b) Enable Tenderers/Service Providers/Contractors to abstain from bribing or
participating in any corrupt practice in order to secure the contract.
2 COMMITMENTS OF TRANSNET
Transnet commits to take all measures necessary to prevent dishonesty, fraud and corruption
and to observe the following principles:
2.2 Transnet will, during the registration and tendering process treat all Tenderers/ Service
Providers/Contractor with equity, transparency and fairness. Transnet will in particular,
before and during the registration process, provide to all Tenderers/ Service
Providers/Contractors the same information and will not provide to any
2.3 Transnet further confirms that its employees will not favour any prospective
Tenderers/Service Providers/Contractors in any form that could afford an undue
advantage to a particular Tenderer during the tendering stage, and will further treat all
Tenderers/Service Providers/Contractors participating in the tendering process in a fair
manner.
2.4 Transnet will exclude from the tender process such employees who have any personal
interest in the Tenderers/Service Providers/Contractors participating in the tendering
process.
a) Transnet officials and employees shall not solicit, give or accept, or from agreeing to
solicit, give, accept or receive directly or indirectly, any gift, gratuity, favour,
entertainment, loan, or anything of monetary value, from any person or juridical entities
in the course of official duties or in connection with any operation being managed by,
or any transaction which may be affected by the functions of their office.
b) Transnet officials and employees shall not solicit or accept gifts of any kind, from
vendors, suppliers, customers, potential employees, potential vendors, and suppliers,
or any other individual or organisation irrespective of the value.
3.2 The Tenderer/Service Provider/Contractor commits itself to take all measures necessary
to prevent corrupt practices, unfair means and illegal activities during any stage of its
Tender or during any ensuing contract stage in order to secure the contract or in
furtherance to secure it and in particular the Tenderer/Service Provider/Contractor
commits to the following:
3.3 The Tenderer/Service Provider/Contractor will not collude with other parties interested
in the contract to preclude a competitive Tender price, impair the transparency, fairness
and progress of the tendering process, Tender evaluation, contracting and
implementation of the contract. The Tenderer / Service Provider further commits itself
to delivering against all agreed upon conditions as stipulated within the contract.
3.4 The Tenderer/Service Provider/Contractor will not enter into any illegal or dishonest
agreement or understanding, whether formal or informal with other Tenderers/Service
Providers/Contractors. This applies in particular to certifications, submissions or non-
submission of documents or actions that are restrictive or to introduce cartels into the
tendering process.
3.5 The Tenderer/Service Provider/Contractor will not commit any criminal offence under the
relevant anti-corruption laws of South Africa or any other country. Furthermore, the
Tenderer/Service Provider/Contractor will not use for illegitimate purposes or for
restrictive purposes or personal gain, or pass on to others, any information provided by
Transnet as part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically.
3.6 A Tenderer/Service Provider/Contractor of foreign origin shall disclose the name and
address of its agents or representatives in South Africa, if any, involved directly or
indirectly in the registration or tendering process. Similarly, the Tenderer / Service
Provider / Contractor of South African nationality shall furnish the name and address of
the foreign principals, if any, involved directly or indirectly in the registration or tendering
process.
3.7 The Tenderer/Service Provider/Contractor will not misrepresent facts or furnish false or
forged documents or information in order to influence the tendering process to the
advantage of the Tenderer/Service Provider/Contractor or detriment of Transnet or other
competitors.
3.8 Transnet may require the Tenderer/Service Provider/Contractor to furnish Transnet with
a copy of its code of conduct. Such code of conduct must address the compliance
programme for the implementation of the code of conduct and reject the use of bribes
and other dishonest and unethical conduct.
3.9 The Tenderer/Service Provider/Contractor will not instigate third persons to commit
offences outlined above or be an accessory to such offences.
3.10 The Tenderer/Service Provider/Contractor confirms that they will uphold the ten
principles of the United Nations Global Compact (UNGC) in the fields of Human Rights,
Labour, Anti-Corruption and the Environment when undertaking business with Transnet
as follows:
a) Human Rights
• Principle 2: make sure that they are not complicit in human rights abuses.
b) Labour
• Principle 3: Businesses should uphold the freedom of association and the effective
recognition of the right to collective bargaining;
c) Environment
d) Anti-Corruption
• Principle 10: Businesses should work against corruption in all its forms, including
extortion and bribery.
4 INDEPENDENT TENDERING
4.1 For the purposes of that Certificate in relation to any submitted Tender, the Tenderer
declares to fully understand that the word “competitor” shall include any individual or
organisation, other than the Tenderer, whether or not affiliated with the Tenderer, who:
4.2 The Tenderer has arrived at his submitted Tender independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium will not be construed
as collusive tendering.
4.3 In particular, without limiting the generality of paragraph 5 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
a) prices;
b) geographical area where Goods or Services will be rendered [market allocation];
c) methods, factors or formulas used to calculate prices;
d) the intention or decision to submit or not to submit, a Tender;
e) the submission of a Tender which does not meet the specifications and conditions
of the RFP; or
f) tendering with the intention of not winning the Tender.
4.5 The terms of the Tender as submitted have not been, and will not be, disclosed by the
Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official
Tender opening or of the awarding of the contract.
