ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

NEC3 Supply Contract (SC3)

Between ESKOM HOLDINGS SOC Ltd
(Reg No. 2002/015527/30)
and [Insert at award stage]
(Reg No. ___________ )
for The Supply & Delivery of Drop-side Load Bodies for
Trucks for a period of 36 months on “an as when
required” basis within Gauteng Cluster.

Contents:

No of
pages

Part C1 Agreements & Contract Data

18

Part C2 Pricing Data

4

Part C3 Scope of Work

13

CONTRACT No. [

DOCUMENT C2.1
DATA

]

PAGE - 1 -

PRICING

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

PART C1:

AGREEMENTS & CONTRACT DATA

Contents:

No of
pages

C1.1 Form of Offer and Acceptance

3

[to be inserted from Returnable Documents at award
stage]

C1.2a Contract Data provided by the Purchaser

14

C1.2b Contract Data provided by the Supplier

1

[to be inserted from Returnable Documents at award
stage]

PART C2: PRICING DATA

PAGE - 2 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C1.1 Form of Offer & Acceptance
Offer
The Purchaser, identified in the Acceptance signature block, has solicited offers to enter into a contract for the
procurement of:

The Supply & Delivery of Drop-side Load Bodies for Trucks for a period of 36
months on “an as when required” basis within Gauteng Cluster.
The tenderer, identified in the Offer signature block, has
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 Supplier 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.

The offered total of the Prices exclusive of VAT is

Rate Only

Value Added Tax @ 15% is
The offered total of the amount due inclusive of VAT is1

Rate Only

(in words) Rates Only Total of which is the Total Value of Purchase Orders Issued

This Offer may be accepted by the Purchaser 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 Supplier in the conditions of contract identified in
the Contract Data.
Signature(s)
Name(s)
Capacity
For the
tenderer:
(Insert name and address of organisation)

Name &
signature of
witness

Date

1

This total is required by the Purchaser for budgeting purposes only. Actual amounts due will be assessed
in terms of the conditions of contract.

PART C2: PRICING DATA

PAGE - 3 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Acceptance
By signing this part of this Form of Offer and Acceptance, the Purchaser identified below accepts the tenderer’s
Offer. In consideration thereof, the Purchaser shall pay the Supplier 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 Purchaser and the tenderer upon the terms and conditions contained in this agreement
and in the contract that is the subject of this agreement.
The terms of the contract, are contained in:
Part C1

Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2

Pricing Data

Part C3

Scope of Work: Goods Information including Supply Requirements

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
Purchaser 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 Purchaser’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 when the tenderer
receives one fully completed and signed original copy of this document, including the Schedule of Deviations
(if any).

Signature(s)
Name(s)
Capacity
for the
Purchaser

Eskom Holdings SOC Ltd, Megawatt Park, Maxwell Drive, Sandton, Johannesburg,
2199
(Insert name and address of organisation)

Name &
signature of
witness

Date

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and
Acceptance.

PART C2: PRICING DATA

PAGE - 4 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Schedule of Deviations to be completed by the Purchaser prior to contract award
Note:
1.
2.
3.

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.
The extent of deviations from the tender documents issued by the Purchaser prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
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.

No.

Subject

Details

1

[●]

[●]

2

[●]

[●]

3

[●]

[●]

4

[●]

[●]

5

[●]

[●]

6

[●]

[●]

7

[●]

[●]

By the duly authorised representatives signing this Schedule of Deviations below, the Purchaser 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 Purchaser 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.

For the tenderer:

For the Purchaser

(Insert name and address of organisation)

Eskom Holdings SOC Ltd, Megawatt
Park, Maxwell Drive, Sandton,
Johannesburg, 2199

Signature
Name
Capacity
On behalf
of
Name &
signature
of witness
Date

PART C2: PRICING DATA

PAGE - 5 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C1.2 SC3 Contract Data
Part one - Data provided by the Purchaser
Clause

Statement

1

General

Data

The conditions of contract are the core
clauses and the clauses for Options

of the NEC3 Supply Contract (April 2013)
10.1

Price adjustment for inflation

X2

Changes in the law

X7:

Delay damages

Z:

Additional conditions of contract

(If the December 2009 edition is to be used delete April 2013
and replace by December 2013)

The Purchaser is (name):

Eskom Holdings SOC Ltd (reg no:
2002/015527/30), a state owned company
incorporated in terms of the company laws of
the Republic of South Africa

Address

Registered office at Megawatt Park, Maxwell
Drive, Sandton, Johannesburg

Tel No.

011 800 3000

Fax No.

[●]

The Supply Manager is (name):

TBC

Address

Registered office at Megawatt Park, Maxwell
Drive, Sandton, Johannesburg

Tel

[●]

Fax

[●]

e-mail

[●]

11.2(13)

The goods are

SUPPLY OF DROP-SIDE LOAD BODIES FOR
TRUCKS

11.2(13)

The services are

DELIVERY OF DROP-SIDE LOAD BODIES FOR
TRUCKS

11.2(14)

The following matters will be included in
the Risk Register

10.1

11.2(15)

2

2

X1:

The Goods Information is in

None
Part 3: Scope of Work and all documents and
drawings to which it makes reference.

Available from Engineering Contract Strategies Tel 011 803 3008 Fax 086 539 1902, www.ecs.co.za.

PART C2: PRICING DATA

PAGE - 6 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

11.2(15)

The Supply Requirements as part of the
Goods Information is in

Annexure A to this Contract Data

12.2

The law of the contract is the law of

the Republic of South Africa

13.1

The language of this contract is

English

13.3

The period for reply is

1 week

2

The Supplier’s main
responsibilities

Data required by this section of the core
clauses is provided by the Supplier in Part 2
and terms in italics used in this section are
identified elsewhere in this Contract Data.

3

Time

30.1

The starting date is.

TBC

30.1

The delivery date of the goods and
services is:

goods and services
1

30.2

The Supplier does not bring the goods to
the Delivery Place more than one week
before the Delivery Date.

