ESKOM Tenders

Bid Number: PS(M)2020/AG/02
Bid Description: Provision fo bus transport services for the Medupi Power Station Project
Name of Institution: Eskom Holdings (SOC) Ltd
Place where goods, works or services are required: Medupi Power Station, Lephalale, Limpopo
 


Date Published:  23 March 2020
Closing Date / Time:  26 May 2020 14:00
Enquiries:
Contact Person: Ansie Gous
Email: [email protected]
Telephone number: 014 762 2489
FAX Number: N/A


Where bid documents can be obtained:
Website: National Treaury e tendering, Eskom Tennder bulletin (If system are available)
Physical Address:

Where bids should be delivered:
Physical Address: Eskom Matimba Power Station, Nelson Mandela Road, Lephalale, Limpopo


Briefing Session
A compulsory / Optional briefing session will be held on:  Not applicable
Date:
Time:
Venue:


Special Conditions:


Not applicable



{TENDER_DOCUMENTS_TEXT_START}Date: 17 October 2014

Enquiries: FSS Contact Centre
Tel: 011 800 5060

Dear Vendor
SENDING INVOICES ELECTRONICALLY
In an endeavor to reduce the time it takes to pay suppliers, Eskom is enhancing its processes to
move submission of invoices from manual to electronic submission via email.
This letter is aimed to empower you to start with the configuration of your system so that you can
submit invoices electronically from go-live date on 16 November 2014 and also to provide you with
time to raise your queries that we might not have thought of.
Invoices can be submitted using the emails below from the 16 November 2014. Ensure you
pick the right email address as there are different emails addresses.
Between now and the 16 November 2014 you may continue to submit your invoices manually, or via
email provided the invoices are submitted in original PDF format and comply with tax requirements
to [email protected] Further information is detailed hereunder.

Details on how to submit invoices and additional information:


Ensure that the Eskom order number is clearly indicated on your invoice together with the
line number on the order you are billing for.



All Electronic invoices must be sent in PDF format only.



Each PDF file should contain one invoice; or one debit note; or one credit note only as
Eskom’s SAP system does not support more than one PDF being linked into workflow at a
time.



Your E-mail may contain more than one PDF file (e.g. 2 invoices on 2 separate PDF files in
one e-mail)



Before 16 November 2014, send all invoices in original PDF format via e-mail to Eskom email
address [email protected]



With effect from 16 November 2014, send all invoices in PDF straight from your system to
an Eskom email address (see email addresses below)

Shared Services
Finance
3 Simba Road, Sunninghill
Tel +27 11 800 8111 www.eskom.co.za
Eskom Holdings SOC Limited Reg No 2002/015527/06



For Foreign invoices, suppliers will still be required to physically deliver hard copies of original
documents to the respective documentation management centers even though you have emailed those invoices (Eskom is still seeking clarity from the South African Reserve
Bank regarding e-invoicing for Foreign Invoices or invoices in foreign currency.
Current requirements are that these manual invoices should still be submitted. You
can send the invoice copy to the email addresses indicated below).



Tax Requirement
o

o
o

A PDF file that was created directly from a system meets the definition of original
document and is allowed (including saving documents from excel to PDF, word to
PDF etc.)
An Invoice that was printed and then scanned to PDF by the Vendor is not
acceptable as this is not an original tax invoice by SARS definition but a copy.
The following wording needs to appear on the invoice: “Your invoice is encrypted

in order to comply with SARS requirements that invoices and statements sent
electronically are tamperproof.”


If there is Cost Price Adjustment (CPA) on your invoice we recommend that you issue a
separate invoice for CPA so that if there are any issues on the CPA the rest of the invoice
can be paid while resolving the CPA issues.



Introduction of electronic invoicing does not guarantee payment but will ensure visibility of all
invoices and ensure that no invoices get lost. If the goods receipt is not done the invoice will
be parked and the system will automatically send an e-mail to the end user to do the goods
receipt. This is also tracked by Eskom through the park invoice report.



Your company can request a park invoice report from the Finance Shared Services (FSS)
contact center which can then be followed up and corrected. You are welcome to forward
the details of invoices corrected to the FSS contact center.



Email addresses for invoice submission:
Local Eskom invoices excluding Primary Energy, Group Capital, Eskom Enterprises and
Eskom Development Foundation: [email protected]
Foreign Eskom invoices excluding Primary Energy, Group Capital, Eskom Enterprises and
Eskom Development Foundation: [email protected]
Primary Energy invoices: [email protected]
Group Capital Power Delivery Projects (PDP): [email protected]
Group Capital Medupi, HO, PDD: [email protected]
Group Capital Mphum & Komati Project: [email protected]
Group Capital Kusile & Peaking: [email protected]
Eskom Enterprises: [email protected]
Eskom Development foundation: [email protected]



You do not require a goods receipt (GR) number to submit your invoices. When the
GR number is received you can then send the GR number to the FSS contact center
at [email protected] or 011 800 5060.



All queries and follow up on invoice payments should made by contacting the FSS Contact
Centre:
o

Tel: 011 800 5060

o

e-mail: [email protected]

Yours sincerely

Eskom Shared Services















Evaluation Pack


for


Service Providers


to


Eskom Group of Companies


(“Eskom Group”)


Copyright © Eskom Holdings SOC Ltd Registration Number 2002/015527/00


This Pack applies from 1 March 2020 to 28 February 2021 and is subject to
changes in tax legislation.

CONTENTS
Page

INTRODUCTION 4


DISCLAIMER 4


CONTRACTOR TYPE 5


EVALUATION PACK A 6

CONTRACTOR’S DETAILS FOR A COMPANY OR CLOSE CORPORATION OR TRUST 6
1. RESIDENCE 7
Question 1(i) 7
2. NUMBER OF EMPLOYEES EXCLUSION 7
Question 2(i) 7
Question 2(ii) 7
Question 2(iii) 7
3. SERVICES RENDERED BY A CONNECTED PERSON 8
Question 3(i) 8
4. MORE THAN 80% OF INCOME TEST 8
Question 4(i) 8
5. PLACE, CONTROL AND SUPERVISION TEST 8
Question 5(i) 8
6. DOMINANT IMPRESSION TEST 9
Question 6(i) 9
Question 6(ii) 9
Question 6(iii) 9
Question 6(iv) 9
Question 6(v) 9
Question 6(vi) 9
Question 6(vii) 9
Question 6(viii) 9
Question 6(ix) 9
Question 6(x) 9
Question 6(xi) 9
PARTICULARS OF PERSON ACTING AS REPRESENTATIVE OF THE COMPANY/CLOSE
CORPORATION/TRUST 11

EVALUATION PACK B 12

CONTRACTOR’S DETAILS FOR AN INDIVIDUAL* 12
1. SERVICE OR PEOPLE TEST 13
Question 1(i) 13
2. PEOPLE TEST 13
Question 2(i) 13
Question 2(ii) 13
3. RESIDENCE TEST 13
Question 3(i) 13
4. NUMBER OF EMPLOYEES EXCLUSION 14
Question 4(i) 14
Question 4(ii) 14
Question 4(iii) 14
5. PLACE AND CONTROL TEST 14
Question 5(i) 14
Question 5(ii) 14
6. DOMINANT IMPRESSION TEST 15
Question 6(i) 15
Question 6(ii) 15
Question 6(iii) 15
Question 6(iv) 15
Question 6(v) 15
Question 6(vi) 15
Question 6(vii) 15
Question 6(viii) 15
Question 6(ix) 15
Question 6(x) 15
Question 6(xi) 15
PARTICULARS OF INDIVIDUAL 17

Appendix 1 18

AFFIDAVIT CONFIRMING THAT THE INDIVIDUAL/COMPANY/CC/TRUST EMPLOYS THREE
OR MORE FULL - TIME EMPLOYEES WHO ARE NOT CONNECTED PERSONS 18

Appendix 2 19

AFFIDAVIT CONFIRMING NO CONNECTED PERSON/S IN RELATION TO THE
INDIVIDUAL/COMPANY/CC/TRUST WILL PERSONALLY RENDER ANY SERVICE TO ESKOM
19

Appendix 3 20

AFFIDAVIT CONFIRMING SERVICES WILL NOT BE PERFORMED MAINLY AT ESKOM
AND/OR SHALL NOT BE CONTROLLED OR SUPERVISED BY ESKOM 20

Appendix 4 21

AFFIDAVIT CONFIRMING THAT NOT MORE THAN EIGHTY PERCENT (80 %) OF INCOME
IS OR IS LIKELY TO BE RECEIVED FROM ANY ONE CLIENT 21

Appendix 5 22

AFFIDAVIT CONFIRMING THAT AN INDIVIDUAL PROVIDES ESKOM WITH A SERVICE AS
OPPOSED TO PEOPLE 22

Appendix 6 23

DECLARATION BY 23
THAT THE CONTRACTOR IS A LABOUR BROKER 23

Appendix 7 24

DECLARATION BY 24
THAT THE CONTRACTOR IS DEPENDENT CONTRACTOR OR PERSONAL SERVICE PROVIDER
24

Appendix 8 25

DECLARATION BY 25
THAT THE CONTRACTOR IS AN INDEPENDENT SUPPLIER OR CONTRACTOR 25

Appendix 9 26

DECLARATION BY 26
THAT THE CONTRACTOR IS A NON-RESIDENT OF THE REPUBLIC OF SOUTH AFRICA 26

Appendix 10 27

DEFINITIONS AS PER THE INCOME TAX ACT, No. 58 of 1962, AS AMENDED. 27
“Connected Person” 27
"Associated Institution", in relation to any single employer, 29
"Labour Broker" 29
"Personal Service Provider” 29
"Remuneration" 29
“Resident” 30








|INTRODUCTION |
|The Fourth Schedule to the Income Tax Act 58 of 1962 (“the Act”) requires |
|that Employees' Tax must be withheld from "remuneration" paid by an |
|"Employer" to an "Employee". This tool is intended to establish whether an|
|Individual, Close Corporation, Company or Trust should be classified as an|
|Independent Contractor, Personal Service Provider, Labour Broker or a |
|Dependent Contractor, and the tax consequences of such classification. |
|This Pack is applicable ONLY to Contractors who supply Eskom Holdings SOC |
|Ltd (“Eskom”) and its subsidiaries with services or Individual Contractors|
|providing Eskom with labour. |
|The Contractor or its duly authorised representative must declare that all|
|questions have been answered truthfully. |
|Answering the questions will direct you to your next step. |
|PLEASE NOTE: |
|This Pack is based on tax legislation for the 2020/2021 tax year and is |
|subject to change. |
|In the questions, any references to "you" refers to the Contractor. |
|In the questions, the term Contractor is used interchangeably with |
|Individual/CC/Company/Trust. |
|Definitions as per the Income Tax Act are included in Appendix 10. |
|Any reference to “Eskom” refers to Eskom Holdings SOC Ltd and its |
|subsidiaries: |
|• Eskom Rotek Industries SOC Ltd |
|• Eskom Enterprises SOC (Pty) Ltd |
|• Escap SOC (Pty) Ltd |
|• Eskom Finance Company SOC (Pty) Ltd |
|• Eskom Foundation NPC |
| |
|The Pack is based on legislation and case law applicable to the 2020/2021 |
|tax year. We therefore recommend that, if it is used outside of this |
|period, you should first consult with your representative in Eskom to |
|refer it to Eskom’s Corporate Tax Department in Megawatt Park. |
|When you return the completed Pack; i.e. the signed summary sheet and |
|signed affidavits to Eskom, please copy Group Tax on Email address: |
|[email protected] |
|The Contractor or its duly Authorised Representative acknowledges and |
|accepts that: |
|Definitions as per the Income Tax Act, No 58 of 1962, as amended, are |
|listed in Appendix 10 for ease of reading. |
|It is responsible for accuracy and completeness of all information, which |
|is provided in completing this Pack; |
|The Pack will not be automatically updated with any changes in |
|legislation. |
|DISCLAIMER |
|Eskom accepts no liability whatsoever for any loss or damages whatsoever |
|and howsoever incurred, or suffered, resulting, or arising, from the use |
|of this Pack. |



CONTRACTOR TYPE




|SUPPLIER CATEGORY |
|Please complete the following questionnaire for: |
|Company/Close Corporation/Trusts - EVALUATION PACK A on page 6. |
|Individuals - EVALUATION PACK B on page 12. |







EVALUATION PACK A

(To determine whether a Company, Close Corporation (CC) or Trust is a
Personal Service Provider)
Fields marked with an Asterisk (*) must be completed

|CONTRACTOR’S DETAILS FOR A COMPANY OR CLOSE CORPORATION OR TRUST |
|Contractor’s Name* |Vendor No. |
|      |      |
|Duly Authorised Representative Name |Representative Surname |
|      |      |
|Capacity |Representative ID No.* |
|      |      |
|Representative Passport No. (if no |Country of Passport Issue |
|RSA ID) | |
|      |      |
|VAT Registration No. |Income Tax Registration No.* |
|      |      |
|CO/CC/Trust Registration No.* |E-Mail Address |
|      |      |
|Telephone Number* |Fax Number |
|      |      |
|Contractor’s Physical Business Address* |
|Unit No |      |
|Complex Name |      |
|Street Number |      |
|Street Name |      |
|Suburb |      |
|City/Town |      |
|Postal Code |      |
|Contractor’s Postal Business Address* |
|Same as above (Mark with an X) |      |
|Address TYPE (Delete where not |P O Box/Private Bag/Street Address |
|applicable) | |
|P O Box/Private Bag/Street NUMBER |      |
|Street Name |      |
|Suburb |      |
|Town |      |
|Postal Code |      |
|Contractor’s Bank Details* |
|Account Number |Bank Name |
|      |      |
|Branch Name |Branch Number |
|      |      |
|Name of Account Holder |Account Type (Delete where not |
| |applicable) |
|      |Current/ Savings/ |
| |Transmission/Credit Card/Bond |
| |Account |
|Account Holder Relationship* |
|i.e. own, joint or 3rd party |Own/Joint/3rd Party |



Please answer the following questions by marking the appropriate column
with an "X".

