Provision of Operating Legislative Training Required Within Mpumalanga Operating Unit

Tender Summary:

ESKOM Tenders

Bid Number: PTATEN2523
Bid Description: The provision of Operating Legislative Training required within MOU
Name of Institution: Eskom Holdings SOC Limited
Place where goods, works or services are required: Mpumalanga Operating Unit
 


Date Published:  16 March 2020
Closing Date / Time: Revised extended date 17 June 2020 at 10:00am
Enquiries:
Contact Person: Teresa Bronkhorst
Email: [email protected]


 


Where bid documents can be obtained:
Website: National Treasury etender and www.eskom.co.za tender bulletin


Where bids should be delivered:
Tender Box, Menlyn Office Park, no 1 Gobie Street


Eskom Offices, Menlyn 5 Level 0-1


Newlands Pretoria


Briefing Session
No clarification will be done due to the COVID19 lockdown of the country.


Clarifications must be done via email from 16 March 2020 to 12 June 2020


 


 



{TENDER_DOCUMENTS_TEXT_START}NEC3 Term Service

Short Contract

(TSSC3)

A contract between Eskom Holdings SOC Ltd
(Reg. No. 2002/015527/30)
and ________________________________

for The provision of Operating Legislative Training

Contents:

Compiled in accordance with CIDB Standard for Uniformity in
Construction Procurement (January 2009 amendments)

Page No.

Part C1 Agreements & Contract Data
C1.1 Form of Offer and Acceptance

2

C1.2 Contract Data provided by the Employer

5

C1.2 Contract Data provided by the Contractor

12

Part C2 Pricing Data
C2.1 Pricing assumptions

13

C2.2 Price List

14

Part C3 Scope of Work
C3.1 Service Information

15

Pro Forma Task Order

22

Contract number
Documentation prepared by: Denyse van Dyk

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

C1 Agreements & Contract Data
C1.1 Form of Offer and Acceptance
The Employer, identified in the Acceptance page signature block on the next page, has solicited offers to
enter into a contract for the procurement of:

The provision of Operating Legislative Training
The tenderer, identified in the signature block below, having examined the documents listed in the Tender
Data and addenda thereto as listed in the Tender Schedules, 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.
The offered total of the Prices exclusive of VAT is

Rates Based contract

Value Added Tax @ 15% is

Rates Based contract

The offered total of the Prices inclusive of VAT is

Rates Based contract

(in words) Rates based contract

This Offer may be accepted by the Employer by signing the form of Acceptance overleaf 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
(Insert name and address of organisation)

For the
tenderer:

Name &
signature of
witness
Tenderer’s CIDB registration number:

PART C1: AGREEMENTS AND CONTRACT DATA

Date

PAGE 2

C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

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 1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
Part 2 Pricing Data
Part 3 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 Tender 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, which must be signed by the duly authorised
representative(s) for both parties.
The tenderer shall within one week 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 copy of this document, including the Schedule of Deviations (if any) together
with all the terms of the contract as listed above.

Signature(s)
Name(s)
Capacity
(Insert name and address of organisation)

for the
Employer

Name &
signature of
witness
Note:

Date

If a tenderer wishes to submit alternative tender offers, further copies of this document may be used for that purpose, duly
endorsed, ‘Alternative Tender No. _____ ‘

PART C1: AGREEMENTS AND CONTRACT DATA

PAGE 3

C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Schedule of Deviations
Note:
1.
2.
3.

To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the
contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.
The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those
permitted in terms of the Conditions of Tender.
A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which
constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the
outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to
incorporate the effect of it.

No.

Subject

Details

1
2
3
4
5

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

(Insert name and address of organisation)

(Insert name and address of organisation)

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

PART C1: AGREEMENTS AND CONTRACT DATA

PAGE 4

C1.1 TSSC3 FORM OF OFFER & ACCEPTANCE

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

C1.2 Contract Data
Data provided by the Employer
Completion of the data in full is essential to create a complete contract.

Clause

Statement

Data

General
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

Tel No.