4.6 Tenderers are aware that, in addition and without prejudice to any other remedy
provided to combat any restrictive practices related to Tenders and contracts, Tenders
that are suspicious will be reported to the Competition Commission for investigation and
possible imposition of administrative penalties in terms of section 59 of the Competition
Act No 89 of 1998 and/or may be reported to the National Prosecuting Authority [NPA]
for criminal investigation and/or may be restricted from conducting business with the
public sector for a period not exceeding 10 [ten] years in terms of the Prevention and
Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
4.7 Should the Tenderer find any terms or conditions stipulated in any of the relevant
documents quoted in the Tender unacceptable, it should indicate which conditions are
unacceptable and offer alternatives by written submission on its company letterhead,
attached to its submitted Tender. Any such submission shall be subject to review by
Transnet’s Legal Counsel who shall determine whether the proposed alternative(s) are
acceptable or otherwise, as the case may be.
5.3 If the Tenderer/Service Provider/Contractor can prove that it has restored the damage
caused by it and has installed a suitable corruption prevention system, or taken other
remedial measures as the circumstances of the case may require, Transnet may at its
own discretion revoke the exclusion or suspend the imposed penalty.
6.1 The process of restriction is used to exclude a company/person from conducting future
business with Transnet and other organs of state for a specified period. No Tender shall
be awarded to a Tenderer whose name (or any of its members, directors, partners or
trustees) appear on the Register of Tender Defaulters kept by National Treasury, or who
have been placed on National Treasury’s List of Restricted Suppliers. Transnet reserves
the right to withdraw an award, or cancel a contract concluded with a Tenderer should it
be established, at any time, that a tenderer has been restricted with National Treasury by
another government institution.
6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply
Chain Policy and Procurement Procedures Manual (CPM included) are included herein by
way of reference. Below follows a condensed summary of this restriction procedure.
6.3 On completion of the restriction procedure, Transnet will submit the restricted entity’s
details (including the identity number of the individuals and registration number of the
entity) to National Treasury for placement on National Treasury’s Database of Restricted
Suppliers for the specified period of exclusion. National Treasury will make the final
decision on whether to restrict an entity from doing business with any organ of state for
a period not exceeding 10 years and place the entity concerned on the Database of
Restricted Suppliers published on its official website.
6.4 The decision to restrict is based on one of the grounds for restriction. The standard of
proof to commence the restriction process is whether a “ prima facie” (i.e. on the face of
it) case has been established.
6.5 Depending on the seriousness of the misconduct and the strategic importance of the
Goods/Services, in addition to restricting a company/person from future business,
Transnet may decide to terminate some or all existing contracts with the company/person
as well.
6.6 A Service Provider or Contractor to Transnet may not subcontract any portion of the
contract to a blacklisted company.
6.7 Grounds for blacklisting include: If any person/Enterprise which has submitted a Tender,
concluded a contract, or, in the capacity of agent or subcontractor, has been associated
with such Tender or contract:
a) Has, in bad faith, withdrawn such Tender after the advertised closing date and time
for the receipt of Tenders;
b) has, after being notified of the acceptance of his Tender, failed or refused to sign a
contract when called upon to do so in terms of any condition forming part of the
Tender documents;
c) has carried out any contract resulting from such Tender in an unsatisfactory manner
or has breached any condition of the contract;
d) has offered, promised or given a bribe in relation to the obtaining or execution of
the contract;
e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or
any Government Department or towards any public body, Enterprise or person;
f) has made any incorrect statement in a certificate or other communication with
regard to the Local Content of his Goods or his B-BBEE status and is unable to prove
to the satisfaction of Transnet that:
(i) he made the statement in good faith honestly believing it to be correct; and
(ii) before making such statement he took all reasonable steps to satisfy himself of
its correctness;
g) caused Transnet damage, or to incur costs in order to meet the contractor’s
requirements and which could not be recovered from the contractor;
h) has litigated against Transnet in bad faith.
6.9 Companies associated with the person/s guilty of misconduct (i.e. entities owned,
controlled or managed by such persons), any companies subsequently formed by the
person(s) guilty of the misconduct and/or an existing company where such person(s)
acquires a controlling stake may be considered for blacklisting. The decision to extend
the blacklist to associated companies will be at the sole discretion of Transnet.
7 PREVIOUS TRANSGRESSIONS
8.1 Transnet shall also take all or any one of the following actions, wherever required to:
9 CONFLICTS OF INTEREST
9.2 A Transnet employee uses his / her position, or privileges or information obtained while
acting in the capacity as an employee for:
a) Private gain or advancement; or
b) The expectation of private gain, or advancement, or any other advantage accruing to the
employee must be declared in a prescribed form.
Thus, conflicts of interest of any Tender committee member or any person involved in the
sourcing process must be declared in a prescribed form.
9.4 The Tenderer/Service Provider/Contractor shall not lend to or borrow any money from
or enter into any monetary dealings or transactions, directly or indirectly, with any
committee member or any person involved in the sourcing process, where this is done,
Transnet shall be entitled forthwith to rescind the contract and all other contracts with
the Tenderer/Service Provider/Contractor.
10 DISPUTE RESOLUTION
10.1 Transnet recognises that trust and good faith are pivotal to its relationship with its
Tenderer / Service Provider / Contractor. When a dispute arises between Transnet and
its Tenderer / Service Provider / Contractor, the parties should use their best endeavours
to resolve the dispute in an amicable manner, whenever possible. Litigation in bad faith
negates the principles of trust and good faith on which commercial relationships are
based. Accordingly, following a blacklisting process as mentioned in paragraph 6 above,
Transnet will not do business with a company that litigates against it in bad faith or is
involved in any action that reflects bad faith on its part. Litigation in bad faith includes,
but is not limited to the following instances:
a) Vexatious proceedings: these are frivolous proceedings which have been instituted
without proper grounds;
b) Perjury: where a Tenderer / Service Provider / Contractor make a false statement either
in giving evidence or on an affidavit;
c) Scurrilous allegations: where a Tenderer / Service Provider / Contractor makes
allegations regarding a senior Transnet employee which are without proper foundation,
scandalous, abusive or defamatory; and
d) Abuse of court process: when a Tenderer / Service Provider / Contractor abuses the
court process in order to gain a competitive advantage during a Tender process.