The term “You” will refer to the Company/CC/Trust in this Questionnaire.


|RESIDENCE |Yes |No |
|Question 1(i) | | |
|Are you a Resident of the Republic of South Africa in terms| | |
|of the Income Tax Act? (Refer to Appendix 10 for the | | |
|definition of a resident). | | |
| | | |
|If the answer is Yes, go to Question 2(i). | | |
| | | |
|If the answer is No: | | |
| | | |
|Sign Appendix 9. Submit The Pack to your contractor | | |
|representative in Eskom to refer it to Eskom Group Tax | | |
|Department in Megawatt Park. | | |
|No further questions must be answered. | | |
|NUMBER OF EMPLOYEES EXCLUSION |Yes |No |
|Question 2(i) | | |
|Do you employ 3 (three) or more persons (excluding | | |
|shareholders or members or beneficiaries of the | | |
|Company/CC/Trust)? | | |
| | | |
|If the answer is Yes, go to Question 2(ii). | | |
| | | |
|If the answer is No, go to Question 3(i). | | |
|Question 2(ii) | | |
|Are these employees employed: | | |
|On a full time basis; and | | |
|Are they engaged in the business of the Company/CC/Trust? | | |
| | | |
|If the answer is Yes, go to Question 2(iii). | | |
| | | |
|If the answer is No, go to Question 3(i). | | |
|Question 2(iii) | | |
|Are the above 3 employees connected to the shareholders or | | |
|the members or the beneficiaries of the Company/CC/Trust? | | |
| | | |
|If the answer is Yes, go to Question 3(i). | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 1. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Sign Appendix 8. If the Declaration is not signed, PAYE | | |
|will be withheld from your payments. | | |
|No further questions must be answered. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|Evaluation Pack. | | |
| | | |
| | | |
| | | |



|SERVICES RENDERED BY A CONNECTED PERSON |Yes |No |
|Question 3(i) | | |
|Will/are any person who is a Connected person in relation | | |
|to the Company/CC/Trust render services personally to Eskom| | |
|on behalf of the Company/CC/Trust? (Refer to Appendix 10 | | |
|for the definition of a Connected person). | | |
| | | |
|If the answer is Yes, go to Question 4(i). | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 2. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Sign Appendix 8. If the Declaration is not signed, PAYE | | |
|will be withheld from your payments. | | |
|No further questions must be answered. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |






|MORE THAN 80% OF INCOME TEST |Yes |No |
|Question 4(i) | | |
|During the current year of assessment: | | |
|Will more than 80% of your income; or | | |
|Is it likely that more than 80% of your income will consist| | |
|of amounts received either directly or indirectly, from: | | |
|any one client, or | | |
|an Associated institution in relation to that client? | | |
|(Refer to Annexure 9 for the definition of an Associated | | |
|institution) | | |
| | | |
|If the answer is Yes: | | |
|Sign Appendix 7. PAYE will be withheld from your payments.| | |
|Go to Question 6(i) to determine the correct disclosure | | |
|code on the IRP5. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 4. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Go to Question 5(i). | | |
|PLACE, CONTROL AND SUPERVISION TEST |Yes |No |
|Question 5(i) | | |
|Must your duties be performed /are your duties performed | | |
|mainly (more than 50%) at the premises of Eskom, | | |
|And | | |
|Will you be subject /are you subject to Eskom’s control or | | |
|supervision as to the manner in which your duties are to be| | |
|performed? | | |
| | | |
|If the answer is Yes to BOTH questions: | | |
|Sign Appendix 7. PAYE will be withheld from your payments.| | |
|Go to Question 6(i) to determine the correct disclosure | | |
|code on the IRP5. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 3. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Go to Question 6(i). | | |


|DOMINANT IMPRESSION TEST |Yes |No |
|Question 6(i) | | |
|Do/will the payments by Eskom for services payable with | | |
|reference to output or certain agreed results, e.g. payment| | |
|(be it a fixed fee or an hourly rate) be only due if and | | |
|when a specific deliverable has been completed? | | |
|Question 6(ii) | | |
|Does/Will Eskom have the contractual right to control the | | |
|tools or equipment, staff, raw materials, routines, patents| | |
|or technology used in the provision of the services? | | |
|Question 6(iii) | | |
|Are you/will you prohibited from rendering services to any | | |
|other employers/clients during the period of service to | | |
|Eskom? | | |
|Question 6(iv) | | |
|Do/will you have the right to sub-contract work? | | |
| | | |
|Question 6(v) | | |
|Are you personally or will you personally be at risk for | | |
|the quality of the work done or to be done (risk for poor | | |
|quality; time over-runs, project not producing income)? | | |
|Question 6(vi) | | |
|Are/will you or the person rendering the service be obliged| | |
|to be present and perform the work at Eskom regardless of | | |
|whether work is available or not? | | |
|Question 6(vii) | | |
|Is Eskom’s business or will Eskom’s business be critical to| | |
|your financial/economic survival? | | |
|Question 6(viii) | | |
|Does/will your position form part of Eskom’s organisational| | |
|structure? | | |
|Question 6(ix) | | |
|Does/will Eskom provide you with any of the following: | | |
|Pension fund / Provident fund / Retirement Annuity Fund; | | |
|Medical Aid; | | |
|Leave of any nature; | | |
|Salary increases; | | |
|Bonuses; | | |
|Any allowances. | | |
| | | |
|Question 6(x) | | |
|Does/will Eskom provide you with an office? | | |
|Question 6(xi) | | |
|Does/will Eskom provide you with any equipment, tools, | | |
|stationery and material? | | |
|Please go to the next section to establish your tax status.| | |
| | | |
|To establish your tax status, you need to summarise the | | |
|“Yes” and “No” as answered on Question 6(i) to 6(xi) in the| | |
|column below: | | |
| | | |
|Question | | |
|Yes | | |
|No | | |
| | | |
|6(i) | | |
|Independent | | |
|PSP | | |
| | | |
|6(ii) | | |
|PSP | | |
|Independent | | |
| | | |
|6(iii) | | |
|PSP | | |
|Independent | | |
| | | |
|6(iv) | | |
|Independent | | |
|PSP | | |
| | | |
|6(v) | | |
|Independent | | |
|PSP | | |
| | | |
|6(vi) | | |
|PSP | | |
|Independent | | |
| | | |
|6(vii) | | |
|PSP | | |
|Independent | | |
| | | |
|6(viii) | | |
|PSP | | |
|Independent | | |
| | | |
|6(ix) | | |
|PSP | | |
|Independent | | |
| | | |
|6(x) | | |
|PSP | | |
|Independent | | |
| | | |
|6(xi) | | |
|PSP | | |
|Independent | | |
| | | |
| | | |
| | | |
|Decision | | |
| | | |
|Independent | | |
| | | |
| | | |
|PSP | | |
| | | |
| | | |
| | | |
| | | |
|If you have answered “PSP” to any of the following | | |
|questions 6 (i), 6(iii), 6(v), 6(vi), 6(ix); | | |
|or | | |
|If you have answered more than 50% “PSP” to questions | | |
|6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi): | | |
|Complete and sign Appendix 7. PAYE will be withheld from | | |
|your payments and will be coded as 3601 on your IRP5 | | |
|certificate. | | |
|No further questions must be answered. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |
| | | |
|Alternatively: | | |
|If you have already signed Appendix 7 on Questions 4 or 5: | | |
|Code 3616 must be marked on Appendix 7 as the applicable | | |
|code to be disclosed on the IRP5 for payments received. | | |
| | | |
|If you have not signed Appendix 7 on Questions 4 or 5: | | |
|Sign Appendix 8. If the Declaration is not signed, PAYE | | |
|will be withheld from your payments. | | |
|No further questions must be answered. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |
| | | |






|Summary for |
|      |
|ID No.       |
|Vendor No:      |
| |
|Company/Close Corporation/Trust Summary |
| |
| |
| |
|Questions |
| |
| |
| |
|Answer |
|Please sign |
|he following Appendix (Appendices) |
| |
|1(i) |
|Are you a Resident of the Republic of South Africa in terms of the |
|Income Tax |
|Act? |
|      |
|      |
| |
|2(i) |
|Do you employ 3 (three) or more persons (excluding shareholders or |
|members or beneficiaries of the Company/CC/Trust and connected persons |
|in relation to the shareholder or member or beneficiaries)? |
|      |
|      |
| |
|2(i |
|) |
|Are these employees employed on a full time basis and are they engaged |
|in the business of the Company/CC/Trust? |
|      |
|      |
| |
|2(iii) |
|Are the above 3 employees connected to the shareholders or the members |
|or beneficiaries of the Company/CC/Trust? |
|      |
|      |
| |
|3(i) |
|Will/are any person who is a Connected person in relation to the |
|Company/CC/Trust render services personally to Eskom on behalf of the |
|Compa |
|y/CC |
|Trust? |
|      |
|      |
| |
|4(i) |
|During the current year of assessment will more than 80% of your income |
|or is it likely that more than 80% of your income will consist of |
|amounts received either directly or indirectly from any one client, or |
|an Associated institution in relation to that client? |
|      |
|      |
| |
|5(i) |
|Must your duties be performed / are your duties performed mainly (more |
|than 50%) at the premises of Eskom AND will you be /are you subject to |
|Eskom’s control or supervision as to the manner in which your duties are|
|performed or to the hours of work? |
|      |
|      |
| |
|6( |
|) |
|Do/will the payments by Eskom for services payable with reference to |
|output or certain agreed results, e.g. payment (be a fixed fee or an |
|hourly rate) be only due if and when a specific deliverable has been |
|completed? |
|      |
|      |
| |
|6(ii) |
|Does/Will Eskom have the contractual right to control the tools or |
|equipment, staff, raw materials, routines, patents or technology used in|
|the provision of the services? |
|      |
|      |
| |
|6(iii) |
|Are you/will you prohibited from rendering services to any other |
|employers/clients during the period of service to Eskom? |
|      |
|      |
| |
|6(iv) |
|Do/will you have the right to sub-contract work? |
|      |
|      |
| |
|6(v) |
|Are you personally or will you personally be at risk for the quality of |
|the work done or to be done (risk for poor quality; time over-runs, |
|project not producing income)? |
|      |
|      |
| |
|6(vi) |
|Are/will you or the person rendering the service be obliged to be |
|present and perform the work at Eskom regardless of whether work is |
|available or not? |
|      |
|      |
| |
|6(vii) |
|Is Eskom’s business or will Eskom’s business be critical to your |
|financial/economic survival? |
|      |
|      |
| |
|6(viii) |
|Does/will your position form part of Eskom’s organisational structure? |
|      |
|      |
| |
|6(ix) |
|Does/will Eskom provide you with any of the following: |
|Pension fund / Provident fund / Retirement Annuity Fund; medical aid, |
|leave of any nature, salary increases, bonuses or any allowances. |
|      |
|      |
| |
|6(x) |
|Does/will Eskom provide you with an office? |
|      |
|      |
| |
|6(xi) |
|Does/will Eskom provide you with any equipment, tools, stationery and |
|material? |
|      |
|      |
| |
|Tax Status |
|      |
| |
|PARTICULARS OF PERSON ACTING AS REPRESENTATIVE OF THE COMPANY/CLOSE |
|CORPORATION/TRUST |
|I, the undersigned, confirm that the information provided above is |
|accurate, and that the Company/CC/Trust will, while contracted to Eskom,|
|inform Eskom of any changes that take place pertaining to the |
|information provided above. Eskom shall be entitled to withhold from any|
|payments to be made to the Company/CC/Trust, any taxes, interest and |
|penalties that it may be required to pay to SARS as a result of the |
|above information being inaccurate. |
|Representative's Full |Capacity |Contact No. |
|Names | | |
|      |      |      |
|Signature |Date |
|      |      |