31.1

The Supplier is to submit a first
programme for acceptance within

32.2

As stipulated in each
purchase order

No data required

4 Days upon receiving a Purchase Order, per
Purchase Order

The Supplier submits revised programmes
at intervals no longer than

30 Days. Where delivery will exceed a 30-day
period.

4

Testing and defects

42

The defects date is

To be provided by the supplier

43.2

The defect correction period is

To be provided by the supplier

except that the defect correction period for

Not applicable

and the defect correction period for

Not applicable

The defects access period is

5 days

except that the defect access period for

Not applicable

and the defect access period for

Not applicable

42.2

delivery date

5

Payment

50.1

The assessment interval is

After collection of each batch dispatched for
delivery related to the relevant purchase order.

51.1

The currency of this contract is the

South African Rand

51.2

The period within which payments are
made is

PART C2: PRICING DATA

30 Days after date of submitting a tax
compliant invoice which has a valid Goods
Receipt Number linked to the Purchase Order
to Eskom Financial Shared Services

PAGE - 7 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

51.4

The interest rate is

the publicly quoted prime rate of interest
(calculated on a 365 day year) charged from
time to time by the Standard Bank of South
Africa Limited (as certified, in the event of any
dispute, by any manager of such bank, whose
appointment it shall not be necessary to prove)
for amounts due in Rands.

6

Compensation events

There is no reference to Contract Data in this
section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.

7

Title

There is no reference to Contract Data in this
section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.

8

Risks, liabilities, indemnities and
insurance

80.1

These are additional Purchaser’s risks

1. Late deliveries

88.1

The Supplier’s liability to the Purchaser for
indirect or consequential loss, including
loss of profit, revenue and goodwill is
limited to

Total of prices based on total value of
Purchase Order issued.

88.2

For any one event, the Supplier’s liability
to the Purchaser for loss of or damage to
the Purchaser’s property is limited to

(The amount of total deductibles relevant to the
event as per the Eskom Annual Construction
All Risk Insurance Policy Annexure B and
Eskom Fleet Insurance Annexure C

88.3

The Supplier’s liability for Defects due to his
design which are not notified before the last
defects date is limited to:

Total of prices based on total value of
Purchase Order issued.

88.4

The Supplier’s total liability to the
Purchaser, for all matters arising under or
in connection with this contract, other than
the excluded matters, is limited to

Total of prices based on total value of
Purchase Order issued.

88.5

The end of liability date is

1 year after Delivery of the whole of the goods
and services.

9

Termination and dispute
resolution

94.1

The Adjudicator is

PART C2: PRICING DATA

the person selected from the ICE-SA Division
(or its successor body) of the South African
Institution of Civil Engineering Panel of
Adjudicators by the Party intending to refer a
dispute to him. (see www.ice-sa.org.za). If the
Parties do not agree on an Adjudicator the
Adjudicator will be appointed by the Arbitration
Foundation of Southern Africa (AFSA).

PAGE - 8 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

94.2(3)

The Adjudicator nominating body is:

the Chairman of ICE-SA, a Division of the
South African Institution of Civil Engineering,
or its successor body (See www.ice-sa.org.za)

94.4(2)

The tribunal is:

arbitration

94.4(5)

The arbitration procedure is

the latest edition of Rules for the Conduct of
Arbitrations published by The Association of
Arbitrators (Southern Africa) or its successor
body.

94.4(5)

The place where arbitration is to be held is

Gauteng, South Africa

The person or organisation who will
choose an arbitrator
if the Parties cannot agree a choice or
if the arbitration procedure does not
state who selects an arbitrator, is

the Chairman for the time being or his nominee
of the Association of Arbitrators (Southern
Africa) or its successor body.

10

Data for Option clauses

X1

Price adjustment for inflation

X1.1

The base date for indices is

TBC

The proportions used to calculate the
Price Adjustment Factor are:

proport linked to index
ion
for

Index prepared by

0.85

D2 - CPI

SEIFSA

0.15

non-adjustable

1.00
X2

Changes in the law

X2.1

A change in the law of

South Africa is a compensation event if it
occurs after the Contract Date

X4

Parent company guarantee

There is no reference to Contract Data in this
Option and terms in italics are identified
elsewhere in this Contract Data.

X7

Delay damages

X7.1

Delay damages for Delivery are

Z

The additional conditions of contract
are

PART C2: PRICING DATA

Delivery of

amount per day

Delivery lead time

0.5% Per week,
capped at 10% of each
order value calculated
on the value of the
delayed portion

Z1 to Z15 always apply for Eskom

PAGE - 9 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Z1

Cession delegation and assignment
Z1.1 The Supplier does not cede, delegate or assign any of its rights or obligations to any person
without the written consent of the Purchaser.
Z1.2 Notwithstanding the above, the Purchaser may on written notice to the Supplier cede and
delegate its rights and obligations under this contract to any of its subsidiaries or any of its
present divisions or operations which may be converted into separate legal entities as a result
of the restructuring of the Electricity Supply Industry.

Z2

Joint ventures
Z2.1 If the Supplier constitutes a joint venture, consortium or other unincorporated grouping of two or
more persons or organisations then these persons or organisations are deemed to be jointly
and severally liable to the Purchaser for the performance of this contract.
Z2.2 Unless already notified to the Purchaser, the persons or organisations notify the Supply
Manager within two weeks of the Contract Date of the key person who has the authority to bind
the Supplier on their behalf.
Z2.3 The Supplier does not alter the composition of the joint venture, consortium or other
unincorporated grouping of two or more persons without the consent of the Purchaser having
been given to the Supplier in writing.

Z3

Change of Broad Based Black Economic Empowerment (B-BBEE) status
Z3.1 Where a change in the Supplier’s legal status, ownership or any other change to his business
composition or business dealings results in a change to the Supplier’s B-BBEE status, the
Supplier notifies the Purchaser within seven days of the change.
Z3.2 The Supplier is required to submit an updated verification certificate and necessary supporting
documentation confirming the change in his B-BBEE status to the Supply Manager within thirty
days of the notification or as otherwise instructed by the Supply Manager.
Z3.3 Where, as a result, the Supplier’s B-BBEE status has decreased since the Contract Date the
Purchaser may either re-negotiate this contract or alternatively, terminate the Supplier’s
obligation to Provide the Goods and Services.
Z3.4 Failure by the Supplier to notify the Purchaser of a change in its B-BBEE status may constitute
a reason for termination. If the Purchaser terminates in terms of this clause, the procedures on
termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1 and A3 as
stated in clause 93.