11 GENERAL
11.1 This Integrity Pact is governed by and interpreted in accordance with the laws of the
Republic of South Africa.
11.2 The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the law relating to any civil or
criminal proceedings.
11.3 The validity of this Integrity Pact shall cover all the tendering processes and will be valid
for an indefinite period unless cancelled by either Party.
11.4 Should one or several provisions of this Integrity Pact turn out to be invalid the remainder
of this Integrity Pact remains valid.
The Parties hereby declare that each of them has read and understood the clauses of this
Integrity Pact and shall abide by it. To the best of the Parties’ knowledge and belief, the
information provided in this Integrity Pact is true and correct.
I ……………………………………….. duly authorised by the tendering entity, hereby certify that the
tendering entity are fully acquainted with the contents of the Integrity Pact and further agree
to abide by it in full.
Signature …………………………………
Date ………………………………………..
• Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply Chain
Management): fair, equitable, transparent, competitive and cost effective;
This code of conduct has been included in this contract to formally appraise Transnet Suppliers of
Transnet’s expectations regarding behaviour and conduct of its Suppliers.
Transnet is in the process of transforming itself into a self-sustaining State Owned Enterprise, actively
competing in the logistics industry. Our aim is to become a world class, profitable, logistics organisation.
As such, our transformation is focused on adopting a performance culture and to adopt behaviours that
will enable this transformation.
1. Transnet SOC Limited will not participate in corrupt practices. Therefore, it expects its
suppliers to act in a similar manner.
• Transnet and its employees will follow the laws of this country and keep accurate business
records that reflect actual transactions with, and payments to, our suppliers.
• Employees must not accept or request money or anything of value, directly or indirectly,
from suppliers.
- Win or retain business or to influence any act or decision of any person involved in
sourcing decisions; or
2. Transnet SOC Limited is firmly committed to the ideas of free and competitive
enterprise.
• Suppliers are expected to comply with all applicable laws and regulations regarding fair
competition and antitrust practices.
• Transnet does not engage with non-value adding agents or representatives solely for the
purpose of increasing BBBEE spend (fronting).
• Generally, suppliers have their own business standards and regulations. Although Transnet
cannot control the actions of our suppliers, we will not tolerate any illegal activities. These
include, but are not limited to:
- Collusion;
• Suppliers must be evaluated and approved before any materials, components, products or
services are purchased from them. Rigorous due diligence is conducted and the supplier is
expected to participate in an honest and straight forward manner.
• Suppliers must record and report facts accurately, honestly and objectively. Financial records
must be accurate in all material respects.
A conflict of interest arises when personal interests or activities influence (or appear to influence) the
ability to act in the best interests of Transnet SOC Limited.
Where possible, contracts will be negotiated to include the above in the terms of such contracts. To the
extent such terms are not included in contractual obligations and any of the above code is breached,
then Transnet reserves its right to review doing business with these suppliers.
I, of
hereby acknowledge having read, understood and agree to the terms and conditions set out in the
“Transnet Supplier Code of Conduct.”
_________________________
Signature
1.1. The rights and obligation of the Parties in terms of the Protection of Personal Information Act, 4 of
2013 (“POPIA”) are included as forming part of the terms and conditions of this contract.
2.1. The following terms shall bear the same meaning as contemplated in Section 1 of the Protection of
Person information act, No. of 2013 ”(POPIA”):
consent; data subject; electronic communication; information officer; operator; person; personal
information; processing; record; Regulator; responsible party; special information; as well as any
terms derived from these terms.
2.2. The Operator will process all information by the Transnet in terms of the requirements contemplated
in Section 4(1) of the POPIA:
2.3. The Parties acknowledge and agree that, in relation to personal information of Transnet and the
information of a third party that will be processed pursuant to this Agreement , the Operator is (...
insert name of Tenderer/Contractor) hereinafter Operator and the Data subject is “Transnet”.
Operator will process personal information only with the knowledge and authorisation of Transnet
and will treat personal information and the information of a third party which comes to its knowledge
as confidential and will not disclose it, unless so required by law or subject to the exceptions
contained in the POPIA.
2.4. Transnet reserves all the rights afforded to it by the POPIA in the processing of any of its information
as contained in this Agreement and the Operator is required to comply with all prescripts as detailed
in the POPIA relating to all information concerning Transnet.
2.5. In terms of this Agreement, the Operator acknowledges that it will obtain and have access to
personal information of Transnet and the information of a third party and agrees that it shall only
process the information disclosed by Transnet in terms of this Agreement and only for the purposes
as detailed in this Agreement and in accordance with any applicable law.
2.6. Should there be a need for the Operator to process the personal information and the information of
a third party in a way that is not agreed to in this Agreement, the Operator must request consent
CPM 2021 Rev 01 Part T2: Returnable Schedules
Page 1 of 3 T2.2-12: Agreement in terms of Protection of
Personal Information Act, 4 of 2013 (“POPIA”)
Transnet Property
Tender/Contract Number: TP/2024/02/0003/56918/RFQ,
Description of the Works: REPAIRS, REPLACEMENTS, SERVICING, AND TESTING OF CHILLER PLANTS, WATER
CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS, STAND-ALONE
UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND (GAUTENG)
from Transnet to the processing of its personal information or and the information of a third party
in a manner other than that it was collected for, which consent cannot be unreasonably withheld.
