Civil Works for Craighall_benmore 88kv Cable, Associated Cable Accessories Rerouting to Sandpark Substation

Tender Summary:

DX851

See details below or the tender documentation

2020-10-23 10:00

Civil Engineering, Civil Works Services, Electrical Cable Supplies, Installation and Maintenance

Gauteng, Sunninghill

ESKOM

ESKOM Tenders

Bid Number: DX851
Bid Description: Civil works for Craighall Benmore 88kv cable, associated cable accessories rerouting to Sandpark Substation
Name of Institution: Eskom Holdings SOC Limited
Place where goods, works or services are required: Gauteng Operating Unit
 


Date Published:  17/09/2020
Closing Date / Time: 23/10/ 2020
Enquiries:
Contact Person: Angela Kundhlande
Email: [email protected]
Telephone number: 011 800 5014
FAX Number:


Where bid documents can be obtained:
Website: www.Eskom.co.za , National Treasury etenders
Physical Address:

Where bids should be delivered:


Eskom Holdings SOC Limited, Tender Advise Centre, Eskom Megawatt Park Tender Office, Northside, No.01 Maxwell Drive, Sunninghill, Gauteng


Briefing Session
A compulsory / Optional briefing session will be held on: N/A
Date:
Time:
Venue:


Special Conditions:


 



{TENDER_DOCUMENTS_TEXT_START} Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
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Rev N/A
11 February 2020
February 2023
ESKOM HOLDINGS SOC LTD
INVITATION TO TENDER
FOR
Civil works for Craighall_Benmore 88kV cable, associated cable accessories
rerouting to Sandpark substation
Tender number
DX851
Issue date
2020 September 17
Closing date and time
2020 October 23 at 10h00
Tender validity period
90 days from the closing date and time
Clarification meeting
There will be no Clarification meeting, kindly send
all your questions via email:
[email protected]
Tenders are to be delivered to the following
address on the stipulated closing date and
time:
Keep checking the tender bulletin for clarity
Tender Advise Centre
Eskom Holdings SOC Limited
Eskom Megawatt Park Tender Office
Northside
No.01 Maxwell Drive
Sunninghill
Gauteng
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Ltd, Reg No 2002/015527/30.
Page 1 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Rev 9
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February 2023
Invitation to Tender
Eskom Holdings SOC Ltd (hereinafter “Eskom”) invites you to submit a tender for the Civil works for
Craighall_Benmore 88kV cable, associated cable accessories rerouting to Sandpark substation
The enquiry documents are supplied to you on the following basis:

Free of charge
Eskom has delegated the responsibility for this tender to the Eskom Representative whose name and contact
details are set out in the Tender Data. A submission of a tender by you in response to this Invitation will be deemed
as your acceptance of the Eskom Standard Conditions of Tender (to be accessed via www.eskom.co.za).
Queries relating to these Invitation documents may be addressed to the Eskom Representative.
Yours faithfully
____________________________________________
Procurement Manager
Vusani Phalanndwa
16-09-2020
Date: ________________________________________
The following documents listed hereunder are attached to this enquiry.
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Page 2 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Number
Description
6.1
6.2
6.3
*Acknowledgement form
*Tenderer’s particulars
* Integrity Declaration Form
(refer to www.eskom.co.za for the Supplier
Integrity Pact that suppliers are required to
download and read )
CPA Requirements for Local Goods/Services
6.4
6.5
6.6
6.7
6.8
6.9
6.10
1.2
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February 2023
Annexure/to be
downloaded and
attached
Annexure A
Annexure B
Annexure C
Attached
(Y/N)
Annexure D
Y
CPA(IG) for Foreign Goods/Services (if
applicable)
SBD 6.2- Declaration Certificate for Local
Production and Local Content (only
applicable if designated materials are
included).
Annexure E
Y
Annexure F1
Y
Annexure C-Local Content DeclarationSummary Schedule
Annexure F2
Annexure D-Imported Content Declaration –
Supporting Schedule to Annexure C
Annexure F3
Annexure E-Local Content DeclarationSupporting Schedule to Annexure C
Annexure F4
SBD 1 -Invitation to Bid must be filled out by
all tenderers and submitted with the tender at
tender submission deadline
SBD 6.1- Preference Points Claim Form in
terms of PPPFA 2017 regulations
Tax Evaluation questionnaire to determine
whether a company, close corporation (CC)
or Trust is a personal service provider for
purposes of PAYE [only to be attached for
services type of contracts].
Supplier Development & Localisation (SDL&I)
Undertaking (if applicable )
Annexure G
Y
Annexure H
Y
Annexure O
Y
Annexure M
Y
Y
Y
Y
The Tender Data makes several references to the Eskom Standard Conditions of Tender and
in those instances, the clause numbers are referenced hereunder. If the Eskom Standard
Conditions of Tender is not attached to the Invitation to Tender/Request for Proposal; then
Confidential
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Page 3 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
the tenderers are required to download this from www.eskom.co.za. The “Tender Data” as
detailed herein shall take precedence over the Standard Conditions of Tender in the event of
any ambiguity or inconsistency between the two documents.
Clause Number from Standard
Conditions of Tender
Tender Data
1.1 Parties
The Employer is Eskom Holdings SOC Ltd
1.3 Enquiry documents
The Eskom Representative is:
Name: Angela Kundhlande
Tel: 011 800 5014
E-mail: [email protected]
The Invitation to tender number is : DX 851
1.4 Type of Invitation to Tender/RFP
See the content list above for the enquiry documents.
This invitation to tender is:
1. An open Invitation to tender
1.6 Eskom's rights to accept or reject
any tender
The tender shall be for the whole of the contract.
2.1 Eligible tenders
Submit a tender only if the tenderer (whether a single company or a
structure similar to a Joint Venture) complies with the eligibility criteria
stated in the Tender Data and the tenderer, or any of his principals, is
not under any restriction to do business with Eskom/State Owned
Companies.
Tenderers are deemed ineligible to submit a tender if
 Tenderers have the nationality of a country on any international
sanctions list. A tenderer shall be deemed to have the nationality
of a country if the tenderer is a national or is constituted,
incorporated, or registered and operates in conformity with the
provisions of the laws of that country. This criterion shall also apply
to the determination of the nationality of proposed subcontractors
or suppliers for any part of the Contract including related services.
 Tenderers submit more than one tender either individually or
as a partner in a joint venture (JV) or consortium
 Tenders submitted by a JV or consortium where the
JV/consortium agreement does not explicitly state that the
parties of the JV or consortium shall be jointly and severally
liable for the execution of the Contract in accordance with the
Contract terms.
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Page 4 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender






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A Tenderer must not have a conflict of interest. All Tenderers
found to have a conflict of interest shall be disqualified. A
Tenderer may be considered to have a conflict of interest with
one or more parties in this [tendering] process, if :
o (a)they have a controlling partner/majority shareholder
in common; or
o (b)they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or
influence on the tender/proposal of another Tenderer,
or influence the decisions of the Employer regarding
this bidding process;
Tenders signed by non- authorized persons
Where the tenderers are not registered on National Treasury’s
Central Supplier Database (except Foreign Suppliers)
A tender that fails to meet any pre-qualifying criteria stipulated
in the tender documents is an unacceptable tender (section 4
(2) of PPPFA Regulations
Any tenderer that is restricted by National Treasury
A tenderer that sub-contracts 100% Scope of Work.
Ineligible tenderers will be disqualified.
2.2 -2.5 Tender Closing
The deadline for Tender submission is :
Date 2020 October 23
Time 10h00 SAST (GMT+2)
Late Tenders will not be accepted
Tenders are to be submitted to the Eskom tender box at the following
physical address:
THE TENDER OFFICE
Tender Advice Centre
Eskom Holdings SOC Limited
Eskom Megawatt Park Tender Office,
Northside
No.01 Maxwell Drive
Sunninghill,
Gauteng
2.9 Copy of original tender
The tenderer shall submit an original tender, plus 1 complete copy of
the original tender at tender submission deadline.
Please note that the tender documentation should preferably be
submitted in the following format:
 Technical file separately
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023




Quality file separately
Environmental file separately
Safety file separately
Commercial file separately ie Tender Returnables, NEC
BOQ, Statutory documents
Therefore a total of 10 files (5 originals and 5 complete copies)
Where a Tenderer does not submit a complete hard copy of the
original tender, the tenderer will be disqualified.
2.13 Tender Validity Period
The tender validity period is 90 days
2.16 Site/clarification meetings
There will be no Clarification meeting, kindly send all your
questions via email: [email protected]
2.17 Clarification on enquiry documents
The tenderer will notify the Employer of any clarifications required
before the closing time for clarification queries, which is 5 working
days before the deadline for tender submission.
2.23 Alternative tenders
Alternative tenders are not allowed
2.25 Conditions of contract
2.31 Provision of security for
performance
The conditions of contract will be the NEC ECC
If security for performance (e.g. Performance Bond) is required, the
names of two financial institutions that the tenderer will approach must
be submitted with the tender.
3.4 Opening of tenders
3.5 Prices to be read out
Tenders will be opened at the same date and time as the tender
deadline
Prices will not be read out
3.9 Basic Compliance
Basic compliance for this invitation to tender are:



3.10 Mandatory tender returnables
Meet the eligibility criteria for a tenderer
Submit one (1) hard copy of the original tender to Eskom
Submit a complete original tender with commercial, financial
and technical information
 Submission of the mandatory commercial tender returnables
as at stipulated deadlines.
 Central Supplier Database (CSD) number (MAA………)
A tenderer that does not submit mandatory documents/information in
required in mandatory documents by the required deadlines as
stipulated in the Tender Returnable section of the respective
Invitation to Tender; will be deemed non-responsive.
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
Page 6 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
3.11 Pre-qualification criteria
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Identifier
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Rev 9
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February 2023
The following prequalification criteria is applicable is in terms of
regulation 4(1) (a) and (c)(i to vii) and 4(2) of the PPPFA regulations
2017:



CIDB 6EP or higher
Level one to two (1-2) BBBEE compliant suppliers can apply
for this tender.
B-BBEE status level verification certificate that is SANAS
accredited or SWORN Affidavit only must be submitted in
order to qualify for preference points for B-BBEE
A tender that fails to meet any pre-qualifying criteria stipulated in the
tender documents is an unacceptable tender
3.12 Designated materials and
thresholds
3.13 Functionality requirements
Not applicable
Functionality requirements are applicable
The following criteria will be applicable for this transaction under
functionality criteria:
Functionality
Weighting
Criteria
Threshold
Technical
100
(Engineering)
85%
Failure by the tenderer to meet a minimum threshold of 85% for
Functionality will lead to immediate disqualification.
3.15 Evaluation of price
Prices will be evaluated as follows:






Inclusive of VAT
Making the specified correction for arithmetical errors
Excluding contingencies in any bill of quantities or activity
schedule.
Making an appropriate adjustment for any other acceptable
variations, deviations, or alternative tenders submitted.
Making a comparison of the Net Present Value of each
adjusted tender based on the tendered programme (if
provided) and prices, on the estimated effect of Price
Adjustment Factors and rate of exchange fluctuations (if
applicable) and on other evaluation parameters relating to
uncertainty and risk, where applicable.
Unconditional discounts must be taken into account for
evaluation purposes;
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Page 7 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender

3.17 Evaluation of B-BBEE
3.18 Ranking of tenders
3.19 Objective Criteria
Contractual Requirements
(if applicable )
Template
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Effective Date
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February 2023
Conditional discounts must not be taken into account for
evaluation purposes but should be implemented when
payment is effected.
Prices will be scored out of 80 or 90 points
B-BBEE status will be scored out of 10 or 20 points in accordance with
PPPFA.
If a tenderer fails to submit proof of B-BBEE status level, the tenderer
will not be disqualified (except if B-BBEE level is a pre-qualification
criterion). The tenderer will, however, be awarded 80/90 points for
price and will score 0 points for B-BBEE level /status (out of 10/20)
Suppliers will be ranked by applying the preferential point scoring
based on the relevant system as stipulated hereunder]: 90/10 (for estimated values above R50M inclusive of VAT) or
 80/20 (for estimated values above R30 000 and up to R50M
inclusive of VAT) or
state that either 80/20 or 90/10 will apply should there be a
degree of uncertainty on which PPPFA Point allocation
system will apply; the lowest acceptable tender will be used
to determine the applicable preference system
Eskom will then add the score from Pricing and the
B-BBEE level together and rank the suppliers from the highest to the
lowest.
Objective criteria are not applicable
Please note: “Eskom reserves the right to award the tender to a
supplier who may not be the highest scoring/highest
ranked tenderer, in line with Section (2) (1) (f) of the
PPPFA; subject to the right to negotiate on the objective
criteria with the three highest ranked tenderers
respectively before award is made.
 Tenderers will not be disqualified if they do not comply
with the objective criteria
 Functionality and any element of the B-BBEE scorecard
may not be used as objective criteria.
Contractual Requirements may include the following :
 SHEQ requirements; and
 Financial statements; and
Please Note:
Contractual requirements are not evaluation criteria. They are
required to be met and assessed after the evaluation and
ranking of the tenders. Proof that the highest ranked tenderer is
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Page 8 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
able to meet the contractual requirements, must be submitted
prior to contract award.
Failure to meet “Contractual Requirements “by the stipulated
deadlines; may result in the tenderer being regarded as nonresponsive and ineligible for contract award.
In the event that there are further documents/actions that are
required during execution of the contract, these must be made
contractual conditions and compliance thereto must be
managed in terms of the contract.
CIDB Requirements (where applicable
for Engineering and Construction Works
Contracts)
CIDB Requirements
 CIDB 6EP or higher
Please note:
Eskom reserves the right to negotiate with preferred bidders after a competitive bidding process
or price quotations; should the tendered prices not be deemed market-related.
Main contractors/ suppliers are discouraged from subcontracting with their subsidiary
companies as this may be interpreted as subcontracting with themselves and / or using their
subsidiaries for fronting. Where a main contractor subcontracts with a subsidiary this must be
declared in tender documents.
A report containing a list of potential sub-contractors may be drawn by accessing the following
link: www.csd.gov.za
“proof of B-BBEE status level of contributor” means(a) the B-BBEE status level certificate issued by an authorised body or person; or
(b) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or
(c) any other requirement prescribed in terms of the Broad-Based Black Economic
Empowerment Act;
1.3 TENDER RETURNABLES
The tenderer must submit the returnables set out hereunder as part of its tender. Returnables that are
mandatory for evaluation will result in disqualification if not submitted at tender closing.
Reference
Returnables from supplier
Returnables
mandatory
for evaluation
Returnables
mandatory for
contract award
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Page 9 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Basic Compliance
Pre-qualification criteria :
 B-BBEE
levels/EME/QSE
 Sub-contracting to
designated groups
Please Note that :
“proof of B-BBEE status
level of contributor”
means(a) the B-BBEE status
level certificate issued by
an authorised body or
person; or
(b) a sworn affidavit as
prescribed by the B-BBEE
Codes of Good Practice;
or
(c) any other requirement
prescribed in terms of the
Broad-Based Black
Economic
Empowerment Act;
Template
Identifier
Document
Identifier
Effective Date
Review Date
One (1) hard copy of the tender



CIDB 6EP or higher
Level one to two (1-2) BBBEE
compliant suppliers can apply for this
tender.
B-BBEE status level verification
certificate that is SANAS accredited or
SWORN Affidavit only must be
submitted in order to qualify for
preference points for B-BBEE
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purposes and
due at tender
closing

and due prior to
contract award

“Proof of B-BBEE status level of
contributor” for main contractor
CSD number

Signed Sub-contracting intent agreement

“Proof of B- BBEE status level of
contributor” for sub-contractor belonging to
designated group

Any other supporting documents to verify the
status of the main contractor or subcontractor( as may be stipulated in 3.11)

If “proof of B-BBEE status
level of contributor” is
required for prequalification purposes in
terms of PPPFA
regulations, and is either
not submitted by tender
submission deadline or
deemed invalid; , the
respective tenderer must
be disqualified
Annexure A
Acknowledgement Form

Annexure B
Tenderers Particulars

Annexure C
Integrity Pact Declaration form

Confidential
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Page 10 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Annexure D
CPA for local goods/services (if applicable)

Annexure E
CPA(IG) for imported goods/services (if
applicable)
SBD 6.2 -Declaration certificate for local
production and content and Annexures C, D,
E(only applicable where designated
materials are included)
SBD 1- to be submitted with the tender at
tender submission deadline

SBD 6.1- Preference Points Claim Form in
terms of PPPFA 2017 regulations

Annexure F1-F4
Annexure G (applicable for
all suppliers including
Foreign suppliers)
Annexure H



Supplier Development &
Localisation
(SD&L) Undertaking

Letter of intent to form a JV/consortium
Additional Documents
required in event of JV:-
*“proof of B-BBEE status
level of contributor”
means:-
Valid joint venture agreement confirming the
rights and obligations of each of the joint
venture partners and their profit-sharing
ratios.
Written confirmation that the joint venture will
operate as a single business entity
(incorporated) for the duration of the contract
(this may be included as an obligation within
the JV agreement)
“proof of B-BBEE status level of
contributor” means:(a) the B-BBEE status level certificate issued
by an authorised body or person; or
(b) a sworn affidavit as prescribed by the BBBEE Codes of Good Practice; or
(c) any other requirement prescribed in terms
of the Broad-Based Black Economic
Empowerment Act;
(as may be applicable for the particular
tendering entity )
Details and confirmation of a single
designated bank account in the name of the
JV and independent of the individual JV
partners, as set out in the joint venture
agreement.
Failure on the part of the supplier to submit
“proof of B-BBEE status level of
contributor” for purposes of evaluation and




Confidential
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Page 11 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
(a) the B-BBEE status
level certificate issued by
an authorised body or
person; or
(b) a sworn affidavit as
prescribed by the B-BBEE
Codes of Good Practice;
or
(c) any other requirement
prescribed in terms of the
Broad-Based Black
Economic
Empowerment Act;
scoring by the tender closing will not result in
disqualification (if tenderer is otherwise
deemed to be responsive/acceptable in all
other aspects and it is not a pre-qualification
criterion). The tenderer will, however, be
scored zero on B-BBEE for purposes of
PPPFA scoring and ranking.
Tax Clearance Certificates
A certified copy of a tax clearance certificate
is still required by Foreign suppliers (with a
footprint in South Africa- but who are not on
CSD and have not provided a SARS pin
number ) and Local suppliers (who have not
provided their SARS e-filing PIN number for
verification by Eskom and/or their CSD
profile / CSD number) .
Foreign suppliers with no footprint in South
Africa, must still complete the SBD1
document, however no proof of tax
compliance is required.
Evaluation questionnaire to determine
whether a company, close corporation (CC)
or Trust is a personal service provider for
purposes of PAYE]
To the extent that the tenderer falls within the
definition of a “designated Employer” as
contemplated in the Employment Equity Act
55 of 1998, the tenderer is required to furnish
the Employer with proof of compliance with
the Employment Equity Act, including proof of
submission of the Employment Equity report
to the Department of Labour. (South African
tenderers only)
Valid proof of the required cidb grading

designation for the main contractor; JV and
/or sub-contractor as may be required in the
tender data at tender closing deadline or
within 21 working days from the closing date
of submission of tenders if this is agreed with
the Employer
Tax Evaluation
Questionnaire (if services
contract and was included
as annexure)
Compliance with
Employment Equity Act
CIDB (where applicable)
240-114238630
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Shareholding
NEC/FIDIC
Documentation
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
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February 2023

Shareholding organogram and detailed
breakdown (for each individual company/JV
member) clearly identifying percentages
owned by individual shareholders (full names
& ID Numbers) and other entities (provide full
legal/trading name and respective identifying
registration/trust numbers)
Completed NEC/FIDIC pricing schedule and 
contract data.
DOCUMENTS REQUIRED UNDER CONTRACT REQUIREMENTS
COIDA - Original certificate of good standing
or proof of application issued by the
Compensation Fund (COID) or a licensed
compensation insurer (South African
tenderers only)
Documents that may be required per scope
of work

Other
safety/quality
documents as required per
scope of works
Documents that may be required as per
Environmental
scope of work
Audited Financial Statements of the tenderer
Due Diligence
for the previous 18 months, or to the extent
that such statements are not available, for
the last year. Tenderers must note that in the
case of a joint venture or special purpose
vehicle (SPV) especially formed for this
tender, audited financial statements for each
participant in the JV / SPV is required.
Start-up enterprises formed within the last 12
months are not required to send in
statements, but if successful with their tender
will be required to send statements for the
first year when once available.

Safety
Quality



DOCUMENTS REQUIRED UNDER FUNCTIONALITY/TECHINICAL CRITERIA
Technical
(required
functionality scoring)
for See Annexure I – Technical requirements

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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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ANNEXURE
ACKNOWLEDGEMENT FORM
We are in receipt of the Invitation to Tender from Eskom Holdings SOC Ltd and the
following addenda issued by Eskom:
1.
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2.______________________________________________________________________
_--3.
-------------------------------------------------------------------------------------------------------------------------We confirm that the documentation received by us is: (Indicate by ticking the box)
Correct as stated in the Invitation to Tender Content List, and that each document is
complete. 
Or:
Incorrect or incomplete for the following reasons: 
Cataloguing Acknowledgement:
[Please select the relevant statement by ticking the appropriate box below]:
1.
We agree to provide the cataloguing information as described in the tender
submission. 
2.
We have already supplied Eskom with the cataloguing information pertaining to this
enquiry in a previous contract/order insert previous invitation to tender number]
 __________
We do not intend to provide the cataloguing information for the required scope /
specifications. for the reasons stated hereunder: 
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
___
3.
4.
I confirm that I am a Distributor/Importer/Agent and my Principal, being the Original
Equipment Manufacturer (OEM) is or is not in the position to supply cataloguing
information for items. See attached letter from OEM confirming his position.