Z4

Confidentiality
Z4.1 The Supplier does not disclose or make any information arising from or in connection with this
contract available to Others. This undertaking does not, however, apply to information which at
the time of disclosure or thereafter, without default on the part of the Supplier, enters the public
domain or to information which was already in the possession of the Supplier at the time of
disclosure (evidenced by written records in existence at that time). Should the Supplier
disclose information to Others in terms of clause 23.1, the Supplier ensures that the provisions
of this clause are complied with by the recipient.
Z4.2 If the Supplier is uncertain about whether any such information is confidential, it is to be
regarded as such until notified otherwise by the Supply Manager.
Z4.3 In the event that the Supplier is, at any time, required by law to disclose any such information
which is required to be kept confidential, the Supplier, to the extent permitted by law prior to

PART C2: PRICING DATA

PAGE - 10 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

disclosure, notifies the Purchaser so that an appropriate protection order and/or any other
action can be taken if possible, prior to any disclosure. In the event that such protective order is
not, or cannot, be obtained, then the Supplier may disclose that portion of the information which
it is required to be disclosed by law and uses reasonable efforts to obtain assurances that
confidential treatment will be afforded to the information so disclosed.
Z4.4 The taking of images (whether photographs, video footage or otherwise) of the goods or any
portion thereof, in the course of Providing the Goods and Services and after Delivery, requires
the prior written consent of the Supply Manager. All rights in and to all such images vests
exclusively in the Purchaser.
Z4.5 The Supplier ensures that all his subcontractors abide by the undertakings in this clause.

Z5

Waiver and estoppel: Add to core clause 12.3:
Z5.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the
Parties, the Supply Manager or the Adjudicator does not constitute a waiver of rights, and does
not give rise to an estoppel unless the Parties agree otherwise and confirm such agreement in
writing.

Z6

Health, safety and the environment: Add to core clause 25.4
Z6.1 The Supplier undertakes to take all reasonable precautions to maintain the health and safety of
persons in and about the provision of the goods and execution of the services.
Without limitation the Supplier:
•

•

warrants that the total of the Prices as at the Contract Date includes a sufficient amount for
proper compliance with all applicable health & safety laws and regulations and the health
and safety rules, guidelines and procedures provided for in this contract and generally for
the proper maintenance of health & safety in and about the execution of supply and
undertakes, in and about the execution of the supply, to comply with all applicable health &
safety laws and regulations and rules, guidelines and procedures otherwise provided for
under this contract and ensures that his Subcontractors, employees and others under the
Supplier’s direction and control, likewise observe and comply with the foregoing.

Z6.2 The Supplier, in and about the execution of the supply, complies with all applicable environmental
laws and regulations and rules, guidelines and procedures otherwise provided for under this
contract and ensures that his Subcontractors, employees and others under the Supplier’s
direction and control, likewise observe and comply with the foregoing.

Z7

Provision of a Tax Invoice and interest. Add to core clause 51
Z7.1 Within one week of receiving a payment certificate from the Supply Manager in terms of core
clause 51.1, the Supplier provides the Purchaser with a tax invoice in accordance with the
Purchaser's procedures stated in the Goods Information, showing the amount due for payment
equal to that stated in the payment certificate.
Z7.2 If the Supplier does not provide a tax invoice in the form and by the time required by this
contract, the time by when the Purchaser is to make a payment is extended by a period equal in
time to the delayed submission of the correct tax invoice. Interest due by the Purchaser in
terms of core clause 51.2 is then calculated from the delayed date by when payment is to be
made.
Z7.3 The Supplier (if registered in South Africa in terms of the companies Act) is required to comply
with the requirements of the Value Added Tax Act, no 89 of 1991 (as amended) and to include
the Purchaser’s VAT number 4740101508 on each invoice he submits for payment.

PART C2: PRICING DATA

PAGE - 11 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Z8

Notifying compensation events
Z8.1 Delete from the last sentence in core clause 61.3 the words, “unless the event arises from the
Supply Manager giving an instruction, changing an earlier decision or correcting an
assumption”.

Z9

Purchaser’s limitation of liability
Z9.1 The Purchaser’s liability to the Supplier for the Supplier’s indirect or consequential loss is
limited to R0.00 (zero Rand)
Z9.2 The Supplier’s entitlement under the indemnity in 83.1 is provided for in 60.1(12) and the
Purchaser’s liability under the indemnity is limited.

Termination: Add to core clause 91.1, at the second main bullet point, fourth sub-bullet
point, after the words "against it":

Z10
Z10.1

or had a business rescue order granted against it.

Z11

Addition to secondary Option X7 Delay damages (if applicable in this contract)
Z11.1 If the amount due for the Supplier’s payment of delay damages reaches the limits stated in this
Contract Data for Option X7, the Purchaser may terminate the Supplier’s obligation to Provide
the Goods and Services using the same procedures and payment on termination as those
applied for reasons R1 to R15 or R18 stated in the Termination Table.

Z12

Ethics

For the purposes of this Z-clause, the following definitions apply:
Affected Party

means, as the context requires, any party, irrespective of whether it is the Supplier or
a third party, such party’s employees, agents, or Subcontractors or Subcontractor’s
employees, or any one or more of all of these parties’ relatives or friends,

Coercive
Action

means to harm or threaten to harm, directly or indirectly, an Affected Party or the
property of an Affected Party, or to otherwise influence or attempt to influence an
Affected Party to act unlawfully or illegally,

Collusive
Action

means where two or more parties co-operate to achieve an unlawful or illegal
purpose, including to influence an Affected Party to act unlawfully or illegally,

Committing
Party

means, as the context requires, the Supplier, or any member thereof in the case of a
joint venture, or its employees, agents, or Subcontractors or the Subcontractor’s
employees,

Corrupt Action

means the offering, giving, taking, or soliciting, directly or indirectly, of a good or
service to unlawfully or illegally influence the actions of an Affected Party,

Fraudulent
Action

means any unlawfully or illegally intentional act or omission that misleads, or attempts
to mislead, an Affected Party, in order to obtain a financial or other benefit or to avoid
an obligation or incurring an obligation,

Obstructive
Action

means a Committing Party unlawfully or illegally destroying, falsifying, altering or
concealing information or making false statements to materially impede an
investigation into allegations of Prohibited Action, and

PART C2: PRICING DATA

PAGE - 12 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Prohibited
Action

means any one or more of a Coercive Action, Collusive Action Corrupt Action,
Fraudulent Action or Obstructive Action.