EVALUATION PACK B

(To determine whether an Individual is a Dependent Contractor)
Fields marked with an Asterisk (*) must be completed

|CONTRACTOR’S DETAILS FOR AN INDIVIDUAL* |
|Trading Name* |Vendor No. |
|      |      |
|First Names* |Initials* |
|      |      |
|Surname* |ID Number* |
|      |      |
|Passport No. (if no RSA ID) |Country of Passport Issue |
|      |      |
|VAT Registration No. |Income Tax Registration No.* |
|      |      |
|Date of Birth* |E-Mail Address |
|      |      |
|Telephone Number* |Fax Number |
|      |      |
|Contractor’s Physical Business Address* |
|Unit No |      |
|Complex Name |      |
|Street Number |      |
|Street Name |      |
|Suburb |      |
|City/Town |      |
|Postal Code |      |
|Contractor’s Postal Business Address* |
|Same as above (Mark with an X) |      |
|Address TYPE (Delete where not |P O Box/Private Bag/Street Address |
|applicable) | |
|P O Box/Private Bag/Street NUMBER |      |
|Street Name |      |
|Suburb |      |
|Town |      |
|Postal Code |      |
|Contractor’s Bank Details* |
|Account Number |Bank Name |
|      |      |
|Branch Name |Branch Number |
|      |      |
|Name of Account Holder |Account Type (Delete where not |
| |applicable) |
|      |Current/ Savings/ |
| |Transmission/Credit Card/Bond |
| |Account |
|Account Holder Relationship* |
|i.e. own, joint or 3rd party |Own/Joint/3rd Party |


Please answer the following questions by marking the appropriate column
with an "X".

|SERVICE OR PEOPLE TEST |SERVICE|PEOPLE |
|Question 1(i) | | |
|Do/will you provide Eskom with a service or people? | | |
| | | |
|If the answer is “Service”: | | |
|Complete and sign Appendix 5 Affidavit. If the Affidavit | | |
|is not signed, PAYE will be withheld from your payments. | | |
|Go to Question 3(i). | | |
| | | |
|If the answer is “People”, go to Question 2(i). | | |
|PEOPLE TEST |Yes |No |
|Question 2(i) | | |
|Do you provide Eskom with People and will these people be | | |
|paid by you? | | |
| | | |
|If the answer is Yes, go to Question 2(ii). | | |
| | | |
|If the answer is No, go to Question 3(i). | | |
|Question 2(ii) | | |
|Are you in possession of an IRP30 exemption certificate | | |
|which is valid for the period under review? | | |
| | | |
|If the answer is Yes: | | |
|Sign Appendix 6. If the Agreement is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Provide Eskom with the valid IRP30 certificate. If this | | |
|certificate is not provided, PAYE will be withheld from | | |
|your payments until such time the IRP30 certificate is | | |
|provided. | | |
|No further questions must be answered. | | |
|Sign the “Particulars of Individual” Section at the end of | | |
|the Evaluation Pack. | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 6. PAYE will be withheld from your payments.| | |
|PAYE will be withheld from your payments until such time | | |
|the valid IRP30 certificate is provided. | | |
|No further questions must be answered. | | |
|Sign the “Particulars of Individual” Section at the end of | | |
|the Evaluation Pack. | | |
|RESIDENCE TEST |Yes |No |
|Question 3(i) | | |
|Are you a Resident of the Republic of South Africa in terms| | |
|of the Income Tax Act? (Refer to Appendix 10 for the | | |
|definition of a Resident). | | |
| | | |
|If the answer is Yes, go to Question 4(i). | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 9. Submit this document to your | | |
|representative in Eskom to refer it to Eskom Group Tax | | |
|Department in Megawatt. | | |
|No further questions must be answered. | | |
|NUMBER OF EMPLOYEES EXCLUSION |Yes |No |
|Question 4(i) | | |
|Do you employ: | | |
|3 (three) or more persons, throughout the year? | | |
| | | |
|If the answer is Yes, go to Question 4(ii). | | |
| | | |
|If the answer is No, go to Question 5(i). | | |
|Question 4(ii) | | |
|Are these employees employed: | | |
|On a full time basis in your business; and | | |
|Are they engaged in the business of the Individual? | | |
| | | |
|If the answer is Yes, go to Question 4(iii). | | |
| | | |
|If the answer is No, go to Question 5(i). | | |
|Question 4(iii) | | |
|Are any of these employees Connected persons in respect of | | |
|the Individual, e.g. spouse, parent, adoptive parent, | | |
|child, grandparent, cousin, etc.? (Refer to Appendix 10 for| | |
|the definition of Connected person). | | |
| | | |
|If the answer is Yes, go to Question 5(i). | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 1. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Sign Appendix 8. If the Declaration is not signed, PAYE | | |
|will be withheld from your payments. | | |
|No further questions must be answered. | | |
|Sign the “Particulars of Individual” Section at the end of | | |
|the Evaluation Pack. | | |
|PLACE AND CONTROL TEST |Yes |No |
|Question 5(i) | | |
|Must your duties be performed mainly (i.e. more than 50%) | | |
|at premises of Eskom? | | |
| | | |
|If the answer is Yes, go to Question 5(ii). | | |
| | | |
|If the answer is No, go to Question 5(ii). | | |
|Question 5(ii) | | |
|Will you be /are you subject to Eskom’s control or | | |
|supervision as to the manner in which your duties are to be| | |
|performed or as to the hours of work? | | |
| | | |
|If the answers in both Questions 5(1) and 5(ii) are Yes: | | |
|Sign Appendix 7. PAYE will be withheld from your payments.| | |
|Go to Question 6(i) to determine the correct disclosure | | |
|code on the IRP5. | | |
|Sign the “Particulars of Individual” at the end of the | | |
|Evaluation Pack. | | |
| | | |
|If the answer is No: | | |
|Sign Appendix 3. If the Affidavit is not signed, PAYE will| | |
|be withheld from your payments. | | |
|Go to Question 6(i). | | |
|DOMINANT IMPRESSION TEST |Yes |No |
|Question 6(i) | | |
|Do/will the payments by Eskom for services payable with | | |
|reference to output or certain agreed results, e.g. payment| | |
|(be it a fixed fee or an hourly rate) be only due if and | | |
|when a specific deliverable has been completed? | | |
|Question 6(ii) | | |
|Does/Will Eskom have the contractual right to control the | | |
|tools or equipment, staff, raw materials, routines, patents| | |
|or technology used in the provision of the services? | | |
|Question 6(iii) | | |
|Are you/will you prohibited from rendering services to any | | |
|other employers/clients during the period of service to | | |
|Eskom? | | |
|Question 6(iv) | | |
|Do/will you have the right to sub-contract work? | | |
| | | |
|Question 6(v) | | |
|Are you personally / will you personally be at risk for the| | |
|quality of the work done or to be done (risk for poor | | |
|quality; time over-runs, project not producing income)? | | |
|Question 6(vi) | | |
|Are/will you or the person rendering the service be obliged| | |
|to be present and perform the work at Eskom regardless of | | |
|whether work is available or not? | | |
|Question 6(vii) | | |
|Is Eskom’s business or will Eskom’s business be critical to| | |
|your financial/economic survival? | | |
|Question 6(viii) | | |
|Does/will your position form part of Eskom’s organisational| | |
|structure? | | |
|Question 6(ix) | | |
|Does/will Eskom provide you with any of the following: | | |
|Pension fund / Provident fund / Retirement Annuity Fund; | | |
|Medical Aid; | | |
|Leave of any nature; | | |
|Salary increases; | | |
|Bonuses; | | |
|Any allowances. | | |
|Question 6(x) | | |
|Does/will Eskom provide you with an office? | | |
|Question 6(xi) | | |
|Does/will Eskom provide you with any equipment, tools, | | |
|stationery and material? | | |
|Please go to the next section to establish your tax status.| | |
| | | |
|To establish your tax status, you need to summarise the | | |
|“Yes” and “No” as answered on Question 6(i) to 6(xi) in the| | |
|column below: | | |
| | | |
|Question | | |
|Yes | | |
|No | | |
| | | |
|6(i) | | |
|Independent | | |
|Employee | | |
| | | |
|6(ii) | | |
|Employee | | |
|Independent | | |
| | | |
|6(iii) | | |
|Employee | | |
|Independent | | |
| | | |
|6(iv) | | |
|Independent | | |
|Employee | | |
| | | |
|6(v) | | |
|Independent | | |
|Employee | | |
| | | |
|6(vi) | | |
|Employee | | |
|Independent | | |
| | | |
|6(vii) | | |
|Employee | | |
|Independent | | |
| | | |
|6(viii) | | |
|Employee | | |
|Independent | | |
| | | |
|6(ix) | | |
|Employee | | |
|Independent | | |
| | | |
|6(x) | | |
|Employee | | |
|Independent | | |
| | | |
|6(xi) | | |
|Employee | | |
|Independent | | |
| | | |
| | | |
| | | |
|Decision | | |
| | | |
|Independent | | |
| | | |
| | | |
|PSP | | |
| | | |
| | | |
| | | |
|If you have answered “Employee” to any of the following | | |
|questions 6 (i), 6(iii), 6(v), 6(vi), 6(ix); | | |
|or | | |
|If you have answered more than 50% “Employee” to questions | | |
|6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi): | | |
|Complete and sign Appendix 7. PAYE will be withheld from | | |
|your payments. | | |
|No further questions must be answered. | | |
|Sign “Particulars of Individual” at the end of the | | |
|evaluation Pack. | | |
| | | |
|Alternatively: | | |
|If you have already signed Appendix 7 on Questions 5: | | |
|Code 3616 must be marked on Appendix 7 as the applicable | | |
|code to be disclosed on the IRP5 for payments received. | | |
| | | |
|If you have not signed Appendix 7 on Questions 5: | | |
|Sign Appendix 8. If the Declaration is not signed, PAYE | | |
|will be withheld from your payments. | | |
|No further questions must be answered. | | |
|Sign “Particulars of person acting as representative of the| | |
|Company/Close Corporation/Trust” at the end of the | | |
|evaluation Pack. | | |





|Summary for |
|      |
|ID No.       |
|Vendor No:      |
| |
|Company/Close Corporation/Trust Summary |
| |
| |
| |
|Questions |
| |
| |
| |
|Answer |
|Please si |
|n the following Appendix |
|Appendices) |
| |
|1(i) |
|Do/will you provide Eskom with a service or people? |
|      |
|      |
| |
|2(i) |
|Do you provide Eskom with people and will these people be paid by you? |
|      |
|      |
| |
|2 |
|ii) |
|Are you in a possession of an IRP30 exemption certificate which is valid|
|for the period under review? |
|      |
|      |
| |
|3(i) |
|Are you a Resident of the Republic of South Africa in terms of the |
|Income Tax Act? |
|      |
|      |
| |
|4(i) |
|Do you employ 3 (three) or more persons throughout the year? |
|      |
|      |
| |
|4(ii) |
|Are these employees employed on a full time basis and are they engaged |
|in the business of the Individual? |
|      |
|      |
| |
|4(iii) |
|Are any of these employees Connected in respect of the individuals, e.g.|
|spouse, parent, adoptive parent, child, grandparent, cousin, etc.? |
|      |
|      |
| |
|5(i) |
|Must your duties be performed / are your duties performed mainly (more |
|than 50%) at the premises of Eskom? |
|      |
|      |
| |
|5(ii) |
|Will you be /are you subject to Eskom’s control or supervision as to the|
|manner in which your duties are performed or to the hours of work? |
|      |
|      |
| |
|6(i) |
|Do/will the payments by Eskom for services payable with reference to |
|output or certain agreed results, e.g. payment (be a fixed fee or an |
|hourly rate) be only due if and when a specific deliverable has been |
|completed? |
|      |
|      |
| |
|6(ii) |
|Does/Will Eskom have the contractual right to control the tools or |
|equipment, staff, raw materials, routines, patents or technology used in|
|the provision of the services? |
|      |
|      |
| |
|6(iii) |
|Are you/ |
|ill you prohibited from rendering services to any other |
|employers/clients during the period of service to Eskom? |
|      |
|      |
| |
|6(iv) |
|Do/will you have the right to sub-contract work? |
|      |
|      |
| |
|6(v) |
| |
|re you personally or will you personally be at risk for the quality of |
|the work done or to be done (risk for poor quality; time over-runs, |
|project not producing income)? |
|      |
|      |
| |
|6(vi) |
|Are/will you or the person rendering t |
|e service be obliged to be present and perform the work at Eskom |
|regardless of whether work is available or not? |
|      |
|      |
| |
|6(vii) |
|Is Eskom’s business or will Eskom’s business be critical to your |
|financial/economic survival? |
|      |
|      |
| |
|6(viii) |
|Does/will your position form part of Eskom’s organisational structure? |
|      |
|      |
| |
|6(ix) |
|Does/will Eskom provide you with any of the following: |
|Pension fund / Provident fund / Retirement Annuity Fund; medical aid, |
|leave of any nature, salary increases, bonuses or any allowances. |
|      |
|      |
| |
|6(x) |
|Does/will Eskom provide you with an office? |
|      |
|      |
| |
|6(xi) |
|Does/will Eskom provide you with any equipment, tools, stationery and |
|material? |
|      |
|      |
| |
|Tax Status |
|      |
| |
| |
|PARTICULARS OF INDIVIDUAL |
|I, the undersigned, confirm that the information provided above is |
|accurate, and that I will, while contracted to Eskom, inform Eskom of |
|any changes that take place pertaining to the information provided |
|above. Eskom shall be entitled to withhold from any payments to be made |
|to me any taxes, interest and penalties that it may be required to pay |
|to SARS as a result of the above information being inaccurate. |
|Individual’s Full Names |Capacity |Contact No. |
|      |      |      |
|Signature |Date |
|      |      |
Appendix 1


|AFFIDAVIT CONFIRMING THAT THE INDIVIDUAL/COMPANY/CC/TRUST EMPLOYS THREE |
|OR MORE FULL - TIME EMPLOYEES WHO ARE NOT CONNECTED PERSONS |


|I, the undersigned, |      |

|ID-Number |      |

do hereby make oath and state as follows:

1. The facts deposed to in this affidavit are within my personal
knowledge and are both true and correct.

|2.|I am the duly authorised |      |
| |representative of | |


(“the Company / CC / Trust”).