Invitation to Tender No: ____________________
Name of company/JV: _______________________________________
Country of registration_______________________________________
Name of contact person:______________________________________
Contact details of contact person:
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Tel (landline) ______________________
Cell phone_________________________
e-mail address______________________
ANNEXURE B
TENDERER’S PARTICULARS
The tenderer must furnish the following particulars where applicable:
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Identifier
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February 2023
Indicate the type of tendering structure by marking with an ‘X’ (where applicable provide registration number):
Individual tenderer
Unincorporated Joint venture (registration number
for each member of the JV)
Incorporated JV
Other
Please complete the following:
Name of lead partner/member in case of JV
CIPC Registration Number (for each individual
company / JV member)
VAT registration number (for each individual company
/ JV member)
CIDB registration number (for each individual
company/JV member if applicable), respective
contractor grading designation for each individual
company/JV member , and combined cidb contractor
grading designation (for JVs)
Shareholding information (for each individual Include as separate tender returnable if required.
company/JV member) clearly identifying percentages
owned by individual shareholders (full names & ID
Numbers) and other entity shareholders (provide full
legal/trading name and respective identifying
registration/trust numbers)
Contact person
Telephone number
E-mail address
Postal address (also of each member in the case of a
JV)
Physical address (also of each member of the JV)
If subcontractors are to be used, indicate the following for the main sub-contractor(s). Add to the list of
applicable.
Name of contractor
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
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February 2023
CIPC Registration number
VAT registration number
CIDB Registration number (if applicable) and CIDB grade
specified for the sub-contractor as may be stipulated in the
Tender Data
Shareholding organogram /breakdown (for each individual
company/JV member) clearly identifying percentages
owned by individual shareholders (full names& ID Numbers)
and other entities (provide full legal/trading name and
respective identifying registration/trust numbers)
Proposed Scope of work to be done by sub-contractor
Contact person
Telephone number
Fax number
E-mail address
Postal address
Physical address
1. If you are currently registered as a vendor with Eskom, please provide your Vendor
registration number with Eskom.________________
2. If you are currently registered as a vendor on the Treasury Central Supplier
Database(CSD) please provide your supplier registration number with
Treasury_____________
3. Please note that it is mandatory for you to register on National Treasury’s CSD, if you
intend doing work with any State department or State owned entity/company.
4. You may register online at National Treasury website on www.treasury.gov.za
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
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February 2023
5. Alternatively, you may contact [] [insert the name and contact details of the
relevant person from Eskom’s Vendor Management department, who can
assist you further with the registration on CSD].
6. If you are registered on SARS Efiling system, please provide your pin number in
order to verify your tax compliant status___________________
7. If you are required to be tax compliant as per SBD 1, but are not registered on CSD
( foreign suppliers) or have not provided your SARS Efiling pin, please confirm that
you have attached/will send a copy of a current valid tax compliant certificate as a
tender returnable (by contract award stage).
YES
NO
8. If sub-contracting is prescribed in the specific enquiry, you need to compete 8.1- 8.7

8.1 Confirm if you intend sub-contracting
YES



NO
8.2 What percentage will you be sub-contracting? _____%
8.3 To whom do you intend sub-contracting? _______________________________
8.4 Is the said sub-contractor registered on CSD?
YES
NO


8.5 If yes to 8.4, please provide CSD number.______________________________
8.4 Please confirm B-BBEE level of said sub-contractor______________________

8.5 Which designated group does the sub-contractor belong to:a. Black people
b. Black people who are youth
c. Black people who are women
d. Black people with disabilities
e. Black people living in rural or underdeveloped areas or townships
f. Cooperatives which are 51% owned by Black people
g. Black people who are military veterans
If Eskom decides to apply the sub-contracting provision as specified in Regulation
4(c) all tenders above the prescribed maximum threshold for quotations must be
advertised through an open competitive bidding process subject to potential
tenderers meeting the 30% minimum subcontracting requirement to EMEs or QSEs
that are 51% owned by the following enterprises:
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
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Identifier
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Review Date
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Rev 9
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Rev N/A
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February 2023
8.6 Please confirm that you have attached your signed intent to sub-contract
document.
YES
NO
8.7 Have you attached proof of sub-contractor’s belonging to designated group
YES
NO
A. Single tenderers
I, the undersigned, _________________________________________(Full names)
hereby confirm that I am duly authorised to sign all documents in connection with
this tender and any contract resulting from it, on behalf of ___________________
(insert the full legal name of the tenderer).
Signature: _______________
Designation: ____________________
Date: _________________
B. Joint Ventures
We, the undersigned, are submitting this tender in Joint Venture and hereby
authorise Mr/Ms _______________________________________(full names), an
authorised signatory of _______________________________________, (insert
the full legal name of the business entity serving as the lead partner) acting in the
capacity of lead partner, to sign all documents in connection with the tender and any
contract resulting from it on our behalf.
We attach to this Schedule a copy of the joint venture agreement which incorporates
a statement that all partners are liable jointly and severally for the execution of the
contract and that the lead partner is authorised to incur liabilities, receive instructions
and payments and be responsible for the entire execution of the contract for and on
behalf of any and all the partners.
Legal Name of
Joint Venture
Member
Full Name and Capacity of Authorised
Signatory
Signature
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February 2023
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February 2023
ANNEXURE C
INTEGRITY DECLARATION FORM
(Form to be completed and signed by supplier/tenderer as Invitation to Tender returnable)
1. DECLARATION OF INTEREST
I/We understand that any natural/legal person, including employees of the State and/or those related to an Eskom
employee/director (as per the definition of “related” set out hereunder), may tender to Eskom. However, in view
of possible allegations of favouritism (the practice of showing favour to, or giving preference to some
person/group, to the detriment of, or at the expense of another that is entitled to equal treatment or an equal
opportunity), should the resulting tender, or part thereof, be awarded to such natural/legal person, as described
herein, it is required that the tenderer/s declare such interest/relationship where:



the tenderer/s employees/directors are also employees/contractors/consultants/ directors in the state or
a state owned entity.
the tenderer/s employees/directors are also employees/contractors/consultants/ directors of Eskom
the tenderer/s employees/directors are also employees/contractors/consultants or directors in another
entity together with Eskom employees/consultants/contractors/ directors
the legal person/s (including its employees/contractors/directors/members/ shareholders) on whose
behalf the tender documents are signed, is in some other way “related” to an Eskom
employee/contractor/consultant/director involved in the tender evaluation/tender adjudication/tender
negotiation. “Related” meaning that: an individual is related to another individual of they are married, or live together in a relationship
similar to marriage;
 or are separated by no more than two degrees of natural or adopted consanguinity or affinity;
 an individual is related to a juristic person if the individual directly or indirectly controls the juristic
person, as determined in accordance with the definition of “control” (as per Companies Act section
2(1) ) ; and
 a juristic person is “related” to another juristic person if : (1)either of them directly/indirectly controls the other, or the business of the other, as
determined in accordance with the definition of “control”(as per Companies Act section
2(1) );
 (2) either is a subsidiary of the other; or
 (3)a person directly/indirectly controls each of them, or the business of each of them, as
determined in accordance with the definition of “control”

the tenderer/s and one or more of the tenderers in this tendering process have a controlling partner in
common, or a relationship with each other, directly or through common third parties, that puts them in a
position to have access to information about or influence on the tender/proposal of another tenderer, or
influence the decisions of Eskom regarding this bidding process;
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Page 22 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
Document
Identifier
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Review Date
240-114238630
Rev 9
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Rev N/A
11 February 2020
February 2023
To give effect to the provisions above, please complete the table hereunder with all required information.
Full
Name
&
Capacity/
Position within tenderer (e.g.
employee/Director/member/
owner/shareholder)
Identity
Number
Confirm and provide
details (including
employee number) if
you are a State/State
owned entity
employee/contractor/
director.
Full Names &
Capacity/Position of
Eskom employee/
director/ consultant
and details of the
relationship or
interest(marital/
familial/personal/
financial etc.)
To your
knowledge
is this
person
involved in
the
evaluation/
adjudication/
negotiation
of tenders
1. If any employee/director/member/shareholder/owner of tenderer/s is also currently employed by Eskom,
state whether this has been declared and whether there is authorisation(Y/N) to undertake remunerative
work outside public sector employment, and attach proof to this declaration. _________________________
2. Do the tenderer/s and other tenderer in this tendering process share a controlling partner or have any
relationship with each other, directly or through common third parties? (Y/N) If Yes, attach proof to this
declaration.________________________
2. DECLARATION OF FAIR TENDERING PRACTICES
This serves as a declaration that when goods/services are being procured, all reasonable steps have been taken
to address and/or prevent the exploitation of the procurement process and the use of any unfair tendering
practices.
A tender will be disqualified if the tenderer/s, or any of its directors have:
 abused the institution’s procurement process (e.g. bid rigging/collusion)
 committed fraud or any other improper conduct in relation to such system.
Please complete the declaration with an ‘X” under YES or NO
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
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Identifier
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Review Date
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Rev 9
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11 February 2020
February 2023
3. Item 4. Question
5. Yes 6. No
7. 1.1 8. Is the tenderer/s(or any of its directors/members/shareholders) listed
12. 1.2
on National Treasury’s Database of Restricted Suppliers as
companies/persons prohibited from doing business with the public
sector, or listed on the Register for Tender Defaulters in terms of
section 29 of the Prevention and Combatting of Corrupt Activities Act
10.
(No 12 of 2004)
9. The Database of Restricted Suppliers and the Register for Tender
Defaulters can be accessed on the National Treasury’s website
(www.treasury.gov.za).
13. Was the tenderer/s (or any of its directors/members/shareholders)
convicted by a court of law (including a court outside South Africa) for
14.
fraud and/or corruption with respect to the procurement/tendering
processes/procedures during the past five years?
17. Provide details.
11.
15.
16. 1.2.1 18.
19.
20. 1.3
Was the tenderer/s(or any of its directors/members/shareholders)
prohibited from doing business with any International Financial
21.
Development/funding Agency or Lending Institution
22.
I, the undersigned, ________________________________________hereby confirm that I am duly authorised
to sign all documents in connection with this tender and any contract resulting from it on behalf of
______________________________________________________(insert the full legal name of the tenderer)
I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all information
furnished herein is correct, that it is understood that the tenderer’s tender may be rejected, and that
Eskom will act against the tenderer should any aspect of this this declaration prove to be false.
Signature:
Designation
signing:
Date:
and
capacity
in
which
Joint Ventures
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
I, the undersigned, ______________________________________________hereby confirm that acting in the
capacity of lead partner, I am duly authorised to sign all documents in connection with the tender and any
contract resulting from it on behalf of
______________________________________________________________(insert the full legal name of the
JV ).
I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all information
furnished herein is correct, that it is understood that the JV’s tender may be rejected, and that Eskom
will act against the JV should any aspect of this this declaration prove to be false.
Signature:
Designation and capacity in which signing :
Date:
(A copy of the joint venture agreement which incorporates a statement that all partners are liable jointly
and severally for the execution of the contract and that the lead partner is authorised to incur liabilities,
receive instructions and payments and be responsible for the entire execution of the contract for and on
behalf of any and all the partners is attached to the invitation to Tender).
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February 2023
ANNEXURE D
CPA REQUIREMENTS FOR LOCAL GOODS AND SERVICES (SOUTH AFRICA)
THE APPLICATION OF CONTRACT PRICE ADJUSTMENT (CPA) TO TENDER
SUBMISSIONS
This Section will not be applicable to professional services contract
1.
APPLICATION OF CPA
Eskom will afford Tenderers an opportunity to propose additional/alternate offers to the
abovementioned. Additional Offers, which are optional, will only be considered if a fully
compliant Main Offer is submitted and acceptable
CPA conditions may apply if the contractual duration is to be longer than 12 months. If the
contractual duration will be less than or equal to 12 months, a fixed priced offer must be
submitted.
2.
TENDER SUBMISSIONS
Tenderers shall comply with the following requirements:
a.
Main offer:

A Main Offer that is fully compliant with the CPA requirements as specified in the
Enquiry.

This condition is mandatory unless a fully fixed priced offer is submitted. If more
than one offer is submitted, then the fully CPA compliant offer must be indicated
as the Main Offer.
Failure to do so may result in the supplier’s offer(s) being disqualified.
b.
Additional/Alternative offer:
Additional offers, which are optional, will only be considered if a fully compliant main
offer is submitted and acceptable:
 A fixed priced offer in addition to the fully CPA compliant main offer; or
 Any other offer with CPA specifications which deviate from the CPA requirements
specified in the enquiry. However it is compulsory that all such deviations are
sufficiently substantiated.
Additional/Alternative Offers must be clearly indicated as such
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
3.
Template
Identifier
Document
Identifier
Effective Date
Review Date
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Rev 9
N/A
Rev N/A
11 February 2020
February 2023
ESKOM’S PREFERRED INDEX LIST
Eskom’s preferred index list is set out hereunder in Tables 1 and 2. The index list
comprises indices that could be used in the Tenderers main offer.
4.
FOREIGN PORTION OF THE TENDER/AGREEMENT PRICE
In instances where the preferred index list does not specify a foreign index which is
required for the specific agreement, the following must apply:


5.
NUMBER OF FORMULAE & INDICES

6.
The source of an index must be that of the national statistical institute of the relevant
country or a generally acknowledged statistical (e.g. industry) body in or for that
country, e.g. BEAMA and MEPS.
The index must be the equivalent, or if unavailable, the nearest equivalent index to
that of the specific prescribed local index.
The Tenderer is limited to a maximum of 10 (ten) indices in total, i.e.: a maximum of
5 local indices and maximum of 5 foreign indices, excluding the fixed portion per CPA
formula, per offer/agreement.
CPA FIXED PORTION
A minimum of 15% of the total agreement value is to be fixed when a CPA formula
applies; except in the case of professional services or consulting agreements.
7.
BASE DATE
 In instances of indices or other references published monthly, the Base Date is to be:
The month before the month in which the Enquiry closes
 In instances where the reference figures, e.g. market prices, are published daily or at
more intervals than once a month:
The average for the month before the month in which the Enquiry closes
 In this case, the following shall apply:
o
Where the average is published:
The average published price in the currency Eskom will be exposed to. e.g.
The currency in which Eskom will effect payment
o
Where a high, low and mean are published:
The mean
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Invitation to Tender
o
Template
Identifier
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Identifier
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Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Where other prices than the Cash Settlement or Cash Sellers Price are
published:
The Cash Settlement or Cash Sellers Price

8.
Where applicable, these principles, must also apply for the CPA “cut-off” date.
CPA FOR PROFESSIONAL SERVICES
The preferred index to be used for adjusting these agreements is the country specific CPI
Headline index.
The price adjustment factor will be effective from each contractual anniversary of the base
date. This must be the average of the country specific CPI Headline index figures
published for the last twelve month period (cycle) ending before the contract anniversary
date.
No fixed portion is mandatory.
Signed
Date
Name
Position
Tenderer
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Invitation to Tender
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Rev 9
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11 February 2020
February 2023
Table 1: Preferred Local Index List -this list of indices needs to be relevant to the commodity.
Buyers need to check and include the relevant indices.
Labour
Commodities
Labour general
(hourly paid)
SEIFSA, C3,
actual labour
cost
Steel
StatsSA, P0142.1
Table 2, basic
iron and steel
Copper
SEIFSA, F,
copper metric ton
Labour general
SEIFSA, C3 (a),
actual labour
cost (field force)
where
subsistence
allowance is
paid
Aluminium
SEIFSA, R,
aluminium
Zinc
SEIFSA, F, zinc
Lead
SEIFSA ,F, lead
Processed
material
Mechanical
engineering
material
SEIFSA, G,
mechanical
engineering
material
Transport
Others
SEIFSA, L2, road
freight costs
StasSA, PO141 CPI
(Headline) all items
OR
SEIFSA, D-2 (CPI)
Electrical
engineering
material
SEIFSA, G-1,
electrical
engineering
material
Building and
construction
material
SEIFSA, G,
building and
construction
material
StasSA,
PO142.1), PPI
 Final
Manufactur
ed Goods


Or
Intermediat
e
Manufactur
ed Goods
OR
SEIFSA
Table U
Producer
Price Index
(PPI
- final
manufactured
GOODS OR
Intermediate
Manufactured
Goods
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Table 2: Preferred Foreign Index List
Labour
National Statistical
Institute,
Country-specific
general labour index
Commodities
MEPS,
Country-specific
general steel
index
LME, Copper
LME, aluminium
LME, zinc
LME, lead
Closing date of tender
Processed
material
National
Statistical
Institute,
Country-specific
mechanical
engineering
material
National
Statistical
Institute,
Country-specific
electrical
engineering
material
National
Statistical
Institute,
Country-specific
building and
construction
material
Transport
National
Statistical
Institute,
Countryspecific
general
transport cost
index
Others
National
Statistical
Institute,
Country-specific
CPI (Headline)
National
Statistical
Institute,
Country-specific
PPI
__________/__________/__________
TENDERER’S SIGNATURE ______________________________
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ANNEXURE E
CPA (IG) REQUIREMENTS FOR FOREIGN GOODS AND SERVICES
CONTRACT PRICE ADJUSTMENT AND FOREX PAYMENTS – IMPORTATION
Failure to propose contract price adjustment methods, either by completing this document or
proposing alternative methods for any portion of the tender price, will lead to that portion of
the tender price being considered fixed.
Where space in this document is insufficient, the tenderer shall submit the required
information on separate schedules, duly referenced to this document.
Where foreign exchange is involved, and Eskom will cover the risk forward, the methods of
payment listed in Part 1 are the only acceptable methods. It must be noted that Eskom
considers Payment Method 1 to be the default payment method.
PART 1: PAYMENT OF FOREIGN COMMITMENTS
Payment of Eskom’s foreign commitment in foreign currency will be made either:
Payment Method 1A:
To a nominated bank account in a foreign country in a foreign currency
(payment will be made to the party and account nominated by the supplier
in the contract, and not to any other party);
Please note that the contracting party must be the direct importer of the goods
Applicable (Y / N)
Payment Method 1B;
To a valid SARB approved CFC account in South Africa, in a foreign currency (payment will
be made to the party and account nominated by the supplier in the contract, and not to any
other party).
Please note:
 The contracting party must be the direct importer
 For payment purposes, Eskom will require both the foreign (commercial ) invoice and
the local tax invoice
 The foreign currency values on both the commercial and local invoice must be the
same. Eskom will not pay any profit in foreign currency.
 Service related payments are excluded from this option;
Applicable(Y/N) or
Payment Method 2:
In South African Rand at the selling spot rate of exchange obtained by
Eskom’s Treasury on the date that the forward cover is cancelled. Eskom
will notify the supplier of the date that the forward cover is cancelled as well
as the intended payment date, which will be as per the agreed payment terms.
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Any exchange rate adjustment after Eskom has notified the supplier of the date
and the rate which the forward cover is cancelled, will be for the account of
the supplier.
Please note:
 The contracting party has to be the direct importer of the goods.
 This payment option is not applicable for the payment of services
Applicable (Y/N)………..
An indemnity in writing confirming that the supplier will not buy forward cover is required where
Payment Method 1 or 2 is contracted.
[Payment Method 2 must be accepted by the Commercial Policy and Procedure
Manager before the tender documentation is sent out, but at the latest before the tender
closing date. If it is not approved before tender closing, Payment Method 1 will be the
default.]
Fixed ZAR pricing
The tenderer may elect to be responsible for the hedging of the exposure of the imported
content. However, Eskom reserves the right to have line of sight of the exchange rates to be
quoted by the tenderer. This entails a simultaneous exercise of the verification of the
exchange rates to be used.
Applicable (Y/N)………..
Please note: Eskom will require substantiating proof of importation at the time of invoicing, if
payment methods 1A,1B and 2 are selected.
Where goods were previously imported into stock by the supplier, for delivery to various
customers, including Eskom, the price quoted must be in South African Rand. In such cases
Eskom will not undertake any foreign exchange commitment or arrange forward cover.
PART 2: EXCHANGE RATES
The tenderer shall use the exchange rate as at 12H00 on the date of the advertisement of
the tender. The source of the exchange rates shall be the South African Reserve Bank
(www.resbank.co.za)
Please note that the tenderer is required to submit proof of the SARB rate/s used.
PART 3: ADJUSTMENT OF IMPORTATION COSTS, ETC
The values in Rand included in the tender/contract price for the following costs shall be based
on rates ruling for the month prior to the closing date of the tender and any variation in these
rates applied to the value included in the tender price will be for Eskom’s account.
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RATES/TARIFFS
Sea/Air Freight
Bunker Adjustment Factor
Currency Adjustment Factor
Marine Risk Insurance (MRI) (Eskom will provide cover)
Rate for Extension of MRI after Arrival of Goods at Site (if required)
Wharfage
Landing Charges
Customs Duties
RSA Port on which Import Charges are Based
PART 4: ADJUSTMENT OF OVERSEAS MANUFACTURE, EXPATRIATE LABOUR AND
OTHER COSTS (To be read in conjunction with Eskom CPA Index)
Eskom requires a fixed portion (free of price adjustment) appropriate to the nature of the
contract.
The methods/formulae proposed in this part shall clearly identify the base month, the period
over which adjustment will apply, the elements of labour and materials and source of the
indices/rates/prices to be used.
The source of indices/prices/rates nominated in this part shall be from a recognised publishing
authority. It must be clearly and completely defined. Supplier in-house indices are not
acceptable.
The value of overseas manufacture, labour and material costs (ex-works), inland
transportation, expatriate labour, etc. included in the tender/contract price shall be subject to
adjustment in accordance with the methods stated hereunder.
The base indices/prices/rates shall be those ruling for the month prior to the month of the
closing of the enquiry.
4.1 MANUFACTURING CPA METHOD (LABOUR AND MATERIAL)
Please submit your proposals for this section on a separate sheet of paper as an annexure.
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4.2 EXPATRIATE LABOUR METHOD
Please submit your proposals for this section on a separate sheet of paper as an annexure.
4.3 OTHER VALUES METHOD (e.g. Engineering fees, design fees, barging, inland
transportation, etc.)
Please submit your proposals for this section on a separate sheet of paper as an annexure.
PART 5: ADJUSTMENT OF LOCAL MANUFACTURE/SUPPLY MATERIAL, TRANSPORT
AND ERECTION COSTS
The contract price adjustment method for local manufacture or partly local manufacture from
imported stock, equipment or plant cost, transport cost within the RSA and local
erection/installation cost shall be in accordance with the attached Eskom CPA Principles
PART 6: GUIDELINES FOR CONTRACT PRICE ADJUSTMENT CLAIMS --- PART 2, 3
AND 4
1 When the percentage increase or decrease between two indices/prices/tariffs is
calculated, the earlier figure shall be taken as the base.
2
Where portions of the works are delivered at different times, contract price adjustments
shall be made in respect of appropriate portions of the contract price.
3
Where the terms of payment of the contract allow progress payments, other than Eskom’s
standard payment terms, the agreed contract price adjustment method shall be applied
to the value of such payment and to the date and level of completion to which payment is
linked.
4
Where any figure given in a table is therein stated to be a provisional figure or is
subsequently amended, the figure as ultimately confirmed or amended in the publication
concerned shall apply.
5
Where the appropriate claim indices/prices, as defined in terms of the agreed formulae,
are not available or are provisional, interim claims based on the last published confirmed
or revised indices/prices as at the date of delivery/installation may be submitted. When
the confirmed or revised index/price becomes available the final claim may be submitted,
provided that such claim is received within 180 days of the date of delivery/installation.
6
Where requested by Eskom, the contractor shall submit publications showing base
indices/prices/rates as they become available as well as updated values at three monthly
intervals during the course of the contract.
7
Where it is considered necessary Eskom reserves the right to call for any documentary
evidence to substantiate claims.
Closing date of tender
__________/__________/__________
TENDERER’S SIGNATURE _______________________________
ANNEXURE F1
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SBD 6.2
DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR
DESIGNATED SECTORS
This Standard Bidding Document (SBD) must form part of all bids invited. It contains general
information and serves as a declaration form for local content (local production and local
content are used interchangeably).
Before completing this declaration, bidders must study the General Conditions, Definitions,
Directives applicable in respect of Local Content as prescribed in the Preferential Procurement
Regulations, 2017, the South African Bureau of Standards (SABS) approved technical
specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of
Local Content together with the Local Content Declaration Templates [Annex C (Local Content
Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to
Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].
1. General Conditions
1.1. Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the
promotion of local production and content.
1.2. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must
advertise such tenders with the specific bidding condition that only locally produced or
manufactured goods, with a stipulated minimum threshold for local production and
content will be considered.
1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding
process may be followed, where the first stage involves a minimum threshold for local
production and content and the second stage price and B-BBEE.
1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in
such a manner that the local production and content of the overall value of the contract
is reduced to below the stipulated minimum threshold.
1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in
accordance with the SABS approved technical specification number SATS 1286: 2011
as follows:
LC = [1 - x / y] * 100
Where
x
is the imported content in Rand
y
is the bid price in Rand excluding value added tax (VAT)
Prices referred to in the determination of x must be converted to Rand (ZAR) by using
the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the
date of advertisement of the bid as indicated in paragraph 4.1 below.
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The SABS approved technical specification number SATS 1286:2011 is
accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.
1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content
Declaration: Summary Schedule) are not submitted as part of the bid documentation;
2. The stipulated minimum threshold(s) for local production and content (refer to
Annex A of SATS 1286:2011) for this bid is/are as follows:
Description of services, works or goods
Stipulated minimum threshold
_______________________________
_______%
_______________________________
_______%
_______________________________
_______%
3. Does any portion of the goods or services offered
have any imported content?
(Tick applicable box)
YES
3..1
NO
If yes, the rate(s) of exchange to be used in this bid to calculate the local content as
prescribed in paragraph 1.5 of the general conditions must be the rate(s) published
by SARB for the specific currency at 12:00 on the date of advertisement of the bid.
The relevant rates of exchange information is accessible on www.reservebank.co.za
Indicate the rate(s) of exchange against the appropriate currency in the table below
(refer to Annex A of SATS 1286:2011):
Currency
Rates of exchange
US Dollar
Pound Sterling
Euro
Yen
Other
NB: Bidders must submit proof of the SARB rate (s) of exchange used.
4.
Where, after the award of a bid, challenges are experienced in meeting the stipulated
minimum threshold for local content the dti must be informed accordingly in order for the
dti to verify and in consultation with the AO/AA provide directives in this regard.
LOCAL CONTENT DECLARATION
(REFER TO ANNEX B OF SATS 1286:2011)
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LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER
LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF
EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY
(CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)
IN RESPECT OF BID NO. .................................................................................
ISSUED BY: (Procurement Authority / Name of Institution):
.........................................................................................................................
NB
1
The obligation to complete, duly sign and submit this declaration cannot be transferred
to an external authorized representative, auditor or any other third party acting on
behalf of the bidder.
2
Guidance on the Calculation of Local Content together with Local Content Declaration
Templates (Annex C, D and E) is accessible on http://www.thdti.gov.za/industrial
development/ip.jsp. Bidders should first complete Declaration D. After completing
Declaration D, bidders should complete Declaration E and then consolidate the
information on Declaration C. Declaration C should be submitted with the bid
documentation at the closing date and time of the bid in order to substantiate
the declaration made in paragraph (c) below. Declarations D and E should be kept
by the bidders for verification purposes for a period of at least 5 years. The successful
bidder is required to continuously update Declarations C, D and E with the actual
values for the duration of the contract.
I, the undersigned, …………………………….................................................... (full names),
do hereby declare, in my capacity as ……………………………………… ………..
of ...............................................................................................................(name of bidder
entity), the following:
(a)
The facts contained herein are within my own personal knowledge.
(b)
I have satisfied myself that:
(i)
(c)
the goods/services/works to be delivered in terms of the above-specified bid
comply with the minimum local content requirements as specified in the bid, and
as measured in terms of SATS 1286:2011; and
The local content percentage (%) indicated below has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 4.1 above and the information contained in Declaration D and E which has
been consolidated in Declaration C:
Bid price, excluding VAT (y)
Imported content (x), as calculated in terms of SATS 1286:2011
R
R
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Stipulated minimum threshold for local content (paragraph 3 above)
Local content %, as calculated in terms of SATS 1286:2011
If the bid is for more than one product, the local content percentages for each product
contained in Declaration C shall be used instead of the table above.
The local content percentages for each product has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 4.1 above and the information contained in Declaration D and E.
(d)
I accept that the Procurement Authority / Institution has the right to request that the
local content be verified in terms of the requirements of SATS 1286:2011.
(e)
I understand that the awarding of the bid is dependent on the accuracy of the
information furnished in this application. I also understand that the submission of
incorrect data, or data that are not verifiable as described in SATS 1286:2011, may
result in the Procurement Authority / Institution imposing any or all of the remedies as
provided for in Regulation 14 of the Preferential Procurement Regulations, 2017
promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5
of 2000).
SIGNATURE:
DATE: ___________
WITNESS No. 1
DATE: ___________
WITNESS No. 2
DATE: ___________
Annexure F2- _Local content Declaration-Summary Schedule (annex C)
Annexure F3 - Imports Declaration-Supporting schedule
C(annex D)
Annexure F4 - Local Content Declaration-Supporting
Schedule to Annex C (annex E)
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to
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ANNEXURE G
SBD 1
PART A
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INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER:
CLOSING DATE:
CLOSING TIME:
DESCRIPTION
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID
BOX SITUATED AT (STREET ADDRESS)
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER
CODE
NUMBER
CODE
NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
B-BBEE STATUS LEVEL VERIFICATION
CERTIFICATE
[TICK APPLICABLE BOX]
IF YES, WHO WAS THE CERTIFICATE
ISSUED BY?
AN ACCOUNTING OFFICER AS
CONTEMPLATED IN THE CLOSE
CORPORATION ACT (CCA) AND NAME
THE APPLICABLE IN THE TICK BOX
TCS PIN:
Yes
No
OR
CSD No:
B-BBEE STATUS
LEVEL SWORN
AFFIDAVIT
Yes
No
AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION
ACT (CCA)
A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN
ACCREDITATION SYSTEM (SANAS)
A REGISTERED AUDITOR
NAME:
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED
IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
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Invitation to Tender
ARE YOU THE ACCREDITED
REPRESENTATIVE IN SOUTH AFRICA
FOR THE GOODS /SERVICES /WORKS
OFFERED?
SIGNATURE OF BIDDER
CAPACITY UNDER WHICH THIS BID IS
SIGNED (Attach proof of authority to
sign this bid; e.g. resolution of
directors, etc.)
Yes
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
[IF YES ENCLOSE PROOF]
ARE YOU A FOREIGN
BASED SUPPLIER FOR
THE GOODS /SERVICES
/WORKS OFFERED?
………………………………
DATE
TOTAL NUMBER OF ITEMS OFFERED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO:
DEPARTMENT/ PUBLIC ENTITY
CONTACT PERSON
TELEPHONE NUMBER
FACSIMILE NUMBER
E-MAIL ADDRESS
No
240-114238630
Yes
No
[IF YES ANSWER PART B:3
BELOW ]
TOTAL BID PRICE (ALL
INCLUSIVE)
TECHNICAL INFORMATION MAY BE DIRECTED TO:
CONTACT PERSON
TELEPHONE NUMBER
FACSIMILE NUMBER
E-MAIL ADDRESS
PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR
CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE
1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY:
(BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING
INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE
SUBMITTED TO BIDDING INSTITUTION.
1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/
DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID
DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.
1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL
PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER
LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE
THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS
PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.
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February 2023
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE
PROOF OF TCS / PIN / CSD NUMBER.
2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER
MUST BE PROVIDED.
3.
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)?
YES
NO
3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA?
YES
NO
3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA?
YES
NO
3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA?
YES
NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX
COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
Annexure H
SBD 6.1
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
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Rev 9
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Rev N/A
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February 2023
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and
serves as a claim form for preference points for Broad-Based Black Economic
Empowerment (B-BBEE) Status Level of Contribution
NB:
1.
1.1
BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF
B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT
REGULATIONS, 2017.
GENERAL CONDITIONS
The following preference point systems are applicable to all bids:
-
the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
1.2
a) The value of this bid is estimated to exceed/not exceed R50 000 000 (all applicable
taxes included) and therefore the ………….. preference point system shall be
applicable; or
b) Either the 80/20 or 90/10 preference point system will be applicable to this tender
1.3
1.4
Points for this bid shall be awarded for:
(a)
Price; and
(b)
B-BBEE Status Level of Contributor.
The maximum points for this bid are allocated as follows:
POINTS
PRICE
B-BBEE STATUS LEVEL OF CONTRIBUTOR
Total points for Price and B-BBEE must not
exceed
1.5
100
Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor
together with the bid, will be interpreted to mean that preference points for B-BBEE
status level of contribution are not claimed.
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Invitation to Tender
1.6
2.
Template
Identifier
Document
Identifier
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Rev 9
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February 2023
The purchaser reserves the right to require of a bidder, either before a bid is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the purchaser.
DEFINITIONS
(a)
“B-BBEE” means broad-based black economic empowerment as defined in
section 1 of the Broad-Based Black Economic Empowerment Act;
(b)
“B-BBEE status level of contributor” means the B-BBEE status of an entity in
terms of a code of good practice on black economic empowerment, issued in terms
of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(c)
“bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the provision of goods or services, through price
quotations, advertised competitive bidding processes or proposals;
(d)
“Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e)
“EME” means an Exempted Micro Enterprise in terms of a code of good practice
on black economic empowerment issued in terms of section 9 (1) of the BroadBased Black Economic Empowerment Act;
(f)
“functionality” means the ability of a tenderer to provide goods or services in
accordance with specifications as set out in the tender documents.
(g)
“prices” includes all applicable taxes less all unconditional discounts;
(h)
“proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i)
(j)
3.
3.1
“QSE” means a qualifying small business enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of the
Broad-Based Black Economic Empowerment Act;
“rand value” means the total estimated value of a contract in Rand, calculated at
the time of bid invitation, and includes all applicable taxes;
POINTS AWARDED FOR PRICE
THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Template
Identifier
Document
Identifier
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Invitation to Tender
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20
or
90/10
Pt  P min 