Z12.1 A Committing Party may not take any Prohibited Action during the course of the procurement
of this contract or in execution thereof.
Z12.2 The Purchaser may terminate the Supplier’s obligation to Provide the Services if a Committing
Party has taken such Prohibited Action and the Supplier did not take timely and appropriate
action to prevent or remedy the situation, without limiting any other rights or remedies the
Purchaser has. It is not required that the Committing Party had to have been found guilty, in
court or in any other similar process, of such Prohibited Action before the Purchaser can
terminate the Supplier’s obligation to Provide the Services for this reason.
Z12.3 If the Purchaser terminates the Supplier’s obligation to Provide the Services for this reason,
the amounts due on termination are those intended in core clauses 92.1 and 92.2.
Z12.4 A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited
Action. Where the Purchaser does not have a contractual bond with the Committing Party, the
Supplier ensures that the Committing Party co-operates fully with an investigation.

Z13 Insurance
Z __13.1

Replace core clause 84 with the following:

Insurance cover

84
84.1

84.2

PART C2: PRICING DATA

When requested by a Party, the other Party provides certificates from
his insurer or broker stating that the insurances required by this
contract are in force.
The Supplier provides the insurances stated in the Insurance Table A
for events which are at the Supplier’s risk from the starting date until
the last defects date or a termination certificate has been issued.

PAGE - 13 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Insurance against
Loss of or damage to the
goods, plant and materials

Liability for loss of or
damage to property
(except the goods, plant
and materials and
equipment) and liability for
bodily injury to or death of
a person (not an employee
of the Supplier) caused by
activity in connection with
this contract

Liability for death of or
bodily injury to employees
of the Supplier arising out
of and in the course of
their employment in
connection with this
contract
Z _13.2

INSURANCE TABLE A
Minimum amount of cover or minimum limit
of indemnity
The replacement cost where not covered by the
Purchaser’s insurance.
The Purchaser’s policy deductible as at
Contract Date, where covered by the
Purchaser’s insurance.
Loss of or damage to property
Purchaser’s property
The replacement cost where not covered by the
Purchaser’s insurance.
The Purchaser’s policy deductible as at
Contract Date, where covered by the
Purchaser’s insurance.
Other property
The replacement cost
Death of or bodily injury
The amount required by the applicable law.
The amount required by the applicable law

Replace core clause 87 with the following:

Insurance by
the Purchaser

87
87.1

The Purchaser provides the insurances stated in the Insurance Table B
INSURANCE TABLE B
Insurance against or name
of policy

Minimum amount of cover or minimum limit
of indemnity

Assets All Risk

Per the insurance policy document

Contract Works insurance

Per the insurance policy document

Environmental Liability

Per the insurance policy document

General and Public Liability

Per the insurance policy document

Transportation (Marine)

Per the insurance policy document

Motor Fleet and Mobile Plant

Per the insurance policy document

Terrorism

Per the insurance policy document

Cyber Liability

Per the insurance policy document

Nuclear Material Damage and Per the insurance policy document
Business Interruption

PART C2: PRICING DATA

PAGE - 14 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Nuclear Material Damage
Terrorism

Z14

Per the insurance policy document

Nuclear Liability

Z14.1 The Purchaser is the operator of the Koeberg Nuclear Power Station (KNPS), a nuclear
installation, as designated by the National Nuclear Regulator of the Republic of South Africa,
and is the holder of a nuclear licence in respect of the KNPS.
Z14.2 The Purchaser is solely responsible for and indemnifies the Supplier or any other person
against any and all liabilities which the Supplier or any person may incur arising out of or
resulting from nuclear damage, as defined in Act 47 of 1999, save to the extent that any
liabilities are incurred due to the unlawful intent of the Supplier or any other person or the
presence of the Supplier or that person or any property of the Supplier or such person at or in
the KNPS or on the KNPS site, without the permission of the Purchaser or of a person acting
on behalf of the Purchaser.
Z14.3 Subject to clause Z14.4 below, the Purchaser waives all rights of recourse, arising from the
aforesaid, save to the extent that any claims arise or liability is incurred due or attributable to
the unlawful intent of the Supplier or any other person, or the presence of the Supplier or that
person or any property of the Supplier or such person at or in the KNPS or on the KNPS site,
without the permission of the Purchaser or of a person acting on behalf of the Purchaser.
Z14.4 The Purchaser does not waive its rights provided for in section 30 (7) of Act 47 of 1999, or any
replacement section dealing with the same subject matter.
Z14.5 The protection afforded by the provisions hereof shall be in effect until the KNPS is
decommissioned.

Z15

Asbestos

For the purposes of this Z-clause, the following definitions apply:
AAIA

means approved asbestos inspection authority.

ACM

means asbestos containing materials.

AL

means action level, i.e. a level of 50% of the OEL, i.e. 0.1 regulated asbestos
fibres per ml of air measured over a 4 hour period. The value at which proactive
actions is required in order to control asbestos exposure to prevent exceeding the
OEL.

Ambient Air

means breathable air in area of work with specific reference to breathing zone,
which is defined to be a virtual area within a radius of approximately 30cm from the
nose inlet.

Compliance
Monitoring

means compliance sampling used to assess whether or not the personal exposure
of workers to regulated asbestos fibres is in compliance with the Standard’s
requirements for safe processing, handling, storing, disposal and phase-out of
asbestos and asbestos containing material, equipment and articles.

OEL

means occupational exposure limit.

Parallel
Measurements

means measurements performed in parallel, yet separately, to existing
measurements to verify validity of results.

PART C2: PRICING DATA

PAGE - 15 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Safe Levels

means airborne asbestos exposure levels conforming to the Standard’s
requirements for safe processing, handling, storing, disposal and phase-out of
asbestos and asbestos containing material, equipment and articles.

Standard

means the Purchaser’s Asbestos Standard 32-303: Requirements for Safe
Processing, Handling, Storing, Disposal and Phase-out of Asbestos and Asbestos
Containing Material, Equipment and Articles.

