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Heading heading heading
Date
TPT CE’s Procurement Imbizo
Governance
2nd November 2015
Contents
Contents
What does the Law expect
What does Transnet do
How Transnet buys goods and
services
2
Tender Process
Preference (BBBEE)
What does Transnet do?
3
 Transnet is an integrated Freight transport and logistics company
with 5 Operating divisions and a number of support businesses.
 We are the largest freight logistics company in Southern Africa.
 We deliver goods throughout South Africa, Africa and the world.
 Goods are transported through our ports and on rail and fuel
through our pipeline.
 > 66 000 employees
Legislation
 Transnet SOC Ltd (“Transnet”) is fully owned by the South African
government and operates as a corporate entity. It is aimed at
supporting and contributing to the country’s freight logistics network
by developing South African industry, reducing the cost of doing
business, ensuring efficient and profitable operations, whilst at the
same time promoting critical developmental objectives.
 Section 217 of the Constitution Act 108 of 1996 and section
51(1)(a)(iii) of the Public Finance Management Act 1 of 1999
(“PFMA”) stipulates that Transnet must have and maintain an
appropriate procurement and provisioning system which is fair,
equitable, transparent, competitive and cost-effective. Transnet’s
Procurement Policy and this Procurement Procedures Manual
(“PPM”) gives effect to these statutory requirements.
What does the law expect?
Transparent
 Process must be
open – nothing to
hide
Fair
 Everyone given
the same
oppor-tunity to
tender
 No favouritism
 Fair evaluation
of tenders
Competitive
 Promotion of
open and fair
competition
Cost –
effective
 Best value for
money must be
obtained
 Value for
money is not
the same as
cheapest price
All contracts for goods or services must be
procured in accordance with a system
which is
Examples of the effect of some laws on Transnet’s procurement?
 The tax affairs of a supplier MUST be in order before a state owned company may award
business to it;
 Preference must be allowed to B-BBEE enterprises in the procurement of
goods and services
 Proof must be provided of B-BBEE status
 Fronting is illegal
 A supplier who has an interest in a specific tender may request information
relating to the award of the tender.
 A tenderer must declare any interest they may have with a Transnet
employee when tendering for Transnet’s business.
 Misrepresentation may result in disqualification and even blacklisting.
 Corruption- Treasury List of Tender Defaulters
How does Transnet buy its Goods and Services ?
Mainly through the open tender system
 Advertisements
Low value items through the quotation method
 Fax quotes
 RFQ document
 Sometimes once-off delivery
 Sometimes contracts for a specific period or specific value or both (as
and when required)
Where are tenders advertised?
Transnet tenders are normally advertised in the following publications:
 National Treasury eTender
Publication Portal at
www.etenders.gov.za
 National Newspapers (e.g. Sowetan, Sunday Times, City Press, New Age,
etc.).
 OD Websites (some ODs display their tenders- moving towards a single
Transnet tender website).
 CIDB website –for engineering & construction tenders.
 Tender notice boards at Transnet offices.
Where can you collect Tenders?
 In accordance with National Treasury Instructions No: 1 of 2015/2016
Transnet must advertise and publish all its bids on the eTender Publication
Portal, this with effect form the 1st May 2015.
 Therefore Transnet bids can be obtained from the eTender Publication Portal:
www.etenders.gov.za
 For those who do not have access to internet, bid documents can still be
obtained at a relevant Transnet office where the bid is advertised.
 It is important to note that, the bids that are collected at Transnet offices will
attract costs, whilst the bids on the eTender Publication Portal are freely
available.
Tender evaluation process
Step 3 Step 4 Step 5
Administra-
tive respon-
siveness
Substantive
respon-
siveness
Minimum
Threshold
for Local
Content
Minimum
Threshold for
BBBEE/SD
Weighted
scoring / 100
Price/TCO
SD
B-BBEE s/c
& FRC
Returnable
documents/
schedules
Pre-
qualification
SD
B-BBEE
s/c &FRC
Technical /
functional
FINAL
WEIGHTED
SCORE
Minimum
Threshold for
functionality/
technical
Step 2Step 1 Step 6
PREQUALIFICATION STAGE 1 STAGE 2
Bid lodged
on time
Ret. Docs.
Ret sche-
dules
Missing docs
by ext.
deadline
Doc signed
Pre-qualifica-
tion criteria
met?
Priced offer
Crucial asp-
ects met
Material
compliance
with scope/
spec
Designated/
non
designated
sectors
May use
threshold in
normal
processes
Threshold must
be passed
BBBEE
Scorecard
FRC:
(0wnership,
Mgt control,
Empl. Equity,
ED, Pref.