Ps  801 

P min 

Pt  P min 

Ps  901 

P min 

or
Where
4.
4.1
5.
Ps
=
Points scored for price of bid under consideration
Pt
=
Price of bid under consideration
Pmin
=
Price of lowest acceptable bid
POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,
preference points must be awarded to a bidder for attaining the B-BBEE status level
of contribution in accordance with the table below:
B-BBEE Status Level of
Contributor
Number of points
Number of points
(90/10 system)
(80/20 system)
1
10
20
2
9
18
3
6
14
4
5
12
5
4
8
6
3
6
7
2
4
8
1
2
Non-compliant
contributor
0
0
BID DECLARATION
5.1
Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:-
6.
B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF
PARAGRAPHS 1.4 AND 4.1
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Identifier
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6.1
B-BBEE Status Level of Contributor:
=
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table
reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE
status level of contributor.
7.
7.1
SUB-CONTRACTING
Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES
7.1.1
NO
If yes, indicate:
i)
What
percentage
of
the
contract
subcontracted............…………….…………%
ii) The
name
of
the
contractor…………………………………………………………..
iii) The
B-BBEE
status
level
of
contractor......................................……………..
will
be
sub-
the
sub-
iv) Whether the sub-contractor is an EME or QSE
(Tick applicable box)
YES
NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in
terms of Preferential Procurement Regulations,2017:
Designated Group: An EME or QSE which is at least 51% owned
by:
EME
QSE


Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
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Invitation to Tender
Template
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Rev 9
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Rev N/A
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February 2023
Any EME
Any QSE
8.
DECLARATION WITH REGARD TO COMPANY/FIRM
8.1
Name
of
company/firm:…………………………………………………………………………….
8.2
VAT
registration
number:……………………………………….…………………………………
8.3
Company
number:…………….……………………….…………………………….
8.4
TYPE OF COMPANY/ FIRM
registration

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited
[TICK APPLICABLE BOX]
8.5
DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………………………….
8.6
COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
8.7
Total
number
of
years
business:……………………………
the
company/firm
has
been
in
8.8
I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level of
contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies
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Template
Identifier
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Identifier
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Invitation to Tender
240-114238630
Rev 9
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Rev N/A
11 February 2020
February 2023
the company/ firm for the preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown
in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary
proof to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a
fraudulent basis or any of the conditions of contract have not been fulfilled, the
purchaser may, in addition to any other remedy it may have –
(a)
disqualify the person from the bidding process;
(b)
recover costs, losses or damages it has incurred or suffered as a
result of that person’s conduct;
(c)
cancel the contract and claim any damages which it has suffered
as a result of having to make less favourable arrangements due
to such cancellation;
(d)
recommend that the bidder or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted by the National Treasury from
obtaining business from any organ of state for a period not
exceeding 10 years, after the audi alteram partem (hear the other
side) rule has been applied; and
(e)
forward the matter for criminal prosecution.
WITNESSES
……………………………………….
1.
……………………………………..
2.
…………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE:
…………………………………..
ADDRESS
…………………………………..
…………………………………..
ANNEXURE I – TECHNICAL EVALUATION CRITERIA
…………………………………..
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Technical Evalation
criteria for HV cables contractors_23 January 2020 (3) (2 (3) (3).pdf
ANNEXURE J – QUALITY EVALUATION CRITERIA
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Identifier
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Identifier
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Rev 9
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Rev N/A
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February 2023
Unique Identifier
Supplier Quality Management:
List of Tender Returnables Documents
Category 2: Quality
Requirements
Revision
Effective Date
Specification
Deliverables to be evaluated indicator = 1
240-12248652
4
2018/10/26
QM 58
Weights
SECTION A : Quality Management System Requirements ISO 9001
(Option 1) Valid certification of Quality Management System by an ISO accredited body
Apply
(Yes=1)
A.1 Product / Service Scoping on ISO 9001 certificate is defined and relevant
1
A.2 Certificate by Approved and Authorized certification authority
1
A.3 Certification Authority has Recognized International Accreditation
1
A.4 Validity (expiry date) of certificate
1
Section A Score
4
SECTION A : Quality Management System Requirements ISO 9001
(Option 2) Objective evidence of documented QMS that is not certified but complies with
ISO9001
Apply
(Yes=1)
A.1 QMS Manual or document that defines and describes the QMS and its scope or
Quality Method statement based on scope
1
A.2 Quality Policy Approved by top management.
1
A.3 Quality Objectives Approved by top management
1
A.4 Records required by ISO 9001 standard (List of Records)
1
A.5 Control of documented information
1
A.6 Documented information for Control of nonconforming outputs
1
A.7 Documented information for Nonconformity and Corrective action
1
A.8 Documented information for Internal audit
1
Sub-Section A Score Option 2
8
SECTION B : Evidence of QMS in operation (Tender Quality Requirements -Ref QM-58 or
240-105658000)
Apply
(Yes=1)
B.1 Documented information for defined roles, responsibilities and authorities
1
B.2 Documented information for Control of Externally provided processes, products
and services
1
B.3 Latest copy of an internal management system audit report (with
Nonconformity, Correction and/ or
1
Section B Score
3
SECTION C :
Contract Quality Plan Requirements (Ref QM-58 and 240-109253698)
25%
25%
20%
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Invitation to Tender
Template
Identifier
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Identifier
Effective Date
Review Date
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Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Draft Contract Quality Plan specific to the scope of work as described in the tender
documents (Ref ISO 10005)
Apply
NB!!!! draft Contract/Project Quality Plan has important QA deliverables
(Yes=1)
Section C Score
1
SECTION D
: Quality Control Plan Requirements (Ref QM-58 or 240-109253302)
QCP /Checklist/ ITP (Quality Control Plans) as per Scope of Works (Ref ISO 10005 & QM58)
NB! Example of an Inspection and Test Plan (ITP) or Quality Control Plan
Apply
(QCP) on similar and/ or previous work done
(Yes=1)
1
Section D Score
1
SECTION E : User defined additional Requirements & miscellaneous (Ref QM-58)
Customer specific requirements & other standards and required can be listed and evaluated
here
Apply
(Yes=1)
E.1 Form A is completed and signed.
1
E.2 Add other requirements (if applicable) as per the scope of work and/ or
specification
1
Section E Score
2
20%
10%
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February 2023
ANNEXURE K – ENVIRONMENTAL EVALUATION CRITERIA
GAUTENG OPERATING UNIT: Civil Works for CRAIGHALL_BENMORE 88kV CABLE, ASSOCIATED
CABLE ACCESSORIES REROUTING TO SANDPARK SUBSTATION ENVIRONMENTAL
SPECIFICATIONS
Item no.
Part A
Weight
(%)
Minimum Requirements for Environmental Management System
Score
*EMS as per ISO 14001: 2015. Certification is not required by suppliers only
compliance thereof
1
Environmental management policy
10
1.1
Company’s environmental policy (Integrated or Non-integrated with Safety)
1.2
Environmental Policy must Commit to Compliance to all relevant Environmental
Legislation/ Laws, Pollution Prevention and Continual Improvement.
1.3
Environmental policy must be signed-off by the company senior member (MD/CEO)?
2
Environmental Aspects Identified (can be included in your EMP)
2.1
Environmental Risk Assessment register
2.2
Environmental controls and risks identified
2.3
Compliance obligations (National legislation and policies) identified related to
Environmental Aspects that will relate to you executing your work)
3
Environmental resources roles and responsibilities
10
5
Signed Appointment letter stating responsibilities
4
Competence ,training and development
5
Have representatives of the organisation attended environmental law training or
Evidence of an Environmentally related Certificate or Diploma or Degree?
5
Communication
5
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Organisation to provide plan for environmental communications
6
Control of documents
5
All the organisations documents to be controlled
7
Emergency Preparedness
10
Response to Environmental incidents such as bees, wildlife interaction, hydrocarbon
spillages
8
Environmental Method statement for site rehabilitation
10
Method statement of how site will possibly be rehabilitated in different environments
such as in close proximity to water courses, in wetlands on slopes and road reserves
9
Non-conformity and Corrective Action procedure
10
Procedure on management of non-conformances (NCRs in relation to environmental
non-conformances
10
Waste management plan
10
10.1
List of waste streams during construction and register of such waste types
10.2
Management plan for possible waste streams (storage and disposal of waste streams)
11
Environmental Management Plan must include the following detail
20
Access Control
Landowner liaison
Monitoring
Environmental Incident Log
Site establishment
Sanitation
Protection of water resources
Storm Water Management
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Vegetation management
Fencing
Stockpiling
Erosion
Hazardous Substances Management
Heritage Resources
Protection of Fauna
Noise control
Dust
Waste management
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ANNEXURE L – FINANCIAL STATEMENT ANALYSIS
BUSINESS EVALUATION AND ANALYSIS SERVICES
Requirements for financial analysis
In order for the Finance to be able to perform financial analysis of companies / entities for the above
contract, latest 2 years comparative financial statements containing the following information will be
required:
Companies
 Signed Independent Auditors’ Report/Reviewers’ Report
 Directors’ Report
 Statement of Financial Position (comparative figures)
 Statement of Comprehensive Income (comparative figures)
 Statement of Changes in Equity (comparative figures)
 Statement of Cash Flows (comparative figures)
 Notes to the financial statements
Close Corporations







Signed Accounting Officers’ Report
Members’ Report
Statement of Financial Position (comparative figures)
Statement of Comprehensive Income (comparative figures)
Statement of Changes in Equity (comparative figures)
Statement of Cash Flows (comparative figures)
Notes to the Financial statements
Joint Venture
 Signed joint venture agreement indicating percentage shareholding per entity
New or entities that are less than 1 year old
 Owner’s 5-year tax returns
 Owner’s financial position (income and expenditure, assets and liabilities statements)
Applicable to Companies, Entities, JV’s and Close Corporations
 A Signed Guarantee Letter (if a subsidiary which is tendering does not have its own set of
financial statements or its financials are consolidated into that of the Holding company, the
Holding company must provide a guarantee letter which will allow Eskom to utilize its financial
information for the purposes of their subsidiary and to further guarantee any liability which may
arise as a result of a subsidiary failing to perform in terms of the contract).
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February 2023
Other information, where applicable:
1. Parent Company Guarantee (PCG) by the holding company; or
2. Performance Bond from their bank
Please note that the PCG and the Performance Bond should be on an Eskom Legal
approved template.
3. If it happens that the entity does not have a holding company and/or the bank cannot
provide the Performance Bond, the owners of the entity should provide their tax returns for
the past 5 years plus personal financial position.
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ANNEXURE M – Supplier Development, Localisation and Industrialisation (SDL&I)
Section 1: Pre-qualification Criteria for Preferential Procurement
SD&L will apply the following pre-qualification criteria as envisaged in PPPFA 2017 regulation 4
a) Minimum BBBEE status level of contributor?
YES
NO


If Yes, what is the BBBEE status and/or level required
b) Is there BBBEE category targeted for this enquiry?
Level 1-2
YES
NO


If Yes, BBBEE category
EME/QSE
NOTE1: Tenders must submit the following Returnable for B-BBEE Category:



A Certified Copy of a Valid B-BBEE Certificate issued by a SANAS accredited Verification
Agency, or
A Certified Copy of a fully completed Sworn Affidavit for either EME or QSE (See key
notes below on 2.3 ), or
A Certified Copy of B-BBEE Certificate issued by CIPC for EMEs’ only, or
NOTE 2: Joint Ventures can only submit a Consolidated, Valid and Certified Copy of B-BBEE
Certificate issued by a SANAS Accredited Verification Agency specific for this tender.
In addition, the following documents must be submitted (Non Mandatory):

tenderers shall submit certified copies of CIPC registration documents;

Certified Identity Document(s) of Company Shareholders or Members;

Certified copy of Shareholders certificate [for Pty (Ltd) entities].
c) Minimum subcontracting requirement for this?
If Yes, what is the minimum percentage?
YES
NO


N/A
NOTE 1: If subcontracting is part of the pre-qualification criteria (c),
 Sub-contracting agreement/s must be submitted as a tender returnable.
 Valid B-BBEE certificates/ valid affidavits of the sub-contractor/s
Note: Failure to meet the pre-qualification criteria for Subcontracting (submit a Subcontracting agreement/s between Main Contractor and subcontractor
Valid B-BBEE certificates/ valid affidavits of the sub-contractor/s will result in immediate
disqualification, which is elimination from further evaluation
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
Document
Identifier
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Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
A tenderer to subcontract a minimum of 30% to one or more of the following designated groups:
I.
an EME or QSE which is at least 51% owned by black people;
II.
an EME or QSE which is at least 51% owned by black people who are youth;
III.
an EME or QSE which is at least 51% owned by black people who are women;
IV.
an EME or QSE which is at least 51% owned by black people with disabilities;
V.
an EME or QSE which is 51% owned by black people living in rural or underdeveloped
area or townships;
VI.
a cooperative which is at least 51% owned by black people;
VII.
a EME or QSE which is at least 51% owned by black people who are military veterans
Scope that may be subcontracted and/or outsourced:
It is not feasible to sub-contract 30% because of the value of the project, but the items below have
been identified for subcontracting to the local community.





Plant hire
Trenching
Toilets
Site establishment
Staff transportation
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
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Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Section 2: Mandatory Requirements
2.1 Designated Sectors
When applicable the following stipulated minimum threshold for Local Production and Content must be
achieved in full by the tenderer
a) Is this Commodity or part of it a Designated
Sector?
YES
NO


Please indicate below Designated Components
Commodity
N/A
Components
Local Content Threshold
NOTE 1: SBD 6.2 Declaration Form and Annexure C (Local Content Declaration-Summary Schedule) is
therefore mandatory and must be a tender returnable.
2.2 CIDB Skills Development
Continuation of Pre-qualification
a) Is there CIDB compulsory training?
YES
NO


If Yes, what is the% of the Construction Skills Development
Goal % (CSDG)
If the answer above is Yes, it will then be mandatory for the supplier to match Eskom’s targets
Criteria
CSDG Percentage
Eskom Target
N/A
Description
N/A
Tenderer Commitment
Note 3: Failure by the Contractor/Service Provider/Supplier to meet the CIDB CSDG mandatory %
will render their tender non-responsive.
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
2.3 Validity of BBBEE Certificates/Sworn Affidavits
The following must be considered when it comes to validity of Affidavits;
NOTE1: Tenders shall submit the following Returnable for B-BBEE Category:



A Certified Copy of a Valid B-BBEE Certificate issued by a SANAS accredited Verification
Agency, or
A Certified Copy of a fully completed Sworn Affidavit for either EME or QSE (See key
notes below), or
A Certified Copy of B-BBEE Certificate issued by CIPC for EMEs’ only,
KEY NOTES OF DETERMING VALIDITY OF B-BBEE SWORN AFFIDAVITS:
Tenderers submitting B-BBEE Sworn Affidavits must ensure that the affidavits meet the
following key pointers to ensure their validity:

 a) Name/s of deponent as they appear in the identity document and the identity number.
 b) Designation of the deponent as the director, owner or member must be indicated in
order to know that person is duly authorised to depose of an affidavit. (Mark the
applicable option).
 c) Name of enterprise as per enterprise registration documents issued by the CIPC, where
applicable, and enterprise business address.
 d) Percentage of black ownership, black female ownership and designated group. In the
case of specialised enterprises as per Statement 004, the percentage of black beneficiaries
must be reflected. (No blank spaces to be left).
 e) Indicate total revenue for the year under review and whether it is based on audited
financial statements or management account. (Mark the applicable option).
 f) Financial year end as per the enterprise’s registration documents, which was used to
determine the total revenue. (Financial year end to be stipulated by day/month/year).
 g) B-BBEE Status level. An enterprise can only have one status level. (Tick applicable
level)
 h) Empowering supplier status must be indicated. For QSEs, the deponent must select the
basis for the empowering supplier status.
 i) Date deponent signed and date of Commissioner of Oath must be the same. (The sworn
affidavit must be signed in the presence of the Commissioner of Oath. Furthermore
the Commissioner must also sign and stamp)
 j) Commissioner of Oath cannot be an employee or ex officio of the enterprise because, a
person cannot by law, commission a sworn affidavit in which they have an interest.
Note 2: Joint Ventures can only submit a Consolidated, Valid and Certified Copy of B-BBEE
Certificate issued by a SANAS Accredited Verification Agency specific for this tender.
In addition, the following documents must be submitted (Non Mandatory):

tenderers shall submit certified copies of CIPC registration documents;

Certified Identity Document(s) of Company Shareholders or Members;

Certified copy of Shareholders certificate [for Pty (Ltd) entities].
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Section 3: SD&L Undertaking
Tenderers who complete and submit the undertaking as required, but who do not meet Eskom’s
targets, will not be disqualified. SD&L undertakings do not form part of scoring but commitments will
form part of contractual obligations
Enterprise Development
The main contractor will be required to propose development in the following areas;
Support Description
Tenderer Proposal
N/A
Job Opportunities
Tenderer to indicate number of Jobs to be created and/or retained from this contract;
Number of Jobs to be created
Number of Jobs to be retained
Skills Development
Tenderers are required to propose against the following training initiatives;
Category
Intake
Output
Crane Operator x2
Matric
Crane Operator
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Section 5: SDL&I Penalty
Eskom will apply a penalty of 2.5% of the Contract Value for failure to meet SDL&I obligations.
For the duration of the contract, Eskom will retain 2.5% of every invoice (excluding VAT) as
security for the fulfilment of all SDL&I Obligations. The retained amounts shall only be released
to the Contractor upon fulfilment of all SDL&I obligations at the end of the contract.
Alternatively the Contractor shall submit a bond equivalent to 2.5% of the Contract Value and
shall only be released to the Contractor upon fulfilment of all SDL&I Obligations
Section 6: Reporting & Monitoring
The suppliers shall on a monthly basis submit a report to Eskom in accordance with Data
Collection Template on their compliance with the SDL&I obligations described above.
Eskom shall review the SDL&I reports submitted by the suppliers within 60 (sixty) days of
receipt of the reports and notify the suppliers in writing if their SDL&I obligations have not been
met.
Upon notification by Eskom that the suppliers have not met their SDL&I obligations, the
suppliers shall be required to implement corrective measures to meet those SDL&I obligations
before the commencement of the following report, failing which Retention clauses shall be
invoked.
Every contract shall be accompanied by the SDL&I Implementation Schedule which must be
completed by the suppliers and returned to SDL&I representative for acceptance 28 days after
contract award. This will be used as a reference document for monitoring, measuring and
reporting on the supplier’s progress in delivering on their stated SDL&I commitments
ANNEXURE N – SAFETY EVALUATION CRITERIA
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Page 61 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Template
Identifier
Document
Identifier
Effective Date
Review Date
Invitation to Tender
Annexure C 1: SHE Tender
Evaluation Template
(Construction work)
Template Identifier
Document
Identifier
Effective Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
240-43921898
Rev
5
240-77471651
Rev
2
Review Date
Ref
1
2
3
4
5
6
7
October 2016
October 2021
Submission
Yes/No
N/A
KPIs
Actual
score
Annexure B
Is the acknowledgement of Eskom's SHE rules and requirements form
(Annexure B) signed and submitted by the tenderer and witnesses?
OHS Plan ( Applicable to high risk work only)
 OHS organization within the Company- Responsibility & Accountability
 SHE Incident management
 Planning of conduct of work activities including planning for changes and
emergency work
 PPE- Personal Protective Equipment
 Emergency planning and fire risk management
 Vehicle and driver behavior safety
 Contractor or supplier selection and management
 Permits
 Competency, training, appointments
 Hazardous chemical substance management
 Communication and awareness
 Management commitment and visible felt leadership
 COVID – 19 Management
Baseline Risk Assessment (BRA)
Identification, assessment and management of SHE risk related to the scope
of work and Covid-19. The methodology used for the risk assessment must be
provided together with the risk assessment
Valid Letter of Good Standing (COIDA or equivalent)
Valid medical certificates from OHP (at least 2)
SHE policy signed by CEO/MD
Comply to OHS Act Section 7 and OSHAS 18001
SHE Organogram
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
Appointment letters & SHE Competency –
Appointment letters (signed by employee & employer) and qualifications /
certificates
8