011 800 8111

If the Employer appoints an Employer’s
Agent , the Employer’s Agent is:
14.5

Name
Address
Tel No.
E-mail address
The authority of the Employer’s Agent is

Contract Manager

11.2(5)

The service is

The provision of Operating Legislative Training
as and when required

11.2(6)

The Service Information is in

the document called ‘Service Information’ in Part
3 of this contract.

30.1

The starting date is.

30.1

The service period is.

3 years 36 months

13.2

The period for reply is

2 weeks

50.1

The assessment day is the

25 day of each month.

51.2

The interest rate on late payment is

0.5% per complete week of delay.

80.1

The Contractor is not liable to the
Employer for loss of or damage to the
Employer’s property in excess of

the amount of the deductibles relevant to the
event described in the “Format TSSC3”
insurance
policy
available
on
http://www.eskom.co.za/Tenders/InsurancePolicies
Procedures/Pages/EIMS_Policies_From_1_April_20
14_To_31_March_2015.aspx

82.1

The Employer provides this insurance

as stated for “Format TSSC3” available on
http://www.eskom.co.za/Tenders/InsurancePolicies
Procedures/Pages/EIMS_Policies_From_1_April_20
14_To_31_March_2015.aspx

PART C1: AGREEMENTS AND CONTRACT DATA

th

PAGE 5

C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

the amount of the deductibles relevant to the
event described in the “Format TSSC3”
insurance
policy
available
on
http://www.eskom.co.za/Tenders/InsurancePolicies
Procedures/Pages/EIMS_Policies_From_1_April_20
14_To_31_March_2015.aspx

82.1

The minimum amount of cover for the first
insurance stated in the Insurance Table is:

82.1

The minimum amount of cover for the third whatever the Contractor deems necessary in
insurance stated in the Insurance Table is: addition to that provided by the Employer.

82.1

The minimum amount of cover for the
fourth insurance stated in the Insurance
Table is:

As prescribed by the Compensation for
Occupational Injuries and Diseases Act No. 130
of 1993 and the Contractor’s common law
liability for people falling outside the scope of
the Act with a limit of Indemnity of not less than
R500 000 (Five hundred thousand Rands)

Does the United Kingdom Housing Grants, No
Construction and Regeneration Act (1996)
apply?
93.1

The Adjudicator is

the person selected from the ICE-SA Division (or
its successor body) of the South African
Institution of Civil Engineering Panel of
Adjudicators by the Party intending to refer a
dispute to him. (see www.ice-sa.org.za). If the
Parties do not agree on an Adjudicator the
ADJUDICATOR WILL BE APPOINTED BY THE
ARBITRATION FOUNDATION OF SOUTHERN
AFRICA (AFSA).

93.2(2)

The Adjudicator nominating body is:

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

93.4

The tribunal is:

arbitration.

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 to be held is

South Africa

The person or organisation who will
choose an arbitrator
if the Parties cannot agree a choice or the Chairman for the time being or his nominee
if the arbitration procedure does not of the Association of Arbitrators (Southern
Africa) or its successor body.
state who selects an arbitrator, is
The conditions of contract are the NEC3 Term Service Short Contract (April 2013)
the following additional conditions Z1 to Z11 which always apply:

12

and

1

If the previous edition applies change ‘April 2013’ for ’September 2009’.
State whether attached as a ‘PDF’ file in terms of Eskom’s licence, or to be obtained from either
Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or SAICE.
2

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Z1

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

Z2

Change of Broad Based Black Economic Empowerment (B-BBEE) status
Z2.1 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.
Z2.2 The Contractor is required to submit an updated verification certificate and necessary
supporting documentation confirming the change in his B-BBEE status to the Employer within
thirty days of the notification or as otherwise instructed by the Employer.
Z2.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the starting date the
Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s
obligation to Provide the Service.
Z2.4 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 those stated in Clause 91.1 and the amount due on termination
includes amounts listed in Clause 92.1 less a deduction of the forecast additional cost to the
Employer of completing the service.