3.  I confirm that I/Company/CC/Trust employs three (3) or more full-time
employees engaged in the business of the Individual/Company/CC/Trust
throughout the year of assessment, which excludes any employee who is a
Connected Person to the Individual/Shareholders/Members/Beneficiaries.

4.  The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC
Ltd or its subsidiaries (hereinafter referred to as “Eskom”) forthwith in
writing should the statement in 3 above no longer be the case.

5.  If the Individual/Company/CC/Trust fails to notify Eskom in respect of
3 above, the Individual/Company/CC/Trust shall be liable in full for any
taxes, penalties and interest that SARS may impose on Eskom.

| |


DEPONENT

I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:
• KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,
• THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
• AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.

THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.


________________________
COMMISSIONER OF OATHS

Appendix 2


|AFFIDAVIT CONFIRMING NO CONNECTED PERSON/S IN RELATION TO THE |
|INDIVIDUAL/COMPANY/CC/TRUST WILL PERSONALLY RENDER ANY SERVICE TO ESKOM |

|I, the undersigned, |      |

|ID-Number |      |

do hereby make oath and state as follows:

1.  The facts deposed to in this affidavit are within my personal knowledge
and are both true and correct.
|2.|I am the duly authorised |      |
| |representative of | |


(“the Company / CC / Trust”).

3.  I confirm that no Connected Person(s) as defined in the Income Tax Act
No. 58 of 1962 in relation to the Individual/Company/CC/Trust will
personally render any service to Eskom Holdings SOC Ltd or its subsidiaries
(hereinafter referred to as “Eskom”).

4.  The Individual/Company/CC/Trust undertakes to notify Eskom forthwith in
writing should the statement in 3 above no longer be the case.

If the Individual/Company/CC/Trust fails to notify Eskom in respect of 3
above, the Individual/Company/CC/Trust shall be liable in full for any
taxes, penalties and interest that SARS may impose on Eskom.

_____________________
DEPONENT

I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:
• KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,
• THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
• AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.

THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.


________________________
COMMISSIONER OF OATHS


Appendix 3


|AFFIDAVIT CONFIRMING SERVICES WILL NOT BE PERFORMED MAINLY AT ESKOM |
|AND/OR SHALL NOT BE CONTROLLED OR SUPERVISED BY ESKOM |

|I, the undersigned, |      |

|ID-Number |      |

do hereby make oath and state as follows:

1.  The facts deposed to in this affidavit are within my personal knowledge
and are both true and correct.
|2.|I am the duly authorised |      |
| |representative of | |


(“Company/CC/Trust”).
3.  I/the Company/CC/Trust confirms that:
I/any person who will be rendering services to Eskom Holdings SOC Ltd
or its subsidiaries (hereinafter referred to as “Eskom”) on behalf of
myself/the Company/CC/Trust will not be required to perform the services
mainly (i.e. more than 50 %) at Eskom’s premises during the year of
assessment.

I/any person who will render the services to Eskom on behalf of
myself/the Company/CC/Trust will not be subject to the control or
supervision of Eskom as to the manner in which the duties are to be
performed or as to the hours of work.

4.  I/the Company/CC/Trust undertakes to notify Eskom forthwith in writing
should, the statement in 3 above no longer be the case.

5.  If I/the Company/CC/Trust fail/s to notify Eskom in respect of 3 above,
I/the Company/CC/Trust shall be liable in full for any taxes, penalties and
interest that SARS may impose on Eskom.

_____________________
DEPONENT

I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:
• KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,
• THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
• AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.

THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.

_______________________
COMMISSIONER OF OATHS

Appendix 4


|AFFIDAVIT CONFIRMING THAT NOT MORE THAN EIGHTY PERCENT (80 %) OF INCOME |
|IS OR IS LIKELY TO BE RECEIVED FROM ANY ONE CLIENT |

|I, the undersigned, |      |

|ID-Number |      |

do hereby make oath and state as follows:

1.  The facts deposed to in this affidavit are within my personal knowledge
and are both true and correct.
|2.|I am the duly authorised |      |
| |representative of | |


(“the Company/CC/Trust”).

3.  I confirm that the Company/CC/Trust does not receive and is unlikely to
receive more than eighty percent (80 %) of its income, either directly or
indirectly, from any one client or any associated institution as defined in
the Income Tax Act No. 58 of 1962 in relation to such client during the
year of assessment.

4.  The Company/CC/Trust undertakes to notify Eskom Holdings SOC Ltd or its
subsidiaries (hereinafter referred to as “Eskom”) forthwith in writing
should the statement in 3 above no longer be the case.

5.  If the Company/CC/Trust fails to notify Eskom in respect of 3 above,
the Company/CC/Trust shall be liable in full for any, taxes, penalties and
interest that SARS may impose on Eskom.

_____________________
DEPONENT

I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:
• KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,
• THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
• AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.

THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.



________________________
COMMISSIONER OF OATHS


Appendix 5


|AFFIDAVIT CONFIRMING THAT AN INDIVIDUAL PROVIDES ESKOM WITH A SERVICE AS |
|OPPOSED TO PEOPLE |



|I, the undersigned, |      |

|ID-Number |      |


do hereby make oath and state as follows:

1.  The facts deposed to in this affidavit are within my personal knowledge
and are both true and correct.

2.  I confirm that:
a)  I provide Eskom Holdings SOC Ltd or / and its subsidiaries with a
service; and
b) I do not carry on a business whereby I provide clients with other
persons who render a service or perform work for such clients.

3. I undertake to notify Eskom forthwith in writing should the statement
in 2 above no longer be the case.

4.  If I fail to notify Eskom in respect of 2 above, I shall be liable in
full for any taxes, penalties and interest that SARS may impose on Eskom.

_____________________
DEPONENT

I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:
• KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,
• THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
• AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.

THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.


________________________
COMMISSIONER OF OATHS


Appendix 6


|DECLARATION BY |      |
|(Contractor name) |
|THAT THE CONTRACTOR IS A LABOUR BROKER |
|Contractor’s |      |
|Name: | |

|Vendor No: |Income Tax Ref |VAT No: |Identification No: |
| |No: | | |
|      |      |      |      |
|Passport No: |      |Country of Passport |      |
| | |Issue | |
|E-Mail address: |Telephone Number: |
|      |      |
|Postal Address: |Physical Address: |
|      |      |
|      |      |
|Postal Code: |Postal Code: |
|      |      |
| | |

|Bank Details: |
|Type of |Current/ Savings/ Transmission/Credit Card/Bond Account|
|Account: | |
|Name of Account |Branch Name: |Account Number: |Branch Number: |
|Holder: | | | |
|      |      |      |      |

Classification of Contractor:
I confirm the following:
1. That I am classified as an Labour Broker.
2. If I do provide Eskom with a valid IRP30 certificate:
• No Employees' Tax will be withheld from payments made to me.
• An IT3(a) certificate with the code 3617 will be issued to me and the
reason code to be used for the non-deduction is 07.
3. If I do not provide Eskom with a valid IRP30 certificate:
• Employees' Tax will be withheld from payments made at the tax rates
applicable to individuals until such time that a valid IRP30
certificate is provided to Eskom.
• An IRP5 certificate with the code 3617 will be issued to me.

1.  I declare the information in this Pack is true and correct.
2.  I undertake to notify Eskom Holdings SOC Ltd or its subsidiaries
forthwith in writing should my status change.

_____________________________
_________________________
Contractor Signature Date


Appendix 7


|DECLARATION BY |      |
|(Contractor name) |
|THAT THE CONTRACTOR IS DEPENDENT CONTRACTOR OR PERSONAL SERVICE PROVIDER |
|Contractor’s |      |
|Name: | |

|Vendor No: |Income Tax Ref |VAT No: |Identification No: |
| |No: | | |
|      |      |      |      |
|Passport No: |      |Country of Passport |      |
| | |Issue | |
|E-Mail address: |Telephone Number: |
|      |      |
|Postal Address: |Physical Address: |
|      |      |
|      |      |
|Postal Code: |Postal Code: |
|      |      |
| | |

|Bank Details: |
|Type of |Current/ Savings/ Transmission/Credit Card/Bond Account|
|Account: | |
|Name of Account |Branch Name: |Account Number: |Branch Number: |
|Holder: | | | |
|      |      |      |      |

Classification of Contractor:
I confirm the following:
That the Individual / Company / CC / Trust is classified as Dependent
Contractor or a Personal Service Provider and therefore Employees' Tax will
be withheld from payments made to the Individual / Company / CC / Trust at
the prevailing tax rate prescribed by the Income Tax Act, No.58 of 1962, as
amended.
Payments made to the Individual / Company / CC / Trust will be coded as
3601 / 3616 (please refer to Question 6 of your Pack for guidance to select
the correct code) and the nature of the person will be coded as 'H'.

I declare that:
1. The information in this Pack is true and correct.
|I am the duly authorised |      |
|representative of | |


(“the Company / CC / Trust”).
2. The Individual / Company / CC / Trust undertakes to notify Eskom
Holdings SOC Ltd or its subsidiaries (hereinafter referred to as
“Eskom”) forthwith in writing should the status of the Individual /
Company / CC / Trust change.

_____________________________
_________________________
Duly Authorised Representative Date


Appendix 8


|DECLARATION BY |      |
|(Contractor name) |
|THAT THE CONTRACTOR IS AN INDEPENDENT SUPPLIER OR CONTRACTOR |
|Contractor’s |      |
|Name: | |

|Vendor No: |Income Tax Ref |VAT No: |Identification No: |
| |No: | | |
|      |      |      |      |
|Passport No: |      |Country of Passport |      |
| | |Issue | |
|E-Mail address: |Telephone Number: |
|      |      |
|Postal Address: |Physical Address: |
|      |      |
|      |      |
|Postal Code: |Postal Code: |
|      |      |
| | |

|Bank Details: |
|Type of |Current/ Savings/ Transmission/Credit Card/Bond Account|
|Account: | |
|Name of Account |Branch Name: |Account Number: |Branch Number: |
|Holder: | | | |
|      |      |      |      |

Classification of Contractor:
I confirm the following:
1. That the Individual/Company/CC/Trust is not classified as a Personal
Service Provider /Dependent Contractor.
2. No Employees' Tax will, therefore, be withheld from payments made to
the Individual/Company/CC/Trust.
3. Eskom will not issue an IRP5/IT3(a) certificate for the payments made
to the Individual/Company/CC/Trust.

I declare that:
1. The information in this Pack is true and correct.
|I am the duly authorised |      |
|representative of | |


(“the Company / CC / Trust”).
2. The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC
Ltd or its subsidiaries (hereinafter referred to as “Eskom”) forthwith
in writing should the status of the Individual/Company/CC/Trust change.