First aiders (level 2)
SHE Representative
Incident investigator
Excavations supervisor
TOTAL
Score:
0 = Document not submitted OR submitted but does not satisfy the minimum requirements
1 = Document submitted and the content satisfy the minimum requirements
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Invitation to Tender
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-114238630
Rev 9
N/A
Rev N/A
11 February 2020
February 2023
ANNEXURE O – TAX EVALUATION QUESTIONNAIRE
Supplier Evaluation
Pack - 2020_2021.xls
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Page 64 of 64
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)
Submission
Ref.
KPIs
Y = Yes
N= No
Actual score
Annexure C 1: SHE Tender Evaluation Template (High risk)
Template Identifier
Document Identifier
Effective Date
Review Date
240-43921898
240-77471651
October 2016
October 2021
Rev
Rev
5
2
Comments
N/A = Not
applicable
1
2
Is the acknowledgement of Eskom's SHE rules and
requirements form (Annexure B) signed and submitted
by the tenderer and witnesses?
OHS plan (Applicable to high risk work only)
 OHS organization within the CompanyResponsibility & Accountability
 SHE Incident management
 Planning of conduct of work activities including
planning for changes and emergency work








PPE- Personal Protective Equipment
Emergency planning and fire risk management
Vehicle and driver behavior safety
Contractor or supplier selection and management
Permits
Competency, training, appointments
Hazardous chemical substance management
Communication and awareness
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Page 1 of 4
Submission
Ref.
KPIs
Y = Yes
N= No
Actual score
Annexure C 1: SHE Tender Evaluation Template (High risk)
Template Identifier
Document Identifier
Effective Date
Review Date
240-43921898
240-77471651
October 2016
October 2021
Rev
Rev
5
2
Comments
N/A = Not
applicable