Procurement
___________
SD
Sustainability,
Technology &
IP transfer
Skills develop-
ment, Job
creation
Small business
promotion
Adherence to
spec
Service levels
Quality
References
National
footprint
After sales
services
Continuous
improvement
etc.
Comparative
prices/ TCO
(value to
Transnet)
SD scores in
step 4,
transposed
B-BBEE
scorecard &
FRC scores
in step 4
transposed
29
The required returnable documents by bidders must be determined. There are two
categories of returnable documents :
Mandatory Documents:
 must be submitted by the closing date and time
 must be limited to critical documents that will be used to evaluate bidders e.g. Pricing
schedule
Essential Documents
 other required documents which may not result in automatic elimination if not
submitted e.g. Audited Financial Statements and the B-BBEE Improvement Plan
 NB: Failure to submit mandatory returnable documents at the closing date and time of
the bid WILL result in the bidder’s disqualification, and failure to submit essential
returnable documents MAY result in the bidder’s disqualification.
Administrative Responsiveness Test
Substantive Responsiveness Test
 Whether any pre-qualification criteria (Yes or No Questions) set by
Transnet, have been met:
 Technical/Functional
 Supplier Development
 Financial Stability
 Whether the Bid contains a priced offer as prescribed in the RFP
 Whether the Bid materially complies with the scope and/or
specification given
RFP Declaration & Breach of Law Form
In this section bidders are expected to declare that:
 All the questions they might have had and submitted to Transnet for clarity
have been answered to their satisfaction by Transnet.
 They have been afforded access to Transnet operational sites for them to
assess Transnet so that they will be in a better position to bid.
 They are satisfied with the bidding process and with the required
information as per RFP
 They have no family, business or social relationship with the employees,
Board members of Transnet or with any person who might be involved in
the evaluation process
 They have not been found guilty of breaching any law in the last five years
(company law for an example). This those not include minor offences such
as traffic offences.
Tax clearance requirements
 The tenderer must submit an original, valid tax clearance
certificate / letter of good tax standing.
 Transnet is not allowed to do business with a company
whose tax affairs are not in order.
Delivery period
 The tenderer must state the delivery period in words− whether
delivery will occur in calendar days, working days, weeks or
months.
22
What could disqualify a tender response
 Failure to attend compulsory site/clarification meeting.
 Unsigned tender documents.
 Tenders deposited after the closing time and date or at the
wrong address.
 Failure to submit returnable documents asked for e.g.
original valid tax clearance or B-BBEE certificate.
 Being blacklisted from doing business with Transnet or
Government.
 No CIDB registration for required grading for construction
tenders.
 Non-compliance with or contravening legislative provisions.
 Not signing a non-disclosure agreement where this was a
requirement.
 Not complying with material forms and conditions of tender.
 Not quoting a price.
 Misrepresentation of facts.
 Fraud and corruption.
 Failure to declare an interest.
 Other breaches of law. 30
Tips for successful tendering
Do your homework and start early
 Get a copy of the tender documents as soon as you can,
preferably on the day the tender is issued to the market.
(You can read a draft tender document before deciding to
buy the document.)
 Give yourself enough time to plan and prepare your
submission.
Review and understand the requirements
 Read the tender document carefully and thoroughly.
 Attend any scheduled briefing session and ask questions if
the information is unclear.
 If you need further help or clarification, ask the Transnet
contact person, mentioned in the tender document.
 Make sure you have all the requested accreditations and
documents.
 Read the contract terms and conditions and make sure you
can comply.
31
Study the evaluation criteria and respond as requested in the
RFP
 Note any weighting placed on each of them (i.e. how big a role does
each criterion play in the final evaluation).
 Satisfy each of the criteria as best you can.
 Work out the budget and resources required to do the work.
 Do not under-quote as you will not be allowed to increase your price
once the tender is awarded. The contract may be cancelled and you
and your company may be blacklisted for under-performance.
 Give a breakdown of your price/cost.
Tips for successful tendering contd…
32
Tips for successful tendering contd…
Check your tender response for completeness and accuracy
 Make sure you include all the requirements and specifications for goods and
services to be supplied.
 Be 100% sure that you will be able to deliver as tendered.
 Inform Transnet how you will meet the requirements.
 Check for arithmetical errors in your tender price or other calculations.
 Include details of the relevant experience you have in relation to the
proposed contract.
 Indicate who can give reference for your work/performance on previous
contracts.
 Attach all returnable documents.
Tips for successful tendering contd…
Check the closing date, time and place for delivering the bid
 Late tenders and tenders delivered to an incorrect address will not be
considered.