2.7. Furthermore, the Operator will not otherwise modify, amend or alter any personal information and
the information of a third party submitted by Transnet or disclose or permit the disclosure of any
personal information and the information of a third party to any third party without prior written
consent from Transnet.
2.8. The Operator shall, at all times, ensure compliance with any applicable laws put in place and
maintain sufficient measures, policies and systems to manage and secure against all forms of risks
to any information that may be shared or accessed pursuant to the services offered to Transnet in
terms of this Agreement (physically, through a computer or any other form of electronic
communication).
2.9. The Operator shall notify Transnet in writing of any unauthorised access to personal information
and the information of a third party , cybercrimes or suspected cybercrimes, in its knowledge and
report such crimes or suspected crimes to the relevant authorities in accordance with applicable
laws, after becoming aware of such crimes or suspected crime. The Operator must inform Transnet
of the breach as soon as it has occurred to allow Transnet to take all necessary remedial steps to
mitigate the extent of the loss or compromise of personal information and the information of a third
party and to restore the integrity of the affected personal information as quickly as is possible.
2.10. Transnet may, in writing, request the Operator to confirm and/or make available any personal
information and the information of a third party in its possession in relation to Transnet and if such
personal information has been accessed by third parties and the identity thereof in terms of the
POPIA.
2.11. Transnet may further request that the Operator correct, delete, destroy, withdraw consent or object
to the processing of any personal information and the information of a third party relating to the
Transnet or a third party in the Operator’s s possession in terms of the provision of the POPIA and
utilizing Form 2 of the POPIA Regulations .
2.12. In signing this addendum that is in terms of the POPIA, the Operator hereby agrees that it has
adequate measures in place to provide protection of the personal information and the information
of a third party given to it by Transnet in line with the 8 conditions of the POPIA and that it will
provide to Transnet satisfactory evidence of these measures whenever called upon to do so by
Transnet.
The Operator is required to provide confirmation that all measures in terms of the POPIA are
in place when processing personal information and the information of a third party received
from Transnet:
YES NO
2.13. Further, the Operator acknowledges that it will be held liable by Transnet should it fail to process personal
information in line with the requirements of the POPIA. The Operator will be subject to any civil or criminal
action, administrative fines or other penalty or loss that may arise as a result of the processing of any personal
information that Transnet submitted to it.
2.14. Should a Tenderer have any complaints or objections to processing of its personal information, by Transnet,
the Tenderer can submit a complaint to the Information Regulator on https://www.justice.gov.za/inforeg/, click
on contact us, click on complaints.IR@justice.gov.za
3. SOLE AGREEMENT
3.1. The Agreement, constitute the sole agreement between the parties relating to the subject matter
referred to in paragraph 1.1 of this and no amendment/variation/change shall be of any force and
effect unless reduced to writing and signed by or on behalf of both parties.
Name: _________________________
Title: _________________________
Signature: ______________________
(Company)
Authorised signatory for and on behalf of …………………………………who warrants that he/she is duly authorised
to sign this Agreement.
AS WITNESSES:
Transnet is free to procure the services of any person within or outside the Republic of South Africa in
accordance with applicable legislation. Transnet shall not conduct or conclude business transactions,
with any Respondents without having:
▪ Conducted a risk assessment and due diligence to assess the potential risks that may be
posed by the business relationship.
As per the Transnet Domestic Prominent Influential Persons (DPIP) and Foreign Prominent Public
Officials (FPPO) and Related Individuals Policy available on Transnet website
https://www.transnet.net/search/pages/results.aspx?k=FPIDP#k=DPIP, Respondents are required to
disclose any commercial relationship with a DPIP or FPPO (as defined in the Policy) by completing the
following section:
The below form contains personal information as defined in the Protection of Personal
Information Act,
2013 (the “Act”). By completing the form, the signatory consents to the processing of her/his
personal information in accordance with the requirements of the Act. Consent cannot
unreasonably be withheld.
Is the Respondent
(Complete with a “Yes” or “No”)
A DPIP/FPPO Closely Related to Closely
a DPIP/FPPO Associated to a
DPIP/FPPO
List all known business interests, in which a DPIP/FPPO may have a direct/indirect interest or significant
participation or involvement.
No Name of Role in the Shareholding Registration Status
Entity / Entity/ % Number (Mark the applicable
Business Business option with an X)
(Nature of Active Non-Active
interest/
Participation)
3
Transnet Property
Tender Number: TP/2024/02/0003/56918/RFQ
Description of the Works: AIR-CONDITIONING REPAIRS, REPLACEMENTS, SERVICING AND TESTING OF CHILLER
PLANTS, WATER CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN
FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE
INLAND (GAUTENG)
Respondents declaring a commercial relationship with a DPIP or FPPO are to note that Transnet is
required to annually publish on its website a list of all business contracts entered into with DPIP or
FPPO. This list will include successful Respondents, if applicable.
2. SERVICE LEVELS
2.1 Transnet reserves the right to request that any member of the Service provider’s team
involved on the
2.2 The Service provider guarantees that it will achieve a 95% [ninety-five per cent] service level
on the following measures:
b) On-time delivery
2.3 The Service provider must provide a telephone number for customer service calls.
2.4 Failure of the Service provider to comply with stated service level requirements will give
Transnet the right to cancel the contract in whole, without penalty to Transnet, giving 30
[thirty] calendar days’ notice to the Service provider of its intention to do so.