Management commitment and visible felt leadership

Covid-19 management
3
Baseline Risk Assessment
Identification, assessment and management of SHE
risks related to the scope of work and covid-19. The
methodology used for the risk assessment must be
provided together with the risk assessment
4
Valid Letter of Good Standing (COIDA or equivalent)
5
Valid medical certificates from OHP (at least 2)
6
SHE policy signed by CEO/ MDComply to OHS Act Section 7 & OSHAS 18001
SHE Organogram
7
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Page 2 of 4
Template Identifier
Document Identifier
Effective Date
Review Date
Submission
Ref.
KPIs
Y = Yes
N= No
Actual score
Annexure C 1: SHE Tender Evaluation Template (High risk)
240-43921898
240-77471651
October 2016
October 2021
Rev
Rev
5
2
Comments
N/A = Not
applicable
8
Appointment letters & SHE Competency appointment letters (signed by employee & employer)
and qualifications / certificates
-
First aiders (level 2)
SHE Representative
Incident investigator
Excavation supervisor
TOTAL
Approved/ Not Approved
Score:
0 = Document not submitted OR submitted but does not satisfy the minimum requirements
1 = Document submitted and the content satisfy the minimum requirements
Public
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Page 3 of 4
Annexure C 1: SHE Tender Evaluation Template (High risk)
Template Identifier
Document Identifier
Effective Date
Review Date
240-43921898
240-77471651
October 2016
October 2021
Rev
Rev
5
2
Public
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Page 4 of 4
Template
Identifier
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
SHE SPECIFICATION
240-73416879
1
X
Project Name: Civil works for Craighall_Benmore 88kV cable,
associated cable accessories rerouting to Sandpark
substation
Project Address: Craighall Benmore to Sandpark Substation (GOU)
Eskom Contract’s Manager
Name:
Eskom’s Health and Safety Manager
Donovan Kumkaran
Name: Evelyn Mpshe
Eskom’s Procurement Manager
Eskom’s Safety Officer
Name: Bev Proctor- Golding
Name: Kgomotso Tlale
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Page 1 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
Content
1.
Introduction ......................................................................................................................
2.
Supporting Clauses..........................................................................................................
2.1 Scope ............................................................................................................................
2.1.1 Purpose ..................................................................................................................
2.1.2 Applicability .............................................................................................................
2.2 Normative/Informative References.................................................................................
2.2.1 Normative................................................................................................................
2.2.2 Informative ..............................................................................................................
2.3 Definitions......................................................................................................................
2.4 Abbreviations .................................................................................................................
2.6 Roles and Responsibilities .............................................................................................
2.6.1 Commitment ...............................................................................................................
2.5 Related/Supporting Documents .....................................................................................
3.
Specification ....................................................................................................................
3.1 Scope of work ................................................................................................................
3.2 Legal Compliance ..........................................................................................................
3.3 Notification of Construction Work ...................................................................................
3.4 SHE Policy ....................................................................................................................
3.5 COID .............................................................................................................................
3.6 Costing for SHE within the Project .................................................................................
3.7 Statutory Appointments .................................................................................................
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Page 2 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
3.8 Eskom Life-saving Rules ...............................................................................................
3.9 Substance Abuse ..........................................................................................................
3.10 Contractor organisational Structure .............................................................................
3.10.1 Principal Contractor Organogram ..........................................................................
3.10.2 Appointed Contractor/s Organogram .....................................................................
3.11 Risk assessment (refer to 32-520) ...............................................................................
3.12 Construction Sites .......................................................................................................
3.13 Fire Equipment and maintenance ................................................................................
3.14 Flammable and Combustible Liquids ...........................................................................
3.14.1 Refuelling at the construction site ..........................................................................
3.15 First Aid and Equipment ..............................................................................................
3.15.1 Boxes and equipment............................................................................................
3.16 SHE Communication Systems .....................................................................................
3.16.1 Statutory Health and Safety Committees ...............................................................
3.16.2 Non-statutory health and safety committees ..........................................................
3.16.3 Agenda .................................................................................................................
3.16.4 Minutes and action items for all health and safety committee meetings .................
3.16.5 Tool box talks / Daily team talks / pre job meetings ...............................................
3.17 SHE Training ...............................................................................................................
3.17.1 Induction training ...................................................................................................
3.17.2 Site specific induction training ...............................................................................
3.17.3 Visitors to site induction.........................................................................................
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Page 3 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
3.17.4 General training.....................................................................................................
3.18 Contractor Site Establishment .....................................................................................
3.18.1 Site roads ..............................................................................................................
3.18.2 Construction vehicle safety ...................................................................................
3.19 Housekeeping and Order .............................................................................................
3.19.1 Stacking ................................................................................................................
3.20 Workplace Signage and Colour Coding .......................................................................
3.21 Tools and Equipment ...................................................................................................
3.21.1 Hand tools .............................................................................................................
3.22 Auditing .......................................................................................................................
3.22.1 Approval and compliance of principal contractor SHE plan ...................................
3.22.2 Eskom SHE audits ................................................................................................
3.22.3 Contractor audits ...................................................................................................
3.23 Smoking ......................................................................................................................
3.24 Cellular Phones ...........................................................................................................
3.25 Occupational Health, Hygiene and Rehabilitation ........................................................
3.25.1 Medicals ................................................................................................................
3.26 Risk Assessments .......................................................................................................
3.27 Safe Work Procedures and Practices / Safe Operating................................................
3.28 Personal Protective Equipment Requirements .............................................................
3.29 Incident Investigation ...................................................................................................
3.30 Emergency Management .............................................................................................
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Page 4 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
3.31 Non-Conformance and Compliance .............................................................................
3.32 SHE File ......................................................................................................................
3.33 Work Stoppage ............................................................................................................
3.34 Hours of Work..............................................................................................................
3.34.1 Normal work ..........................................................................................................
3.34.2 Night work .............................................................................................................
3.34.3 Overtime ...............................................................................................................
3.35 Omissions from Safety and Health Requirements Specification ...................................
3.36 Contract Sign-Off .........................................................................................................
4.
Acceptance ......................................................................................................................
5.
Revisions .........................................................................................................................
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Page 5 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
1. Introduction
Eskom’s responsibility and commitment is to ensure a safe working environment is in line
with its Safety, Health, Environmental and Quality Policy, along with legislative obligations.
This SHE specification is Eskom the minimum requirements which are required to be met for
the specific contract and for the duration of the contract period by contractors and where
required, the delivery organisation.
The contractor is expected to develop a SHE plan which meets these requirements as
well as all the relevant applicable legislation they conform to.
Eskom in no way assumes the contractor’s legal responsibilities. The contractor is
and remains accountable for the quality and the execution of his/her health and safety
programme for his/her employees and appointed contractor employees.
This SHE specification reflects minimum requirements and should not be construed as all
encompassing.
Note 1: All the requirements listed hereunder are in relation to the contract and do not
supersede or replace any organizational SHE requirements.
Where requirements listed are already in place, then the organisational requirements must
be taken cognisance of and listed in the respective SHE plans. If there are any additional
Eskom and or legislative requirements listed in the SHE specification, then these must be
addressed.
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Page 6 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
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2. Supporting Clauses
2.1 Scope
This SHE specification lists the legislative and Eskom requirements and where applicable,
any requirements pertaining to Local Authorities / Municipal by-laws / Environmental
legislation that must be met by the contractor.
2.1.1 Purpose
This document will provide a standardised approach to the compilation of SHE specifications
throughout Eskom for contracts, standards and NEC 3 contracts.
2.1.2 Applicability
This SHE specification is applicable to any contracting organisation who intends tendering
for the contract.
2.2 Normative/Informative References
Parties using this document shall apply the most recent edition of the documents listed in the
following paragraphs.
2.2.1 Normative
[1]
Basic Conditions of Employment Act No 75 of 1997.
[2]
Occupational Health and Safety Act and Regulations No 85 of 1993.
[3]
National Environmental Management Act 107 of 1998.
[4]
National Road Traffic Act 93 of 1996.
[5]
32-37 Eskom Substance Abuse Procedure.
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[6]
32-136 Contractor Health and Safety Requirements
[7]
240-62196227 Life- saving Rules
[8]
32-95 Environmental, Occupational Health and Safety Incident Management
Procedure
[9]
32-727 SHEQ Policy
1
X
[10] 32- 418 Working at Heights Procedure
[11] 240-62946386 Vehicle and Driver Safety Management Procedure
[12] 32-520 Risk Assessment procedure
[13] Plant Safety Regulations.
2.2.2 Informative
[1]
Tobacco Products Control Act 83 of 1993 (Updated 2011.05.19)
[2]
SANS 1186 Symbolic Safety Signs
[3]
Constitution of the Republic of South Africa No 108 of 1996
[4]
DMN 34-110 Operating A Vehicle Mounted Crane
[5]
DMN 34-1981 Excavations.
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2.3 Definitions
Definition
Explanation
Appointed contractor
Means a contractor appointed by the principal contractor
Baseline risk
assessment
(32-520) baseline operational risks refer to the health and safety risks
associated with all standard processes and routine activities in the business
Business unit (BU)
(32-296) means any defined unit within the Eskom environment, operating as
a business under a particular cost-centre number. In the context of this
document and in terms of health and safety, any reference to a BU includes a
defined unit within any Eskom division and its subsidiaries
Client
(OHS Act) Eskom representative (Internal – Asset Owner), also referred to as
the contract administrator/custodian or agent or project manager (as defined
in the contract). He/she is the person responsible for ensuring that the works
or services are executed in terms of the contract, as well as adherence to
legislation pertaining to the contract.
Competent person
(OHS Act) means any person having the knowledge, training, experience,
and qualifications, specific to the work or task being performed, provided that,
where appropriate, qualifications and training are registered in terms of the
South African Qualifications Authority Act, 1995 (Act No. 58 of 1995)
Contractor
(OHS Act) means an employer as defined in section 1 of the Act who
performs contracted work and includes principal contractors
Construction work
Any work in connection with
a. the construction, erection, alteration, renovation, repair, demolition or
dismantling of or addition to a building or any similar structure.
b.
Consultant
the construction, erection, maintenance, demolition or dismantling of any
bridge, dam, canal, road, railway, runway, sewer or water reticulation
system or the moving of earth, clearing of land, the making of
excavation, piling or any similar civil engineering structure or type of
work.
means a person providing professional advice
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Explanation
Controlled disclosure
controlled disclosure to external parties (either enforced by law or
discretionary)
Duty of care to the
environment
(32-136) anybody who causes or has caused or may cause significant
pollution or degradation of the environment must take reasonable measures
to prevent such pollution or degradation from occurring, continuing, or
recurring. If such harm to the environment is authorised by law or cannot
reasonably be avoided or stopped, such person must minimise and rectify
such pollution or degradation of the environment
Employee
(OHS Act) means, subject to the provisions of subsection (2), any person
who is employed by or works for an employer and who receives or is entitled
to receive any remuneration or who works under the direction or supervision
of an employer or any other person
Employer
(OHS Act) means, subject to the provisions of subsection (2), any person
who employs or provides work for any person and remunerates that person
or expressly or tacitly undertakes to remunerate him/her, but excludes a TES
(ex labour broker) as defined in section 1(1) of the Labour Relations Act 1956
(Act No. 28 of 1956)
Environment
(32-94) means:
a. the land, water, and atmosphere of the earth;
b. micro-organisms and plant and animal life; and
c. any part or combination of (a) and (b) and the interrelationships among
and between them, and the physical, chemical, aesthetic, and cultural
properties and conditions of the foregoing that influence human health
and well-being
Environmental
Management plan
A detailed plan of action prepared to ensure that recommendations for
enhancing or ensuring positive impacts and limiting or preventing negative
environmental impacts are implemented during the life-cycle of a project.
This Environmental Management Plan should preferable form part of
Eskom’s Environmental Management System
Eskom requirements
Eskom requirements flowing from directives, policies, standards, procedures,
specifications, work instructions, guidelines, or manuals
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Explanation
Fall protection plan
(OHS Act) means a documented plan of all risks relating to working from an
elevated position, considering the nature of work undertaken, and setting out
the procedures and methods to be applied in order to eliminate the risk
Hazard
(OHS Act) means a source of, or exposure to, danger
Hazard identification
(OHS Act) means the identification and documenting of existing or expected
hazards to the health and safety of persons, which are normally associated
with the type of construction work being executed or to be executed
Health and safety file
(OHS Act) means a file or other record in permanent form, containing the
information required in relation to the contract.
Health and safety plan
(OHS Act) means a document plan that addresses hazards identified and
includes safe work procedures to mitigate, reduce, or control hazards
identified
Health and safety
specification
(OHS Act) means a document specification of all health and safety
requirements pertaining to associated to a contract, so as to ensure the
health and safety of persons.
Health and safety
requirements
means comprehensive health and safety requirements for a contract, project,
site, and scope of work. This specification is intended to ensure the health
and safety of persons, both workers and the public, and the duty of care to
the environment. The health and safety requirements must be specific to
each contract, project, site, and scope of work
Lifesaving Rules
(240-62196227) a rule that, if not adhered to, has the potential to cause
serious harm to people
Medical Certificate of
fitness
(OHS Act) means a certificate valid for one year, issued by an occupational
health practitioner, issued in terms of the regulations, whom shall be
registered with the Health Professions Council of South Africa
Medical surveillance
(OHS Act) means a planned programme or periodic examination (which may
include clinical examinations, biological monitoring, or medical tests) of
employees by an occupational health practitioner or, in prescribed cases, by
an occupational medicine practitioner
Method statement
(OHS Act) means a written document detailing the key activities to be
performed in order to reduce, as reasonably as practicable, the hazards
identified in any risk assessment
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Explanation
Organisation
may be defined as a group of individuals (large of small) that is cooperating
under the direction of executive leadership in accomplishment of certain
common objects
Pre-job meetings
(34-227) means a meeting that is held prior to the commencement of the
day’s work and that is attended by all the relevant employees associated with
the work task
Principal contractor
(In the text of this document) Means an employer, as defined in section 1 of
the OHS Act, who intends to tender for or has signed a contract with Eskom
for services rendered.
Provincial director
(OHS Act) means the provincial director as defined in Regulation 1 of the
General Administrative Regulations under the Act
Responsible Manager
Is a Manager of a department, section or operating/business unit who has
been appointed as part of the Eskom delegation of authority process with the
aim to assist the applicable 16(2) assigned person in executing his/her duties
in terms of the Occupational Health and Safety Act
Risk assessment
(OHS Act) means a programme to determine any risk associated with any
hazard at a construction site in order to identify the steps needed to be taken
to remove, reduce, or control such hazard.
Site
(34-228) means an Eskom department, unit, complex, building, specific
project, work site, or the site where agents, clients, principal contractors,
contractors, suppliers, vendors, and service providers provide a service to
Eskom, directly or indirectly
Service provider
any private person or legal entity that provides any service(s) to Eskom for
compensation
Subsidiary
(32-94) an enterprise controlled by another (called the parent) through the
ownership of greater than 50% of its voting stock
Supplier
(32-1034)means a natural or legal person who renders a service and may
include the following current or potential supplier vendor, contractor,
consultant
Task
(34-227) a segment of work that requires a set of specific and distinct actions
for its completion
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Explanation
Toolbox talks
(34-227) where the team leader, after conducting pre-task planning, shares
all the tasks at hand and discusses task allocation, the identified risks, and
the control measures with all his/her team members on site before
commencing a specific task and documenting the agreed strategy. (This
shall be done to ensure common understanding of the tasks, risks, and
control measures required.)
The Act
(OHS Act) means the Occupational Health and Safety Act No. 85 of 1993, as
amended, and the Regulations thereto
Visitor
any person visiting a workplace with the knowledge of, or under the
supervision of, an employer.
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2.4 Abbreviations
Abbreviation
Description
AIA
Approved Inspection Authority
BU
Business Unit
CE
Chief Executive
CNC
(Eskom) Customer Network Centre
CR
Construction Regulations of the OHS Act
COID Act
Compensation for Occupational Injuries and Diseases Act
DMR
DoL
Driven Machinery Regulations
Department of Labour ( Inspection and Enforcement services – Provincial office)
EAP
Employee Assistance Program
EP
Emergency Preparedness
ERfW
Environmental Regulations for Workplaces
GAR
General Administrative Regulations
GSR
General Safety Regulations
HCS
Hazardous Chemical Substances
LDV
Light Delivery Vehicle
LoG
(COID) Letter of Good Standing
MSDS
Material Safety Data Sheets
NEMA
National Environmental Management Act
OHS Act
Occupational Health and Safety Act and Regulations, 85 of 1993
SACPCMP
South African Council for the Project & Construction Management Professions
SABS
South African Bureau Standard
SANS
South African National Standard
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2.6 Roles and Responsibilities
2.6.1 Commitment
Visible commitment is essential to providing a safe work environment. Managers,
supervisors and employees at all levels must demonstrate their commitment by being
proactively involved in the day to day operations, in particular the Occupational Health and
Safety aspects of any project / contract. Legislation requires that each employee must take
reasonable care of themselves and their fellow workers, from management level down to the
lowest employee level.
2.6.2 Principal contractors and appointed contractors
Note 1: Most of the roles and responsibilities listed apply to both principal contractors and
any appointed contractors. Where some of the listed do not apply to both, then the specific
responsibilities will be listed and titled. The contractors shall:
1. Carry out all duties as listed in section 8, 9 and 10, the various other regulations that
form part of the OHS Act and Regulation 7 of the Construction Regulations.
2. The principal contractor must notify the provincial director of the Department of
Labour in writing of all construction work if it falls within the scope of Regulation 4of
the Construction Regulations (if this has not been arranged and or done by the
client/agent);
3. Carry accountability and responsibility for the safety and health of their employees
and their appointed contractors within their working area, as contemplated by section
37(2) of the OHS Act;
4. Shall keep a record of all employees including the appointed contractor employees,
including date of induction, relevant skills and licenses and be able to produce this
list at the request of the Eskom Project Manager.
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5. Ensure that all their appointees are made aware of their accountabilities and
responsibilities in terms of their appointment and that they advise and assist these
appointees in the execution of their duties.
6. Ensure that the minimum legislative, regulatory and Eskom SHE requirements are
complied with on all work sites.
7. Give the Eskom project managers and line managers / responsible managers their
full participation and cooperation.
8. Compile a SHE (health and safety) file where all relevant health and safety records
must be kept for each work site.
9. The principal contractor must hand over a consolidated (to include any appointed
contractors files) health and safety file to the Eskom project manager on completion
of the project. This is to include all drawings, designs, lists of materials used and
other applicable information about the completed project, as well as the list of
appointed contractors, the agreement, and the type of work completed.
10. Contractors must hand over a consolidated (to include any appointed contractors
files) health and safety file to the principal contractor on completion of the project.
This is to include all drawings, designs, lists of materials used and other applicable
information about the completed project, as well as the list of appointed contractors,
the agreement, and the type of work completed.
11. The principal contractor must provide the project manager with a certified copy of
his/her Compensation Commissioner’s valid letter of good standing before the
commencement of work and any future renewal letters obtained during the project for
record-keeping purposes. The letter of good standing shall reflect the name of the
contractor’s company. Similarly, the principal contractor must provide the Eskom
project manager with all the valid letters of good standing from their appointed
contractors.
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12. Contractors must provide the principal contractor with a certified copy of his/her
Compensation Commissioner’s valid letter of good standing before the
commencement of work and any future renewal letters obtained during the project for
record-keeping purposes. The letter of good standing shall reflect the name of the
contractor’s company.
13. Appoint competent staff to perform the project work and ensure that all employees
are trained in the health and safety aspects relating to such work and that the
employees understand the hazards associated with all other work being carried out
on the project.
14. Ensure that all employees are conversant with all relevant work procedures and that
they adhere to such procedures. Similarly (without removing the appointed
contractors’ responsibilities), ensure that their appointed contractors and their
employees are conversant with all relevant work procedures and that they adhere to
such procedures.
15. Co-ordinate the activities of all the appointed contractors in the interests of safety and
health;
16. Ensure that potential contractors (whom they intend appointing) submitting tenders
have made detailed provision for the cost of safety and health measures throughout
the project.
17. Stop his /her employees and any appointed contractors if project work is not in
accordance with the health and safety plan or if such work poses a threat to the
health and safety of persons or a risk of degradation to the environment.
18. Take reasonable steps to ensure cooperation between all their appointed
contractors.
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19. Only appoint contractors to do work, if satisfied that the contractor has the necessary
competencies and resources to perform the work safely.
20. Appoint full-time competent employees in writing to supervise the performance of all
specified work throughout the contract period.
Note 2: No work may commence and or continue without the presence of the appointed project
manager or project supervisor during performance of the contracted work.
21. Ensure that the supervisor or manager do not supervise work on any site other than
the site for which such supervisor has been appointed for.
Note 3: In determining the number of appointed competent supervisors, the nature and scope of work
being performed, shall be taken into consideration.
Note 4: If a sufficient number of competent employee(s) have been appointed to assist the
construction supervisor, the construction supervisor may supervise more than one site.
22. Appoint a full or part time safety officer or construction safety officer (registered with
SACPCMP) in writing.
23. Not victimise or dismiss employees, by virtue of the employees divulging health and
safety information or suspecting such information has been divulged, in the interests
of health and safety requirements;
24. Follow a process of disciplinary action if any of their employees or their appointed
contractor employees have transgressed any of the requirements of the health and
safety specification, safety and health plans, site rules or any other requirements.
25. Ensure that all appropriate precautions are taken to protect persons (visitors,
members of the public, and other contractors) present at work or in the vicinity of a
construction site against all risks that may arise from such site.
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26. Before the commencement of any work, conduct risk assessments which shall
include public safety. This should be done by a competent person appointed in
writing with a view to identify hazardous and potentially hazardous work operations.
27. Ensure that pre-task risk assessments are conducted and documented daily and
prior to the starting of any new task, irrespective of whether it is a repetitive task or
not.
28. Take prime responsibility for all aspects of environmental management associated
with the project activity for which they are responsible.
29. Provide any appointed contractor who is making a bid or is appointed to perform
work on Eskom’s behalf, with the relevant sections of the documented Eskom’s SHE
Specification.
30. Principal contractors are required to approve appointed contractor’s health and safety
plans if they meet all the requirements.
31. Must ensure that an organisation medical surveillance programme for the duration of
the contract is in place and maintained.
32. Prior to having pre-employment and periodic medicals fitness examinations
conducted, person/man job specifications must be compiled and handed to the
occupational health practitioner.
33. Ensure that pre-employment, periodic and exit medicals are carried out on their
employees. Medical assessments must be conducted by a registered Occupational
Health Practitioner. During the pre-employment medical, where employees will be
required to work at heights, they will also be required to undergo the required
employee physical and psychological fitness examinations.
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34. Ensure, prior to the commencement of construction work, that all persons involved in
the project work, as well as the appointed contractors, have received a health and
safety induction training session. Similarly, ensure that all visitors to site undergo the
site’s induction training.
35. Ensure, prior to the commencement of construction work or contracted work, that all
their employees involved in the project work, as well as the appointed contractors,
have received task-specific training.
36. Issue risk-based personal protective equipment (PPE) as a measure of last resort to
their employees, inspect such equipment regularly and ensure recipients of PPE are
trained in the proper use, care and where necessary, the maintenance of PPE;
Note 5: should the principal contractor or his/her appointed contractors entertain visitors on site, they
will be held responsible for the provision and wearing PPE.
37. Erect their own site huts, temporary buildings, storage areas, toilets, fencing, and any
other structure as may be required. Any such structures shall be positioned and
erected in compliance with any instructions from the Eskom project manager and the
relevant site safety and fire prevention requirements;
38. On completion of the work remove all structures erected by them, and where
required by law rehabilitate the environment.
39. Where performing work with the environment, ensure that minimal damage is done
and that where an Environment Management Plan is in place, then adhere to the
plan.
40. Respect the rights of land owners/lessors and the preservation of their registered
activities;
41. Must have a substance abuse program which must be in line with the requirements
of the OHS Act.
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42. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on the work sites.
Note 6: Eskom will not tolerate the presence of anyone who is or who appears to be under the
influence of alcohol or any other intoxicating substance whilst performing work for them or on any
work site.
43. Ensure that all equipment and tools used comply with OHS Act requirements with
respect to condition, use, care, storage, maintenance, and the management of these;
44. Ensure that all incidents are reported and investigated timeously by competent
incident investigators.
45. Be involved in all of their appointed contractor’s investigations.
46. Establish health and safety committees, hold such committee meetings on all sites,
and ensure that appointed contractors participate in their health and safety meetings.
47. Chair their own health and safety committee meetings and record such meetings.
48. Appoint sufficient number of health and safety representatives in terms of legislative
requirements and ensure that the appointed contractors appoint health and safety
representatives for their work sites.
49. When appointing contractors, advise the project manager in writing timeously and
obtain his/her approval prior to them commencing work.
50. Shall keep a record of all employees including the appointed contractor’s employees,
including date of induction, relevant skills and licenses and be able to produce this
list at the request of the Eskom Project Manager.
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accessories rerouting to Sandpark
substation
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2.6.3 Construction Managers/ Contract Managers
Note 1: No work may commence and or continue without the appointed supervisor or manager during
the performance of the contracted work.
1. Not supervise construction work on any construction site other than the site they
have been appointed to supervise;
2. Assist the contractor and/or the appointed safety officer in conducting site induction
training for new staff and site visitors;
3. Instruct and train all employees under their control on any hazardous and related
work procedures, before any work commences and thereafter, at such times as may
be determined by a risk assessment;
4. Ensure that the minimum legislative and Eskom SHE requirements are complied with
on all work sites;
5. Stop any construction work that is not in accordance with the safety and health plan
or if such work poses a threat to the safety and health of persons or a risk of
degradation to the environment;
6. Ensure that risk-based personal protective equipment (PPE) has been issued and
employees wear/use the PPE as instructed.
7. Inspect such PPE on a regular basis and record the inspections;
8. Ensure that all incidents are reported to the client and are investigated.
9. Be involved in all investigations that occur within their area of responsibility.
10. Carry out audits and or inspections on their contractors at least monthly and any
appointed contractors on instructions of their contractor.
11. Ensure that employees under their control are conversant with all relevant work
procedures and that they adhere to such procedures;
12. Before the commencement of any work, where possible, assist in the conducting of
risk assessments and ensure that appropriate mitigating measures have been
considered and implemented.;
13. Ensure that daily or pre-task risk assessments are conducted and documented daily
and prior to the starting of any new task, irrespective of whether it is a repetitive task.
Ensure that the team are involved in the abovementioned risk assessments;
14. Hold tool box talks at the start of each day/ task to discuss health and safety issues
as well as confirming the requirements of the daily risk assessments;
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88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
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20 February 2016
Review Date
February 2020
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15. Ensure that all appropriate precautions are taken to protect persons (visitors,
members of the public, and other contractors) present at work or in the vicinity of a
construction site against all risks that may arise from such site.
16. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on, the premises / work sites and that no employee remains on site if he/she is under
the influence. Furthermore, report such instances to contract management;
17. Ensure that all equipment and tools used on site comply with OHS Act requirements
with respect to condition, use, care, storage, maintenance, and the management of
these.
18. Ensure that they and their contractor managers give clear and unambiguous
instructions for the project work, to the employees for whom they are responsible for.
19. Not victimise their employees by virtue of their employees divulging health and safety
information or suspecting such information has been divulged, in the interests of
health and safety requirements (reference – section 26 of the OHS Act).
20. Where any work is performed which involves the environment, ensure that minimal
damage is done to the environment and that where an Environment Management
Plan is in place, then the plan adhere to the plan.
21. Stop any employee or contractor from performing construction work which is not in
accordance with the principal contractor’s and or appointed contractors health and
safety plan which poses a threat to the health and safety of persons.
2.6.4 Contractor site supervisor or Contract Supervisor
Must:
1. Be competent to perform the required supervisory tasks;
2. Ensure their employees and all appointed contractors comply with the required
statutory and Eskom project requirements;
3. Inspect all work done by the Contractors to ensure adherence to Eskom’s standards
and specifications
4. Conduct follow-up inspections to ensure findings are closed out and preventative
action is in place.
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accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
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Identifier
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5. Monitor contractors for adhere to statutory requirements and safety standards.
6. Monitor contractors overall SHE performance on site in order to achieve excellent
results
7. Ensuring a Safe working environment is established and maintained by the
contractor for the elimination of unsafe acts by all people whilst on the project site.
8. Discuss all SHE related problems with the relevant contractor management timeously
in the first instance and thereafter the Eskom project manager in the second instance
relating to procedure requirements, non-conformance’s identified, corrective actions,
audits and inspection schedules.
9. Ensuring that quality records are maintained in accordance with legislative and
Eskom requirements;
10. Continual liaison between the principal contractor, appointed contractors and
employees.
11. Ensures that employees and appointed contractors are aware of latest standards,
procedures, work instructions and safety regulations issued by Eskom:
12. Conduct site Inspections for compliance to SHE requirements and compiles the
relevant inspection reports.
13. Submit the observation reports to the relevant management.
14. Have meaningful participation in the project statutory health and safety committee
meetings.
15. Participate in all appointed contractor incident investigations.
16. Participate in the principal contractors emergency preparedness planning.
17. Ensure that their own employees and those of any appointed contractor are
competent to perform the tasks assigned.
18. Issue site instructions on behalf of the principal contractor where and when the
appointed contractors deviate from safety requirements.
19. Assist the principal contractor with the handing over process, in particular the SHE
file and relevant documentation.
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88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
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20 February 2016
Review Date
February 2020
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2.6.5 Employees
Must:
1. Be responsible for their own safety and health and that of their co-workers;
2. Co-operate with their employer to meet all of the employer’s as well as legislative and
Eskom requirements;
3. Familiarise themselves with their responsibilities during induction and awareness
training sessions, some of which are:
a. familiarising themselves with their workplaces and safety and health
procedures;
b. working in a manner that does not endanger them or cause harm to others;
c. ensuring that the work area is kept tidy;
d. reporting all incidents and near misses;
e. protecting fellow workers against injury by performing job observations;
f. reporting unsafe acts and unsafe conditions;
g. reporting any situation that may become dangerous; and
h. carrying out lawful orders and obeying safety and health rules;
4. Who become aware of any person disregarding a safety notice, instruction, or
regulation, immediately report this to the person concerned. If the person persists,
stop that person from working, and report the matter to contractor management
and/or Eskom’s project manager or supervisor immediately.
5. Not damage, alter, remove, render ineffective, or interfere with anything that has
been provided for the protection of the site or for the health and safety of persons this
includes any guarding of machinery or equipment.
6. Obey any safety signs and adhere to any site demarcation at all times.
7. When entering or leaving the site, do so via the official designated access/departure
routes. Where reflective jackets/bibs are required to be worn, wear them.
8. Be subjected to any disciplinary action, if having transgressed any of the
requirements of the health and safety site rules, Eskom requirements, company
requirements, or legislative requirements.
9. Avoid any act that may endanger their own health and safety or that of fellow
employees, members of the public, or visitors who may be affected by their acts
and/or omissions at work.
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88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
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Identifier
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10. Have the right to obtain proper information from their employer regarding health and
safety risks and measures related to the work processes.
11. Use facilities placed at their disposal and not misuse anything provided for their own
protection or that of others.
12. Have the right to remove themselves from danger when they have good reason to
believe that there is an imminent and serious danger to their health and safety and
have the duty to inform their supervisor immediately of such danger.
13. Report to their supervisor (in the first instance), the principal contractor (in the second
instance), and/or the Eskom project manager, any substandard acts and/or
conditions that have come to their attention and that have not been rectified or acted
on by their contractor management timeously.
14. Have the right and the duty at any workplace to participate in ensuring healthy and
safe working conditions, to the extent of their control, over the equipment and
methods of work adopted.
15. Maintain the surrounding area of the work site in a neat and tidy condition.
16. Have meaningful participation in regular health and safety meetings.
17. Have the right to refuse to perform or continue to perform any task/job on the
grounds of health, safety, and environmental concerns.
18. When given instructions, understand the instructions and be permitted to clarify those
instructions.
2.6.6 Contractor Health and Safety officer
1. Promote a SHE culture within the organisations involved in the project / contract.
2. The contractor’s safety and health officer shall assist in the control of all health and
safety-related matters on the sites.
3. Be involved in the developing the project SHE plan and SHE policy.
4. Be in constant liaison and cooperate with Eskom’s SHE professionals responsible for
providing them with a health and safety service.
5. Ensure that this SHE specification is adhered to by his/her principal contractor and is
submitted to any appointed contractors.
6. Conduct audits and inspections of all work sites for the duration of the project.
7. Be involved in the organisations incident investigations when required.
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accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
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20 February 2016
Review Date
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8. Participate in the organisation’s statutory and non-statutory health and safety
committees meetings.
9. Conduct organisational, site and visitor induction training.
10. Stop any employee or contractor from performing construction work which is not in
accordance with the principal contractor’s and or appointed contractors health and
safety plan which poses a threat to the health and safety of persons.
11. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on, the premises / work sites and that no employee remains on site if he/she is under
the influence. Furthermore, report such instances to contract management.
12. Make themselves available and ensure co-operation of employees under their control
to undergo breathalyser and drug testing while entering and/or being on any Eskom
work site by Eskom.
13. Carry out audits and or inspections on their contractors at least monthly and any
appointed contractors on instructions of their contractor;
14. Carry out frequent behaviour observations of employees under their control at least
monthly and any appointed contractors on instructions of their contractor.
2.7 Related/Supporting Documents
Eskom OHS Act section 37 (2) agreement to be signed at procurement during the signing of
the NEC contract, it is the responsibility of the project manager to ensure that the 37(2)
agreement is signed and a copy be kept in the contractor file at procurement.
3. Specification
3.1 Scope of work
1: Craighall – Benmore 3, connect Sandpark
Primary Plant:
Loop-in-out Sandpark substation on the Craighall –Benmore 3 feeder with approximately 2
x 800m 1000mm2 XLPE cables.
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Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
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Include fibre ducting and man holes on the Sandpark/Craighall and Benmore/Sandpark
loop in
cables.
Terminate 2 x new 1000mm2 XLPE cables to the old Craighall 1 & 2 bays.
JOB 2: Benmore–Craighall 3, Rename to Sandpark
Primary Plant:
Relabel at Craighall the Benmore 3 feeder to Sandpark 2.
CONTROL PLANT SCOPE OF WORK - PROTECTION
Install, test and commission the 88kV Craighall 2 Feeder using the 4FZD3920 Line
Differential Scheme. (1 x CT/JB).
Update the 88kV Bus Zone Drawings with regards to the new 88kv Craighall 2feeder
SCADA
Commission the 88kV Craighall 2 Feeder alarms, test it to control and update the IDF
database.
Telecomms
N/A
JOB 3: Sandpark – connect new incomers
Rename Craighall 1 old bay to Benmore 1.
Replace/upgrade control plant equipment to match with Benmore and Craighall schemes.
CONTROL PLANT SCOPE OF WORK
PROTECTION
Decommission the existing 88kV Craighall 2 Feeder Protection Scheme. Scheme to be
recovered to the Panel Shop.
Install, test and commission the 4FZD3920 Line Differential Scheme on the 88kV Craighall
2 Feeder which is to become the 88kV Craighall 1 Feeder. (This is to match the 88kV
Benmore 3 Feeder Scheme installed at Craighall which will become the 88kV Sandpark 1
Feeder.)
Decommission the existing Transformer 1 Line Bank (2TF2100) Scheme. CPM to recover
all usable Relays for Spares. The remainder to be scrapped on site.
Install, test and commission the 4FZD3920 Line Differential Scheme on the 88kV Craighall
1 Feeder which is to become the 88kV Benmore Feeder. (This is to match the 88kV
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Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
Craighall 3 Feeder Scheme installed at Benmore which will become the 88kV Sandpark
Feeder.)
Install, test and commission the 88/44kV Transformer 1 using the 4TM7100 Transformer
Protection and the 4TC5200 Tap Change Control Schemes.
METERING
Update the 88kV Stats Metering Drawings w.r.t. the 88kV Craighall 2 Feeder becoming the
88kV Craighall
1 Feeder Stats. Modify, test and commission the 88kV Stats Metering.
Update the 88kV Stats Metering Drawings with regards to the 88kV Craighall 1 Feeder.
Modify, test and commission the 88kV Stats Metering. (1 xfeeder)
SCADA
Commission the 88/44kV Transformer 1, the 88kV Craighall 1 and the 88kV Benmore
Feeder alarms, test it to control and update the IDF database.
DC
N/A
TELECOMMS
N/A
The Labour or Civil scope below:
1. PRELIMINARIES & GENERAL
• Every Invoice to be signed and verified by QuantitySurveyor for payment.
• Site Establishment
• PPE, Total Labour Value
• Risk Assessment Procedure, QM, QualityManagement System, Health and Safety
Specification, Environmental Plan, Safety inspections, OHSA appointments, NonCorformance
Process to be available in office. ( Once off payment per year contract after certification )
Total Labour Value
• Overheads for project (This includes paperwork, office overheads, telephone calls etc.)
Total Labour Value
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88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
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HV Cable
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• Environmental Compliance & Site maintenance
• De-establishment & Rehabilitation of Site
• Facilities for security (Guard house, toilet etc.)
• CLO
Transport
• LDV
• Personnel Transport for Staff
• 10 m³ Tipper Truck
• 6 m³ Tipper Truck
• Transport Truck 2-4 ton
• Transport Truck 5-8 ton
• Transport Truck 5-8 ton with crane
Note: The contractor who will be awarded this contract will be known as the “principal contractor” and
any contractor appointed by the principal contractor will be known as the “appointed contractor.
3.2 Legal Compliance
3.2.1 Section 37(2) (Legal) Agreement
A section 37(2) agreement must be signed between Eskom and the principal contractor at
the time of awarding the contract. The principal contractor must ensure that a section 37(2)
agreement is compiled between the principal contractor and all their appointed contractors
for the contract.
The original copy of the section 37(2) Agreement must be retained by the contractor and a
copy retained by the responsible project manager.
A copy of all the agreements must form part of the respective contractor’s SHE file.
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88kV cable, associated cable
accessories rerouting to Sandpark
substation
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HV Cable
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repairs
20 February 2016
Review Date
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3.2.2 Hazardous work by children (Child Labour)
The constitution of the Republic of South Africa, in the “Bill of Rights” is clear on the rights of
children, especially when it comes to:
1. being protected from exploitative labour practices;
2. not to be required or permitted to perform work or provide services that
i. are inappropriate for a person of that child’s age; or
ii. place at risk the child’s well-being, education, physical or mental health or spiritual,
moral or social development;
and the Basic Conditions of Employment Act, Chapter six Section 43 “Prohibition of
employment of children”.
Before resorting to the use of child labour, due consideration must be given to the rights of
the child in terms of the constitution. Where work is being performed which is not prohibited
in terms of the constitution, then such work must be conducted in terms of the OHS Act
“Regulations on Hazardous Work by Children in South Africa” with emphasis on paragraph 2
Purpose and Interpretation. Eskom does not condone the use of child labour and therefore
all effort must be exercised and child labour should not be used.
3.2.3 OHS Act
The principal contractor and appointed contractors shall have an up to date copy of the OHS Act and
regulations which will be available to all employees.
3.2.4 Legislative compliance
All contractors will comply with all the legislation pertaining to this contract being:
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accessories rerouting to Sandpark
substation
240-73416879
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The principal contractor and all appointed contractors will comply with all the legislation
pertaining to this project being:
 The Constitution of the Republic of South Africa (particularly Section 24 of the Bill of
Rights).
 Occupational Health and Safety Act 1993 (Act 85 of 1993) and its Regulations.
 National Environmental Management Act 1998 (Act 107 of 1998).
 Environment Conservation Act 1989 (Act 73 of 1989).
 National Water Act 1998 (Act 36 of 1998).
 Civil and Building Work Act.
 National Road Traffic Act 93 of 1996.
 Compensation for Occupational Injures and Diseases Act.
 SANS Standards –Contractor shall use the relative standards applicable to the project.
3.3
Eskom Requirements
All contractors shall, before commencement of the project ensure that all their employees
are familiar with the relevant Eskom SHE documentation that is applicable to contract
services.
3.4
Construction Professional Registration
The principal contractor and all his/her appointed contractors shall be registered in their
respective levels as professionals in terms of the requirements of the SACPCMP.
The SACPCMP web address is http://www.sacpcmp.org.za
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accessories rerouting to Sandpark
substation
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 SHE professionals (which include Construction Safety Officers) are required to register
as professionals with the SACPCMP.
 Construction Managers are required to register as professionals with the SACPCMP.
 Construction agents are required to register as a professional with the SACPCMP.
3.5 Notification of Construction Work
Unless otherwise contractually agreed upon, the principal contractor must notify the relevant
provincial director of the Department of Labour of the intention of carrying out any
construction work as defined in Construction Regulation 4 of the Act. The notification form of
construction work is listed as an annexure to the construction regulations of the OHS Act. A
copy of the notification letter sent to the DoL shall be forwarded to the Project Manager on
the same day as sent to the DoL. A copy of the letter and their approval must be kept in the
SHE file. When the DoL provide a letter of approval, a copy of the approval must be sent to
the Eskom Project Manager and a copy filed in the SHE file.
3.6 SHE Policy
SHE policy is a statement of intent and a commitment by the organisation’s CE and senior
management in relation to the relevant SHE roles and responsibilities, the achievement of
their strategic objectives, values of integrity, customer satisfaction, excellence, and
innovation.
The principal contractor and all appointed contractors, if already not in place, will be required
to compile an organisational SHE policy in line with their SHE responsibilities. The policy
must be signed by the organisation’s CE or the appointed assistant to the CE OHS Act
Section 16(2). The policy must be displayed in a prominent place within the workplace. A
copy of the policy must be filed in the contractor SHE files and attached as an annexure in
the SHE Plan.
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COID
The principal contractor and all his/her appointed contractors shall be registered with an
appropriate employment compensation commissioner and have available a valid letter of
good standing (LoG) from such commissioner. The obligation lies with the contractors to
ensure that the LoG remain valid throughout the contract period. A copy of the LoG must be
filed in the contractor SHE files.
3.8 Costing for SHE within the Project
The costing for SHE must be itemised based on the overall scope of the project (i.e.)
Training, provision of PPE, safety equipment purchases etc.
3.9
Statutory Appointments
For the duration of the contract, the principal contractor and all appointed contractors shall
appoint competent employees who will meet the requirements of the OHS Act. Where
appointments are made, contractors shall ensure that the appointees have been suitably
trained and or informed of their responsibilities before getting them to accept such
appointment. The relevant statutory appointments shall be made in accordance with the
requirements of the OHS Act which includes the requirement of a competent person being
appointed in the relevant roles. The statutory appointments should include but not limited to
the following:
 OHS Act Construction Regulation 8(1) - Construction Manager (Full time)|
 OHS Act Construction Regulation 8(7) – Assistant Construction Supervisor
 OHS Act Construction Regulation 8(5) – Construction Health and Safety Officer
 OHS Act General Administrative Regulation 9(2) – Incident Investigator
 OHS Act Section 19 (3) - Health and Safety Committee Member
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accessories rerouting to Sandpark
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 OHS Act Section 19(6)(a) – Co-opted Health and Safety Committee member
 OHS Act Hazardous Chemical Substances Regulation 3(3) Hazardous Chemical
Substances Co-coordinator
 OHS Act, Section 17 – Health and Safety Representative.
 OHS Act General Machinery Regulation 2(1) – Supervision of Machinery
 OHS Act Construction Regulation 7(1)(V) Appointment of a Contractor (if appointing
subcontractors)
 OHS Act Construction Regulation 9(1) - Person to Compile Risk Assessments
 OHS Act Construction Regulation 10(1) - Competent Person to Compile Fall Protection
Plan
 OHS Act: Pressure Equipment Regulations 11 & 12 Portable Gas Container Inspector
 OHS Act: Construction Regulations 11(1) Person to Supervise Excavation Work
 OHS Act: Construction Regulations 16(1) Scaffolding Supervisor
 OHS Act: Construction Regulations 23(1)(d)(i) Construction Vehicle and Mobile Plant
Operator
 OHS Act: Construction Regulations 24(c) Electrical Installations and Machinery on
construction sites
 OHS Act: Construction Regulations 28(a) Stacking and Storage Supervisor on
Construction sites
 OHS Act: Construction Regulations 29(h) Firefighting Equipment Inspector
 OHS Act General Safety Regulations 3(4) – First Aider/s
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3.9.1 Non-statutory appointments
 Eskom requirement – Emergency Planning Co-coordinator
 Eskom requirement - Chairperson of Health and Safety Committee
3.10
Eskom Life-saving Rules
1. Eskom views health and safety in high esteem and encourages that any organisation
who performs work for Eskom in Eskom adopt the same view.
2. Five Life-saving rules have been developed that will apply to all Eskom Employees,
agents, consultants, and contractors. Failure to adhere to these rules by any Eskom
employee or employee of a Principal Contractor or appointed contractor will be
considered a serious transgression. These rules are being implemented to prevent
serious injury or death of any employee, labour broker or contractor working in any
area within Eskom.
3. If any contractual work will be performed on any Eskom premises (including delivery
of any product), then the rules shall be obeyed by any contractor and their
employees.
The rules are:
RULE
DESCRIPTION OF RULE
OPEN, ISOLATE, TEST, EARTH, BOND, AND/OR INSULATE BEFORE TOUCH
Rule 1
( That is plant, any plant operating above 1000 V)
HOOK UP AT HEIGHTS
Rule 2
Working at height is defined as any work performed above a stable work surface or
where a person puts himself/herself in a position where he/she exposes
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himself/herself to a fall from or into.
BUCKLE UP
Rule 3
No person may drive any vehicle on Eskom business and/or on Eskom premises:
Unless the driver and all passengers are wearing seat belts.
BE SOBER
Rule 4
No person is allowed to be under the influence of intoxicating liquor or drugs while on
duty
PERMIT TO WORK
Rule 5
Where an authorisation limitation exists, no person shall work without the required
permit to work.
Eskom will take a stance of zero tolerance on these rules.
Non-compliance to a Life Saving rule will be considered serious misconduct and will lead to
serious disciplinary action, which may include dismissal.
This is to ensure that every person who works on or visits an Eskom returns home safely
to his or her family.
3.11 Substance Abuse
1. Alcohol and substance abuse poses a significant threat to any business, more so in
industrial incidents and the driving of vehicles. Eskom is therefore, entitled to take
reasonable steps to ensure that intoxicated persons are identified and prevented
from entering Eskom.
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2. General Safety Regulation 2A is clear on the legal stance regarding intoxication.
3. The alcohol and drug permissible level is 0%.
4. All contractors shall comply with Eskom’s procedure 32-37 (“Substance Abuse
Procedure”), taking in to account that this is an Eskom Life-saving Rule number 4:
BE SOBER”), this means anyone entering the Eskom will be subjected to ad hoc
alcohol testing.
5. Contractors are encouraged to compile their own manual and to carry out regular
alcohol testing of their own employees. The legislative alcohol level is deemed to be
zero.
6. Test records must be treated as “Confidential” and filed in the employees’ personal
file.
3.12 Contractor organisational Structure
3.12.1 Principal Contractor Organogram
The principal contractor must provide an organisational organogram related to this contract,
depicting all the levels of responsibility from the CE down to the supervisors responsible for
the contract. List the relevant positions held, names of appointees and legal appointments.
The principal contractor must ensure that all appointed contractors comply with this
requirement. The principal contractor is responsible for keeping copies of all the
organograms’ as well as submitting them with the SHE plan. All organograms shall
beupdated timeously when appointments are changed.
This diagram must be kept up to date and filed in the project SHE files.
3.12.2 Appointed Contractor/s Organogram
1. Appointed contractors are required to compile their company organogram for the
project, listing the reporting structure from their CE down to their project supervisors.
The diagram must list the names, positions held and any appointments made.
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2. This diagram must be kept up to date, a copy of which must be given to the principal
contractor and a copy filed in the relevant project SHE files.
3. This diagram must be kept up to date and filed in the project SHE files.
3.13 Risk assessment (refer to 32-520)
It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry
out risk assessments, to establish which risks and hazards are attached to the health and
safety of persons due to any work which is performed, any article or substance which is,
handled, stored, transported. A risk assessment is defined as an identification of the hazards
present in an organisation and an estimate of the extent of the risks involved, taking into
account whatever precautions are already being taken.
It is essentially a three stage process:

identification of all hazards;

evaluation of the risks;