Z3

Confidentiality
Z3.1 The Contractor does not disclose or make any information arising from or in connection with
this contract available to others except where required by this contract. 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 where required by
this contract the Contractor ensures that the provisions of this clause are complied with by the
recipient.
Z3.2 If the Contractor is uncertain about whether any such information is confidential, it is to be
regarded as such until notified otherwise by the Employer.
Z3.3 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.
Z3.4 The taking of images (whether photographs, video footage or otherwise) of the Employer’s
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 Employer. All rights in and to all such
images vests exclusively in the Employer.
Z3.5 The Contractor ensures that all his subcontractors abide by the undertakings in this clause.

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Z4

Waiver and estoppel: Add to clause 12.2:
Z4.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the
Parties or their delegates 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.

Z5

Health, safety and the environment
Z5.1 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:
 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 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.
Z5.2 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.

Z6

Provision of a Tax Invoice and interest. Add to clause 50
Z6.1 The Contractor provides the Employer with a tax invoice in accordance with the Employer's
procedures stated in the Service Information, showing the correctly assessed amount due for
payment.
Z6.2 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 clause 51.2 is then calculated from the delayed date by when payment is to be made.
Z6.3 The Contractor 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.

Z7

Notifying compensation events
Z7.1 Delete from the last sentence in clause 61.1, “unless the event arises from an instruction of the
Employer.”

Z8

Employer’s limitation of liability; Add to clause 80.2
Z8.1 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is
limited to R0.00 (zero Rand).

Z9

Termination: Add to clause 90.2, after the words "or its equivalent":

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Z9.1

Z10

or had a business rescue order granted against it.

Addition to Clause 50.4
Z10.1 If the amount due for the Contractor’s payment of delay damages reaches the limits stated in a
Task Order (if any), the Employer may terminate the Contractor’s obligation to Provide the
Service.
Z10.2 If the Employer terminates in terms of this clause, the procedures on termination are those
stated in Clause 91.1 and the amount due on termination includes amounts listed in Clause
92.1 less a deduction of the forecast additional cost to the Employer of completing the service.

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.

Z11.1 A Committing Party may not take any Prohibited Action during the course of the procurement of
this contract or in execution thereof
Z11.2 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.
Z11.3 If the Employer terminates the Contractor’s obligation to Provide the Service for this reason, the

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

amounts due on termination are those intended in core clauses 92.1 and 92.2.
Z11.4 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.

Acceptance of conditions above:

SIGNATURE: _____________________________
FOR:

________________________________
COMPANY NAME

PART C1: AGREEMENTS AND CONTRACT DATA

PAGE 10

PRINT NAME: ____________________
DATE: __________________

C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Annexure A:

Insurance provided by the Employer

These notes are provided as guidance to tendering contractors and the Contractor about the insurance
provided by the Employer. The Contractor must obtain its own advice. Details of the insurance itself are
available from the internet web link given below.
1. Services provided in a TSSC3 contract could include some element of construction or refurbishment as
well as a continuous maintenance or operational service activity. If an event occurs which causes loss or
damage, a claim could be made either against the Employer’s “works” policy which may be in place for
the Employer’s portion of the property affected by the service or against the Employer’s “assets” policy
which may be in place for the Employer’s portion of the property affected by the service, or both.
2. The cover provided and the deductibles under the works policy are different to those under the assets
policy. Each policy has a range of applicable deductibles depending on the location of the property
affected by the service and the nature of the insurable event.
3. The Contractor is required in terms of Contract Data for clause 82 to provide cover for the deductibles in
the insurance provided by the Employer. This can be provided from the Contractor’s own resources on a
‘self insured’ basis or obtained by him from his own insurers. In order to assess the extent of this cover,
tendering contractors and their brokers should consult the internet web link given below and scroll to
‘Format TSSC3’ to establish both the cover and the deductibles in relation to the service provided in
terms of this contract.
4. Tendering contractors should note that cover provided by the Employer is only per the policies available
on the internet web link listed below and may not be the cover required by the tendering contractor to
cover his risks as intended by each of the listed insurances in the left hand column of the Insurance
Table in clause 82.1. In terms of clause 82.1 “the Contractor provides .... the insurances stated in the
Insurance Table. The Contractor does not provide an insurance which the Employer is to provide as
stated in the Contract Data”. Hence the Contractor provides insurance which the Employer does not
provide and in cases where the Employer does provide insurance the Contractor insures for the
difference between what the Insurance Table requires and what the Employer provides.
5. Part 2 of the contract will include a requirement for the tendering contractor to identify the cost of
insurance which he has allowed for in his Prices, given the foregoing guidance, either as a separate
priced item or
6. Further information and full details of all Eskom provided policies and procedures may be
obtained from:
http://www.eskom.co.za/Tenders/InsurancePoliciesProcedures/Pages/EIMS_Policies_
From_1_April_2014_To_31_March_2015.aspx