YES NO
Transnet Property
Contract Number: TP/2024/02/0003/56918/RFQ
Description of Works: AIR-CONDITIONING REPAIRS, REPLACEMENTS, SERVICING AND TESTING OF CHILLER PLANTS,
WATER CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN FRIDGE/FREEZERS,
STAND-ALONE UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE INLAND (GAUTENG)
either examined the documents listed in the Tender Data and addenda thereto as listed in the Returnable
Schedules, and by submitting this Offer has accepted the Conditions of Tender.
or examined the draft contract as listed in the Acceptance section and agreed to provide this Offer.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and
Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the contract
including compliance with all its terms and conditions according to their true intent and meaning for an amount to be
determined in accordance with the conditions of contract identified in the Contract Data.
This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and
returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the
period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party
named as the Contractor in the conditions of contract identified in the Contract Data.
Signature(s)
Name(s)
Capacity
For the
tenderer:
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s Offer. In
consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of
contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the
Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the
subject of this agreement.
Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the
Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during
this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this
Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this
Schedule.
The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of
Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of
any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the
conditions of contract identified in the Contract Data at, or just after, the date this agreement comes into effect. Failure to
fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date of award.
Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing
of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract
between the Parties.
Signature(s)
Name(s)
Capacity
for the
Employer
Schedule of Deviations
Note:
1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the
contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the
outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to
incorporate the effect of it.
By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree
to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the
Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or
changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between
the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have
any meaning or effect in the contract between the parties arising from this Agreement.
Name
Capacity
On behalf (Insert name and address of organisation) (Insert name and address of organisation)
of
Name &
signature
of witness
Date
1 General
Transnet property
Having elected its Contractual 150 Commissioner Street
Address for the purposes of this Johannesburg
contract as: 2000
e-mail : Mathibele.selowa@transnet.net
e-mail Madinoga.Maila@transnet.net
11.2(14) The following matters will be included The contractor might have to work where there is
in the Risk Register too much vegetation when executing works
11.2(15) The boundaries of the site are As stated in Part C4.1.”Description of the Site and
it surroundings”
12.2 The law of the contract is the law of The Republic of South Africa subject to the
jurisdiction of the Courts of South Africa.
20.1 The Contractor submits a first plan 1 week of the Contract data
for acceptance within
3 Time
11.2(3) The completion date for the whole of 24 months from the date of the award (in the
the works is event that the plan exceed the duration
stipulated, Transnet Property will advise on the
extension or termination thereof X7.1)
11.2(9) The key dates and the conditions to Condition to be met key date
be met are:
TBA
31.2 The starting date is (Fourteen (14) days after the award date)
5 Payment
50.1 The assessment interval is monthly 25th (twenty-fifth) day of each successive month.
on the
51.2 The period within which payments Payment will be effected on or before the last day
are made is of the month following the month during which a
valid Tax Invoice and Statement were received.
51.4 The interest rate is The prime lending rate of Standard Bank of South
Africa.
6 Compensation events
and which are available from: South African Weather Service 012 367 6023 or
info3@weathersa.co.za.
80.1 These are additional Employer's risks The contractor might have to work where there is
too much vegetation when executing works
The site is prone to criminality and preventative
measures to secure staff and material must be
undertaken by the contractor
The deductibles are The deductibles are, in respect of each and every
theft claim, 0.1% of the contract value subject to
a minimum of R2.500 and a maximum of R25.000.
The Contractor provides these 1 Where the contract requires that the design of
additional Insurances any part of the works shall be provided by the
Contractor the Contractor shall satisfy the
Employer that professional indemnity
insurance cover in connection therewith has
been affected
84.2 The insurance against loss of or Principal Controlled Insurance policy for
damage to the works, Plant and Contract OR Project Specific Insurance for the
Materials as stated in the insurance contract
policy for contract works and public
liability selected from:
B Priced contract with Bill of No additional data is required for this Option.
Quantities
60.6 The method of measurement is The Bill of Quantities have been measured in
accordance with SANS 1200 unless indicated
otherwise.
W1.1 The Adjudicator is Both parties will agree as and when a dispute
arises. If the parties cannot reach an agreement
on the Adjudicator, the Chairman of the
Association of Arbitrators will appoint an
Adjudicator.
W1.2(3) The Adjudicator nominating body is: The Chairman of the Association of Arbitrators
(Southern Africa)
W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of the
Association of Arbitrators (Southern Africa)
X5 Sectional Completion
REPLACEMENTS,
SERVICING AND
TESTING OF CHILLER
PLANTS, WATER
CHILLERS, VRV
SYSTEMS, PACKAGE
UNITS, EVAPORATIVE
COOLERS AND WALK
IN
FRIDGE/FREEZERS,
STAND-ALONE UNITS
ON AN AS & WHEN
REQUIRED BASIS
FOR 24 MONTHS
WITHIN THE INLAND
Z5.2 Termination Table The following will be included under core clause
90.2 Termination Table as follows:
Z6.1 N/A
The tendering Contractor is advised to read both the NEC3 Engineering and Construction Contract - June 2005
(with amendments June 2006 and April 2013) and the relevant parts of its Guidance Notes (ECC3-GN) in order
to understand the implications of this Data which the tenderer is required to complete. An example of the
completed Data is provided on pages 156 to 158 of the ECC3 Guidance Notes. The contractor is to indicate on
the working areas/sites their bid relates to in terms of the provinces the tender applies to.
Completion of the data in full, according to Options chosen, is essential to create a complete contract.
Address
Tel No.
Fax No.
1 Name:
Job:
Responsibilities:
Qualifications:
Experience:
2 Name:
Job
Responsibilities:
Qualifications:
Experience:
B Priced contract with bill of quantities Data for the Shorter Schedule of Cost
Components
Document Title No of
reference pages
C2.1 Pricing instructions: Option B 4
1.1. How the contract prices work and assesses it for progress payments
Clause 11 in NEC3 Engineering and Construction Contract, June 2005 (with amendments June 2006 and
April 2013) (ECC) Option B states:
Identified and 11
defined terms 11.2 (21) The Bill of Quantities is the bill of quantities as changed in accordance
with this contract to accommodate implemented compensation events and for
accepted quotations for acceleration.