Measures to control the risks.
Risk assessments are required to be maintained. This means that significant changes to a
process or activity, or any new process or activity should be subjected to a risk assessment
and that if new hazards come to light during the work process, then these should also be
subjected to risk assessments. Risk assessments for long term processes should be
periodically reviewed and updated. Method statements or written safe work procedures are
an effective method as information and record of the way jobs / tasks must be performed.
Daily or issue based or task specific or on the job risk assessments must be conducted at
the place where work is to be performed/ conducted to allow managers and employees to
assess any inherent risks that could have been overlooked during the initial risk assessment
or any changes that might have occurred in a period of absence. For example if a job / task
is extended over a day or halted due to inclement weather.
Guidelines for actual steps involved in a job/task specific risk assessment are:

Each activity is listed;
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Specific hazards are identified and listed against each activity;

The magnitude of each risk is rated as Low. Medium or High;

All known documentary and supervisory controls are listed. For instance: What safe
work procedures exist for ladders;

The relevance, effectiveness and sufficiency of these controls are assessed;

In the event of insufficient or deficient controls for the particular activity, steps to be
taken to rectify this shall be recorded, and safe working procedures drawn up;

Persons responsible for implementing and supervising the task shall be identified,
nominated and duly assigned;

Persons responsible for monitoring the task and carrying out the planned job
observation must be nominated;

Completed risk assessment shall be handed to the Eskom project manager
representative for comment and approval.
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The relevant section of the risk assessment shall be issued with a Transmittal Note to the
Supervisor nominated as the responsible person; and the names of workmen who have
received instruction on the work content and the sequence of the activities listed in the risk
assessment shall be recorded, and their competence established. This instruction shall be
done through an interpreter if required and recorded on the Pre-Job Brief (Daily Safe Task
Instructions), with reference to applicable Risk Assessments.
3.14 Safe work procedures / method statements
Method statements / written safe work procedure are control measures used to prevent an
incident from occurring during the execution of the project. A written safe work procedure/
method statements provide guidance how to execute the task safely. A safe working
procedure should be written when:a. Designing a new job or task;
b. Changing a job or task;
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c. Introducing new equipment or substances; and
The safe working procedure should identify:
d. The supervisor for the task or job and the employees who will undertake the task;
e. The tasks that are to be undertaken that pose risks;
f. The equipment and substances that are used in these tasks;
g. The control measures that have been built into these tasks;
h. Any training or qualification needed to undertake the task;
i.
The personal protective equipment to be worn;
j. Actions to be undertaken to address safety issues that may arise while undertaking
the task.
3.15 Construction Sites
Note1:No area is to be stripped of vegetation to create firebreaks, to prevent or make fires. No open
fires are allowed on site. The contractor must ensure that operations are in compliance with statutory
requirements at all times.
1. The contractor must develop a fire safety procedure for the construction site prior to
commencing work. The procedure must take into consideration the size of the site/s,
the type of work performed and amount of combustible materials. Cognisance of
OHS Act CR 29 must be made.
2. It must be developed in accordance with the hot work permit of the Eskom Plant
Safety Regulations, Eskom Fire Risk Management requirements and all other
applicable Regulations. All workers entering and working in the construction site
need to be trained in fire safety and any duties they are required to perform.
3. A suitable fire warning system for alerting site personnel of fire shall be provided, and
capable of being heard in all areas of the site.
4. Appropriate portable extinguishers must be available on the construction site and in
cases of hot work, be readily available at the location.
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5. Storage of combustible and flammable liquid in the construction site is not permitted
unless stored in approved flammable cabinets or outdoors away from the buildings.
6. Site Smoking Restrictions must be enforced. No open flames are permissible and
where hot work is performed, the work areas must be cleared of any combustibles
prior to commencement of work.
3.16 Fire Equipment and maintenance
1. All firefighting equipment’s that have been provided shall:
a. Be clearly labelled
b. Conspicuously numbered
c. Entered in a register
d. Inspected monthly by a competent person
2. Tested and serviced at recommended intervals by an accredited supplier
3. Results entered in the register and signed by competent person.
3.17
Flammable and Combustible Liquids
1. Proposals to store fuel on site must have written approval from the Eskom Project
Manager. The volumes of fuel allowed to be stored will depend on site conditions and
Statutory Regulations.
2. A maximum storage of 40 litres of fuel is allowed to be stored. Anything greater than
40 litres to be stored in a flammable/combustible liquid store.
3. Adequate numbers of dry chemical fire extinguishers, each with a minimum capacity
of 4.5 kg, shall be provided, installed and maintained.
4. All fuel storage areas must comply with the following requirements: a. Storage should be well clear of buildings.
b. Storage areas must be kept free from all combustible materials.
c. All Safety signs must be prominently displayed i.e.
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 Flammable Liquid.
 No Smoking.
 No open flames.
5.
6.
7.
8.
d. Adequate firefighting equipment must be available.
Diesel tanks are to be installed in a bunded area; bunded area must be able to
contain 110% of tank capacity.
Bunded area shall be of a concrete or steel construction and lined with a leak proof
sealing material.
Bunded area shall have a drain valve.
No other material/equipment shall be stored in the bunded area.
3.18.1 Refuelling at the construction site
With the exception of construction vehicles and mobile equipment, before a machine is
refuelled, the motor must be stopped. Refuelling shall take place at designated safe areas
and appropriate warning signs installed. Suitable drip trays must be used to prevent spillage
at the filling nozzle.
3.19
First Aid and Equipment
1. The requirements of the OHS Act GSR 3 must be observed.
2. First aid appointments must be made to meet the requirements, this includes
construction sites. Appointees must be trained to level 2. It is good practice for all
employees to be trained to at least level 1.
3. When appointing employees for work sites, cognisance must be taken into account
the type of work performed, the distance teams are working apart and the terrain to
be covered if an emergency should arise.
4. A list of emergency numbers must be displayed on the notice boards and made
accessible for all employees.
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Principal Contractor must ensure that his /her employees and appointed contractor
employees are familiar with the emergency numbers.
6. Contractors shall have one first aid box for the first 5 persons and thereafter one for
every 50 or team of workers on site or part thereof, taking into account the type of
work performed and the distance between teams.
7. More first aid boxes shall be provided in accordance with the risk assessment. Boxes
must be available and accessible for the immediate treatment of injured persons at
the workplace.
8. For offices, signs indicating where the first aid box or boxes are kept as well as the
name and contact details of the First Aider of such first aid box or boxes shall be
erected.
9. The Principal Contractor and appointed contractor shall ensure that alternative
arrangements be made for incidents occurring after working hours.
3.19.1 Boxes and equipment
The following is a list of minimum contents of a first aid box:

Item 1: Wound cleaner/antiseptic (100ml).

Item 2: Swabs for cleaning wounds.

Item 3: Cotton wool for padding (100 g).

Item 4: Sterile gauze (minimum quantity 10).

Item 5: 1 Pair of forceps (for splinters).

Item 6: 1 Pair of scissors (minimum size 100 mm).

Item 7: 1 Set of safety pins.

Item 8: 4 Triangular bandages.

Item 9: 4 Roller bandages (75 mm X 5 m).

Item 10: 4 Roller bandages (100 mm X 5 m).
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Item 11: 1 Roll of elastic adhesive (25 mm X 3 m).

Item 12: 1 Non-allergenic adhesive strip (25 mm X 3 m).

Item 13: 1 Packet of adhesive dressing strips (minimum quantity, 10 assorted sizes).

Item 14: 4 First aid dressings (75 mm X 100 mm).

Item 15: 4 First aid dressings (150 mm x 200 mm).

Item 16: 2 Straight splints.

Item 17: 2 Pairs large and 2 pairs medium disposable latex gloves.

Item 18: 2 CPR mouth pieces or similar devices.
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A content check list must be available with all boxes and boxes shall be checked on a
regular basis, kept clean and dust free.
3.20 SHE Communication Systems
Principal Contractor/s and their appointed contractors must develop a communication
strategy outlining how they intend to communicate SHE issues to their staff, the mediums
they will employ and how they will measure the effectiveness of their SHE communication.
Below is a brief on how communication should take place. Where project meetings are
conducted on site, SHE shall be included as a standing agenda point and minutes of these
meetings shall be available on site at all times. Minutes of meeting must be compiled and
filed in the relevant SHE files. All employees shall have access to these minutes. Attendance
register shall be kept for all the health and safety meetings.
3.20.1 Statutory Health and Safety Committees
1. The principal contractor shall establish statutory health and safety committee in terms
of Section 19 of the OHS Act, Act. Similarly, appointed contractors shall establish
their own statutory health and safety committee.
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2. All appointed contractors shall be members of the principal contractor’s safety
committee.
3. The Committee shall meet to discuss SHE issues concerning the current work being
performed, training, upcoming work and SHE requirements, incidents and lessons
learned specific SHE problems, safety performance, action plans and other relevant
SHE issues. Listed below is a preferred agenda.
4. SHE representatives for a workplace shall be members of the relevant workplace
safety committees (Refer to Section 19 (2) (a) of the OHS Act).
5. The number of persons nominated by employer must not be more than the Health
and Safety Representatives on that specific statutory health and safety committee.
(Refer to Section 19(2)(c) of the OHS Act)
6. A statutory health and safety committee meeting shall be held at least 3 monthly
(where medium to high risk work is involved, more frequent if required), and all
appointed members of the committee shall attend the meeting.
7. Statutory health and safety committees may make recommendations to the principal
contractor and the project manager and the Inspector at DoL.
8. All health and safety committees shall discuss all projects related OHS Act Section
24 and 25 incidents and other notified serious incidents.
9. Health and safety committees shall follow up on incident investigation
recommendations and shall keep record of all recommendations made by the
committee.
10. Statutory health and safety committees may make recommendations for the revision
of current standards, procedures and practices.
11. The principal contractor and appointed contractors shall ensure that statutory and
non-statutory health and safety committees carry out their duties.
12. The chairperson of the health and safety committees shall be selected and appointed
by the contractor. The appointed chairperson must be competent to chair meetings
and be able to make informed decisions.
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3.20.2 Non-statutory health and safety committees
1. Where there are large worksites, then non-statutory sub-committee must be
established within that worksite to assist with the communication of health and safety
related matters between the statutory health and safety committee and the
workplace.
2. The duties and responsibilities of the non- statutory health and safety committees will
be the same as the statutory safety committee
3.20.3 Agenda
1. The following serves as the guideline for the SHE Committee meeting agenda.

List of agenda items:

Matters arising from previous minutes

Matters arising from Contractor’s SHE meetings.

Audit results and feedback

Review Health and Safety Representative Inspection Reports

Review

o
Incident investigation reports
o
Non-Conformances
o
Announcements (near miss/injury/damage)
o
Follow up on recommendations made by the employer in incident
investigation reports
Accident Prevention – Safety Promotion
o
Planned Job Observations
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SHE Training
o
Protective clothing and equipment
o
Incident Announcements / Recall
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Forthcoming High hazard activities.

Non-conformances.

Housekeeping.

Work permits.

Work procedures.

Hazardous materials / substances.

Fire Prevention

Occupational Hygiene Assessments, Health Risks and Actions

Security

Construction vehicles and mobile equipment

Rules, Instructions

Public Safety

Environmental Management

Emergency Preparedness

Statistics report

Closure
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3.20.4 Minutes and action items for all health and safety committee meetings
1. Minutes and record of action items shall be kept of all health and safety committee
meetings.
2. Action column with target dates and responsible person shall be clearly visible on the
minutes and shall be completed during the meeting.
3. Statutory health and safety committee meeting minutes and record of action items
shall be kept for the duration of the project or a minimum period of three years.
4. Non–statutory health and safety committee meeting minutes shall be kept for the
duration of the project or a minimum period of 12 months.
5. All other meeting minutes where SHE is on the agenda, shall be kept for a minimum
period of 12 months.
6. The original copy of the minutes and record of the action items must be signed by the
chairperson.
7. The relevant project manager and principal contractor shall endorse the relevant
minutes with his/her recommendations and return the minutes to the relevant
contractors chairperson within 14 calendar days of the meeting.
3.20.5 Tool box talks / Daily team talks / pre job meetings
1. A meeting must be held prior to the commencement of the day’s work with all
relevant personnel associated with the work task in attendance. The job, relevant
procedures, associated hazards, safety measures, i.e. the task risk assessments
shall be discussed. Each employee who attends the briefing shall sign an attendance
list of that pre-job brief form undertaking that they have an understanding of the
tasks, risks and control measures required.
2. Where possible, tool box talks can be included in the pre-job brief meetings. If this
does not occur, then weekly tool box talks must be conducted. The toolbox talk topics
will be based on SHE issues pertaining to the construction site and or the project.
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The topic contents shall be in writing. Attendance registers with the topic listed shall
be kept.
3.21 SHE Training
1. The principal contractor, when making a bid for this project shall provide a
breakdown list of the SHE training requirements and the costing of such
requirements. Similarly, appointed contractor must provide the same requirements
when bidding with the principal contractor.
2. The scope of training includes but is not limited to the type of work being performed
and the relevant procedures. Additional to the requirements, will be that the principal
contractor and appointed contractors must have the appropriate qualifications,
certificates and employees should always be under competent supervision.
3. Where legislative and Eskom recommended appointments are made, the relevant
training shall be given to those appointees prior to the acceptance of those
appointments.
4. When there is an amendment to the Acts and/or to the regulations, SHE specification
and SHE plan, all affected staff shall undergo the applicable refresher training.
5. Appropriate time must be set aside for training (induction and other) of all employees.
6. Records of all training and qualifications of all contractor employees must be kept on
the SHE file.
3.21.1 Induction training
1. The principal contractor shall ensure that all his / her employees, appointed
contractors and their employees have undergone the Eskom Safety Contractor
Management induction training prior to commencing work on site.
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2. Attendance registers must be completed of any induction training given, which must
indicate that they have received and understood the induction training.
3. Prior to attending the induction training, all employees must undergo a preemployment medical examination and found fit for duty. A copy of the certificate of
fitness must be kept in the SHE file on site for the duration of the project.
4. All employees and visitors on site shall carry the proof of induction training.
3.21.2 Site specific induction training
The principal contractor shall ensure that all his / her employees and appointed contractor
employees undergo site specific work induction with regard to the approved project SHE
plan, general hazards prevalent on the construction site, construction risk assessment, rules
and regulations, and other related aspects. The induction training should also include
identification of sensitive features such as wetlands/vlei areas, red data species, graves, etc.
3.21.3 Visitors to site induction
1. Visitors to the site shall be required to undergo and comply with the principal
contractor’s site-specific safety induction prior to being allowed access to site.
2. All visitors must remain in the care and custody of a person (host) who has been
properly inducted. No visitors are permitted to undertake any work onsite, of any
nature.
3. Visitors who have completed site induction must be provided with a record of proof of
Induction training.
3.21.4 General training
The principal contractor will be required to ensure that before an employee commences work
on the project, the respective supervisor informs the employee of his scope of authority, the
hazards associated with work as well as the control measures to be taken. This will include
man-job specifications, the discussion of any task procedures or hazardous operational
procedures to be performed by the employee. The Principal Contractor is to ensure that the
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supervisor has satisfied himself that the employee understands the hazards associated with
any work to be performed by conducting task/job observations.
3.22 Contractor Site Establishment
1. Principal contractor’s site facilities should be managed at all times.
2. Prior to establishing a project site, a site plan is required to be drawn listing position
of all buildings, amenities, storage and stacking areas. The appropriate colour coding
and demarcation of storage and stacking areas must be carried out.
3. Where, working in the field and material is stored at the work sites, then proper
stacking and storage shall be carried out.
4.
When compiling the site plan, cognisance must be taken to the establishment of the
site camp, ablution facilities and dining area in relation to one another and away from
stacking and storage areas.
3.22.1 Site roads
1. When planning, sufficient areas must be allocated for parking of construction vehicles
and mobile equipment’s as well as roadways for ease of manoeuvrability of these
vehicles.
2. Sufficient width roads to be provided and adequate space is to be allowed for large
vehicles traversing the sites.
3.22.2 Construction vehicle safety
1. It is the responsibility of the driver to ensure:
a. Their passengers wear seat belts whilst the vehicle is in motion.
b. Comply with all traffic road rules, safety, direction and speed signs.
c. Ensure that vehicle loads are properly secured prior to moving off.
d. Ensure that vehicles are not overloaded.
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2. No drivers or operators may text, talk on cell phones or two way radios whilst driving,
unless a hands free kit is used.
3. All drivers of construction vehicles are to have valid medical fitness certificates.
4. Each Project site that is enclosed by demarcation will have system/ process to
manage vehicle access to site.
5. Contractor must maintain their vehicles in a roadworthy condition and a vehicle
license must be valid at all times.
6. Drivers of light vehicles must avoid stopping or parking in the vicinity of machines. At
least 30 (thirty) meters must be left clear between such a vehicle and such a machine
7. Contractor vehicles can be subject to inspections by the Client/Agent’s
representative. Vehicles which are not roadworthy will not be permitted to be used
on the project.
8. Drivers/operators shall be responsible for the travel-worthiness of all loads conveyed
by them. Precautions shall be taken to secure all loads properly. Loads projecting
from vehicles shall be securely loaded and in daytime a red flag and during darkness
a red light or red reflective material shall be attached to the extreme end of such
projecting material.
3.23 Housekeeping and Order
1. All contractors shall maintain a high standard of housekeeping within their sites and
vehicles for the duration of the project.
2. Prompt disposal of waste materials, scrap and rubbish is essential.
3. Materials/objects shall not be left unsecured in elevated areas –falling objects may
cause serious injuries/fatalities.
4. Nails protruding through timber shall be bent over or removed so as not to cause
injury.
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5. All packaging material including boxes, pallets, crates, etc. to be removed from the
work area immediately.
6. On completion of his / her work, the contractor is responsible for clearing his / her
work area of all materials, scrap, temporary buildings and building bases to the
satisfaction of the client/agent.
7. In cases where an inadequate standard of housekeeping has developed,
compromising safety and cleanliness, anyone has the responsibility to bring it to the
attention of the principal contractor in the first instance and the Eskom project/site
manager in the second instance.
8. The Eskom Project/Site Manager has the right to instruct the principal contractor and
appointed contractors to cease work until the area has been tidied up and made safe.
Neither additional costs nor extension of time to the contract shall be allowed as a
result of such a stoppage. Failure to comply with this requirement will result into site
cleaning by another cleaning contractor company at the cost of the principal
contractor.
9. The principal contractor shall carry out regular safety/housekeeping inspections (at
least weekly) to ensure maintenance of satisfactory standards. The principal
contractor shall document the results of each inspection and shall maintain records
for viewing.
3.23.1 Stacking
1. Before stacking any material, the contractors or their employees must consult the
contract manager for authorisation to use such an area for stacking purposes. This is
to prevent haphazard arrangements.
2. Adequate care must be taken by the contractor to ensure that storage and stacking is
carried out correctly and safely.
3. Correct shelve stacking must be carried out, heavy and bulky on the bottom, light and
small on top.
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3.24 Workplace Signage and Colour Coding
1. Symbolic safety signage shall be displayed where it is required by legislation.
2. All symbolic safety signage shall conform to the requirements of SANS standard
1186.
3. Signs shall be positioned to be seen from most positions within the work sites /
areas.
4. All signage must be clear at all times and be replaced timeously when worn out.
5. Contractors establishing sites must erect a company sign at their site offices to reflect
the name and contact details of the: Construction Supervisor; Health and Safety
Manager/Practitioner; First Aider; Health and Safety Representative and Evacuation
warden.
6. The location of every first aid box; fire extinguisher and emergency exit is to be
clearly indicated by means of a sign.
7. When using, an explosive power tool the appropriate signage shall be erected,
warning people of its use.
8. Contractors shall provide signage where work is conducted and where unauthorised
entry is prohibited and/or where alerting and cautioning passers-by to be aware of
potential dangers.
9. The meanings of the appropriate symbolic signage must be discussed during
induction training and toolbox talks.
10. Where possible, within workshops, work areas and established premises, the
appropriate sign indicating the meaning of symbolic safety signs must be displayed.
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3.25 Tools and Equipment
1. Contractors shall ensure that all tools and equipment are identified, safe to be used
and is maintained in a good condition.
2. Contractors shall ensure that all tools and equipment are listed on an inventory list,
be regularly inspected at least monthly or as required by legislation and risk
assessments. The equipment should be numbered or tagged so that it can be
properly monitored and inspected.
3. Where applicable, tools and equipment must have the necessary approved test or
calibration documentation prior to being brought onto the project and the records
shall form part of the SHE plan. Maintenance calibration shall be undertaken in terms
of the manufacturer’s requirements.
4. All fuel driven equipment must be properly maintained in accordance with the
manufacturer’s recommendations and legal requirements.
5. Eskom reserves the right to inspect tools or items of equipment brought to site by
contractors for use on this project.
6. Should Eskom personnel find any item that is inadequate, faulty, unsafe or in any
other way unsuitable for the safe and satisfactory execution of the work for which it is
intended, the Eskom personnel shall advise the contractor in writing and the
contractor shall forthwith remove the item from site and replace it with a safe and
adequate substitute.
Note: In such cases, the contractor shall not be entitled to extra payments or extensions of time in
respect of delay caused by Eskom’s instructions.
7. Where defective tools and equipment’s are identified, such tools and equipment shall
be removed out of site immediately, locked away to prevent further use until such
time as the tool or piece of equipment has been repaired.
8. Contractors shall ensure that the appropriate records are kept for all tools and
equipment used on the project. Such tools and equipment’s shall be subjected to
regular inspections.
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3.25.1 Hand tools
1. All hand tools (hammers, chisels, spanners, etc.) must be recorded on a register and
inspected by the construction supervisor on a monthly basis as well as by users prior
to use.
2. Tools with sharp points in tool boxes must be protected with a cover.
3. All files and similar tools must be fitted with handles.
4. No make shift tools are permissible on the project.
3.26 Ladders
1. Ladders used shall conform to the requirements of GSR 13A and used in terms of
GSR 6.
2. The appropriate head protection, with chin strap shall be worn by employees working
from a ladder or with climbing irons.
3. The ladder wheels, brakes and platform must be in good condition.
4. All metal parts to be in good condition, no cracks.
5. Non-slip devices must be in good condition and no paint to be on wooden ladders
6. Climbing irons are permitted to be used in place of ladders on condition that the
requirements of GSR 6 are not compromised and from an electrical point of view not
damage any cabling. The working at heights risk assessment must indicate the use
of climbing irons.
7. Employees using climbing irons shall be suitably trained in the use, care and
maintenance of such climbing irons.
8. When using climbing irons, the appropriate rope grab fall prevention system shall be
used.
9. The correct fall protection equipment shall be worn and used whilst climbing up,
working from and climbing down ladders.
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10. The appropriate head protection, with chin strap shall be worn by employees working
from a ladder or with climbing irons.
11. A detailed inspection of all ladders shall be conducted monthly by a competent
person and every time prior to climbing by employees using such ladders. The
inspection check lists must be filed in the site SHE files.
3.27 Auditing
3.27.1 Approval and compliance of principal contractor SHE plan
The Contractor’s SHE Plan will be audited against compliance checklist so as to verify
compliance to the requirements of the Eskom SHE specifications. Once there is compliance
only then will the principal contractors SHE plan be approved by the project manager or an
appointed Eskom contract custodian. The implementation of the SHE Plan shall be
assessed / audited by Eskom personnel on a regular basis. This will include physical
conditions evaluation.
3.27.2 Eskom SHE audits
Eskom shall evaluate all contractors’ SHE performance on an ongoing basis against the
legal, Eskom requirements, SHE specification and the contractors SHE plans.
Note: Eskom reserves the right to conduct unannounced audits on contractors
There will be monthly audits conducted by Eskom on the principal contractor/s and/or
appointed contractors. These audits shall be attended by the contractor’s site manager or
his representative.
If there are any findings / non-compliance identified as serious in these audits, an activity will
be stopped for that specific Principal Contractor and appointed contractor. Refer to section
on “Work Stoppage” in this SHE Specification.
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3.28.1 Contractor audits
Principal Contractors are required to conduct internal audits on both their employees and
their appointed contractors on the implementation of their SHE Plan on a monthly basis or
when the scope of work changes. A summary of the findings and the proposed corrective
actions shall be submitted to Eskom project manager within one week after completion of the
audit. Where appointed contractors are audited by the principal contractor a copy of the audit
report shall be submitted to the appointed contractor within 7 days of the audit.
3.29
Smoking
The national smoking policy must be observed and smoking is permitted in designated areas
only (Eskom Smoking Procedure 32-36).
3.30 Cellular Phones
The national requirements regarding the use of cellular phones must be observed, in
particular when driving and or operating mobile equipment and or machinery.
3.31 Occupational Health, Hygiene and Rehabilitation
All contractors are required to develop an Occupational Health, Hygiene and Rehabilitation
program. The program is intended to ensure that the risks to health are identified and
controlled.
3.31.1 Medicals
Note: Eskom will only accept medical surveillances conducted by an Occupational Health
Practitioner who holds a qualification in occupational health.
1. Principal contractors must ensure that their employees and their appointed contractor
employees have a medical surveillance program whereby their employees under go
entry, periodic and exit medical fitness examinations.
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2. In order for the appropriate medical examinations to be conducted, each employee
must have a man job specification, which must indicate the description of work, list of
hazards and potential occupational exposure limits, physical hazards and required
physical attributes.
3. Medical fitness certificates shall be renewed annually for employees who are working
on site. This shall be maintained until completion of the contract.
4. The Principal Contractor must ensure that his / her employees and appointed
contractor employees have undergone pre-entry medical examination before starting
work on the contract.
5. The principal contractor shall provide a documented process for managing those
employees who are issued with a conditional certificate of fitness.
3.32 Risk Assessments
It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry
out risk assessments, to establish which risks and hazards are attached to the health and
safety of persons due to any work which is performed, any article or substance which is,
handled, stored, transported. A risk assessment is defined as an identification of the hazards
present in an organisation and an estimate of the extent of the risks involved, taking into
account whatever precautions are already being taken. It is essentially a three stage
process:

identification of all hazards;

evaluation of the risks;