SANAS

means the South African National Accreditation System.

TWA

means the average exposure, within a given workplace, to airborne asbestos
fibres, normalised to the baseline of a 4 hour continuous period, also applicable to
short term exposures, i.e. 10-minute TWA.

Z15.1 The Purchaser ensures that the Ambient Air in the area where the Supplier will Provide the
Services conforms to the acceptable prescribed South African standard for asbestos, as per
the regulations published in GNR 155 of 10 February 2002, under the Occupational Health
and Safety Act, 1993 (Act 85 of 1993) (“Asbestos Regulations”). The OEL for asbestos is 0.2
regulated asbestos fibres per millilitre of air as a 4-hour TWA, averaged over any continuous
period of four hours, and the short term exposure limit of 0.6 regulated asbestos fibres per
millilitre of air as a 10-minute TWA, averaged over any 10 minutes, measured in accordance
with HSG248 and monitored according to HSG173 and OESSM.
Z15.2 Upon written request by the Supplier, the Purchaser certifies that these conditions prevail. All
measurements and reporting are effected by an independent, competent, and certified
occupational hygiene inspection body, i.e. a SANAS accredited and Department of
Employment and Labour approved AAIA. The Supplier may perform Parallel Measurements
and related control measures at the Supplier’s expense. For the purposes of compliance the
results generated from Parallel Measurements are evaluated only against South African
statutory limits as detailed in clause Z15.1. Control measures conform to the requirements
stipulated in the AAIA-approved asbestos work plan.
Z15.3 The Purchaser manages asbestos and ACM according to the Standard.
Z15.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is
conducted and if so required, with reference to possible exposure to an airborne concentration
of above the AL for asbestos, immediate control measures are implemented and relevant air
monitoring conducted in order to declare the area safe.
Z15.5 The Supplier’s personnel are entitled to stop working and leave the contaminated area
forthwith until such time that the area of concern is declared safe by either Compliance
Monitoring or an AAIA approved control measure intervention, for example, per the
emergency asbestos work plan, if applicable.
Z15.6 The Supplier continues to Provide the Services, without additional control measures
presented, on presentation of Safe Levels. The contractually agreed dates to Provide the
Services, including the Completion Date, are adjusted accordingly. The contractually agreed
dates are extended by the notification periods required by regulations 3 and 21 of the
Asbestos Regulations.
Z15.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a
registered asbestos contractor, instructed by the Purchaser at the Purchaser’s expense, and
conducted in line with South African legislation.

Annexure A:

Supply Requirements

[Notes: The example given in the NEC3 Supply Contract Guidance Notes pages 15 to 20 inclusive is based
on Incoterms 2000. However users will probably wish to use Incoterms 2010 which the details below are
based on. Users may need to adjust the information to comply with actual requirements. First decide
whether Incoterms will be used or not, then delete the arrangement below which does not apply and delete
these notes]

PART C2: PRICING DATA

PAGE - 16 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

The Supply Requirements for this contract are based on the use of INCOTERMS:
The Supplier supplies the goods in accordance with INCOTERMS 20103 as follows:
[Select the group and then term within the group which applies and state the applicable delivery place. Delete all the other groups and
this note]

Group

Category

Term

Delivery Place

E

departure

EXW

F

main carriage unpaid

FCA, FAS, FOB

C

main carriage paid

CFR, CIF, CPT, CIP

D

arrival

DAT, DAP, DDP

DDP

The Parties obligations described in Incoterms for the category and term selected are now incorporated into
this contract as part of the Supply Requirements and hence the Goods Information.
The obligations of seller and buyer for the selected Incoterm determine each Party's costs, risks and
insurance requirements incidental to the supply and transport of the goods from Supplier to Purchaser.
For each of the thirteen terms, Incoterms set out obligations of the seller (the Supplier) in ten paragraphs
identified as A1 to A10 and the corresponding obligations of the buyer (the Purchaser) in paragraphs B1 to
B10. These obligations cover the following subjects:
A

The Supplier’s obligations

B

The Purchaser’s obligations

A1

Provision of goods in conformity with
contract

B1

Payment of the price

A2

Licences, authorisations and formalities

B2

Licences, authorisations and formalities

A3

Contracts of carriage and insurance

B3

Contracts of carriage and insurance

A4

Delivery

B4

Taking delivery

A5

Transfer of risks

B5

Transfer of risks

A6

Division of costs

B6

Division of costs

A7

Notice to the buyer

B7

Notice to the seller

A8

Proof of delivery, transport document or
equivalent electronic message

B8

Proof of delivery, transport document or
equivalent electronic message

A9

Checking - packing - marking

B9

Inspection of goods

A10

Other obligations

B10

Other obligations

[Should there be a need to amplify any of the published obligations listed above for the chosen INCOTERM,
add them here.]
All other information NOT pertinent to the above is given in the balance of the Goods Information

3

International Chamber of Commerce, Incoterms 2010, Paris, January 2011

PART C2: PRICING DATA

PAGE - 17 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

The Supply Requirements for this contract are as follows:
[Use these when INCOTERMS do not apply].

1. The requirements for the supply
are

[State the constraints on how the Supplier manufactures,
prototypes, tests and stores the goods including order and timing]

2. The requirements for transport
are

[State the extent to which the Supplier transports the goods and
the mode of transport]

3. The delivery place is

[State the location where the goods are to be placed by the
Supplier, such as whether it is a dispatch department at the
Supplier’s premises, the Purchaser is to collect or other location
the Purchaser may require. If the delivery place for the services is
different to the goods state it here]

4. Actions of the Parties during
supply

Action

Party which does it

Giving notice of Delivery
Checking packing and marking before
dispatch
Contracting for transport
Pay costs of transport
Arrange access to delivery place
Loading the goods
Unloading the goods
For international procurement

Undertake export requirements
Undertake import requirements

5. Information to be provided by
the Supplier

Title of document
Packing lists for cases and their contents
Copy of invoice for the goods
Delivery Note
Test results and maintenance manuals

For international procurement

Licences, authorisations and other formalities associated with
export of the goods
Air Waybill or Bill of Lading with associated landing, delivery and
forwarding order
The Bill of Entry endorsed by the importation authority
Customs work sheets, showing tax, duties and surcharges which
the law of the country into which the goods are being imported
requires the importer to pay
Invoice from the importation clearing agent showing airline fees,
landing charges, wharfage and dock dues as applicable
Specify other import documents required by authorised officials.