_____________________________
_________________________
Duly Authorised Representative Date


Appendix 9


|DECLARATION BY |      |
|(Contractor name) |
|THAT THE CONTRACTOR IS A NON-RESIDENT OF THE REPUBLIC OF SOUTH AFRICA |
|Contractor’s |      |
|Name: | |

|Vendor No: |Income Tax Ref |VAT No: |Identification No: |
| |No: | | |
|      |      |      |      |
|Passport No: |      |Country of Passport |      |
| | |Issue | |
|E-Mail address: |Telephone Number: |
|      |      |
|Postal Address: |Physical Address: |
|      |      |
|      |      |
|Postal Code: |Postal Code: |
|      |      |
| | |

|Bank Details: |
|Type of |Current/ Savings/ Transmission/Credit Card/Bond Account|
|Account: | |
|Name of Account |Branch Name: |Account Number: |Branch Number: |
|Holder: | | | |
|      |      |      |      |

Classification of Contractor:
I confirm the following:
That the Individual / Company / CC / Trust is classified as a Non-Resident
of the Republic of South Africa and therefore Employees' Tax may be
withheld from payments made to the Individual / Company / CC / Trust at the
prevailing tax rate prescribed by the Income Tax Act, No.58 of 1962, as
amended.

I declare that:
1. The information in this Pack is true and correct.
|I am the duly authorised |      |
|representative of | |


(“the Company / CC / Trust”).
2. The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC
Ltd or its subsidiaries (hereinafter referred to as “Eskom”) forthwith
in writing should the status of the Individual/Company/CC/Trust change.

_____________________________
_________________________
Duly Authorised Representative Date


Appendix 10


|DEFINITIONS AS PER THE INCOME TAX ACT, No. 58 of 1962, AS AMENDED. |


“Connected Person”

means-
a)  in relation to a natural person-
i)   any relative; and
ii)  any trust of which such natural person or such relative is a
beneficiary;

b)  in relation to a trust-
i)   any beneficiary of such trust; and
ii)  any connected person in relation to such beneficiary;

bA)     in relation to a connected person in relation to a trust (other
than a collective investment scheme in property shares managed or carried
on by any company registered as a manager under section 42 of the
Collective Investment Schemes Control Act, 2002, for purposes of Part V of
that Act), includes any other person who is a connected person in relation
to such trust;

c)   in relation to a member of any partnership-
i)     any other member; and
ii)     any connected person in relation to any member of such
partnership;


d)  in relation to a company-
i)     any other company that would be part of the same group of
companies as that company if the expression ‘at least 70 per cent’ in
paragraphs (a) and (b) of the definition of ‘group of companies’ in this
section were replaced by the expression ’more than 50 per cent’;


[deleted by Revenue Laws Amendment Act No. 20 of 2006] ;


iv)        any person, other than a company as defined in section 1 of
the Companies Act, 1973 (Act No 61 of 1973), who individually or jointly
with any connected person in relation to himself, holds, directly or
indirectly, at least 20 per cent of the company's equity share capital,
or voting rights;


any other company if at least 20 per cent of the equity share capital of
such company is held by such other company, and no shareholder holds the
majority voting rights of such company;


vA)  any other company if such other company is managed or controlled by-
aa)    any person who or which is a connected person in relation to
such company; or
any person who or which is a connected person in relation to a
person contemplated in item (aa); and


vi)   where such company is a close corporation-
aa)   any member;
bb)   any relative of such member or any trust which is a connected
person in relation to such member; and
cc)      any other close corporation or company which is a connected
person in relation to-
i)      any member contemplated in item (aa); or
ii)      the relative or trust contemplated in item (bb); and


e)      in relation to any person who is a connected person in relation to
any other person in terms of the foregoing provisions of this
definition, such other person; and in this definition the expression
"beneficiary" means any person who has been named in the will or deed
of trust concerned-
i)    as a beneficiary; or
ii)   as a person upon whom the trustee of the trust has the power to
confer a benefit from such trust.


"Associated Institution", in relation to any single employer,

means-
a)      where the employer is a company, any other company which is
associated with the employer company by reason of the fact that both
companies are managed or controlled directly or indirectly by substantially
the same persons; or

b)       where the employer is not a company, any company which is managed
or controlled directly or indirectly by the employer or by any partnership
of which the employer is a member; or

c)     



"Labour Broker"

means -
any natural person who conducts or carries on any business whereby such
person for reward provides a client of such business with other persons to
render a service or perform work for such client, or procures such other
persons for the client, for which services or work such other persons are
remunerated by such person;



"Personal Service Provider”

means -
any company or trust, where any service rendered on behalf of such company
or trust to a client of such company or trust is rendered personally by any
person who is a connected person in relation to such company or trust, and—

a)        such person would be regarded as an employee of such client if
such service was rendered by such person directly to such client, other
than on behalf of such company or trust; or

b)        where those duties must be performed mainly at the premises of
the client, such person or such company or trust is subject to the
control or supervision of such client as to the manner in which the
duties are performed or are to be performed in rendering such service;
or

where more than 80 per cent of the income of such company or trust during
the year of assessment, from services rendered, consists of or is
likely to consist of amounts received directly or indirectly from any
one client of such company or trust, or any associated institution as
defined in the Seventh Schedule to this Act, in relation to such
client,


Except where such company or trust throughout the year of assessment
employs three or more full-time employees who are on a full-time basis
engaged in the business of such company or trust of rendering any such
service, other than any employee who is a shareholder or member of the
company or trust or is a connected person in relation to such person;



"Remuneration"

means -
any amount of income which is paid or is payable to any person by way of
any salary, leave pay, wage, overtime pay, bonus, gratuity, commission,
fee, emolument pension, superannuation allowance, retiring allowance or
stipend, whether in cash or otherwise and whether or not in respect of
services rendered, including-

a)       any amount referred to in paragraph (a), (c), (cA),(d), (e), (eA)
or (f) of the definition of "gross income" in section one of this Act;

any amount required to be included in such person's gross income under
paragraph (i) of that definition;

bA)    … 

but not including-

ii)      any amount paid or payable in respect of services rendered or
to be rendered by any person (other than a person who is not a
resident or an employee contemplated in paragraph (b), (c), (d) (e) or
(f)of the definition of "employee") in the course of any trade carried
on by him independently of the person by whom such amount is paid or
payable and of the person to whom such services have been or are to be
rendered: Provided that for the purposes of this paragraph a person
shall not be deemed to carry on a trade independently as aforesaid if
the services are required to be performed mainly at the premises of
the person by whom such amount is paid or payable or of the person to
whom such services were or are to be rendered and the person who
rendered or will render the services is subject to the control or
supervision of any other person as to the manner in which his or her
duties are performed or to be performed or as to his hours of work.
Provided further that a person will be deemed to be carrying on a
trade independently as aforesaid if he throughout the year of
assessment employs three or more employees who are on a full time
basis engaged in the business of such person of rendering any such
service, other than any employee who is a connected person in relation
to such person;

iii)     … 



“Resident”

means any-
a) natural person who is-

i) ordinarily resident in the Republic; or

ii) not at any time during the relevant year of assessment ordinarily
resident in the Republic, if that person was physically present in
the Republic-

a) for a period or periods exceeding 91 days in aggregate during the
relevant year of assessment, as well as for a period or periods
exceeding 91 days in aggregate during each of the five years of
assessment preceding such year of assessment; and

b) for a period or periods exceeding 915 days in aggregate during
those five preceding years of assessment,

in which case that person will be a resident with effect from the
first day of that relevant year of assessment: Provided that-
A) a day shall include a part of a day, but shall not include any day
that a person is in transit through the Republic between two places
outside the Republic and that person does not formally enter the
Republic through a “port of entry” as contemplated in section 9 (1)
of the Immigration Act, 2002 (Act No. 13 of 2002), or at any other
place as may be permitted by the Director General of the Department
of Home Affairs or the Minister of Home Affairs in terms of that
Act; and

B) where a person who is a resident in terms of this subparagraph is
physically outside the Republic for a continuous period of at least
330 full days immediately after the day on which such person ceases
to be physically present in the Republic, such person shall be
deemed not to have been a resident from the day on which such
person so ceased to be physically present in the Republic; or




b) person (other than a natural person) which is incorporated, established
or formed in the Republic or which has its place of effective management
in the Republic,

but does not include any person who is deemed to be exclusively a resident
of another country for purposes of the application of any agreement entered
into between the governments of the Republic and that other country for the
avoidance of double taxation;





Summary Sheet:
For Eskom Use Only:
|EMPLOYEES’ TAX: |PAYE |SDL |UIF |TAX |TAX CODE|NATURE OF|
| |RATE |1% - |1% - |CERTIFICATE|ON IRP5 |PERSON |
| | |Employe|Employe| |/ IT3(a)|CODE |
| | |r |r | | | |
| | |contrib|contrib| | | |
| | |ution |ution | | | |
| | | |1% - | | | |
| | | |Employe| | | |
| | | |e | | | |
| | | |contrib| | | |
| | | |ution | | | |
|Labour Broker |Individu|N/A |X |IRP5 / |3617 |A |
| |al tax | | |IT3(a) | | |
| |rates | | | | | |
|Dependent Contractor |Individu|X |X |IRP5 / |3601 or |“A” for |
| |al tax | | |IT3(a) |3616 |Individua|
| |rates | | | | |l |
| | | | | | |“E” for |
| | | | | | |Company/C|
| | | | | | |C |
| | | | | | |“D” for |
| | | | | | |Trust |
|Independent Contractor |No tax |N/A |N/A |N/A |N/A |N/A |


X = Applicable

VAT:
Independent contractors who carry on activities independent from Eskom may
be registered VAT vendors. PAYE is calculated on the VAT exclusive amount.
Checklist - For Eskom Use Only:
|EVALUATION PACK A – COMPANY OR CLOSE CORPORATION OR TRUST |
|Contractor’s |      | | |
|Name: | | | |
|Vendor No: |      | | |
|No. |Questions |Yes |No |If Answer|Check |
| | | | |is: |Signed |
| | | | | |Appendix|
|2(i)|Do you employ 3 (three) or more persons | | | | |
| |(excluding shareholders or members or | | | | |
| |beneficiaries of the Company/CC/Trust | | | | |
| |and connected persons in relation to the| | | | |
| |shareholder or member or beneficiaries)?| | | | |
|2(ii|Are these employees employed on a full | | | | |
|) |time basis and are they engaged in the | | | | |
| |business of the Company/CC/Trust? | | | | |
|2(ii|Are the above 3 employees connected to | | |No |1 & 8 |
|i) |the shareholders or the members or | | | | |
| |beneficiaries of the Company/CC/Trust? | | | | |
|3(i)|Will/are any person who is a Connected | | |No |2 & 8 |
| |person in relation to the | | | | |
| |Company/CC/Trust render services | | | | |
| |personally to Eskom on behalf of the | | | | |
| |Company/CC/Trust? | | | | |
|4(i)|During the current year of assessment | | |Yes |7 |
| |will more than 80% of your income or is | | |Or |Or |
| |it likely that more than 80% of your | | |No |4 |
| |income will consist of amounts received | | | | |
| |either directly or indirectly from any | | | | |
| |one client, or an Associated institution| | | | |
| |in relation to that client? | | | | |
|5(i)|Must your duties be performed / are your| | |Yes |7 |
| |duties performed mainly (more than 50%) | | |Or |Or |
| |at the premises of Eskom AND will you be| | |No |3 |
| |/are you subject to Eskom’s control or | | | | |
| |supervision as to the manner in which | | | | |
| |your duties are performed or to the | | | | |
| |hours of work? | | | | |
|6(i)|Do/will the payments by Eskom for | | | | |
| |services payable with reference to | | | | |
| |output or certain agreed results, e.g. | | | | |
| |payment (be a fixed fee or an hourly | | | | |
| |rate) be only due if and when a specific| | | | |
| |deliverable has been completed? | | | | |
|6(ii|Does/Will Eskom have the contractual | | | | |
|) |right to control the tools or equipment,| | | | |
| |staff, raw materials, routines, patents | | | | |
| |or technology used in the provision of | | | | |
| |the services? | | | | |
|6(ii|Are you/will you prohibited from | | | | |
|i) |rendering services to any other | | | | |
| |employers/clients during the period of | | | | |
| |service to Eskom? | | | | |
|6(iv|Do/will you have the right to | | | | |
|) |sub-contract work? | | | | |
|6(v)|Are you personally or will you | | | | |
| |personally be at risk for the quality of| | | | |
| |the work done or to be done (risk for | | | | |
| |poor quality; time over-runs, project | | | | |
| |not producing income)? | | | | |
|6(vi|Are/will you or the person rendering the| | | | |
|) |service be obliged to be present and | | | | |
| |perform the work at Eskom regardless of | | | | |
| |whether work is available or not? | | | | |
|6(vi|Is Eskom’s business or will Eskom’s | | | | |
|i) |business be critical to your | | | | |
| |financial/economic survival? | | | | |
|6(vi|Does/will your position form part of | | | | |
|ii) |Eskom’s organisational structure? | | | | |
|6(ix|Does/will Eskom provide you with any of | | | | |
|) |the following: | | | | |
| |Pension fund / Provident fund / | | | | |
| |Retirement Annuity Fund; medical aid, | | | | |
| |leave of any nature, salary increases, | | | | |
| |bonuses or any allowances. | | | | |
|6(x)|Does/will Eskom provide you with an | | | | |
| |office? | | | | |
|6(xi|Does Eskom provide you with any | | | | |
|) |equipment, tools, stationery and | | | | |
| |material? | | | | |
| |Tax Status |      |      |Personal |7 |
| | | | |Service | |
| | | | |Provider | |
| | | | |Or |Or |
| | | | |Independe|8 |
| | | | |nt Person| |
|The following must be accompany all |Signed “Particulars of person acting as |
|the questions |representative of the Company / Close |
| |Corporation / Trust”. |