Measures to control the risks.
Risk assessments are required to be maintained. This means that significant changes to a
process or activity, or any new process or activity should be subjected to a risk assessment
and that if new hazards come to light during the work process, then these should also be
subjected to risk assessments. Risk assessments for long term processes should be
periodically reviewed and updated. Method statements or written safe work procedures are
an effective method as information and record of the way jobs / tasks must be performed.
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Daily or issue based or task specific or on the job risk assessments must be conducted at
the place where work is to be performed/ conducted to allow managers and employees to
assess any inherent risks that could have been overlooked during the initial risk assessment
or any changes that might have occurred in a period of absence. For example if a job / task
is extended over a day or halted due to inclement weather.
3.33 Safe Work Procedures and Practices / Safe Operating
There must be written safe work procedures for all activities, the safe work procedures must
be aligned with the risk assessments.
3.34 Personal Protective Equipment Requirements
1. The Principal contractor must provide a detailed programme that includes the
issuing, maintenance and replacement of PPE for all his employees and appointed
contractors on site.
2. All contractors shall comply with the requirements of GSR 2 of the OHS Act.
3. The risk based PPE matrix must be compiled detailing the types of PPE that is
required to be issued to employees performing the respective tasks.
4. Where there are unusual instances where particular activities require additional type
of PPE, then a risk assessment must be conducted where such PPE requirements
will be identified and the issuing be carried out.
5. All contractors shall ensure that their visitors wear and use the correct PPE whilst on
worksites.
6. Where PPE is required and visitors are not in possession of, then it is the individual
contractor’s responsibility to provide the PPE.
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7. All PPE purchased and used by all contractor employees including visitors must
comply with the relevant SANS standards.
8. Where deemed as a requirement, then high visibility vests shall be worn.
3.35 Incident Investigation
All incidents shall be investigated in terms of OHS Act General Administrative Regulations 8
and 9, using Eskom Procedure 32-95 as a reference, and where injuries as contemplated in
sections 24 and 25 have been sustained, be reported to the Department of Labour.
Contractors shall use the standard General Administrative Regulation Annexure 1
“Recording of an Incident” form for all incident investigation reports. The objective of incident
investigation, should not only be a legal requirement, but should establish why and how the
incident occurred and find out the real root cause of the incident and to decide on
precautionary measures that are required to address the root cause to prevent any further
recurrences of the same or similar incidents.
3.36 Emergency Management
The art of emergency preparedness and response is to minimise the effects of any
emergency and to restore normal activities as soon as practical. The contractor must
familiarise themselves with the Eskom emergency response plan and procedure. Periodic
emergency drills must be undertaken to test the effectiveness of the plan. This must be
recorded and provided on request.
3.37 Non-Conformance and Compliance
1. Any non-compliance to any health and safety requirement in this SHE specification is
subject to discipline in terms of the Eskom Procurement and Supply Management
Procedure.
2. Principal contractors are required to implement a non-conformance procedure (if not
already in place) for issuing to contractors for transgressions. The procedure can
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include “quality” related non-conformance issues. Similarly, appointed contractors
must implement a non-conformance procedure.
3. The procedure for the issuing and closing off of non-conformance reports shall be
strictly adhered to.
4. Contractor project management must monitor the close out non-conformances
issued, in not doing so; any recommendations made may not be implemented.
5. Where non-conformances are issued by Eskom then one of the close-out steps of
the procedure will be for the offender to be called by the responsible project manager
to explain the non-conformance issued and what plan is in place to prevent a
recurrence of the non-conformance.
6. Should the contractor fail to provide adequate PPE to their employees for the tasks
being performed and/or to visitors; failure to enforce the wearing of such PPE will be
viewed as a transgression of the legislative and Eskom requirements.
3.38 SHE File
1. A SHE file means a file or other record in permanent form, containing the information
about the safety and health management system during construction and all
information relating to the post-construction phase after handover to the client, so
that the client can maintain the works in a healthy and safe way.
2. All contractors are required to keep a SHE file on every project site. If there is more
than one site per project, a file per site shall be kept at that site. Contractors may
keep additional files at their head office as additional records. The SHE file shall be
maintained by all the contractors on their construction sites and shall be available on
request for audit and inspection purposes.
3. The SHE file shall consist of the requirements in terms of the project’s safety
specification, the contractor’s safety and health plans.
4. The sequence of filing the documentation must be kept in the same sequence as
listed in this SHE specification and the SHE plan.
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5. Each record shall be separated by partitions to afford easy identification and access.
Each partition must be labelled.
6. On completion of the construction work/project, the principal contractor must hand
over a consolidated health and safety file to the project manager. The principal
contractor must also hand over all drawings, designs, lists of materials used, and
other applicable information about the completed structure, as well as the list of
subcontractors, the agreement, and the type of work completed.
7. In case where the project is extended, should the documentation in the SHE files
become cumbersome, the older documentation must be archived in boxes which
shall be correctly labelled and be available for auditing purposes. The archived
documentation must be handed over at the completion of the project.
3.39 Work Stoppage
1. Any person may stop any activity where an unsafe act or unsafe condition that poses
or may pose an imminent threat to the safety and health of an individual or create a
risk of degradation of the environment. This includes any unauthorised work or
service performed by, or legally or contractually non-compliant acts or omissions by,
any contractor contracted to work at that site.
2. Work stoppages that are initiated due to SHE concerns, non-compliance, or poor
performance related to the contractor’s works or services shall not warrant any
financial compensation claim lodged against Eskom where the contractor has not
met the requirements defined legally or contractually.
3. Where stoppages are carried out, the required non-conformance report shall be
raised.
4. All work stoppages ideally should be investigated and documented by contract
custodians.
Public
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Ltd, Reg No 2002/015527/30.
Page 64 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
3.40 Hours of Work
The requirements of the Basic Conditions of Employment Act, Chapter Two “Regulation of
Working Time” must be adhered to. All contractors are required to maintain an accurate
record of time worked by each employee.
3.40.1 Normal work
All work conducted on site shall fall within the legal requirements in accordance with the
Basic Conditions of Employment Act. Contractors will notify their Eskom Supervisor or
project manager of any work that needs to be performed after hours according to the agreed
arrangements. (The application needs to be submitted timeously). Where applicable, the
notification should include proof of application, for overtime, to the Department of Labour and
/or the letter of approval from the Department of Labour.
3.40.2 Night work
When night work is to be performed; contractors shall provide sufficient lighting to enable the
entire work site to be illuminated to a degree that employees will not work in dark (unilluminated) or dimly lit areas. Care must be exercised as not to use few lights with high light
intensives as this will cause night blindness.
If work is continuing from day light into night, at dusk, a tool box talk must be held where all
employees will be advised of the hazards of night work and the extra precautions which
require to be taken, i.e. poor housekeeping, stepping on uneven ground, stepping into holes
etc.
3.40.3 Overtime
When overtime is required to be performed, the appointed contractors shall inform the
principal contractor of such action. The principal contractor shall inform the Eskom project
manager of such function. Contractors shall be aware of the effects of human fatigue and
regulate overtime accordingly. The baseline risk assessment must be reviewed to include
the management of overtime work.
Public
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Ltd, Reg No 2002/015527/30.
Page 65 of 66
Template
Identifier
SHE SPECIFICATION
Civil works for Craighall_Benmore
88kV cable, associated cable
accessories rerouting to Sandpark
substation
240-73416879
Rev
Effective Date
HV Cable
maintenance & Rev
repairs
20 February 2016
Review Date
February 2020
Document
Identifier
1
X
3.41 Omissions from Safety and Health Requirements Specification
By drawing up this SHE specification Eskom has endeavoured to address the most critical
aspects relating to SHE issues in order to assist the contractor to adequately provide for the
health and safety of employees on site.
Should Eskom not have addressed all SHEQ aspects pertaining to the work that is tendered
for, the contractor needs to include it in the SHE plan and inform Eskom of such issues when
signing the contract.
3.42 Contract Sign-Off
On completion of the project, all appointed contractors shall close out their project
documentation; SHE files and forward such to the principal contractor. The principal
contractor shall likewise close out his/her project documentation and SHE files and forward
such to the Eskom project manager.
4 Acceptance
Nill.
5 Revisions
Nil
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Page 66 of 66
Standard
Technology
Title: TECHNICAL EVALUATION
Unique Identifier:
240-151205323
CRITERIA FOR HV XLPE CABLE
SYSTEM AND HV OIL-FILLED
CABLE SYSTEM
Alternative Reference Number:
CONTRACTORS
Area of Applicability:
Engineering
Documentation Type:
Standard
Revision:
1
Total Pages:
12
Next Review Date:
January 2025
Disclosure Classification:
Controlled
Disclosure
Compiled by
Approved by
Authorized by
Sandisiwe Mtshaulana
Kagiso Senosi
Stephen Nkwane
Engineer (SI GOU)
Snr Technologist
(SI NWOU)
Manager (SI GOU)
Date: 25/02/2020
Date: 25/02/2020
Date: 25/02/2020
Supported by SCOT/SC
SCOT/SC Chairperson
Date:
PCM Reference:
SCOT Study Committee Number/Name:
Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
Unique Identifier: 240-151205323
Revision:
1
Page:
2 of 12
Content
Page
1.
Introduction .................................................................................................................................................. 3
2.
Supporting clauses ...................................................................................................................................... 3
2.1 Scope ................................................................................................................................................. 3
2.1.1 Purpose .................................................................................................................................. 3
2.1.2 Applicability ............................................................................................................................ 3
2.2 Normative/informative references ...................................................................................................... 3
2.2.1 Normative ............................................................................................................................... 3
2.2.2 Informative ............................................................................................................................. 3
2.3 Definitions ........................................................................................................................................... 4
2.3.1 General .................................................................................................................................. 4
2.3.2 Disclosure classification ......................................................................................................... 4
2.4 Abbreviations ...................................................................................................................................... 4
2.5 Roles and responsibilities .................................................................................................................. 4
2.6 Process for monitoring ....................................................................................................................... 4
2.7 Related/supporting documents .......................................................................................................... 4
3.
Requirements .............................................................................................................................................. 5
3.1 Premises evaluation ........................................................................................................................... 5
3.2 Evaluation criteria ............................................................................................................................... 5
3.2.1 Table 1: Technical Evaluation Criteria for HV cable systems Contractors: Mandatory
Requirements ......................................................................................................................... 5
3.2.2 Table 2: Technical Evaluation Criteria for HV Contractors: Scoring ..................................... 6
4.
Authorization ................................................................................................................................................ 7
5.
Revisions ..................................................................................................................................................... 7
6.
Development team ...................................................................................................................................... 7
7.
Acknowledgements ..................................................................................................................................... 8
Annexure A – Tools and Equipment list ............................................................................................................. 9
Annexure B – Vehicles list ................................................................................................................................11
Annexure C – POE Checklist ...........................................................................................................................12
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Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
1.
Unique Identifier: 240-151205323
Revision:
1
Page:
3 of 12
Introduction
This document has been developed to set the standard technical evaluation criteria to be used when
evaluating tender submissions by civil and electrical contractors for the maintenance of HV XLPE cable
system and HV oil-filled cable system in the Gauteng Operating Unit (GOU). The civil scope includes but is
not limited to: River crossing, road crossing, HV cable joint bays, HV cable installation; and the electrical
scope includes but is not limited to: HV cable fault locating and tracing, river crossing, road crossing, HV
cable jointing (joint bays and bonding leads), HV cable termination, pilot cable, oil works, sheath repair. This
document provides technical evaluation criteria developed in line with the Eskom HV cable system
standards.
2.
Supporting clauses
2.1
Scope
These technical evaluation criteria covers the minimum requirements for civil work and electrical work
conducted on the HV XLPE cable system and HV oil-filled HV cable system with nominal voltages from 44
kV up to and including 132 kV for maintenance purposes.
2.1.1
Purpose
This document was compiled to provide technical evaluation criteria for civil and electrical scope of work for
HV XLPE cable system and HV oil-filled HV cables system to ensure contractor compliance to standard
within Eskom Holdings SOC (Ltd). It is applicable only for the purpose of performing contractor tender
evaluations for the maintenance of HV cable systems in GOU.
2.1.2
Applicability
This document shall apply for Eskom Holdings Limited (Dx GOU).
2.2
Normative/informative references
Parties using this document shall apply the most recent edition of the documents listed in the following
paragraphs.
2.2.1
Normative
[1]
ISO 9001, Quality Management Systems
[2]
240-56030640, General Information and Requirements for High Voltage Cable Systems
[3]
240-56030625, Specification for XLPE-insulated Power Cables and Accessories for Systems with
Nominal Voltages of 44kV to 132kV
[4]
240-56030399, Specification for Oil-filled Power Cables and Accessories for Systems With Nominal
Voltages of 44kV to 132kV
[5]
240-45683927, Compaction Testing on Cable System Installations
2.2.2
Informative
[6]
32-9: Definition of Eskom documents.
[7]
32-644: Eskom documentation management standard.
[8]
474-65: Operating manual of the Steering Committee of Technologies (SCOT).
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Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
2.3
Definitions
2.3.1
General
Unique Identifier: 240-151205323
Revision:
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None
2.3.2
Disclosure classification
Controlled disclosure: controlled disclosure to external parties (either enforced by law, or discretionary).
2.4
Abbreviations
Abbreviation
Description
Dx
Distribution
GOU
Gauteng Operating Unit
HV
High voltage
JRA
Johannesburg Road Agency
NHBRC
National Home Builders Registration Council
OEM
Original Equipment Manufacturer
OFC
Optical fibre cable
ORHVS
Operating regulations for high voltage system
PDE
Power Delivery Engineering
PPE
Personal protective equipment
PVC
Polyvinyl chloride
SI
Standards Implementation
XLPE
Cross-linked poly ethylene
2.5
Roles and responsibilities
All Eskom employees and/or appointed bodies involved in the qualification process of contractors to perform
the maintenance of HV cable systems shall ensure that the contractors being evaluated meet the
requirements of this standard. Any deviation from these requirements shall constitute non-conformance,
unless it was in advance agreed to by a delegated cable specialist and is based on sound engineering
judgement.
All HV cable systems maintenance contractors shall ensure that they obtain clarity where required and
obtain all supporting information or documents necessary to comply with this document.
2.6
Process for monitoring
Acceptance of bidding contractors for the maintenance of HV cable systems shall be based on fully
compliant submissions of documents and proving capability of providing the required service during
equipment/tools and premises evaluations.
2.7
Related/supporting documents
Refer to clause 2.2.
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Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
3.
Unique Identifier: 240-151205323
Revision:
1
Page:
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Requirements
This document contains the technical evaluation criteria for the oil-filled and XLPE HV cable systems
maintenance contractors in Eskom GOU. The evaluation methodology consists of two stages namely 1) the
submitted documentation evaluation and 2) premises evaluation where equipment and tools are checked.
The technical evaluation exercise is performed by the Eskom evaluating representatives. The initial part of
the evaluation starts when submissions are opened and assessed for the first time. The submitted
documents will be evaluated against the mandatory and scoring technical evaluation criteria as stated in
clauses 3.2.1 and 3.2.2 respectively. Should a tenderer fail to meet any one of the mandatory requirements,
they will automatically be disqualified. The documentation evaluations are meant for establishing if all the key
tender deliverables are met with regard to the maintenance of oil-filled and XLPE HV cable systems.
The second part of the evaluation is the verification of tender documentation submissions that takes place at
the tenderer’s premises as per clause 3.1. Each contractor has to pass mandatory evaluation as well as
achieve a minimum score of 85% in the scoring phase of documentation evaluation on 3.2.2 in order to
qualify for premises evaluation, any score below 85% will result in immediate disqualification.
At the end of the premises evaluation, the Eskom evaluating representative(s) will list all the deviations and
identified risks, if any. The representatives will conduct a formal discussion of the deviations and risks in line
with Eskom’s requirements of clause 3.2.2. The tenderer that fails to demonstrate the 85% compliance to
tables 1 and 2 at the premises evaluation will be disqualified.
3.1
Premises evaluation
The following will be checked at the contractor’s premises:

Owned vehicles and their documents

Owned tools

Owned equipment

List of hired tools and equipment and their hiring letters

Proof of employment for personnel with submitted certificates (e.g. employment contracts etc.)

General housekeeping (e.g. how tools and equipment are kept)
3.2
Evaluation criteria
The technical evaluation criteria comprise mandatory and scoring phases.
3.2.1
Table 1: Technical Evaluation Criteria for HV cable systems Contractors: Mandatory
Requirements
TASK / MEASURE
Criteria
Acceptance: Yes/No
Submit all technical requirements on a separate Technical file.
Provide proof of company’s registration for Eskom PDE website access.
Submit a signed copy of the provided tools and equipment list in annexure A used
for maintenance of HV cable systems, indicating if the tools and equipment are
owned or hired.
Provide a copy of a signed procedure on how you measure soil compaction.
Provide valid certified copies of your training records for your cable jointers, i.e. a
minimum of two certificates with the following training:
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TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
Unique Identifier: 240-151205323
Revision:
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TASK / MEASURE
Criteria
Acceptance: Yes/No

Oil-filled cable jointing and termination certificates

XLPE cable jointing and termination certificate
• Indoor switchgear termination (SF6 insulated)
NB: Training should be conducted by an OEM or company approved by an OEM
Provide valid certified copies of ORHVS certificates or GOU HV authorisation for
responsible person.
Provide valid certified copies of construction regulation training certificates.
Provide an affidavit per employee, completed by the resources named on the
certificates and certified by a Commissioner of Oaths. This affidavit will be used as
confirmation of employment by the tendered company.
3.2.2
Table 2: Technical Evaluation Criteria for HV Contractors: Scoring
TASK / MEASURE
Criteria
Source of evidence
Weighting
Appointment letter/task orders
and completion certificates
20
Method statement for soil compaction and testing.
Clearly written technique used
when doing soil compaction
and compaction results
5
HV oil-filled and XLPE-insulated cable jointing and terminating
valid certified certificates and indoor switchgear termination
valid certified certificates.
Submitted certificates
20
Complete the template on annexure D, which is confirmation
and proof of the history of at least five maintenance/breakdown
projects that were performed by your company’s qualified
personnel, related to the following scope:
The civil scope includes but is not limited to: River crossing,
road crossing, HV cable joint bays, HV cable installation; and
the electrical scope includes but is not limited to: River
crossing, road crossing, HV cable jointing (joint bays and
bonding leads), HV cable termination, pilot cable, oil works,
sheath repair
The above required project references shall indicate and
provide the project name, customer name, customer contact
details, the operating voltage, conductor size, year of
execution, quantity (total length of cable and number of
accessories). Contact details of the utility/customer
representatives, their titles, addresses, emails and telephone
numbers.
NB: Experience should cover both oil-filled- and XLPEinsulated cable system projects.
ORHVS certificates and authorization (as per POE)

For currently authorised person, provide Eskom GOU
Submitted certificates;
Print
and
complete
the
5
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Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
Unique Identifier: 240-151205323
Revision:
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TASK / MEASURE
Criteria
Source of evidence
Authorised certificates

For previously authorised persons with expired
authorization, provide certified copies of those expired
authorisation certificates

For unauthorised persons ready to be authorised, provide
a completed copy of POE checklist and submit all
certificates as per POE table as per Annexure C.
Weighting
provided POE checklist on
annexure C and sign
Equipment and tools list
NB: There will be penalties if all tools and equipment are hired
Print
and
complete
the
provided tool/equipment list on
annexure A and sign, or hiring
letter
25
Vehicles, proof of ownership (10 Ton crane truck, LDV,
Transporter)
Print and complete the vehicle
list on annexure B and sign
Vehicle documents
16
Suitable PPE for all staff (registers signed by each employee)
and PPE Matrix.
Signed PPE register
2
Company premises (office and storage).
Proof of physical address (e.g.
municipality statements, etc.)
2
Internal procedure
5
In what manner do you deal with external authority’/utility’s
services (e.g. JRA, Rand Water etc.)?
TOTAL
4.
/100
Authorization
This document has been seen and accepted by:
Name and surname
Designation
Stephen Nkwane
Manager: Standards Implementation (GOU)
Mphathutshedzeni Mudau
Manager: Technical Support (GOU)
5.
6.
Revisions
Date
Rev
Compiler
December
2019
Draft 0.1
S. Mtshaulana & K.
Senosi
Remarks
New document.
Development team
The following people were involved in the development of this document:

Sandisiwe Mtshaulana:
Engineer (SI)

Kagiso Senosi:
Snr Technologist (SI)