 Make sure you have enough time to prepare and submit your tender.
 Submit the tender in the right place/tender box.
 Make sure the document is completed in full and that all the pages
 have been signed/initialled.
 Don’t wait until the last minute to deliver/submit your documents.
 Do not submit more than one tender in the same envelope.
Common Challenges
 Incorrect or incomplete completion of tender documents;
 Failure to read and understand what is required and seek clarity when unsure;
 Failure to ask relevant information during briefing sessions;
 Failure to return mandatory documents on or before the closing date;
 Failure to submit essential documents on or before the closing date, even when
requested to submit within a reasonable time after the closing date;
 Failure to correctly fill in the required information on the pricing schedule;
 NB: the Bid document always has a schedule of Mandatory Returnable Documents
and Essential Returnable Documents.
Fraud and Corruption
 Transnet insists on honesty, integrity and acting beyond reproach at all
times and will not tolerate any form of improper influencing, bribery,
corruption, fraud or any other unethical conduct on the part of Bidders /
Transnet employees.
 If Transnet has determined that a Bidder / contractor / supplier has or
has caused to be promised, offered or given to any Transnet employee,
any bribe, commission, or any unauthorized gift, loan, advantage or
other consideration, Transnet shall be entitled to revoke the bid /
contract by following the process that governs the Exclusion of Bidders
 Transnet will be entitled to place any Bidder / contractor / supplier who
has contravened the provisions of Transnet’s business ethics on its List of
Excluded Bidders.
 Bid documents contain a clause indicating that any suspected fraud,
corruption or other unethical activities should be reported to Transnet
Tip-offs Anonymous at any of the following addresses and contact
numbers. Confidentiality is guaranteed at all times.
Toll-free anonymous hotline : 0800 003 056
Email : Transnet@tip-offs.com
Fax number : 0800 007 788
Procurement Ombudsman
 Independent and provides Bidders and Transnet with a fair, objective
and expeditious dispute resolution process.
 As a general rule, the Ombudsman will only consider complaints
pertaining to bids valued at R5 million and above.
 Complaints involving bids below R5m must be sent to the General
Manager of the relevant Transnet Division for review.
 In most instances the Ombudsman will conduct the investigation without
the need for a formal, oral hearing. However, in highly exceptional
circumstances, the Ombudsman may in his sole discretion conduct an
oral hearing if it would assist with the resolution of the matter.
 The Ombudsman has the power to conduct a full investigation of a
complaint and to make appropriate recommendations regarding the
appropriate remedial measures to be undertaken.
Details of Ombudsman are: procurement.ombud@transnet.net
Thank you

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As a supplier, know tpt's governance

  • 1. Click to edit Master title style Heading heading heading Date TPT CE’s Procurement Imbizo Governance 2nd November 2015
  • 2. Contents Contents What does the Law expect What does Transnet do How Transnet buys goods and services 2 Tender Process Preference (BBBEE)
  • 3. What does Transnet do? 3  Transnet is an integrated Freight transport and logistics company with 5 Operating divisions and a number of support businesses.  We are the largest freight logistics company in Southern Africa.  We deliver goods throughout South Africa, Africa and the world.  Goods are transported through our ports and on rail and fuel through our pipeline.  > 66 000 employees
  • 4. Legislation  Transnet SOC Ltd (“Transnet”) is fully owned by the South African government and operates as a corporate entity. It is aimed at supporting and contributing to the country’s freight logistics network by developing South African industry, reducing the cost of doing business, ensuring efficient and profitable operations, whilst at the same time promoting critical developmental objectives.  Section 217 of the Constitution Act 108 of 1996 and section 51(1)(a)(iii) of the Public Finance Management Act 1 of 1999 (“PFMA”) stipulates that Transnet must have and maintain an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost-effective. Transnet’s Procurement Policy and this Procurement Procedures Manual (“PPM”) gives effect to these statutory requirements.