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 1

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Data provided by the Contractor (the Contractor’s Offer)
The tendering contractor is advised to read both the NEC3 Term Services Short contract and the relevant
parts of its Guidance Notes (TSSC3-GN) in order to understand the implications of this Data which the
tenderer is required to complete. An example of the completed Data is provided on page 24 of the TSSC3
Guidance Notes.
Completion of the data in full is essential to create a complete contract.
10.1

The Contractor is (Name):
Address
Tel No.
E-mail address

63.2

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

___ %

63.2

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

___ %

11.2(4)

The Price List is in

the document called ‘Price List’ in Part 2 of this
contract.

11.2(4)

The offered total of the Prices for part of
the service in Part 1 of the Price List is

Rates based contract

11.2(4)

The offered total of the Prices for part of
the service in Part 2 of the Price List is

Rates based contract

PART C1: AGREEMENTS AND CONTRACT DATA

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C1.2 TSSC3 CONTRACT DATA PART 2

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

C2 Pricing Data
C2.1 Pricing assumptions
The Price List is in two parts. Part 1 is for work described in the Service Information not requiring the
Employer to issue a Task Order. Part 2 is for work to be carried out within a stated period of time on a task
by Task basis and instructed by Task Order. The service may comprise work under Part 1 only or Part 2
only or a mix of both.
Entries in the first four columns of Part 1 of the Price List are made either by the Employer or the tenderer.
Entries in the first four columns of Part 2 of the Price List would normally be made by the Employer as the
Party most likely to know the kind of work which will be instructed by the issue of Task Orders. The tenderer
then enters a rate for each item and multiplies it by the Expected quantity to produce the Price to be entered
in the final column.
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 tenderer 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 the item of work which is the rate for the work multiplied by the
quantity completed, the tenderer enters a rate for each item and multiplies it by the Expected quantity to
produce the Price, to be entered in the final column.
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.
The rates and Prices entered for each item includes for all work and other things necessary to complete the
item.

PART C2: PRICING DATA

PAGE 13

C2.1 TSSC3 PRICING ASSUMPTIONS

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

C2.2 Price List
Part 1
The rates and Prices entered for each item includes for all work and other things necessary to complete the item.

Unit of measure
Per person per course
Per person per course
Per person per course

Price in Rand excluding
VAT
R
R
R

1 day

Per person per course

R

CATO 06

2 day

Per person per course

R

6

Supervision

2 days

Per person per course

R

7

Equipotential Earthing

3 days

Per person per course

R

Item
no.

Description

Unit

Quantity

Total Price
excluding VAT

Price in Rand including
VAT

1

HVO 01

1 course

500

R

R

2

HVO 02

1 course

500

R

R

3

HVO 04

1 course

500

R

R

4

Human Performance Tools

1 course

250

R

R

5

CATO 06

1 course

250

R

R

6

Supervision

1 course

250

R

R

7

Equipotential Earthing

1 course

250

R

R

Item
1
2
3

Description
HVO 01
HVO 02
HVO 04

4

Human Performance Tools

5

Duration
2 days
2 days
3 days

and/or

Total price including and/or courses above excluding VAT

R

Total price including and/or courses above including VAT

R

Prices should be fixed for 12 months thereafter CPI escalation will be applicable on the base date of the contract.
Minimum number of participants in class is 8 and maximum is 15.
Employer to provide training material.
The expenses are:
The following Eskom’s standard Travel and subsistence allowance guidelines will be applicable where necessary.
Km’s:

Km rates:
Accommodation:

Travelling claims can only be claimed from The Eskom Menlyn
Office in Pretoria if the service provider is not from Mpumalanga.
Claims must specify from where to where and for what purpose.
R3.18 / km
Toll fees may be claimed separate with proof submitted
Maximum 3 star, bed and breakfast, maximum amount
R1 300 per night