Phenny Bopape:
Principal Engineering Assistant (PPM)
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Document Classification: Controlled Disclosure
TECHNICAL EVALUATION CRITERIA FOR HV XLPE
CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
7.
Unique Identifier: 240-151205323
Revision:
1
Page:
8 of 12
Acknowledgements
Not applicable.
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CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
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Annexure A – Tools and Equipment list
Tools/Equipment
QTY
Owned/Hired
Equipment and consumables to pump oil into oil-filled cable
Equipment and consumables to perform gaseous vaporisation fluid
tagging
Steel Barricading, concrete barricading and steel guard rails for trenches
as per construction regulations. Minimum of 50 meters.
Shoring equipment (timber, steel supports, struts) as per construction
regulations. Minimum of 50 meters.
Road crossing steel plates (with hoisting equipment) – Heavy vehicular
traffic.
Trench crossing walkways for pedestrians / light vehicular traffic
(driveways etc.)
Road traffic signage (road works/construction ahead, lane closed/road
narrowing, detour, no through road, road closed, chevrons, stops signs,
flag men, Stop/go, etc.)
Cable winch, dynamometer (pulling strain), jack stands and steel rope.
Cable bond pulling and nose pulling (pulling eye / pulling socks)
equipment.
Cable corner/guide rollers (5, sufficient for at least 5 corners).
Cable rollers and skids (50, sufficient for every 2m of cable installed).
Hand excavation tools (picks, beaded spades, etc.) 2 beaded minimum.
Mechanical excavator (machine) (TLB).
Rock drills (for boulder busting / chemical rock breaking).
Pipe jacking equipment, rock blasting
Directional drilling machines
Compressors.
Jackhammers.
Tar (asphalt) / concrete road surface cutter (angle grinder).
Bulleting machine (110mm and 160mm diameter).
Hand compacting tools (stampers).
Mechanical compacting machinery ('rammer'/'wacker').
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CABLE SYSTEM AND HV OIL-FILLED CABLE SYSTEM
CONTRACTORS
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Mechanical compacting roller (e.g. 'Bomag').
Soil compaction testing equipment (DCPs).
Soil sieve of 12mm mesh size
A.C. (230V) generators (for lighting, bentonite mixing equipment, portable
test equipment, etc.), min of 2.
Lighting equipment (for joint bays etc.), min 2 sets.
Submersible water pump.
Equipment for punching labels onto Al/Cu plates, Stencils.
Equipment for cutting cables, electric saws, hacksaw etc.
Tools for jointing/terminating HV cables (XLPE); (specify tools and
electrical equipment)
Tools for jointing/terminating HV cables (oil-filled); (specify tools and
electrical equipment)
Hexagonal die crimping tools and suitable dies for compression fittings.
CAD and MIG welding equipment (HV cables only).
Gas flame/torch equipment (e.g. for heat shrink application).
Lead wiping/plumbing equipment (HV cables only).
Cylindrical brushes / close fitting mandrels (110 mm and 160 mm) to clean
pipes before pulling cable.
Bellmouths for pulling cable into PVC pipes.
Bentonite equipment (mixer and pump etc.) for pipes
Cast-on-site concrete mixing equipment (mixer)
Containers for hazardous / waste material - for disposal (HV OFC only)
Oil degasifying plant (HV OFC only).
Oil-filled cable freezing equipment (Liquid nitrogen, sleeve, manometer
x2) (HV OFC only).
Hand held radios, 3 sets min.
HV joint bay protective weather cover (e.g. waterproof tent)
Signature: ______________________________________ Date: _________________________________
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CONTRACTORS
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Annexure B – Vehicles list
Vehicles
QTY
Registration number
Owned
10 ton crane truck
LDVs
Transport for personnel
Signature: ______________________________________ Date: _________________________________
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Annexure C – POE Checklist
Mandatory Requirements: Portfolio of Evidence
No
1
2
3
4
5
6
7
8
Minimum Valid certificates required
First Aid Level 2
Basic Fire fighting
Supervision
Occupational Medical certificate
Risk Assessment
Equipotential Earthing
ORHVS HVO2
Understanding the fundamentals of Electricity or N2 in Electrical
Engineering
9
High Voltage environment and regulations awareness
10
11
Working From Heights and rescue
Environmental awareness
Valid
Yes No
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Annexure D – Previous Related Experience
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...Userdgndms00096892 R6.dgn 2009/05/13 01:11:51 PM
...Userdgndms00096892 R6.dgn 2009/05/13 01:12:25 PM
...Userdgndms00096892 R6.dgn 2009/05/13 01:12:51 PM
| |
NEC3 Engineering & Construction Contract
|Between |ESKOM HOLDINGS SOC LIMITED |
| |(Reg No. 2002/015527/30) |
|and | |
| | |
|for |Sandpark Substation reliability restoration |
| |Civil works for Craighall_Benmore 88kV cable, |
| |associated cable accessories rerouting to |
| |Sandpark substation |
| | |
|Contents: | |No of |
| | |pages |
|Part C1 |Agreements & Contract Data |17 |
|Part C2 |Pricing Data |25 |
|Part C3 |Scope of Work |14 |
|Part C4 |Site Information |2 |
| | |
|CONTRACT No. | |
| | |
Part C1: Agreements & Contract Data
|Contents: | |No of |
| | |pages |
|C1.1 |Form of Offer and Acceptance |3 |
|C1.2a |Contract Data provided by the |12 |
| |Employer | |
|C1.2b |Contract Data provided by the |2 |
| |Contractor | |
| | | |
C1.1 Form of Offer & Acceptance
Offer
The Employer, identified in the Acceptance signature block, has solicited
offers to enter into a contract for the procurement of:
Sandpark Substation reliability restoration Civil works for
Craighall_Benmore 88kV cable, associated cable accessories rerouting to
Sandpark substation
The tenderer, identified in the Offer signature block, has examined the
documents listed in the Tender Data and addenda thereto and by submitting
this Offer has accepted the Conditions of Tender.
By the representative of the tenderer, deemed to be duly authorised,
signing this part of this Form of Offer and Acceptance the tenderer offers
to perform all of the obligations and liabilities of the Contractor under
the contract including compliance with all its terms and conditions
according to their true intent and meaning for an amount to be determined
in accordance with the conditions of contract identified in the Contract
Data.
Delete the Options which do not apply
|Option B|The offered total of the Prices exclusive of|R |
| |VAT is | |
| |Value Added Tax @ 15% is |R |
| |The offered total of the amount due |R |
| |inclusive of VAT is[1] | |
This Offer may be accepted by the Employer by signing the Acceptance part
of this Form of Offer and Acceptance and returning one copy of this
document including the Schedule of Deviations (if any) to the tenderer
before the end of the period of validity stated in the Tender Data, or
other period as agreed, whereupon the tenderer becomes the party named as
the Contractor in the conditions of contract identified in the Contract
Data.
|Signature(| | | |
|s) | | | |
|Name(s) | | | |
|Capacity | | | |
|For the | |
|tenderer: | |
| | | | | |
|Name & | | | | |
|signature | | |Date | |
|of witness| | | | |
|Tenderer’s CIDB registration number (if| |
|applicable) | |
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer
identified below accepts the tenderer’s Offer. In consideration thereof,
the Employer shall pay the Contractor the amount due in accordance with the
conditions of contract identified in the Contract Data. Acceptance of the
tenderer’s Offer shall form an agreement between the Employer and the
tenderer upon the terms and conditions contained in this agreement and in
the contract that is the subject of this agreement.
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: Works Information
Part C4 Site Information
and drawings and documents (or parts thereof), which may be incorporated by
reference into the above listed Parts.
Deviations from and amendments to the documents listed in the Tender Data
and any addenda thereto listed in the Returnable Schedules as well as any
changes to the terms of the Offer agreed by the tenderer and the Employer
during this process of offer and acceptance, are contained in the Schedule
of Deviations attached to and forming part of this Form of Offer and
Acceptance. No amendments to or deviations from said documents are valid
unless contained in this Schedule.
The tenderer shall within two weeks of receiving a completed copy of this
agreement, including the Schedule of Deviations (if any), contact the
Employer’s agent (whose details are given in the Contract Data) to arrange
the delivery of any securities, bonds, guarantees, proof of insurance and
any other documentation to be provided in terms of the conditions of
contract identified in the Contract Data at, or just after, the date this
agreement comes into effect. Failure to fulfil any of these obligations in
accordance with those terms shall constitute a repudiation of this
agreement.
Notwithstanding anything contained herein, this agreement comes into effect
on the date when the tenderer receives one fully completed original copy
signed between them of this document, including the Schedule of Deviations
(if any).
Unless the tenderer (now Contractor) within five working days of the date
of such receipt notifies the Employer in writing of any reason why he
cannot accept the contents of this agreement, this agreement shall
constitute a binding contract between the Parties.
|Signature(| | | |
|s) | | | |
|Name(s) |Sylvester Barei | | |
|Capacity |Senior Manager: Asset | | |
| |Creation | | |
|for the |Eskom Holdings SOC Limited |
|Employer |1Maxwell Drive, |
| |Sunninghill |
| | | | | |
|Name & | | | | |
|signature | | |Date | |
|of witness| | | | |
Note: If a tenderer wishes to submit alternative tenders, use another copy
of this Form of Offer and Acceptance.
Schedule of Deviations to be completed by the Employer prior to contract
award
Note:
1. This part of the Offer & Acceptance would not be required if the
contract has been developed by negotiation between the Parties and is
not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the
Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final
contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement
reached during the process of Offer and Acceptance, the outcome of
such agreement shall be recorded here and the final draft of the
contract documents shall be revised to incorporate the effect of it.
|No. |Subject |Details |
|1 | | |
|2 | | |
|3 | | |
|4 | | |
|5 | | |
|6 | | |
|7 | | |
By the duly authorised representatives signing this Schedule of Deviations
below, the Employer and the tenderer agree to and accept this Schedule of
Deviations as the only deviations from and amendments to the documents
listed in the Tender Data and any addenda thereto listed in the Tender
Schedules, as well as any confirmation, clarification or changes to the
terms of the Offer agreed by the tenderer and the Employer during this
process of Offer and Acceptance.
It is expressly agreed that no other matter whether in writing, oral
communication or implied during the period between the issue of the tender
documents and the receipt by the tenderer of a completed signed copy of
this Form shall have any meaning or effect in the contract between the
parties arising from this Agreement.
| |For the tenderer: | |For the Employer: |
|Signatur| | | |
|e | | | |
|Name | | |Sylvester Barei |
|Capacity| | | Senior Manager: Asset Creation|
|On | | |Eskom Holdings SOC Limited |
|behalf | | |1Maxwell Drive, |
|of | | |Sunninghill |
|Name & | | | |
|signatur| | | |
|e of | | | |
|witness | | | |
|Date | | | |
-----------------------
[1] This total is required by the Employer for budgeting purposes only.
Actual amounts due will be assessed in terms of the conditions of contract.
C1.2 ECC3 Contract Data
Part one - Data provided by the Employer
|Clause |Statement |Data |
|1 |General | |
| |The conditions of contract are| |
| |the core clauses and the | |
| |clauses for main Option | |
| | |B: Priced contract with bill of |
| | |quantities |
| |dispute resolution Option |W1: Dispute resolution procedure |
| |and secondary Options | |
| | |X2 Changes in the law |
| | |X5: Sectional Completion |
| | |X7: Delay damages |
| | |X15: Limitation of Contractor’s |
| | |liability for design to reasonable |
| | |skill and care |
| | |X16: Retention |
| | |X18: Limitation of liability |
| | |Z: Additional conditions of |
| | |contract |
| |of the NEC3 Engineering and | |
| |Construction Contract, April | |
| |2013 (ECC3) | |
|10.1 |The Employer is (Name): |Eskom Holdings Limited (Reg no: |
| | |2002/015527/30), a juristic person |
| | |incorporated in terms of the company|
| | |laws of the Republic of South Africa|
|10.1 |Address: |Registered office at Megawatt Park, |
|10.1 | |Maxwell Drive, Sandton, Johannesburg|
| |The Project Manager is: |Runki Mashangoane |
| |Address: |1 Maxwell Drive Sunnighill |
| | |Johannesburg |
| |Tel: |011 871 3295 |
| |e-mail: |[email protected] |
|10.1 |The Supervisor is: |Clerks of Works allocated to the |
| | |project. |
|11.2(13|The works are |Sandpark Substation reliability |
|) | |restoration Civil works for |
| | |Craighall_Benmore 88kV cable, |
| | |associated cable accessories |
| | |rerouting to Sandpark substation |
|11.2(14|The following matters will be | |
|) |included in the Risk Register |Cost overruns due to unpredictable |
| | |surface conditions. |
| | |The possibility of existing services|
| | |which might not be indicated on the |
| | |wayleave. |
| | |Completion Date |
| | |Late material delivery dates |
| | |Delays in outage approvals |
| | |Servitude encroachments |
| | |Community involvement |
|11.2(15|The boundaries of the site are|Site Camp and Line Route |
|) | | |
|11.2(16|The Site Information is in |Part 4: Site Information |
|) | | |
|11.2(19|The Works Information is in |Part 3: Scope of Work and all |
|) | |documents and drawings to which it |
| | |makes reference. |
|12.2 |The law of the contract is the|the Republic of South Africa |
| |law of | |
|13.1 |The language of this contract |English |
| |is | |
|13.3 |The period for reply is |1 week |
|2 |The Contractor's main |Data required by this section of the|
| |responsibilities |core clauses is provided by the |
| | |Contractor in Part 2 and terms in |
| | |italics used in this section are |
| | |identified elsewhere in this |
| | |Contract Data. |
|3 |Time | |
|11.2(3)|The completion date for the | |
| |whole of the works is |TBA |
|11.2(9)|The key dates and the |Condition to be met |key date |
| |conditions to be met are: | | |
| | | |Any key date and | |
| | | |conditions will be | |
| | | |specified at site | |
| | | |meetings | |
|30.1 |The access dates are: |TBA | |
|31.1 |The Contractor is to submit a | |
| |first programme for acceptance|1 week of the Contract Date. |
| |within | |
|31.2 |The starting date is |TBA |
|32.2 |The Contractor submits revised| |
| |programmes at intervals no |The period between project progress |
| |longer than |meetings. |
|35.1 |The Employer is not willing to| |
| |take over the works before the| |
| |Completion Date. | |
|4 |Testing and Defects | |
|42.2 |The defects date is |52 weeks after Completion of the |
| | |whole of the works per project or |
| | |section thereof if sectional |
| | |completion is applicable. |
|43.2 |The defect correction period |within 1 week upon notification of |
| |is |defect |
|5 |Payment | |
|50.1 |The assessment interval is |between the 15th and 20th day of |
| | |each successive month. |
|51.1 |The currency of this contract |South African Rand. |
| |is the | |
|51.2 |The period within which | |
| |payments are made is |4 weeks |
|51.4 |The interest rate is |(i) zero percent above 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 (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 | |
|60.1(13|The place where weather is to | |
|) |be recorded is: |The established site |
| |The weather measurements to be| |
| |recorded for each calendar |the cumulative rainfall (mm) |
| |month are, | |
| | |the number of days with rainfall |
| | |more than 10 mm |
| | |the number of days with minimum air |
| | |temperature less than 0 degrees |
| | |Celsius |
| | |the number of days with snow lying |
| | |at 09:00 hours South African Time |
| | |and these measurements: |
| |The weather measurements are |The contractor using actual weather |
| |supplied by |readings from the established site |
| |The weather data are the | |
| |records of past weather | |
| |measurements for each calendar|The nearest weather station of the |
| |month which were recorded at: |South African Weather Service to the|
| | |site |
| |and which are available from: |the South African Weather Bureau and|
| | |included in Annexure A to this |
| | |Contract Data provided by the |
| | |Employer |
|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 and insurance | |
|80.1 |These are additional |Weather conditions |
| |Employer's risks |Resident complaints |
| | |Theft and vandalism |
|84.1 |The Employer provides these |as stated for “Format Dx” available |
| |insurances from the Insurance |on |
| |Table |http://www.eskom.co.za/Tenders/Insur|
| | |ancePoliciesProcedures/Pages/EIMS_Po|
| | |licies.aspx |
| | |(See Annexure B for basic guidance) |
|84.1 |The Employer provides these |as stated for “Format A” available |
| |additional insurances |on |
| | |http://www.eskom.co.za/Tenders/Insur|
| | |ancePoliciesProcedures/Pages/EIMS_Po|
| | |licies.aspx |
| | |(See Annexure B for basic guidance) |
|84.1 |The Contractor provides these|COID |
| |additional insurances | |
|84.2 |The minimum limit of indemnity| |
| |for insurance in respect of | |
| |loss of or damage to property | |
| |(except the works, Plant, | |
| |Materials and Equipment) and | |
| |liability for bodily injury to| |
| |or death of a person (not an |whatever the Contractor deems |
| |employee of the Contractor) |necessary in addition to that |
| |caused by activity in |provided by the Employer. |
| |connection with this contract | |
| |for any one event is | |
| | | |
|84.2 |The minimum limit of indemnity|As prescribed by the Compensation |
| |for insurance in respect of |for Occupational Injuries and |
| |death of or bodily injury to |Diseases Act No. 130 of 1993 and the|
| |employees of the Contractor |Contractor’s common law liability |
| |arising out of and in the |for people falling outside the scope|
| |course of their employment in |of the Act with a limit of Indemnity|
| |connection with this contract |of not less than R500 000 (Five |
| |for any one event is |hundred thousand Rands). |
|9 |Termination |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. |
|10 |Data for main Option clause | |
|B |Priced contract with bill of | |
| |quantities | |
|60.6 |The method of measurement is |as stated in Part C2.1, Pricing |
| | |Assumptions. |
|11 |Data for Option W1 | |
|W1.1 |The Adjudicator is |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). |
|W1.2(3)|The Adjudicator nominating |the Chairman of ICE-SA a joint |
| |body is: |Division of the South African |
| | |Institution of Civil Engineering and|
| | |the London Institution of Civil |
| | |Engineers. (See www.ice-sa.org.za ) |
| | |or its successor body. |
|W1.4(2)|The tribunal is: |arbitration. |
|W1.4(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. |
| |The place where arbitration is|Johannesburg South Africa |
| |to be held is | |
| |The person or organisation who| |
| |will choose an arbitrator | |
| |if the Parties cannot agree a |the Chairman for the time being or |
| |choice or |his nominee of the Association of |
| |if the arbitration procedure |Arbitrators (Southern Africa) or its|
| |does not state who selects an |successor body. |
| |arbitrator, is | |
|12 |Data for secondary Option | |
| |clauses | |
|X2 |Changes in the law |There is no reference to Contract |
| | |Data in this Option and terms in |
| | |italics are identified elsewhere in |
| | |this Contract Data. |
|X5 |Sectional Completion | |
|X5.1 |The completion date for each |The completion date for each section|
| |section of the works is: |of the work will be specified in the|
| | |work programme for this project |
| | |executed in terms of this contract. |
|X5 & X7|Sectional Completion and delay| |
| |damages used together | |
|X7.1 |Delay damages for late | |
|X5.1 |Completion of the sections of |Section |
| |the works are: | |
| | |1 | | |
| | | |Description |Amount |
| |The total delay damages | |Works’ delay|R per day |
| |payable by the Contractor does|Total | | |
| |not exceed: |value | | |
| | |of the| | |
| | |Purcha| | |
| | |se | | |
| | |Order | | |
| | |issued| | |
|X5 & X7|Sectional Completion and delay|The delay damage for each section of|
| |damages used together |the work will be specified in the |
| | |programme for this project executed |
| | |in terms of this contract and will |
| | |be relevant to the specific project |
| | |being executed. |
|X15 |Limitation of the Contractor’s|There is no reference to Contract |
| |liability for his design to |Data in this Option and terms in |
| |reasonable skill & care |italics are identified elsewhere in |
| | |this Contract Data. |
|X16 |Retention (not used with | |
| |Option F) | |
|X16.1 |The retention free amount is |N/A |
| |The retention percentage is |5% |
|X18 |Limitation of liability | |
|X18.1 |The Contractor’s liability to |The sum of the loss as a result of |
| |the Employer for indirect or |any action arising by any negligent |
| |consequential loss is limited |act by any person under the |
| |to: |contractor’s employ or any person |
| | |performing work under the direct |
| | |supervision of the contractor |
|X18.2 |For any one event, the |the amount of the deductibles |
| |Contractor’s liability to the |relevant to the event described in |
| |Employer for loss of or damage|the insurance policy format selected|
| |to the Employer’s property is |in the data for clause 84.1 above, |
| |limited to: |which policy is available on |
| | |http://www.eskom.co.za/Tenders/Insur|
| | |ancePoliciesProcedures/Pages/EIMS_Po|
| | |licies.aspx |
|X18.3 |The Contractor’s liability for|The greater of |
| |Defects due to his design |the total of the Prices at the |
| |which are not listed on the |Contract Date |
| |Defects Certificate is limited|and |
| |to |the amounts excluded and |
| | |unrecoverable from the Employer’s |
| | |assets policy for correcting the |
| | |Defect (other than the resulting |
| | |physical damage which is not |
| | |excluded) plus R15M first amount |
| | |payable in terms of the Employer’s |
| | |assets policy. |
|X18.4 |The Contractor’s total |the total of the Prices other than |
| |liability to the Employer for |for the additional excluded matters.|
| |all matters arising under or | |
| |in connection with this |The Contractor’s total liability for|
| |contract, other than excluded |the additional excluded matters is |
| |matters, is limited to: |not limited. |
| | | |
| | |The additional excluded matters are |
| | |amounts for which the Contractor is |
| | |liable under this contract for |
| | | |
| | |Defects due to his design which |
| | |arise before the Defects Certificate|
| | |is issued, |
| | |Defects due to manufacture and |
| | |fabrication outside the Site, |
| | |loss of or damage to property (other|
| | |than the works, Plant and |
| | |Materials), |
| | |death of or injury to a person and |
| | |infringement of an intellectual |
| | |property right. |
|X18.5 |The end of liability date is |(i) seven years after the defects |
| | |date for latent Defects and |
| | | |
| | |(ii) the date on which the liability|
| | |in question prescribes in accordance|
| | |with the Prescription Act No. 68 of |
| | |1969 (as amended or in terms of any |
| | |replacement legislation) for any |
| | |other matter. |
| | | |
| | |A latent Defect is a Defect which |
| | |would not have been discovered on |
| | |reasonable inspection by the |
| | |Employer or the Supervisor before |
| | |the defects date, without requiring |
| | |any inspection not ordinarily |
| | |carried out by the Employer or the |
| | |Supervisor during that period. |
| | |If the Employer or the Supervisor do|
| | |undertake any inspection over and |
| | |above the reasonable inspection, |
| | |this does not place a greater |
| | |responsibility on the Employer or |
| | |the Supervisor to have discovered |
| | |the Defect. |
|Z |The Additional conditions of | |
| |contract are |Z1 to Z12 always apply. |
| | | |
|Z1 |Cession delegation and assignment |
|Z1.1 |The Contractor does not cede, delegate or assign any of its rights |
| |or obligations to any person without the written consent of the |
| |Employer. |
|Z1.2 |Notwithstanding the above, the Employer may on written notice to |
| |the Contractor 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 Contractor 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 Employer for the performance of this |
| |contract. |
|Z2.2 |Unless already notified to the Employer, the persons or |
| |organisations notify the Project Manager within two weeks of the |
| |Contract Date of the key person who has the authority to bind the |
| |Contractor on their behalf. |
|Z2.3 |The Contractor does not alter the composition of the joint venture,|
| |consortium or other unincorporated grouping of two or more persons |
| |without the consent of the Employer having been given to the |
| |Contractor in writing. |
| | |
|Z3 |Change of Broad Based Black Economic Empowerment (B-BBEE) status |
|Z3.1 |Where a change in the Contractor’s legal status, ownership or any |
| |other change to his business composition or business dealings |
| |results in a change to the Contractor’s B-BBEE status, the |
| |Contractor notifies the Employer within seven days of the change. |
|Z3.2 |The Contractor is required to submit an updated verification |
| |certificate and necessary supporting documentation confirming the |
| |change in his B-BBEE status to the Project Manager within thirty |
| |days of the notification or as otherwise instructed by the Project |
| |Manager. |
|Z3.3 |Where, as a result, the Contractor’s B-BBEE status has decreased |
| |since the Contract Date the Employer may either re-negotiate this |
| |contract or alternatively, terminate the Contractor’s obligation to|
| |Provide the Works. |
|Z3.4 |Failure by the Contractor to notify the Employer of a change in its|
| |B-BBEE status may constitute a reason for termination. If the |
| |Employer 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 Contractor 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 Contractor, enters the public domain or to information which |
| |was already in the possession of the Contractor at the time of |
| |disclosure (evidenced by written records in existence at that |
| |time). Should the Contractor disclose information to Others in |
| |terms of clause 25.1, the Contractor ensures that the provisions of|
| |this clause are complied with by the recipient. |
|Z4.2 |If the Contractor is uncertain about whether any such information |
| |is confidential, it is to be regarded as such until notified |
| |otherwise by the Project Manager. |
|Z4.3 |In the event that the Contractor is, at any time, required by law |
| |to disclose any such information which is required to be kept |
| |confidential, the Contractor, to the extent permitted by law prior |
| |to disclosure, notifies the Employer 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 Contractor 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 works or any portion thereof, in the course of |
| |Providing the Works and after Completion, requires the prior |
| |written consent of the Project Manager. All rights in and to all |
| |such images vests exclusively in the Employer. |
|Z4.5 |The Contractor 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 Project Manager, the |
| |Supervisor, 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 27.4 |
|Z6.1 |The Contractor undertakes to take all reasonable precautions to |
| |maintain the health and safety of persons in and about the |
| |execution of the works. Without limitation the Contractor: |
| |accepts that the Employer may appoint him as the “Principal |
| |Contractor” (as defined and provided for under the Construction |
| |Regulations 2014 (promulgated under the Occupational Health & |
| |Safety Act 85 of 1993) (“the Construction Regulations”) for the |
| |Site; |
| |warrants that the total of the Prices as at the Contract Date |
| |includes a sufficient amount for proper compliance with the |
| |Construction Regulations, 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|
| |works; and |
| |undertakes, in and about the execution of the works, to comply with|
| |the Construction Regulations and 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 Contractor’s |
| |direction and control, likewise observe and comply with the |
| |foregoing. |
|Z6.2 |The Contractor, in and about the execution of the works, 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 Contractor’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 Project|
| |Manager in terms of core clause 51.1, the Contractor provides the |
| |Employer with a tax invoice in accordance with the Employer's |
| |procedures stated in the Works Information, showing the amount due |
| |for payment equal to that stated in the payment certificate. |
|Z7.2 |If the Contractor does not provide a tax invoice in the form and by|
| |the time required by this contract, the time by when the Employer |
| |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|
| |Employer in terms of core clause 51.2 is then calculated from the |
| |delayed date by when payment is to be made. |
|Z7.3 |The Contractor (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 |
| |Employer’s VAT number 4740101508 on each invoice he submits for |
| |payment. |
| | |
|Z8 |Notifying compensation events |
|Z8.1 |Delete from the last sentence in core clause 61.3, “unless the |
| |Project Manager should have notified the event to the Contractor |
| |but did not”. |
| | |
|Z9 |Employer’s limitation of liability |
|Z9.1 |The Employer’s liability to the Contractor for the Contractor’s |
| |indirect or consequential loss is limited to R0.00 (zero Rand) |
|Z9.2 |The Contractor’s entitlement under the indemnity in 83.1 is |
| |provided for in 60.1(14) and the Employer’s liability under the |
| |indemnity is limited. |
| | |
|Z10 |Termination: Add to core clause 91.1, at the second main bullet |
| |point, fourth sub-bullet point, after the words "against it": |
|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 Contractor’s payment of delay damages |
| |reaches the limits stated in this Contract Data for Option X7 or |
| |Options X5 and X7 used together, the Employer may terminate the |
| |Contractor’s obligation to Provide the Works 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 Contractor 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 Contractor, 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
Prohibited Action means any one or more of a Coercive Action,
Collusive Action Corrupt Action, Fraudulent Action or
Obstructive Action.
Z 12.1 A Committing Party may not take any Prohibited Action during
the course of the procurement of this contract or in execution
thereof.
Z 12.2 The Employer may terminate the Contractor’s obligation to
Provide the Works if a Committing Party has taken such Prohibited
Action and the Contractor did not take timely and appropriate action
to prevent or remedy the situation, without limiting any other rights
or remedies the Employer 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 Employer can terminate
the Contractor’s obligation to Provide the Works for this reason.
Z 12.3 If the Employer terminates the Contractor’s obligation to
Provide the Works for this reason, the procedures and amounts due on
termination are respectively P1, P2 and P3, and A1 and A3.
Z 12.4 A Committing Party co-operates fully with any investigation
pursuant to alleged Prohibited Action. Where the Employer does not
have a contractual bond with the Committing Party, the Contractor
ensures that the Committing Party co-operates fully with an
investigation.
Annexure A: One-in-ten-year-return weather data obtained from SA Weather
Bureau for [weather station]
If any one of these weather measurements recorded within a calendar month,
before the Completion Date for the whole of the works and at the place
stated in this Contract Data is shown to be more adverse than the amount
stated below then the Contractor may notify a compensation event.
| |Weather measurement |
|Month |Cumulative |Number of |Number of |Number of |[Other |
| |rainfall |days with |days with |days with |measurements|
| |(mm) |rain more |min air temp|snow lying |if |
| | |than 10mm |

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