(22) Defined Cost is the cost of the components in the Shorter Schedule of
Cost Components whether work is subcontracted or not excluding the cost of
preparing quotations for compensation events.
(28) The Price for Work Done to Date is the total of
• the quantity of the work which the Contractor has completed for each item
in the Bill of Quantities multiplied by the rate and
• a proportion of each lump sum which is the proportion of the work covered
by the item which the Contractor has completed.
(31) The Prices are the lump sums and the amounts obtained by multiplying
the rates by the quantities for the items in the Bill of Quantities.
This confirms that Option B is a re-measurement contract and the bill comprises only items measured using
quantities and rates or stated as lump sums. Value related items are not used. Time related items are items
measured using rates where the rate is a unit of time.
1.2. Function of the Bill of Quantities
Clause 55.1 in Option B states, “Information in the Bill of Quantities is not Works Information or Site
Information”. This confirms that instructions to do work or how it is to be done are not included in the Bill, but
in the Works Information. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the
Works in accordance with the Works Information”. Hence the Contractor does not Provide the Works in
accordance with the Bill of Quantities. The Bill of Quantities is only a pricing document.
1.3. Guidance before pricing and measuring
Employers preparing tenders or contract documents, and tendering contractors are advised to consult the
sections dealing with the bill of quantities in the NEC3 Engineering and Construction Contract (June 2005)
Guidance Notes before preparing the bill of quantities or before entering rates and lump sums into the bill.
Historically bill of quantities based contracts in South Africa have been influenced by the different
approaches of the civil engineering and building sectors of the industry through their respective discipline
based standard forms of contract and methods of measurement. This is particularly apparent in the approach
to the Preliminary and General bill. On the other hand, because ECC caters for a number of disciplines in
the same contract, including electrical works, a different approach not currently found in local methods of
measurement to the Preliminary & General bill items may have been used.
The NEC approach to the P & G bill assumes use will be made of method related charges for Equipment
applied to Providing the Works based on durations shown in the Accepted Programme, fixed charges for the
use of Equipment that is required throughout the construction phase, time related charges for people working
in a supervisory capacity for the period required, and lump sum charges for other facilities or services not
directly related to performing work items typically included in other parts of the bill.
2.1. Symbols
The units of measurement described in the Bill of Quantities are metric units abbreviated as follows:
Abbreviation Unit
% Percent
h Hour
ha hectare
kg kilogram
kl kilolitre
km kilometre
km-pass kilometre-pass
kPa kilopascal
kW kilowatt
l Litre
m metre
mm millimetre
m2 square metre
m2-pass square metre pass
m3 cubic metre
m3-km cubic metre-kilometre
MN meganewton
MN.m meganewton-metre
MPa megapascal
No. number
Prov sum1 provisional sum
PC-sum prime cost sum
R/only Rate only Lump
sum sum
t ton (1000kg)
W/day Work day
1Provisional Sums should not be used unless absolutely unavoidable. Rather include specifications and
associated bill items for the most likely scope of work, and then change later using the compensation event
procedure if necessary. This is because tenderers cannot programme effectively for unknown scopes of
work
2.2.1. Unless otherwise stated, items are measured net in accordance with the drawings, and no
allowance has been made in the quantities for waste.
2.2.2. The Prices and rates stated for each item in the Bill of Quantities shall be treated as being fully
inclusive of all work, risks, liabilities, obligations, overheads, profit and everything necessary as
incurred or required by the Contractor in carrying out or providing that item.
2.2.3. Clause 63.13 in Option B provides that these rates and Prices may be used as a basis for
assessment of compensation events instead of Defined Cost.
2.2.4. Where this contract requires detailed drawings, designs or other information to be provided, and
no rates or prices are included in the bill specifically for such matters, then the Contractor is
deemed to have allowed for all costs associated with such requirements within the tendered
rates and Prices in the Bill of Quantities.
2.2.5. An item against which no Price is entered will be treated as covered by other Prices or rates in
the bill of quantities. If a number of items are grouped together for pricing purposes, this will be
treated as a single lump sum.
2.2.6. The quantities contained in the Bill of Quantities may not be final and do not necessarily
represent the actual amount of work to be done. The quantities of work assessed and certified
for payment by the Project Manager at each assessment date will be used for determining
payments due and not the quantities given in the Bill of Quantities.
2.2.7. The short descriptions of the items of payment given in the bill of quantities are only for the
purposes of identifying the items. More detail regarding the extent of the work entailed under each
item is provided in the Works Information.
Contractual requirements
Normal hours (7:00 – 16:00 weekdays)
1 Labour Rate (Air-con Technician) HR 1
2 Labour Rate (Trade Hand) HR 1
After Hours
and parts)
14.2.1 9000 BTU EA
14.2.2 12000 BTU EA
14.2.3 18000 BTU EA
Package units EA
R 0 up to R 9 999.99 %
R 10 000 up to R 49 999.99 %
R 50 000 up to R 99 999.99 %
R 100 000 up to R 199 999.99 %
R 200 000 and above %
Vat @ 15%
SPECIFICATION
1
SCOPE
1. EQUIPMENT DESCRIPTION
2.1 The various Air-Conditioning units (Stand-alone units) owned by Transnet SOC need to
be serviced and tested on a stipulated basis, or repaired and replaced, as & when
required. The Air-Conditioning units referred to for the purpose of the contract are
those that are in the specified locations on the contract.