  • 5. What does the law expect? Transparent  Process must be open – nothing to hide Fair  Everyone given the same oppor-tunity to tender  No favouritism  Fair evaluation of tenders Competitive  Promotion of open and fair competition Cost – effective  Best value for money must be obtained  Value for money is not the same as cheapest price All contracts for goods or services must be procured in accordance with a system which is
  • 6. Examples of the effect of some laws on Transnet’s procurement?  The tax affairs of a supplier MUST be in order before a state owned company may award business to it;  Preference must be allowed to B-BBEE enterprises in the procurement of goods and services  Proof must be provided of B-BBEE status  Fronting is illegal  A supplier who has an interest in a specific tender may request information relating to the award of the tender.  A tenderer must declare any interest they may have with a Transnet employee when tendering for Transnet’s business.  Misrepresentation may result in disqualification and even blacklisting.  Corruption- Treasury List of Tender Defaulters
  • 7. How does Transnet buy its Goods and Services ? Mainly through the open tender system  Advertisements Low value items through the quotation method  Fax quotes  RFQ document  Sometimes once-off delivery  Sometimes contracts for a specific period or specific value or both (as and when required)
  • 8. Where are tenders advertised? Transnet tenders are normally advertised in the following publications:  National Treasury eTender Publication Portal at www.etenders.gov.za  National Newspapers (e.g. Sowetan, Sunday Times, City Press, New Age, etc.).  OD Websites (some ODs display their tenders- moving towards a single Transnet tender website).  CIDB website –for engineering & construction tenders.  Tender notice boards at Transnet offices.
  • 9. Where can you collect Tenders?  In accordance with National Treasury Instructions No: 1 of 2015/2016 Transnet must advertise and publish all its bids on the eTender Publication Portal, this with effect form the 1st May 2015.  Therefore Transnet bids can be obtained from the eTender Publication Portal: www.etenders.gov.za  For those who do not have access to internet, bid documents can still be obtained at a relevant Transnet office where the bid is advertised.  It is important to note that, the bids that are collected at Transnet offices will attract costs, whilst the bids on the eTender Publication Portal are freely available.
  • 10. Tender evaluation process Step 3 Step 4 Step 5 Administra- tive respon- siveness Substantive respon- siveness Minimum Threshold for Local Content Minimum Threshold for BBBEE/SD Weighted scoring / 100 Price/TCO SD B-BBEE s/c & FRC Returnable documents/ schedules Pre- qualification SD B-BBEE s/c &FRC Technical / functional FINAL WEIGHTED SCORE Minimum Threshold for functionality/ technical Step 2Step 1 Step 6 PREQUALIFICATION STAGE 1 STAGE 2 Bid lodged on time Ret. Docs. Ret sche- dules Missing docs by ext. deadline Doc signed Pre-qualifica- tion criteria met? Priced offer Crucial asp- ects met Material compliance with scope/ spec Designated/ non designated sectors May use threshold in normal processes Threshold must be passed BBBEE Scorecard FRC: (0wnership, Mgt control, Empl. Equity, ED, Pref. Procurement ___________ SD Sustainability, Technology & IP transfer Skills develop- ment, Job creation Small business promotion Adherence to spec Service levels Quality References National footprint After sales services Continuous improvement etc. Comparative prices/ TCO (value to Transnet) SD scores in step 4, transposed B-BBEE scorecard & FRC scores in step 4 transposed 29
  • 11. The required returnable documents by bidders must be determined. There are two categories of returnable documents : Mandatory Documents:  must be submitted by the closing date and time  must be limited to critical documents that will be used to evaluate bidders e.g. Pricing schedule Essential Documents  other required documents which may not result in automatic elimination if not submitted e.g. Audited Financial Statements and the B-BBEE Improvement Plan  NB: Failure to submit mandatory returnable documents at the closing date and time of the bid WILL result in the bidder’s disqualification, and failure to submit essential returnable documents MAY result in the bidder’s disqualification. Administrative Responsiveness Test
  • 12. Substantive Responsiveness Test  Whether any pre-qualification criteria (Yes or No Questions) set by Transnet, have been met:  Technical/Functional  Supplier Development  Financial Stability  Whether the Bid contains a priced offer as prescribed in the RFP  Whether the Bid materially complies with the scope and/or specification given
  • 13. RFP Declaration & Breach of Law Form In this section bidders are expected to declare that:  All the questions they might have had and submitted to Transnet for clarity have been answered to their satisfaction by Transnet.  They have been afforded access to Transnet operational sites for them to assess Transnet so that they will be in a better position to bid.  They are satisfied with the bidding process and with the required information as per RFP  They have no family, business or social relationship with the employees, Board members of Transnet or with any person who might be involved in the evaluation process  They have not been found guilty of breaching any law in the last five years (company law for an example). This those not include minor offences such as traffic offences.
