Common use of BBBEE Clause in Contracts

BBBEE. 9.1 Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. 9.2 In response to this requirement, the Service Provider shall submit to Transnet’s Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof during the currency of the Agreement. 9.3 The Service Provider undertakes to notify and provide full details to Transnet in the event there is: 9.3.1. a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and 9.3.2. a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status 9.4 The Service Provider shall furnish Transnet with its BBBEE certificate reflecting its Verified BBBEE Score together with the underlying scorecard prepared by an accredited verification agency or an auditor on or before the Commencement Date and thereafter on or before the Anniversary Date for the duration of the Contract Period. 9.5 If the Service Provider is a consortium, reference in this clause 9 and in clause 10 to the Service Provider’s Verified BBBEE Score shall be the Verified BBBEE Score of the Service Provider and not of the individual members of the consortium. 9.6 The Service Provider undertakes to notify and provide full details to Transnet in writing as soon as is reasonably practicable in the circumstances in the event that: 9.6.1. a change in the Service Provider’s Overall BBBEE Score results in a reduction by a single level or more of the Service Provider’s BBBEE Contributor Status Level; or 9.6.2. the Service Provider’s Ownership Score has or is likely to reduce for whatever reason. 9.7 Transnet may, in its sole and absolute discretion, terminate this Agreement in the circumstances contemplated in clause 8.1.2 on the strength of the information provided by the Service Provider to Transnet in terms of clause 9.5. 9.8 Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of the contract.

BBBEE. 9.1 19.1. Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. 9.2 19.2. In response to this requirement, the Service Provider shall submit to Transnet’s the Transnet Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof during the currency of the Agreement. 9.3 19.3. The Service Provider undertakes to notify and provide full details to Transnet in the event there is: 9.3.119.3.1. a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and 9.3.219.3.2. a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status 9.4 19.4. The Service Provider shall furnish Transnet with its BBBEE certificate reflecting its Verified BBBEE Score together with the underlying scorecard prepared by an accredited verification agency or an auditor on or before the Commencement Date and thereafter on or before the Anniversary Date for the duration of the Contract Period. 9.5 If the Service Provider is a consortium, reference in this clause 9 and in clause 10 to the Service Provider’s Verified BBBEE Score shall be the Verified BBBEE Score of the Service Provider and not of the individual members of the consortium. 9.6 19.5. The Service Provider undertakes to notify and provide full details to Transnet in writing as soon as is reasonably practicable in the circumstances in the event that: 9.6.119.5.1. a change in the Service Provider’s Overall BBBEE Score results in a reduction by a single level or more of the Service Provider’s BBBEE Contributor Status Level; or 9.6.219.5.2. the Service Provider’s Ownership Score has or is likely to reduce for whatever reason. 9.7 19.6. Transnet may, in its sole and absolute discretion, terminate this Agreement in the circumstances contemplated in clause 8.1.2 Error! Reference source not found. on the strength of the information provided by the Service Provider to Transnet in terms of clause 9.519.5. 9.8 19.7. Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-BBEE BBBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of the contract. 19.8. The Service Provider shall make payment of the Tax Invoice referred to in clause Error! Reference source not found. or the amended Tax Invoice referred to in clause Error! Reference source not found. within 10 (ten) Business Days of the receipt by the Service Provider of such Tax Invoice. In the event that the Service Provider fails to make payment of such Tax Invoice within the aforesaid period, Transnet shall, at its sole and absolute discretion, be entitled to: 19.8.1. levy interest on such overdue Tax Invoice at the Prime Rate from the due date for such payment until the actual date of payment in full; or 19.8.2. deduct the amount not paid by the Service Provider from the amount due to the Service Provider in the ensuing months. 19.9. Transnet shall not be liable to make payment of any Tax Invoices submitted by the Service Provider to Transnet during the period referred to in clause Error! Reference source not found. up to a maximum value of the aggregate of any Tax Invoices that are due and payable by the Service Provider to Transnet and which remain outstanding. 19.10. Should the Service Provider fail to make payment of the Tax Invoice contemplated in clause Error! Reference source not found. or the amended Tax Invoice contemplated in clause Error! Reference source not found. within the period stipulated in clause Error! Reference source not found., Transnet shall be entitled to lodge a claim against the Performance Guarantee in terms of the provisions of clause Error! Reference source not found..