2.2 The various Air-Conditioning units (Chiller Plants, Water Chiller Plants, VRV Systems,
Package Units, Evaporative Coolers and walk in Fridge/Freezers) owned by Transnet
SOC need to serviced and tested on a stipulated basis, or repaired and replaced, as &
when required. The Air-Conditioning units referred to for the purpose of the contract
are those that are in the specified locations on the contract.
2.3 It is required that upon the reporting of a faulty Air-Conditioning unit in a specific
area, the repair work be attended to, after the relevant authorization from the
company has been issued.
2.4 It is also required that scheduled planned maintenance be conducted by the supplier on
the various Air-Conditioning units, in order to determine the condition of the unit. All
service or testing reports are to be communicated to Transnet after conducting the
preventative maintenance activities.
STAND-ALONE UNITS
2
2.4.2 MAJOR SERVICE (6 months schedule)
2.4.2.1 Repairs and replacements of components and parts of Cassette type air-conditioning
units up to isolator.
2.4.2.2 Repairs and replacements of components and parts of Window type air-conditioning
units up to isolator.
2.4.2.3 Repairs and replacements of components and parts of Inverter type air-conditioning
units up to isolator.
2.4.2.4 Repairs and replacements of components and parts of Split type air-conditioning
units up to isolator.
2.4.2.5 Repairs and replacements of components and parts of Console type air-conditioning
units up to isolator.
2.4.2.6 Issuing of Certificate of Compliance for every job card, where applicable
2.4.3 REPLACEMENTS
NORTHERN CAPE
3
2.4.5 MAJOR SERVICE (6 months schedule)
2.4.5.1 Repairs and replacements of components and parts of Cassette type air-
conditioning units up to isolator.
2.4.5.2 Repairs and replacements of components and parts of Window type air-
conditioning units up to isolator.
2.4.5.3 Repairs and replacements of components and parts of Inverter type air-
conditioning units up to isolator.
2.4.5.4 Repairs and replacements of components and parts of Split type air-conditioning
units up to isolator.
2.4.5.5 Repairs and replacements of components and parts of Console type air-
conditioning units up to isolator.
2.4.5.6 Issuing of Certificate of Compliance for every job card, where applicable
2.5.1 Repairs and servicing to the following Chiller Plant and Water Chiller Plant
brand names, York and Trane
2.5.2 Repairs and servicing to the following VRV System brand names, LG,
Samsung, Mitsubishi and Daiken
2.5.3 Repairs and servicing to walk in Fridge/freezers up to the power supply
2.5.4 Repairs, replacements, service and testing of complete Chiller Plants up to the
power supply
2.5.5 Repairs, replacements, service and testing of complete VRV Systems (Indoor
and Outdoor units) up to the power supply
2.5.6 Repairs, replacements, service and testing of Package units up to the power
supply 2.5.7 Repairs, replacements, service and testing of Evaporative Coolers up to the
power
supply
2.5.8 Issuing of Certificate of Compliance for every job card, where applicable
2.6.1 Repairs and servicing to the following Chiller Plant and Water Chiller Plant
brand names, York and Trane
2.6.2 Repairs and servicing to the following VRV System brand names, LG,
Samsung, Mitsubishi and Daiken
2.6.3 Repairs and servicing to walk in Fridge/freezers up to the power supply
2.6.4 Repairs, replacements, service and testing of complete Chiller Plants up to the
power supply
2.6.5 Repairs, replacements, service and testing of complete VRV Systems (Indoor
and Outdoor units) up to the power supply
4
2.6.6 Repairs, replacements, service and testing of Package units up to the power
supply
2.6.7 Repairs, replacements, service and testing of Evaporative Coolers up to the power
supply
2.6.8 Issuing of Certificate of Compliance for every job card, where applicable
3. METHOD OF TENDERING
3.1 The following tender requirements shall be read in conjunction with the
specification and tenders shall be submitted in accordance herewith.
3.2 A broad statement to the effect that the equipment is in accordance with the
specification is not acceptable.
3.3 Offers, which include deviations of a minor nature, not departing greatly from the
specification, will be considered at Transnet Property’s discretion. The necessity
for such deviation shall be clearly motivated in detail by the tenderer.
3.4 Any optional extras recommended by the tenderer shall be quoted for separately.
3.5 The onus to prove compliance of the equipment offered against any clause shall
rest solely with the tenderer should he be awarded the contract.
3.6 Should tenderers wish to elaborate on their reply to a clause, a reference to page and
paragraph of a covering letter shall be given next to the clause concerned, in addition
to the statement of compliance.
3.7 A tenderer’s statement of compliance shall overrule any conflicting
documentation submitted.
3.8 Tenderers are responsible for the accuracy of their statement of compliance.
3.9 The successful tenderer will be responsible for all costs incurred in modifying
or replacing equipment accepted by Transnet Property on the grounds of the
tenderers statement of compliance with the specification and found by Transnet
Property not to comply.
3.10 In the event of discrepancies between Transnet Property’s specification and
any publication referred to, the specification shall take precedence.
3.11 In the event of discrepancies between Transnet Property’s specification and
any drawings referred to, the drawings shall take precedence.
(STANDALONE UNITS)
1) MID-WALL SPLITS
Clean Filters.
Check Refrigeration circuit.
Check for correct operation
5
2) WINDOW/WALL UNIT
Clean Filter.
Check & Test Temperatures.
Check & Test correct operations of 4-way valve.
3) CEILINNG CASSETTE
Clean Filters.