All other information NOT pertinent to the above is given in the balance of the Goods Information

PART C2: PRICING DATA

PAGE - 18 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C1.2 Contract Data
Part two - Data provided by the Supplier
Clause

Statement

10.1

The Supplier is (Name):

Data

Address
Tel No.
Fax No.
11.2(8)

The Goods Information for the Supplier’s
design is in:

Technical specification

11.2(11)

The tendered total of the Prices is

R

11.2(12)

The price schedule is in:

Refer to C2.2 of the pricing data

11.2(14)

The following matters will be included in
the Risk Register

25.2

The restrictions to access for the Supply
Manager and Others to work being done
for this contract are

30.1

The delivery date of the goods and
services is:

31.1

The programme identified in the Contract
Data is contained in:

63.2

The percentage for overheads and profit
added to the Defined Cost is

PART C2: PRICING DATA

,
(in words)

goods and services

delivery date

1

4 to 6 weeks
from the
receipt of the
Purchase
order

SUPPLY & DELIVERY OF
DROP-SIDE LOAD BODIES
FOR TRUCKS

5%

PAGE - 19 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

PART 2: PRICING DATA
NEC3 Supply Contract

Document
reference

PART C2: PRICING DATA

Title

No of
pages

C2.1 Pricing assumptions

2

C2.2 The price schedule

1

PAGE - 20 -

C2 SC3 COVER

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C2.1 Pricing assumptions
How goods and services are priced and assessed for payment
Clause 11 in NEC3 Supply Contract, (SC3) core clauses states:
Identified and
defined terms

11
11.2

(11) The Prices are the amounts stated in the price column of the Price
Schedule. Where a quantity is stated for an item in the Price Schedule, the
Price is calculated by multiplying the quantity by the rate.
(12) The Price Schedule is the price schedule unless later changed in
accordance with this contract.

Assessing the
amount due

50.2

The amount due is
•
•
•
•

the Price for each lump sum item in the Price Schedule which the
Supplier has completed,
where a quantity is stated for an item in the Price Schedule, an amount
calculated by multiplying the quantity which the Supplier has completed
by the rate,
plus other amounts to be paid to the Supplier,
less amounts to be paid by or retained from the Supplier.

Any tax which the law requires the Purchaser to pay to the Supplier is
included in the amount due.

This confirms that the Supply Contract is a priced contract where the Prices are derived from a list of items of
goods and services which can be priced as lump sums or as expected quantities of goods and services
multiplied by a rate, or a mix of both.

Function of the Price Schedule
Clause 53.1 states: “Information in the Price Schedule is not Goods Information”. This confirms that
instructions to do work or how it is to be done are not included in the Price Schedule but in the Goods
Information. This is further confirmed by Clause 20.1 which states, “The Supplier Provides the Goods and
Services in accordance with the Goods Information”. Hence the Supplier does not Provide the Goods and
Services in accordance with the Price Schedule. The Price Schedule is only a pricing document.

Preparing the price schedule
Items in the price schedule may have been inserted by the Purchaser and the tendering supplier should
insert any additional items which he considers necessary. Whichever party provides the items in the price
schedule the total of the Prices is assumed to be fully inclusive of everything necessary to Provide the Goods
and Services as described at the time of entering into this contract.
It will be assumed that the tendering supplier has
•
•

Read Pages 8, 11, 12 and Appendix 5 of the SC3 Guidance Notes before preparing the price
schedule;
Included in his Prices and rates for correction of Defects (core clause 43.1) as there is no
compensation event for this unless the Defect is due to a Supplier’s risk;

PART C2: PRICING DATA

PAGE 21

C2.1 SC3 PRICING ASSUMPTIONS

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

•
•

•

Spread the cost of doing work he chooses not to list as separate items in the price schedule across
other Prices and rates in order to fulfil the obligation to Provide the Goods and Services for the
tendered total of the Prices;
Understood that there is no adjustment to lump sum prices in the price schedule if the amount, or
quantity, of work within that lump sum item later turns out to be different to that which the Supplier
estimated at time of tender. The only basis for a change to the Prices is as a result of a compensation
event per clause 60.1;
Understood that the Supplier does not have to allow in his Prices and rates for matters that may
arise as a result of a compensation event.

Format of the price schedule
Entries in the first four columns in the price schedule in section C2.2 are made either by the Purchaser or the
tendering supplier.
If the Supplier is to be paid an amount for the item which is not adjusted if the quantity of work in the item
changes, the tendering supplier enters the amount in the Price column only, the Unit, Quantity and Rate
columns being left blank.
If the Supplier is to be paid an amount for the item which is the rate for the item multiplied by the quantity
completed, the tendering Supplier enters the rate which is then multiplied by the Quantity to produce the
Price, which is also entered.
If the Supplier is to be paid an amount for an item proportional to the length of time for which the goods and
services are provided, a unit of time is stated in the Unit column and the length of time (as a quantity of the
stated units of time) is stated in the Quantity column.

PART C2: PRICING DATA

PAGE 22

C2.1 SC3 PRICING ASSUMPTIONS

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C2.2 the price schedule
Item nr