  • 14. Tax clearance requirements  The tenderer must submit an original, valid tax clearance certificate / letter of good tax standing.  Transnet is not allowed to do business with a company whose tax affairs are not in order. Delivery period  The tenderer must state the delivery period in words− whether delivery will occur in calendar days, working days, weeks or months. 22
  • 15. What could disqualify a tender response  Failure to attend compulsory site/clarification meeting.  Unsigned tender documents.  Tenders deposited after the closing time and date or at the wrong address.  Failure to submit returnable documents asked for e.g. original valid tax clearance or B-BBEE certificate.  Being blacklisted from doing business with Transnet or Government.  No CIDB registration for required grading for construction tenders.  Non-compliance with or contravening legislative provisions.  Not signing a non-disclosure agreement where this was a requirement.  Not complying with material forms and conditions of tender.  Not quoting a price.  Misrepresentation of facts.  Fraud and corruption.  Failure to declare an interest.  Other breaches of law. 30
  • 16. Tips for successful tendering Do your homework and start early  Get a copy of the tender documents as soon as you can, preferably on the day the tender is issued to the market. (You can read a draft tender document before deciding to buy the document.)  Give yourself enough time to plan and prepare your submission. Review and understand the requirements  Read the tender document carefully and thoroughly.  Attend any scheduled briefing session and ask questions if the information is unclear.  If you need further help or clarification, ask the Transnet contact person, mentioned in the tender document.  Make sure you have all the requested accreditations and documents.  Read the contract terms and conditions and make sure you can comply. 31
  • 17. Study the evaluation criteria and respond as requested in the RFP  Note any weighting placed on each of them (i.e. how big a role does each criterion play in the final evaluation).  Satisfy each of the criteria as best you can.  Work out the budget and resources required to do the work.  Do not under-quote as you will not be allowed to increase your price once the tender is awarded. The contract may be cancelled and you and your company may be blacklisted for under-performance.  Give a breakdown of your price/cost. Tips for successful tendering contd… 32
  • 18. Tips for successful tendering contd… Check your tender response for completeness and accuracy  Make sure you include all the requirements and specifications for goods and services to be supplied.  Be 100% sure that you will be able to deliver as tendered.  Inform Transnet how you will meet the requirements.  Check for arithmetical errors in your tender price or other calculations.  Include details of the relevant experience you have in relation to the proposed contract.  Indicate who can give reference for your work/performance on previous contracts.  Attach all returnable documents.
  • 19. Tips for successful tendering contd… Check the closing date, time and place for delivering the bid  Late tenders and tenders delivered to an incorrect address will not be considered.  Make sure you have enough time to prepare and submit your tender.  Submit the tender in the right place/tender box.  Make sure the document is completed in full and that all the pages  have been signed/initialled.  Don’t wait until the last minute to deliver/submit your documents.  Do not submit more than one tender in the same envelope.
  • 20. Common Challenges  Incorrect or incomplete completion of tender documents;  Failure to read and understand what is required and seek clarity when unsure;  Failure to ask relevant information during briefing sessions;  Failure to return mandatory documents on or before the closing date;  Failure to submit essential documents on or before the closing date, even when requested to submit within a reasonable time after the closing date;  Failure to correctly fill in the required information on the pricing schedule;  NB: the Bid document always has a schedule of Mandatory Returnable Documents and Essential Returnable Documents.
  • 21. Fraud and Corruption  Transnet insists on honesty, integrity and acting beyond reproach at all times and will not tolerate any form of improper influencing, bribery, corruption, fraud or any other unethical conduct on the part of Bidders / Transnet employees.  If Transnet has determined that a Bidder / contractor / supplier has or has caused to be promised, offered or given to any Transnet employee, any bribe, commission, or any unauthorized gift, loan, advantage or other consideration, Transnet shall be entitled to revoke the bid / contract by following the process that governs the Exclusion of Bidders  Transnet will be entitled to place any Bidder / contractor / supplier who has contravened the provisions of Transnet’s business ethics on its List of Excluded Bidders.  Bid documents contain a clause indicating that any suspected fraud, corruption or other unethical activities should be reported to Transnet Tip-offs Anonymous at any of the following addresses and contact numbers. Confidentiality is guaranteed at all times. Toll-free anonymous hotline : 0800 003 056 Email : Transnet@tip-offs.com Fax number : 0800 007 788
  • 22. Procurement Ombudsman  Independent and provides Bidders and Transnet with a fair, objective and expeditious dispute resolution process.  As a general rule, the Ombudsman will only consider complaints pertaining to bids valued at R5 million and above.  Complaints involving bids below R5m must be sent to the General Manager of the relevant Transnet Division for review.  In most instances the Ombudsman will conduct the investigation without the need for a formal, oral hearing. However, in highly exceptional circumstances, the Ombudsman may in his sole discretion conduct an oral hearing if it would assist with the resolution of the matter.  The Ombudsman has the power to conduct a full investigation of a complaint and to make appropriate recommendations regarding the appropriate remedial measures to be undertaken. Details of Ombudsman are: procurement.ombud@transnet.net