Common use of DATABASE OF RESTRICTED SUPPLIERS Clause in Contracts

DATABASE OF RESTRICTED SUPPLIERS. 34.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 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 34.4 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. 34.5 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. 34.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 33.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 33.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 33.3 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 34.4 33.4 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. 34.5 33.5 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. 34.6 33.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 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. 34.4 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. 34.5 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. 34.6 6.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 32.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 32.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 32.3 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 34.4 32.4 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. 34.5 32.5 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. 34.6 32.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 6.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 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. 34.4 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. 34.5 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. 34.6 6.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company. 6.7 Grounds for restriction include: If any person/Enterprise which has submitted a Bid, concluded a contract, or, in the capacity of agent or subcontractor, has been associated with such Bid or contract: a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the receipt of Bids; b) has, after being notified of the acceptance of his Bid, failed or refused to sign a contract when called upon to do so in terms of any condition forming part of the bid documents; c) has carried out any contract resulting from such bid 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) has submitted false information regarding any other matter required in terms of the Preferential Procurement Regulations, 2017 issued in terms of the Preferential Procurement Policy Framework Act which will affect the evaluation of a Bid or where a Bidder has failed to declare any subcontracting arrangements; h) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements and which could not be recovered from the contractor; i) has litigated against Transnet in bad faith.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 31.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 31.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 31.3 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 34.4 31.4 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. 34.5 31.5 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. 34.6 31.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 35.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 35.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 35.3 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 34.4 35.4 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. 34.5 35.5 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. 34.6 35.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 32.1 The process of restriction is used to exclude a company/person from conducting future business with Transnet TNPA and other organs of state for a specified period. No Bid shall be awarded to a Bidder 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 TNPA reserves the right to withdraw an award, or cancel a contract concluded with a Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 32.2 All the stipulations on TransnetTNPA’s restriction process as laid down in TransnetTNPA’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 32.3 On completion of the restriction procedure, Transnet TNPA 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 34.4 32.4 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. 34.5 32.5 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 TNPA may decide to terminate some or all existing contracts with the company/person as well. 34.6 32.6 A supplier or contractor to Transnet TNPA may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 Z3.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 Z3.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 Z3.3 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 34.4 Z3.4 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. 34.5 Z3.5 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. 34.6 Z3.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 14.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 14.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 14.3 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 34.4 14.4 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. 34.5 14.5 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. 34.6 14.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.

DATABASE OF RESTRICTED SUPPLIERS. 34.1 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 Bid shall be awarded to a Bidder 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 Bidder should it be established, at any time, that a bidder has been restricted with National Treasury by another government institution. 34.2 All the stipulations on Transnet’s restriction process as laid down in Transnet’s Supply Chain Policy and Procurement Procedures Manual are included herein by way of reference. Below follows a condensed summary of this restriction procedure. 34.3 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 34.4 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. 34.5 Depending on the seriousness of the misconduct and the strategic importance of the Goodsgoods/Servicesservices, 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. 34.6 A supplier or contractor to Transnet may not subcontract any portion of the contract to a restricted company.