SAP NO

Description

Qty

1

668358

BODY VEHICLE: DROPSIDE LOADBODY; TRUCK
3500 GVM

0

2

668376

BODY VEHICLE: DROPSIDE LOADBODY; TRUCK
7000GVM

0

3

668377

BODY VEHICLE: DROPSIDE LOADBODY; TRUCK
1200GVM

0

4

668391

BODY VEHICLE: DROPSIDE LOADBODY; TRUCK
1800GVM

0

5

668392

BODY VEHICLE: DROPSIDE LOADBODY; WHITE

0

Unit Price

The total of the Prices

DOCUMENT C2.1
DATA

PAGE - 23 -

PRICING

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

PART 3: SCOPE OF WORK

Document
reference

Title

No of
pages

This cover page

1

C3.1 Purchaser’s Goods Information

7

C3.2 Supplier’s Goods Information

5

Total number of pages

PART C3: SCOPE OF WORK

- 24 -

13

C3 SC3 COVER PAGE

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C3.1: PURCHASER’S GOODS INFORMATION
Contents
Part 3: Scope of Work - 24 C3.1: Purchaser’s Goods Information
25
1
Overview and purpose of the goods and services
26
2
Specification and description of the goods
26
2.1
Purchaser’s design .......................................................................................................................... 26
2.2
Procedure for submission and acceptance of Supplier’s design ..................................................... 26
2.3
Other requirements of the Supplier’s design ................................................................................... 26
2.4
Use of Supplier’s design .................................................................................................................. 26
2.5
Manufacture & fabrication ................................................................................................................ 26
2.6
Factory acceptance testing (FAT) ................................................................................................... 27
2.7
Other tests and inspections and commissioning in place of use ..................................................... 27
2.8
Operating manuals and maintenance schedules ............................................................................ 27
3
Supply Requirements 27
4
Specification of the services to be provided
27
5
Constraints on how the Supplier Provides the Goods
27
5.1
Programming constraints ................................................................................................................. 27
5.2
Work to be done by the Delivery Date ............................................................................................. 27
5.3
Marking the goods ........................................................................................................................... 27
5.4
Constraints at the delivery place and place of use .......................................................................... 27
5.5
Cooperating with Others .................................................................................................................. 27
5.6
Services & other things to be provided by the Purchaser or Supplier ............................................. 28
5.7
Management meetings .................................................................................................................... 28
5.8
Documentation control ..................................................................................................................... 28
5.9
Health and safety risk management ................................................................................................ 28
5.10 Environmental constraints and management .................................................................................. 28
5.11 Quality .............................................................................................................................................. 28
5.12 Invoicing and payment ..................................................................................................................... 28
5.13 Insurance provided by the Purchaser .............................................................................................. 29
5.14 Contract change management ........................................................................................................ 29
5.15 Provision of bonds and guarantees ................................................................................................. 29
5.16 Records of Defined Cost, payments & assessments of compensation events to be kept by the
Supplier ........................................................................................................................................................ 30
6
Procurement 30
6.1
Subcontracting ................................................................................................................................. 30
6.1.1
Preferred subcontractors
30
6.1.2
Limitations on subcontracting 30
6.1.3
Spares and consumables
30
6.1.4
Other requirements related to procurement
30
6.1.5
Cataloguing requirements
30
7
List of drawings 30
7.1
Drawings issued by the Purchaser .................................................................................................. 30
C3.2
Supplier’s Goods Information
- 31 -

PART C3: SCOPE OF WORK

PAGE 25

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Overview and purpose of the goods and services
The scope entails the Supply and delivery of Drop-side Load Bodies for Trucks within Gauteng Cluster is
required in the field service environment and to ensure effective maintenance.

Specification and description of the goods
Purchaser’s design
The following list of specifications are applied to this contract.
Item no.
1

Document Title
Scope of Work & Technical evaluation
Scope of Work &
Technical evaluation.pdf

Procedure for submission and acceptance of Supplier’s design
The following list of specifications are applied to this contract.
No.
Unique Identifier
Revision
Document Title - QUALITY
1
240-105658000
3
Supplier Quality Management: List of Tender
2
240-12248652
7
Returnables Documents
3
240-68099512
9
4
240-109253698
3
5
240-109253302
2

240-12248652 (Rev 240-68099512 (Rev 9)
240-105658000
Supplier Quality Management
7)_List ofSpecification
Form
Tender Returnables-EDC
ContractLTN
Quality
Require
Formatted
(3).pdfA Tender
03.02.2022.p

240-109253698 CQP 240-109253302 _
Template 2021.docx Quality Control Plan or Inspection Test Plan (QCP or ITP) rev 2.

6

240-DX-GP-003T

1

Environmental specifications template (registered)
Environmental
specifications template (registered).xlsx

Other requirements of the Supplier’s design
Refer to the list of specifications attached on Item 2.2 of the Purchaser’s Goods Information.

Use of Supplier’s design
Refer to the list of specifications attached on Item 2.2 of the Purchaser’s Goods Information.

Manufacture & fabrication
Refer to the list of specifications attached on Item 2.2 of the Purchaser’s Goods Information.

PART C3: SCOPE OF WORK

PAGE 26

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Factory acceptance testing (FAT)
Refer to the list of specifications attached on Item 2.2 of the Purchaser’s Goods Information.

Other tests and inspections and commissioning in place of use
Refer to the list of specifications attached on Item 2.2 of the Purchaser’s Goods Information.

Operating manuals and maintenance schedules
To be provided by the supplier and agreed with the Supply manager prior to conclusion of the purchase
order.

Supply Requirements
The Supply Requirements for this contract are in an Annexure to the Contract Data provided by the
Purchaser.

Specification of the services to be provided
Refer to the applicable technical specifications attached on Item 2.1 of the Purchaser’s Goods Information.
Any other specification not listed in Item 2.1 will be provided by the supplier and agreed with the Supply
manager prior to conclusion of a purchase order.

Constraints on how the Supplier Provides the Goods
Programming constraints
The supplier’s program to be discussed with the Supply Manager prior to the conclusion of the Purchase
order.

Work to be done by the Delivery Date
To be discussed with the Supply Manager prior to the conclusion of the Purchase order.

Marking the goods
General specifications for marking of goods (Eskom Logo) to be discussed with the Supply Manager prior to
the conclusion of the Purchase order.

Constraints at the delivery place and place of use
All deliveries must take place during Eskom working hours, supplier to obtain permits and submit all
necessary documents in terms of security. Supplier to familiarize themselves with delivery place and ensure
access is possible in terms of road conditions, height restrictions etc.

Cooperating with Others
The Supplier’s delivery personnel will have to comply to all security and safety requirements prior to the entry
at the pace of delivery.