Check & Test Temperatures. Service and testing of Cassette type air-conditioning units
up to isolator.
1) MID-WALL SPLITS
Chemically clean condenser & evaporator.
Clean drip tray & drain pipe.
Clean Evaporator & Condenser Fans.
Clean Filters on Evaporator (Replace if necessary).
Check all Electrical Connections.
Measure and check Voltages & Currents.
Check LP & HP Pressures.
Top up Refrigerant.
Wash Condenser & Evaporator using Handy Andy & Water.
Test Unit Heating & Cooling for correct Operation.
2) WINDOW/WALL UNIT
Disconnect Unit, Remove from casing.
Remove condenser covers.
Brush & Blow out Unit.
Chemically clean condenser & evaporator.
Replace condenser covers.
Check all Electrical Corrections.
Check correct operation of four-way Valve.
Check Evaporator & Condenser Fans & Clean.
Clean Filter (Replace if necessary).
Check Temperatures (with Temperature meter).
Replace Unit in Casing & secure.
Replace front cover.
4.3 REPLACEMENTS
6
4.3.6 Relocation of Cassette type air-conditioning units
4.3.7 Relocation of Inverter type air-conditioning units
4.3.8 Relocation of Split type air-conditioning units
1) CHILLED WATER
UNITS Chiller Service
Lubricate and adjust equipment (bearings) as required by manufacturer’s
recommendations. Inspect electric wiring from the line side starter to its respective motor.
Inspect refrigerant piping between two or more pieces of equipment (including chilled water
piping) and the insulation of the piping.
Inspect all pressure and temperature controls, thermometers, gauges, linkages, control
devices and thermostats located at equipment.
Inspect starters.
Check all safety switches and alarms for proper operation. These
include: High-pressure cut-off.
Low-pressure cut-off.
Low oil pressure
switch. Oil pump
timers.
Flow switches.
7
Check operation of main starter:
Examine contacts on all electrical connections.
Verify overload and trip settings.
8
360 Day Maintenance Schedule
9
4.5 VRV UNITS
Refrigerant System-Compressor:
§ Check acoustic soundness and vibration at start and stop.
§ Measure insulation resistance.
§ Check the tightness of terminals and for proper wire contact.
Refrigerant System-Pulse motor valve:
§ Check for correct operation.
§ Check Operation sound at power ON/OFF.
§ Check operation of 4-way valve and insulation performance.
§ Check for Corrosion and abnormal sounds.
Heat Exchange:
§ Check for clogging by dirt or damage.
§ Check for gas leakage.
Fan Motor:
§ Check acoustic soundness.
§ Measure insulation resistance.
Float switch:
§ Check operation.
§ Check for the broken wires and replace.
Filter:
§ Check for dirt or snagging.
10
Fan, fan casing, bell mouth:
§ Check fluctuation & balance.
§ Check for dirt and clean.
System
Check for clogging and dirt deposit and clean.
Check for peeling of paint on the cabinet and repair.
Check for dirt or damage on the make-up panel and louver, clean and repair.
Check for dirt or damage on the front, top and side cabinet, clean and repair.
5.1 All work shall be carried out in a neat and orderly manner to the satisfaction of Transnet
property. Electrical work shall conform to the requirements of SANS 10142-1&2 and
those stipulated in this specification.
5.2 Equipment and materials used shall be of high-quality design and manufacture and
shall comply with the relevant National standards incorporated in SANS 10142-1&2.
6. SUPERVISION
6.1 The Contractor shall ensure that work is carried out by suitably qualified Technician
registered with SARACCA and experienced staff and a valid Certificate of Compliance
shall be provided for the work.
6.2 Documentary proof of registration for work shall be submitted with tender
documentation.
7. GUARANTEE
7.1 The Contractor must undertake to repair all faults due to bad workmanship and/or faulty
materials and to replace all defective apparatus or materials during a period of twelve
calendar months, calculated from the date that the completed installation is accepted
by Transnet Property.
7.2 Any defects that may become apparent during the guarantee period must be rectified to
the satisfaction of and free of cost to Transnet Property.
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7.3 The Contractor shall undertake work on the rectification of any defects that may arise
during the guarantee period within 7 days of his being notified by Transnet Property of
such defects.
7.4 Should the Contractor fail to comply with the requirements stipulated above, Transnet
Property shall be entitled to undertake the necessary repair work or effect replacement
of defective apparatus or materials, and the Contractor shall reimburse Transnet
Property the total cost of such repair or replacements, including the labour costs
incurred in replacing defective material.
TENDERER’S SIGNATURE………………………………………………………
DATE……………………………
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TRANSNET PROPERTY
TENDER NUMBER: TP/2023/07/0003/36459/RFQ
DESCRIPTION OF THE WORKS: AIR-CONDITIONING REPAIRS, REPLACEMENTS, SERVICING AND TESTING OF
CHILLER PLANTS, WATER CHILLERS, VRV SYSTEMS, PACKAGE UNITS, EVAPORATIVE COOLERS AND WALK IN
FRIDGE/FREEZERS, STAND-ALONE UNITS ON AN AS & WHEN REQUIRED BASIS FOR 24 MONTHS WITHIN THE
INLAND (GAUTENG)
All certified copies must not be older than 3 months from the closing date of this tender.
No CV attached/no experience
0
No CV attached/no experience
0
Proof of experience attached in Bidder has successfully provided >3, <5 Hvac 10
client letter head in the form of services.
award letter or reference letter, or 20
purchase order accompanied by Bidder has successfully provided >5, <7 Hvac 15
services.
completion certificates or contract
with the client contact details,
project title and description of Bidder has successfully provided >7 Hvac 20
works. Services.