Checklist - For Eskom Use Only:
|EVALUATION PACK B – INDIVIDUALS |
|Contractor’s |      | | |
|Name: | | | |
|Vendor No: |      | | |
|No. |Questions |Service|People|If Answer|Check |
| | | | |is: |Signed |
| | | | | |Appendix|
| | |Yes |No | | |
|2(ii|Are you in a position of an IRP30 | | |Yes/No |6 |
|) |exemption certificate which is valid | | | | |
| |for the period under review? | | | | |
|3(i)|Are you a Resident of the Republic of | | |No |Refer to|
| |South Africa in terms of the Income Tax| | | |Group |
| |Act? | | | |Tax |
|4(i)|Do you employ 3 (three) or more persons| | | | |
| |(excluding shareholders or members or | | | | |
| |beneficiaries of the Company/CC/Trust)?| | | | |
|4(ii|Are these employees employed: | | | | |
|) |On a full time basis in your business; | | | | |
| |and | | | | |
| |are they engaged in the business of the| | | | |
| |Company/CC/Trust? | | | | |
|4(ii|Are any of these employees connected in| | |No |1 & 8 |
|i) |respect of the Individual, e.g. spouse,| | | | |
| |parent, adoptive parent, child, | | | | |
| |grandparent, cousin, etc.? | | | | |
|5(i)|Do you render/will you be rendering the| | | | |
| |service mainly (more than 50%) at the | | | | |
| |premises of Eskom? | | | | |
|5(ii|Are you/Will you be subject to Eskom’s | | |Yes to |7 |
|) |control or supervision as to the manner| | |5(i) and | |
| |in which your duties are to be | | |5(ii) |or |
| |performed or as to the hours of work? | | |or |3 |
| | | | |No to | |
| | | | |5(i) or | |
| | | | |5(ii) | |
|6(i)|Do/will the payments by Eskom for | | | | |
| |services payable with reference to | | | | |
| |output or certain agreed results, e.g. | | | | |
| |payment (be it a fixed fee or an hourly| | | | |
| |rate) be only due if and when a | | | | |
| |specific deliverable has been | | | | |
| |completed? | | | | |
|6(ii|Does/Will Eskom have the contractual | | | | |
|) |right to control the tools or | | | | |
| |equipment, staff, raw materials, | | | | |
| |routines, patents or technology used in| | | | |
| |the provision of the services? | | | | |
|6(ii|Are you/will you prohibited from | | | | |
|i) |rendering services to any other | | | | |
| |employers/clients during the period of | | | | |
| |service to Eskom? | | | | |
|6(iv|Do/will you have the right to | | | | |
|) |sub-contract work? | | | | |
|6(v)|Are you personally / will you | | | | |
| |personally be at risk for the quality | | | | |
| |of the work done or to be done (risk | | | | |
| |for poor quality; time over-runs, | | | | |
| |project not producing income)? | | | | |
|6(vi|Are/will you or the person rendering | | | | |
|) |the service be obliged to be present | | | | |
| |and perform the work at Eskom | | | | |
| |regardless of whether work is available| | | | |
| |or not? | | | | |
|6(vi|Is Eskom’s business or will Eskom’s | | | | |
|i) |business be critical to your | | | | |
| |financial/economic survival? | | | | |
|6(vi|Does/will your position form part of | | | | |
|ii) |Eskom’s organisational structure? | | | | |
|6(ix|Does/will Eskom provide you with any of| | | | |
|) |the following: | | | | |
| |Pension fund / Provident fund / | | | | |
| |Retirement Annuity Fund; | | | | |
| |Medical Aid; | | | | |
| |Leave of any nature; | | | | |
| |Salary increases; | | | | |
| |Bonuses; | | | | |
| |Any allowances. | | | | |
|6(x)|Does/will Eskom provide you with an | | | | |
| |office? | | | | |
|6(xi|Does/will Eskom provide you with any | | | | |
|) |equipment, tools, stationery and | | | | |
| |material? | | | | |
| |Tax Status |      |      |Employee |7 |
| | | | |Or |Or |
| | | | |Independe| |
| | | | |nt Person|8 |
|The following must be accompany all the |Signed “Particulars of |
|questions |“Individual”. |



ANNEXURE B 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. Preferential Procurement Regulations, 2017 (Regulation 8) makes
provision for the promotion of local production and content.


2. Regulation 8.(2) prescribes that in the case of designated sectors,
where in the award of bids local production and content is of critical
importance, such bids must be advertised with the specific bidding
condition that only locally produced goods, services or works or
locally manufactured goods, with a stipulated minimum threshold for
local production and content will be considered.

3. In terms of Regulation 16(2) of the Preferential Procurement
Regulations, 2017, any sector designated and minimum threshold
determined for local production and content for purposes of regulation
9 of the 2011 Regulations and in force immediately before the repeal of
the 2011 Regulations, are regarded as having been done under regulation
8(1) of the 2017 Regulations.


4. Where necessary, for bids 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.

5. 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.

6. 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.


The SABS approved technical specification number SATS 1286:2011 is
accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at
no cost.


7. A bid will 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

Textile, Clothing, Leather & Footwear Sector
100%

3. Does any portion of the services, works or goods offered have any
imported content?
(Tick applicable box)


|YES | |NO | |

1. 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)

|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. CRAC-DNR-32233 |
| |
|ISSUED BY: TRANSNET SOC LTD |
|NB |
|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. |
|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: |
| |
|The facts contained herein are within my own personal knowledge. |
| |
|I have satisfied myself that: |
|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) |
|R |
| |
|Imported content (x), as calculated in terms of SATS 1286:2011 |
|R |
| |
|Stipulated minimum threshold for local content (paragraph 3 above) |
|100% |
| |
|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. |
| |
|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. |
|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: |
|___________ |

-----------------------
FAILURE TO FULLY COMPLETE, DECLARE & SIGN THIS WILL RESULT IN THE BID BEING
NON-RESPONSIVE & DISQUALIFIED


FAILURE TO FULLY COMPLETE, DECLARE & SIGN THIS WILL RESULT IN THE BID BEING
NON-RESPONSIVE & DISQUALIFIED


FAILURE TO FULLY COMPLETE, DECLARE & SIGN THIS WILL RESULT IN THE BID BEING
NON-RESPONSIVE & DISQUALIFIED


FAILURE TO FULLY COMPLETE, DECLARE & SIGN THIS WILL RESULT IN THE BID BEING
NON-RESPONSIVE & DISQUALIFIED






Criteria


Criticality

Points

Bus Specification compliance requirements
No points allocated if the minimum requirements are not met.
The contractor must provide 22 Seater busses as an when required.
Information to be provided for a minimum of 4 buses. No points
allocated if the minimum requirements are not met.
Proof of the availability of the number of busses will be required as
follows:
a) In the case of ownership:
Proof of ownership by means of Vehicle registration Documents will be
required. Registration documents needs to align with the company
name tendering.



b) In the case of leasing: contract lease agreement should be
provided together with lease companies proof of ownership by means of
Vehicle registration documents
One(1) Bus from each supplier must have wheelchair access for PWD
( People with Disabilities). Proof needs to be provided in the form of a
letter from a manufacturer on the vehicle specification to comply with
this requirement.
The vehicles must be Euro 3 compliant.
Buses must be built on bus chassis or an OEM approved truck chassis
for buses. Proof provided by manufacturer
Proof of valid road worthy certificate (COF) must be in the vehicles at all
times.
Vehicles must have road site assistance ( breakdown service
assistance). Policy to be provided.
Driver safety compliance requirements
All drivers’ must have Public Driving Permit (PDP), EC1/04 0r EC
licence certificate .
Drivers’ must have vehicle safety training or advanced driving
certificates
Drivers’ must have health examination certificates.
Drivers must be in uniform of supplier’s choice (No takkies or caps are
allowed).
Operational requirements
The contractor must provide a dedicated contract manager for the
duration of contract. CV's required
The contractor must have a Technical Service history from OEM
Supplier or CV's of qualified mechanics and qualified auto electricians.
The contractor must provide vehicles monitoring and control facilities
(Tracking and reporting operator). This must be available to the
employer. Policy to be provided.
The contractor must provide qualified (Health and EC1/04 or EC licence
certificate) drivers and avail spare drivers. CV's required

;:0*,00 =*8 *,07-*,

Vehicles must have a warning triangle and fire extinguisher.
The tyres must be commercial steel-belt radial tyres 8-ply. (No
rethreads are allowed).
Steps must have anti-slip treads.
All vehicles must have an emergency contact number of the Supplier
affixed to the right hand top rear side of the vehicle for 24hrs usage
All wheelchair vehicles must be labelled as such on the windscreen and
the back of the bus.
Vehicles must be fitted with a heater and air conditioning;
Vehicles must have passenger lights.
Vehicles must have enough leg room to accommodate passengers of
at least 1,8m height.
Vehicles must have ABS brakes
Vehicles must be fitted with a reverse alarm beeper
Non-smoking and safety belt stickers must be displayed in all the
vehicles.




1
1




!






(





Three monthly roads worthy certificate (COF) must be provided
throughout the contract period.

medium

1

Spare wheels must be available for all vehicles

medium

1

Jack and wheel spanners must be on all 22 seater vehicles.

medium

1

High

2

Vehicles must have first Aid kit

medium

1

Vehicles must have a spill kit to contain any fuel or hydraulic oil spills/
leaks should they occur

medium

1

All vehicles must have a monitoring device connected to Tracker
system

All seats must be covered in soft cloth and not vinyl material.
Confirmation letter required.
Vehicles used to carry Eskom employees must comply with The
National Road Traffic Act requirements (NRTA).
The driver's seat must be adjustable. The driver's compartment must
be partitioned as per the NRTA specification
Vehicles must have SABS approved three-point safety belt for every
seat.
Vehicles must not have fold-up or jockey seats.
Vehicles must have at least two emergency exit for every 12 (twelve)
passengers.
Vehicles must have a yellow reflective tape that must be fitted at a
height of between 250 mm and 1,5m from the road surface, to both
sides as well as across the rear covering 80% of the vehicle in
compliance with NRTA
Vehicles must have a speed warning sign (100 km/h) at the back of the
vehicle


High






!

medium

1

medium

'

23*00 045-6 378*4, 9:*3,-0
There must be reception area for visitors in premises/office
Contractor must have communication to all vehicles in operation. Driver
needs to have a communication devise at all times.
Contractor must at least have one replacement vehicle available
immediately in case of breakdowns.

?-48 2*,-0

medium

1

High

2

High

2





| |




NEC3 Term Service Contract (TSC3)






|Between |ESKOM HOLDINGS SOC LIMITED |
| |(Reg No. 2002/015527/30) |
|and | |
| | |
|for |The Provision of Bus Transportation Services for|
| |Medupi Power Station Project |
| | |
|Contents: | |No of |
| | |pages |
|Part C1 |Agreements & Contract Data |13 |
|Part C2 |Pricing Data |4 |
|Part C3 |Scope of Work |9 |
| | | |
|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 |8 |
| |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:


The Provision of Bus Transportation Services for Medupi Power Station
Project


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.


|Options |The offered total of the Prices exclusive of|Rates based contract |
|A |VAT is | |
| |Sub total | |
| |Value Added Tax @ 15% is | |
| |The offered total of the amount due | |
| |inclusive of VAT is[1] | |
| |(in words) [●] |

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: |N/A |


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: Service 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 of
this document, including the Schedule of Deviations (if any).


|Signature(| | | |
|s) | | | |
|Name(s) | | | |
| | | | |
|Capacity | | | |
|for the | |
|Employer | |
| | | | | |
|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 |
| | |Not applicable |


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 | | | |
| | | | |
|Capacity| | | |
|On | | | |
|behalf | | | |
|of | | | |
|Name & | | | |
|signatur| | | |
|e of | | | |
|witness | | | |
| | | | |
|Date | | | |