PART C3: SCOPE OF WORK

PAGE 27

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Services & other things to be provided by the Purchaser or Supplier
Service plans and all other services to be provided by the purchaser or the supplier will be agreed with the
Supply manager prior to conclusion of the purchase order

Management meetings
Regular meetings of a general nature may be convened and chaired by the Supply Manager as follows:
Title and purpose

Approximate time &
interval

Location

Attendance by:

Risk register and
compensation events

As and when required

Specified by the
supplier manager/MS
Teams

Purchaser, Supplier,
and key stakeholders

Overall contract progress
and feedback

As and when required

TBC

Purchaser, Supplier,
and key stakeholders

Meetings of a specialist nature may be convened as specified elsewhere in this Goods Information or if not
so specified by persons and at times and locations to suit the Parties, the nature and the progress of the
manufacture of the goods. Records of these meetings shall be submitted to the Supply Manager by the
person convening the meeting within five days of the meeting.
All meetings shall be recorded using minutes or a register prepared and circulated by the person who
convened the meeting. Such minutes or register shall not be used for the purpose of confirming actions or
instructions under the contract as these shall be done separately by the person identified in the conditions of
contract to carry out such actions or instructions.

Documentation control
As per approved quality plan. All issued documents must follow a chronological order.
All documentations should be stored for a period of five years by the purchaser and the seller.

Health and safety risk management
The Supplier shall comply with the health and safety requirements as per South African Legislation and any
Eskom requirements stipulated in the Tender.

Environmental constraints and management
The Supplier shall comply with the environmental criteria and constraints as per South African Legislation
and requirements stipulated in the Tender.

Quality
The Supplier shall comply with the Eskom Supplier Quality Management Specification 240-105658000
(QM58) Rev 3.
Quality plans, service plans, warranty plans etc to be provided by the supplier and agreed with the Supply
Manager prior to conclusion of a purchase order.

Invoicing and payment
Within one week of receiving a payment certificate from the Supply Manager in terms of core clause 51.1,
the Supplier provides the Purchaser with a tax invoice showing the amount due for payment equal to that
stated in the Supply Manager’s certificate.

PART C3: SCOPE OF WORK

PAGE 28

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

The Supplier shall address the tax invoice to Purchaser and include on each invoice the following
information:
•
•
•
•
•
•
•

Name and address of the Supplier and the Supply Manager;
The contract number and title;
Supplier’s VAT registration number;
The Purchaser’s VAT registration number.
Description of goods and services provided for each item invoiced based on the Price Schedule;
Total amount invoiced excluding VAT, the VAT and the invoiced amount including VAT;
Goods receipt number

Procedures for invoice submission and payment (e. g. electronic payment instructions)
General Information
- No Pro-forma Invoice
- Check Vendor number against the Address and name on Tax invoice
- Insert the Vendor number on Tax invoice (Top right-hand corner)
- Bank details must be on the invoice or on a attach sheet, but it does not require a bank stamp just a
letter)
- Check banking details on invoice against SAP system. If more than one banking account check
bank account against banking details on invoice. If banking details not on invoice, write the bank
code next to the vendor account (bank code 0002)
- Check Vendor VAT number against the vendor master. (FK03) If VAT number not on master
records, prepare a list and forward to Vendor Management to check and update the vendor master
records
- No fax copies of Tax invoices allowed
- No copies of Tax invoices allowed unless originally printed by the Vendor if a photocopy tax
invoice, it must be an original “certified copy” (i.e. not a copy of a “certified copy” invoice) from the
vendor and check in system if not previously be paid. Put stamp “not previously paid” on invoice
and sign.
- Ensure that date received stamp is clear on invoice
- Stamp all Invoices with the Vat stamp, complete and sign (only when VAT is applicable)
- The stamp should not be stamped over any written information
- When scanning invoice, check the quality before linking in SAP (inboxes)
With Reference Invoices
- Goods receipt must be done (payment with reference)
- Ensure that the SAP purchase order number is clear and correct on the invoice
- GR number to be written on the Invoices
- If multiple lines on invoice write the line number of the order against the line to ensure that the
processors match the correct lines (to ensure that 191100 is matched correctly)

X

X

Insurance provided by the Purchaser
All insurance documents should be arranged prior to delivery of purchased goods with all the specifications
of the specified vehicle, for example, vin number, PO price, chassis number etc for all insurance purposes.
Also refer to C1.2 Data provided by the Purchaser in the contract data.

Contract change management
All instructions pertaining to this contract must be provided in writing and Eskom governance process must
be taken into consideration.

Provision of bonds and guarantees
Not Applicable

PART C3: SCOPE OF WORK

PAGE 29

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _____________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Records of Defined Cost, payments & assessments of compensation events to be
kept by the Supplier
Original documents must be kept by the Supplier and filed in a logical sequence as well as access granted to
the Contract Manager upon request.

Procurement
Subcontracting
Preferred subcontractors
Not Applicable
Limitations on subcontracting
Not Applicable
Spares and consumables
Not Applicable
Other requirements related to procurement
Not Applicable
Cataloguing requirements by the Supplier
Not Applicable

List of drawings
Drawings issued by the Purchaser
This is the list of drawings issued by the Purchaser at or before the Contract Date and which apply to this
contract.

Drawing number

PART C3: SCOPE OF WORK

Revision

Title

PAGE 30

C3.1 SC3 PURCHASER’S GOODS INFORMATION

ESKOM HOLDINGS SOC Ltd
CONTRACT NO. _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN
AS WHEN REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

C3.2 SUPPLIER’S GOODS INFORMATION
This section of the Goods Information will always be contract specific depending on the nature of the
goods and services.
It is most likely to be required for supply contracts where the tendering supplier will have proposed
specifications and schedules for the goods and services, which once accepted by the Purchaser prior to
award of contract now become obligations of the Supplier per core clause 20.1.

This section could also be compiled as a separate file.

DOCUMENT C2.1
DATA

PAGE - 31 -

PRICING

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Annexure B: General All Construction Risk Cover

CONTRACT

SC3 COVER PAGES

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

CONTRACT

SC3 COVER PAGES

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

CONTRACT

SC3 COVER PAGES

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

Annexure C: Eskom insurance for fleet

CONTRACT

SC3 COVER PAGES

ESKOM HOLDINGS SOC Ltd
CONTRACT NUMBER _________
THE SUPPLY & DELIVERY OF DROP-SIDE LOAD BODIES FOR TRUCKS FOR A PERIOD OF 36 MONTHS ON “AN AS WHEN
REQUIRED” BASIS WITHIN GAUTENG CLUSTER.

CONTRACT

SC3 COVER PAGES