BBBEE. 9.1 19.1. Transnet fully endorses and supports the Broad-Based Black Economic Empowerment Programme and is strongly of the opinion that all South African business enterprises have an equal obligation to redress the imbalances of the past. 9.2 19.2. In response to this requirement, the Service Provider shall submit to Transnet’s the Transnet Contract Manager or such other designated person details of its B-BBEE status in terms of the latest Codes of Good Practice issued in terms of the B-BBEE Act and proof thereof during the currency of the Agreement. 9.3 19.3. The Service Provider undertakes to notify and provide full details to Transnet in the event there is: 9.3.119.3.1. a change in the Service Provider’s B-BBEE status which is less than what it was at the time of its appointment including the impact thereof; and 9.3.219.3.2. a corporate or internal restructure or change in control of the Service Provider which has or likely to impact negatively on the Service Provider’s B-BBEE status 9.4 19.4. The Service Provider shall furnish Transnet with its BBBEE certificate reflecting its Verified BBBEE Score together with the underlying scorecard prepared by an accredited verification agency or an auditor on or before the Commencement Date and thereafter on or before the Anniversary Date for the duration of the Contract Period. 9.5 If the Service Provider is a consortium, reference in this clause 9 and in clause 10 to the Service Provider’s Verified BBBEE Score shall be the Verified BBBEE Score of the Service Provider and not of the individual members of the consortium. 9.6 19.5. The Service Provider undertakes to notify and provide full details to Transnet in writing as soon as is reasonably practicable in the circumstances in the event that: 9.6.119.5.1. a change in the Service Provider’s Overall BBBEE Score results in a reduction by a single level or more of the Service Provider’s BBBEE Contributor Status Level; or 9.6.219.5.2. the Service Provider’s Ownership Score has or is likely to reduce for whatever reason. 9.7 19.6. Transnet may, in its sole and absolute discretion, terminate this Agreement in the circumstances contemplated in clause 8.1.2 Error! Reference source not found. on the strength of the information provided by the Service Provider to Transnet in terms of clause 9.519.5. 9.8 19.7. Notwithstanding any other reporting requirement in terms hereof, the Service Provider undertakes to provide any B-BBEE data (underlying data relating to the Service Provider which has been relied upon or utilised by a verification agency or auditor for the purposes of issuing a verification certificate in respect of the Service Provider B-B- BBEE status) which Transnet may request on written notice within 30 (thirty) calendar days of such request. A failure to provide such data shall constitute a Service Provider Default and may be dealt with in accordance with the provisions of the contract. 19.8. The Service Provider shall make payment of the Tax Invoice referred to in clause Error! Reference source not found. or the amended Tax Invoice referred to in clause Error! Reference source not found. within 10 (ten) Business Days of the receipt by the Service Provider of such Tax Invoice. In the event that the Service Provider fails to make payment of such Tax Invoice within the aforesaid period, Transnet shall, at its sole and absolute discretion, be entitled to: 19.8.1. levy interest on such overdue Tax Invoice at the Prime Rate from the due date for such payment until the actual date of payment in full; or 19.8.2. deduct the amount not paid by the Service Provider from the amount due to the Service Provider in the ensuing months. 19.9. Transnet shall not be liable to make payment of any Tax Invoices submitted by the Service Provider to Transnet during the period referred to in clause Error! Reference source not found. up to a maximum value of the aggregate of any Tax Invoices that are due and payable by the Service Provider to Transnet and which remain outstanding. 19.10. Should the Service Provider fail to make payment of the Tax Invoice contemplated in clause Error! Reference source not found. or the amended Tax Invoice contemplated in clause Error! Reference source not found. within the period stipulated in clause Error! Reference source not found., Transnet shall be entitled to lodge a claim against the Performance Guarantee in terms of the provisions of clause Error! Reference source not found..