C1.2 TSC3 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: | |
| | |A: Priced contract with price list |
| |dispute resolution Option |W1: Dispute resolution procedure |
| |and secondary Options | |
| | |X1: Price adjustment for inflation |
| | |X2 Changes in the law |
| | |X18: Limitation of liability |
| | |X19: Task Order |
| | |Z: Additional conditions of |
| | |contract |
| |of the NEC3 Term Service | |
| |Contract (April 2013)[2] | |
|10.1 |The Employer is (name): |Eskom Holdings SOC Limited (Reg No: |
| | |2002/015527/06), a juristic person |
| | |incorporated in terms of the company|
| | |laws of the Republic of South Africa|
| |Address |Registered office at Megawatt Park, |
| | |Maxwell Drive, Sandton, Johannesburg|
|10.1 |The Service Manager is (name): |Harold Marais |
| |Address |Group Capital Division |
| | |Medupi Power Station Project |
| | |Site Infrastructure Department |
| | |Private Bag 7502 |
| | |Onverwacht |
| | |0557 |
| |Tel |014 762 2417 |
| |Fax |N/A |
| |e-mail |[email protected] |
|11.2(2|The Affected Property is |Medupi Power Station Project |
|) | | |
|11.2(1|The service is |Bus Transportation Services |
|3) | | |
|11.2(1|The following matters will be | |
|4) |included in the Risk Register |None |
|11.2(1|The Service Information is in |Part 3: Scope of Work and all |
|5) | |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 |2 Days |
|2 |The Contractor’s main | |
| |responsibilities | |
|21.1 |The Contractor submits a first | |
| |plan for acceptance within |N/A |
|3 |Time | |
|30.1 |The starting date is. | 1 July 2020 |
|30.1 |The service period is |15 months (30 September 2021) |
|4 |Testing and defects | |
| | | |
| | | |
|5 |Payment | |
|50.1 |The assessment interval is |The 25th 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 |14 days from receipt of valid tax |
| | |invoice. |
|51.4 |The interest rate is |the publicly quoted prime rate of |
| | |interest (calculated on a 365 day |
| | |year) charged by from time to time |
| | |by the Standard Bank of South Africa|
| | |Limited (as certified, in the event |
| | |of any dispute, by any manager of |
| | |such bank, whose appointment it |
| | |shall not be necessary to prove) for|
| | |amounts due in Rands. |
|6 |Compensation events |Compensation event to be dealt as |
| | |they becomes known and in accordance|
| | |with sub clause 60 to 65 of this |
| | |contract. |
| | |The Contractor must submit a |
| | |quotation for a compensation event, |
| | |ie Additional transport services |
| | |that might be required. . The |
| | |Service Manager will assess the |
| | |quotation at market related prices |
| | |at the time of the event. |
| |These are additional | | |
| |compensation events: | | |
| | | | |
|7 |Use of Equipment Plant and |Not Applicable |
| |Materials | |
|8 |Risks and insurance | |
|80.1 |These are additional Employer's|None (these risks are addressed as |
| |risks |part of the standard NEC) |
|83.1 |The Employer provides these |None |
| |insurances from the Insurance | |
| |Table | |
|83.1 |The Employer provides these |None |
| |additional insurances | |
|83.1 |The Contractor provides these |Against failure of the Contractor to|
| |additional insurances: |use the skill and care normally used|
| | |by Contractors providing products |
| | |and services similar to the service |
| | |for amounts at the discretion of the|
| | |Contractor |
|83.1 |The minimum amount of cover for| R 1Million (One Million Rand) per|
| |insurance against loss and |incident but unlimited during the |
| |damage caused by the Contractor|service period |
| |to the Employer’s property is | |
|83.1 |The minimum amount of cover for|For a sum sufficient to provide for |
| |loss of or damage to Equipment |their replacement at the Site |
| |including but not be limited to| |
| |breakage, damage, loss, fire, | |
| |theft, malicious damage or | |
| |damages induced by riot & | |
| |strike (SASRIA) is: | |
|83.1 |The minimum amount of cover for|Whatever the Contractor deems |
| |insurance in respect of loss of|necessary for any one incident but |
| |or damage to property (except |unlimited during the period of |
| |the Employer’s property, Plant |insurance with “cross liability” so |
| |and Materials and Equipment) |that the insurance applies to the |
| |and liability for bodily injury|Parties involved in the Contract |
| |to or death of a person (not an|separately. |
| |employee of the Contractor) | |
| |arising from or in connection |Whilst the amount of cover to be |
| |with the Contractor’s Providing|purchased is at the discretion of |
| |the Service for any one event |the Contractor, the Employer |
| |is: |suggests that the minimum cover not |
| | |be less than R25 000 000 (twenty |
| | |five million Rand) per incident and |
| | |unlimited during the period of the |
| | |Contract |
|83.1 |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) and/or as |
| | |provided by the laws of the Country |
| | |in which the Contractor’s employees |
| | |are domiciled |
|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. |
| | |Section 9 of the conditions of |
| | |contract will be applicable |
|10 |Data for main Option clause | |
|A |Priced contract with price list|Main Option A |
|20.5 |The Contractor prepares | | |
| |forecasts of the final total of| | |
| |the Prices for the whole of the|Four (4) weeks. | |
| |service at intervals no longer | | |
| |than | | |
|11 |Data for Option W1 | |
|W1.1 |The Adjudicator |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). |
| |Address |To be selected for list of |
| | |Adjudicators available from |
| | |Arbitration foundation of Southern |
| | |Africa |
|W1.2(3|The Adjudicator nominating body|the Chairman of ICE-SA a joint |
|) |is: |Division of the South African |
| | |Institution of Civil Engineering and|
| | |the Institution of Civil Engineers |
| | |(London) (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 |the Chairman for the time being or |
| |if the Parties cannot agree a |his nominee of the Association of |
| |choice or |Arbitrators (Southern Africa) or its|
| |if the arbitration procedure |successor body. |
| |does not state who selects an | |
| |arbitrator, is | |
|12 |Data for secondary Option | |
| |clauses | |
|X1 |Price adjustment for inflation | |
|X1.1 |The base date for indices is | |
| | | |
| |The proportions used to | |
| |calculate the Price Adjustment | |
| |Factor are: | |
|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.As per Section |
| | |X2.1 conditions of contract |
|X18 |Limitation of liability | |
|X18.1 |The Contractor’s liability to | |
| |the Employer for indirect or | |
| |consequential loss is limited |R0.0 (zero Rand) |
| |to | |
|X18.2 |For any one event, the | R 1Million (one million Rand ) per |
| |Contractor’s liability to the |incident but unlimited during the |
| |Employer for loss of or damage |service period |
| |to the Employer’s property is | |
| |limited to | |
|X18.3 |The Contractor’s liability for |greater of |
| |Defects due to his design of an|the total of the Prices at |
| |item of Equipment is limited to|Completion |
| | |and |
| | |the amounts excluded and |
| | |unrecoverable from the Employer’s |
| | |insurance |
|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 contract, |The Contractor’s total liability for|
| |other than the 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 |
| | | |
| | |, loss of or damage to property |
| | |(other than the Employer’s property,|
| | |Plant and Materials), |
| | |death of or injury to a person and |
|X18.5 |The end of liability date is |Last day of the end of the service |
| | |period |
|X19 |Task Order | |
|X19.5 |The Contractor submits a Task | |
| |Order programme to the Service |2 Days of receiving the Task Order |
| |Manager within | |
|Z |The additional conditions of | |
| |contract are |Z1 to Z11 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 and the Electricity Distribution 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 Service 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 substantially 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 Service Manager within thirty |
| |days of the notification or as otherwise instructed by the Service |
| |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 P4 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 Service 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 Affected Property or any portion thereof, in the |
| |course of Providing the Service and after the end of the service |
| |period, requires the prior written consent of the Service 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 Service Manager or the |
| |Adjudicator does not constitute a waiver of rights, and does not |
| |give rise to an estoppel unless the Parties agree otherwise and |
| |confirm such agreement in writing. |
|Z6 |Health, safety and the environment: Add to core clause 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 service. 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 |
| |Affected Property; |
| |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|
| |the service; and |
| |undertakes, in and about the execution of the service, 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 service, 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 Service|
| |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 Service 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 the last paragraph of core clause 61.3 and replace with: |
| | |
| |If the Contractor does not notify a compensation event within eight|
| |weeks of becoming aware of the event, he is not entitled to a |
| |change in the Prices. |
| | |
|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 82.1 is |
| |provided for in 60.1(12) and the Employer’s liability under the |
| |indemnity is limited to compensation as provided for in core clause|
| |63 and X19.11 if Option X19 Task Order applies to this contract. |
|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 |
| |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 11.1 A Committing Party may not take any Prohibited Action |
| |during the course of the procurement of this contract or in |
| |execution thereof. |
| | |
| |Z 11.2 The Employer may terminate the Contractor’s obligation to |
| |Provide the Service 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 |
| |Service for this reason. |
| | |
| |Z 11.3 If the Employer terminates the Contractor’s obligation to |
| |Provide the Service for this reason, the procedures and amounts due|
| |on termination are respectively P1, P2, P3 and P4, and A1 and A3. |
| | |
| |Z 11.4 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. |
| | |
| | |
| | |
| | |
| | |

2 Contract Data


Part two - Data provided by the Contractor


Notes to a tendering contractor:

1. Please read both the both the NEC3 Term Service Contract (June 2005)
and the relevant parts of its Guidance Notes (TSC3-GN)[3] in order to
understand the implications of this Data which the tenderer is
required to complete.
2. The number of the clause which requires the data is shown in the left
hand column for each statement however other clauses may also use the
same data
3. Where a form field like this [     ] appears, data is required to be
inserted relevant to the option selected. Click on the form field once
and type in the data. Otherwise complete by hand and in ink.

Completion of the data in full, according to Options chosen, is essential
to create a complete contract.


|Clause |Statement |Data |
|10.1 |The Contractor is (Name): | |
| |Address | |
| |Tel No. | |
| |Email address:. | |
|11.2(8)|The direct fee percentage is |% |
| |The subcontracted fee |% |
| |percentage is | |
|11.2(14|The following matters will be | |
|) |included in the Risk Register |None |
|11.2(15|The Service Information for |C3.1 Employer’s Service Information |
|) |the Contractor’s plan is in: | |
|21.1 |The plan identified in the | |
| |Contract Data is contained in:|Not applicable |
|24.1 |The key persons are: | |
| |1 Name: | |
| |Job: | |
| |Responsibilities: | |
| |Qualifications: | |
| |Experience: | |
| |2 Name: | |
| |Job | |
| |Responsibilities: | |
| |Qualifications: | |
| |Experience: | |
| | | |
| | |CV's (and further key person's data |
| | |including CVs) are in Tender. |
|A |Priced contract with price | |
| |list | |
|11.2(12|The price list is in |Part 2 Pricing Data |
|) | | |
|11.2(19|The tendered total of the |Rates based |
|) |Prices is | |


















































Part 2: Pricing Data
TSC3 OPTION A










|Document reference |Title |No of |
| | |pages |
|C2.1 |Pricing assumptions: Option A |2 |
|C2.2 |The price list |1 |







C2.1 Pricing assumptions: Option A


The conditions of contract


1 How work is priced and assessed for payment

Clause 11 in NEC3 Term Service Contract (TSC3) core clauses and Option A
states:

|Identified |11 | |
|and defined |11.2 |(12) The Price List is the price list unless later |
|terms | |changed in accordance with this contract. |
| | |(17) The Price for Services Provided to Date is the |
| | |total of |
| | | |
| | |the Price for each lump sum item in the Price List |
| | |which the Contractor has completed and |
| | |where a quantity is stated for an item in the Price |
| | |List, an amount calculated by multiplying the quantity |
| | |which the Contractor has completed by the rate. |
| | |(19) The Prices are the amounts stated in the Price |
| | |column of the Price List. Where a quantity is stated |
| | |for an item in the Price List, the Price is calculated |
| | |by multiplying the quantity by the rate. |

This confirms that Option A is a priced contract where the Prices are
derived from a list of items of service which can be priced as lump sums or
as expected quantities of service multiplied by a rate or a mix of both.

2 2. Function of the Price List

Clause 54.1 in Option A states: “Information in the Price List is not
Service Information”. This confirms that instructions to do work or how it
is to be done are not included in the Price List but in the Service
Information. This is further confirmed by Clause 20.1 which states, “The
Contractor Provides the Service in accordance with the Service
Information”. Hence the Contractor does not Provide the Service in
accordance with the Price List. The Price List is only a pricing
document.


3 Link to the Contractor’s plan

Clause 21.4 states “The Contractor provides information which shows how
each item description on the Price List relates to the operations on each
plan which he submits for acceptance”. Hence when compiling the price
list, the tendering contractor needs to develop his first clause 21.2 plan
in such a way that operations shown on it can be priced in the price list
and result in a satisfactory cash flow in terms of clause 11.2(17).


Preparing the price list

Before preparing the price list, both the Employer and tendering
Contractors should read the TSC3 Guidance Notes pages 14 and 15. In an
Option A contract, either Party may have entered items into the price list
either as a process of offer and acceptance (tendering) or by negotiation
depending on the nature of the service to be provided. Alternatively the
Employer, in his Instructions to Tenderers or in a Tender Schedule, may
have listed some items that he requires the Contractor to include in the
price list to be prepared and priced by him.

It is assumed that in preparing or finalising the price list the
Contractor:



• Format of the price list Has taken account of the guidance given in
the TSC3 Guidance Notes relevant to Option A;
• Understands the function of the Price List and how work is priced and
paid for;
• Is aware of the need to link operations shown in his plan to items
shown in the Price List;
• Has listed and priced items in the price list which are inclusive of
everything necessary and incidental to Providing the Service in
accordance with the Service Information, as it was at the time of
tender, as well as correct any Defects not caused by an Employer’s
risk;
• Has priced work he decides not to show as a separate item within the
Prices or rates of other listed items in order to fulfil the
obligation to complete the service for the tendered total of the
Prices.
• Understands there is no adjustment to items priced as lump sums if the
amount, or quantity, of work within that item later turns out to be
different to that which the Contractor estimated at time of tender.
The only basis for a change to the (lump sum) Prices is as a result of
a compensation event.


5.

(From the example given in an Appendix within the TSC3 Guidance Notes)

Entries in the first four columns in the price list in section C2.2 are
made either by the Employer or the tendering Contractor.


If the Contractor is to be paid an amount for the item which is not
adjusted if the quantity of work in the item changes, the tendering
Contractor enters the amount in the Price column only, the Unit, Expected
Quantity and Rate columns being left blank.


If the Contractor is to be paid an amount for an item of work which is
the rate for the work multiplied by the quantity completed, the tendering
Contractor enters the rate which is then multiplied by the Expected
Quantity to produce the Price, which is also entered.


If the Contractor is to be paid a Price for an item proportional to the
length of time for which a service is provided, a unit of time is stated
in the Unit column and the expected length of time (as a quantity of the
stated units of time) is stated in the Expected Quantity column.





C2.2 the price list


|Item|Description |Unit |No of |Duratio|Rate per |
| | | |busses |n |Unit |
| | | |required|Months | |
|1 |22 seater Bus | | | | |
|1.1 |Return trip Marapong to |Per trip |4 |15 | |
| |Medupi | | | | |
|1.2 |Return trip Onverwacht to |Per trip |4 |15 | |
| |Medupi | | | | |
|1.3 |Return trip Lephalale to |Per trip |4 |15 | |
| |Medupi | | | | |
|2 |Ad Hoc Bus Services | | | | |
|2.1 |Traditional Council |p/Km |2 |15 | |
|2.2 |Winter Career Expo |p/km |3 |15 | |
| |Learners | | | | |
|2.3 |Transport learners to |p/km |1 |15 | |
| |Gauteng | | | | |
|2.4 |Weekend transport for |p/km |1 |15 | |
| |overtime workers | | | | |
|3. |Daily Hire Rate | | | | |
|3.1 |22 Seater Bus |p/day |1 |15 | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |

NOTE: Please submit the rates per unite of measure i.e. per bus, per
km, per day

Supplier:


…………………………….. ………………………………….. ……………………..
Name: Signature Date










Part 3: Scope of Work









|Document reference |Title |No of |
| | |pages |
| |This cover page |1 |
|C3.1 |Employer’s Service Information | |
|C3.2 |Contractor’s Service Information | |
| |(insert at award stage or delete if not | |
| |applicable) | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
| |Total number of pages | |
C3.1: EMPLOYER’S SERVICE INFORMATION

Description of the service


1 Executive overview

The provision of bus transportation services for Medupi project
employees to and from work. The areas to be serviced include Onverwacht,
Lephalale and Marapong. The service will be for approximately 180-240
people. Service must be provided using the following size of busses:
22 Seater


-or nearest equivalent.

Personnel start at 07:00 at Medupi Site and finish at 16:30. Bus
schedules must take into consideration travel times and pick up point
times must be stated.
Eskom will advise what size of bus is required and the contractor must
supply within 30 days for scheduled services.




2 Employer’s requirements for the service

❖ The supplier to submit a maintenance program on all buses and allow
Eskom Medupi Power Station site representative to visit and evaluate
the workshop where maintenance will be done.
❖ All the buses must be equipped with SABS approved seatbelts for each
seat. The extra standby bus (for when a breakdown occurs) to have
seatbelts as well.
❖ Eskom will carry out monthly inspections on each bus in conjunction
with the bus driver and will give a detailed report to the contractor.
❖ The contractor guarantees that they are qualified and properly
equipped to render the service and that they are fully conversant with
the legal provisions regarding the service to be rendered and shall
undertake to abide by such legal provisions.
❖ The contractor shall at all times comply with all legal requirements
in respect of the required service and shall at all times be the
holder of all licenses, permits and certificates that may be required
in terms of all legislation.
❖ The contractor shall operate the said bus service in a reasonable,
proper and efficient manner and shall ensure that his employees
conduct their appointed task in a proper and workmanlike manner.
However, the Contractor shall not be liable for any loss or damage
arising from any failures on his part to operate any particular
journey in strict accordance with the agreed time tables and routes,
if such failure is due to circumstances beyond his control.
❖ The contractor shall ensure the continuity of the service at all
times.
❖ The contractor shall abide by the detailed timetables and routs which
are approved by Medupi Power Station. Medupi Power Station however
reserves the right to amend the foresaid timetables and routes from
time to time in consultation with the contractor.
❖ Any changes to the service agreed to between Medupi Power Station and
the Contractor may result in a decrease or an increase in the number
of busses required to operate the service. Should additional busses be
required then buses of similar condition shall be introduced to the
fleet. Medupi Power Station reserves the right to reduce the bus or
buses depending on the scope of work.
❖ The contractor to supply Medupi Power Station with the roadworthy
certificate of each vehicle.


Vehicle Specifications


❖ All buses must comply with as a minimum the South African Road
Traffic Regulations with regard to the Transportation of People and
meet or exceed Eskom’s Vehicle Safety Standard 32-345
❖ All busses must have:
o Safety belts for every seat
o No fold up or jockey seats
o A speed warning sign
o The driver’s seat must be adjustable



3 Interpretation and terminology


The following abbreviations are used in this Service Information:

|Abbreviati|Meaning given to the abbreviation |
|on | |
| | |
| | |



Management strategy and start up.


1 The Contractor’s plan for the service

The contractor will submit a first plan to the Service Manager within two
weeks of contract award. The contractor will indicate the number of busses
required for the service, bus routes, time tables for different routes and
contingency plans for the service.


2 Management meetings


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

|Title and purpose|Approximate time & |Location |Attendance by: |
| |interval | | |
|Overall contract |Monthly |Medupi PS |Employer and |
|progress and | | |Contractor |
|feedback | | | |
| | | | |
| | | | |

Meetings of a specialist nature may be convened as specified elsewhere in
this Service Information or if not so specified by persons and at times and
locations to suit the Parties, the nature and the progress of the service.
Records of these meetings shall be submitted to the Service Manager by the
person convening the meeting within five days of the meeting.

All meetings shall be recorded using minutes or a register prepared and
circulated by the person who convened the meeting. Such minutes or
register shall not be used for the purpose of confirming actions or
instructions under the contract as these shall be done separately by the
person identified in the conditions of contract to carry out such actions
or instructions.


3 Contractor’s management, supervision and key people

N/A


4 Provision of bonds and guarantees

N/A

5 Documentation control

▪ Only the Service Manager can issue any instruction to the
contractor.
▪ All vehicle records must be handed to the Employer after completion
of the contract. Documents will be submitted in one hard copy and one
soft copy.


6 Invoicing and payment


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


and include on each invoice the following information:

0. Name and address of the Contractor and the Service Manager;
0. The contract number and title;
0. Contractor’s VAT registration number;
0. The Employer’s VAT registration number 4740101508;
0. Description of service provided for each item invoiced based on the
Price List;
0. Total amount invoiced excluding VAT, the VAT and the invoiced amount
including VAT;
0. (add other as required)

Procedures for invoice submission and payment (e. g. electronic payment
instructions)
• Submit a pro forma by the 20th of each month to the Employer
• The Employer will verify and return a payment certificate to the
Contractor around 25th of the month
• Following receipt of the payment certificate the Contractor would be
required to submit a tax invoice to the Employer and the following
email address [email protected]

Invoices should be addressed as below.

Eskom Holding SOC Limited
Medupi Power Station Project
Private Bag X7502
Onverwacht
0555

Eskom VAT no: 4740101508

and include on each invoice the following information:

0. Name and address of the Contractor and the Service Manager;
0. The contract number and title;
0. Contractor’s VAT registration number;
0. The Employer’s VAT registration number 4740101508;
0. Description of service provided for each item invoiced based on the
Price List;
0. Total amount invoiced excluding VAT, the VAT and the invoiced amount
including VAT;
0. (add other as required)


7 Contract change management

N/A


8 Records of Defined Cost to be kept by the Contractor

N/A


9 Insurance provided by the Employer

Refer to references in the Contract


10 Training workshops and technology transfer

Drivers need to update their PDP licence on a yearly basis.


11 Design and supply of Equipment

N/A


12 Things provided at the end of the service period for the Employer’s use


1 Equipment

N/A

2 Information and other things

N/A


13 Management of work done by Task Order

Monthly task order to be issued for the provision of the service. A
task order will be issued for any additional ad hoc services.



Health and safety, the environment and quality assurance


1 Health and safety risk management


The Contractor shall comply with all the health and safety procedures and
policies


2 Environmental constraints and management


The Contractor shall comply with the environmental criteria and
constraints.


3 Quality assurance requirements


The Contractor shall comply with the ISO requirements as stated in the
enquiry.


Procurement

The Contractor shall comply with Eskom procurement procedures and policies.


1 People


1 Minimum requirements of people employed

Driver must hold all legally required licences and PDP’s and must have held
them for a period of not less than the last 3 consecutive years.
• Drivers must hold a First aid level II certificate
• Driver must hold a Fire Extinguisher Competency Certificate
• Must have the ability to obtain an Eskom drivers Permit


2 BBBEE and preferencing scheme


The Contractor shall comply with BBBEE policies and procedures and provide
an updated status of the BBBEE verification certificate.


3 Supplier Development and Localisation – (SD&L)


The Contractor complies with and fulfils the Contractor’s obligations in
respect of the Supplier Development and Localisation - in accordance with
and as provided for in the Contractor’s SD&L- Compliance Schedule stated
below:




|Skill Type |Target Number|Entry Level |Output |Tenderer’s |
|(Occupation)|of Persons to| | |Proposed |
| |be Trained | | |Targets |
|Female |1 |Matric/N3 |PDRP Drivers |0 |
|Driver with | | |Licence | |
|PDRP | | | | |
|Male Driver |1 | |PDRP Drivers |0 |
|with PDRP | |Matric/N3 |Licence | |

The Contractor shall keep accurate records and provide the Service Manager
with reports on the Contractor’s actual delivery against the above stated
SD&L- criteria.

The Contractor’s failure to comply with his SD&L- obligations constitutes
substantial failure on the part of the Contractor to comply with his
obligations under this contract.


2 Subcontracting


1 Preferred subcontractors


Not applicable


2 Limitations on subcontracting


Not applicable


List any Plant and Materials which are to be provided by the Employer.
Working on the Affected Property


1 Employer’s site entry and security control, permits, and site regulations

a) The contractor applies for a photo permit at the Security gate prior to
the starting date. Employees must have a valid medical certificte and proof
of induction before applying for the access permit.
b) The contractors personnel will be required to be in possession of their
access permit at all times while on site.
c) All access permits must be returned to the access office when the
relevant personnel leave the site after completion of the works. Failing to
return the access permit will have a R200 penalty.
d) Lost permits will be paid for by the contractor at a cost of R50 per
lost permit.
e) No unauthorised vehicles will be allowed on site. Only contractor’s
vehicles with displayed contract vehicle permits will be allowed on site.
Contract vehicle applications should be directed to the Service Manager.
f) The contractor will be restricted to the working areas associated with
his place of work. The contractor is forbidden to enter any other areas,
and must ensure that his employees abide by these regulations.



2 Drawings issued by the Employer

N/A



List any Plant and Materials which are to be provided by the Employer.
Working on the Affected Property


1 Employer’s site entry and security control, permits, and site regulations

a) The contractor applies for a photo permit at the Security gate prior to
the starting date. Employees must have a valid medical certificate and
proof of induction before applying for the access permit.
b) The contractors personnel will be required to be in possession of their
access permit at all times while on site.
c) All access permits must be returned to the access office when the
relevant personnel leave the site after completion of the works. Failing to
return the access permit will have a R200 penalty.
d) Lost permits will be paid for by the contractor at a cost of R50 per
lost permit.
e) No unauthorised vehicles will be allowed on site. Only contractor’s
vehicles with displayed contract vehicle permits will be allowed on site.
Contract vehicle applications should be directed to the Service Manager.
f) The contractor will be restricted to the working areas associated with
his place of work. The contractor is forbidden to enter any other areas,
and must ensure that his employees abide by these regulations.




-----------------------
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