Date: _________________
Signed by Service Provider

Name of Service Provider:

PART C2: PRICING DATA

PAGE 14

C2.2 TSSC3 PRICE LIST

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

C3: Scope of Work
C3.1 Service Information
The provision of Operating training required for Mpumalanga Operating Unit on an “as and when required”
basis
 HVO 01
 HVO 02
 HVO 04
and/or
 Human Performance Tools
 CATO 06
 Supervision
 Equipotential Earthing
1. PRODUCT / SCOPE OF WORK / WORKS INFORMATION KNOWLEDGE
Course Description
HVO 01 Training
HVO 02 Training
HVO 04 Training
and/or
Human Performance Tools Training
CATO 06 Training
Supervision Training
Equipotential Earthing Training
Venue:
Any suitable site where small controlled fires can be made and classroom facilities are available. Local
environmental regulations must be considered when selecting such venues.
Training method/media:
Conventional classroom teaching that uses student manuals and visual media. Demonstrations and
practical exercises using fire fighting equipment.
Number of students:
Maximum: 15 per facilitator.

2. Specifications
Title

Date or
revision

Tick if publicly
available

General Specifications:
Health and Safety requirements
Quality requirements
Site regulations and access control

PAGE 15

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Technical specifications:
SAQA Alignment - SETA Registration
1.1.
The provider is registered and accredited as a provider
in accordance with national legislative requirements
1.2.
Training Quality Management system - Assessment
Procedure aligned with SAQA / SETA Requirements
Provider Profile:
2.1.
References
2.2.
Capacity
2.3.
Footprint (Offices within Province)
Experience & Qualifications of Facilitators in Field;
3.1.
Depth of knowledge & Experience
3.2
Qualifications (Registration)
3.3
Eskom authorisation & Appointed on National
Database for courses to be presented as per (32_236
and 209-0001)

3. Constraints on how the Contractor Provides the Service
The Contractor’s plan for the service
Eskom will give the Contractor a minimum of 2 weeks’ notice (minimum of 5 working days using a PO or
Task Order requesting the training and at least a week to cancel planned training.
The Contractor will submit a completion Certificate together with copies of attendance registers 2 days after
the training delivery to the Eskom Administrator for processing. The Eskom Administrator will send back to
the Contractor the Completion certificate with the Service Entry and Goods Receipt numbers 3 days after
receiving the Completion certificate.
The Contractor will then send the invoice containing both the SE and GR numbers as soon as possible to
[email protected]
The Contractor should submit completed completion certificate, attendance registers, tax invoices,
assessment results and feedback reports before claiming for payment.
3.1 Meetings
Six monthly provider information meetings and when any changes to legislation occur
3.2 Use of standard forms
The following documents should be used:
 Attendance Register (240-54044008 rev 6)
 EAL Learner Feedback Form 2017 2018 FNL
3.3 Invoicing and payment
The Z clauses make reference to invoicing procedures stated here in this Service Information. Also include a
list of information which is to be shown on an invoice. The following text is provided as a guide; revise to suit
actual requirements.
In terms of core clause 50 the Contractor assesses the amount due and applies to the Employer for
payment. The Contractor applies for payment with a tax invoice addressed to the Employer as follows:

PAGE 16

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

The Contractor includes the following information on each tax invoice:












Name and address of the Contractor
The contract number and title;
Contractor’s VAT registration number;
The Employer’s VAT registration number 4740101508;
The total of
The Price for each lump sum item in the Price List or Task Order which the Contractor has completed;
Where a quantity is stated for an item in the Price List or Task Order, an amount calculated by
multiplying the quantity which the Contractor has completed by the rate,
Other amounts to be paid to the Contractor;
Less amounts to be paid by or retained from the Contractor;
The change in the amount due since the previous payment being the invoiced amount - excluding VAT,
the VAT and including VAT;
The following information should be included on the invoice
• Attendance registers (240-54044008 rev 6)
• Certificates of the learners with unique numbers
• Purchase order number
• Course name
• Course date
• Course venue
• Course requester’s name

The Contractor attaches the detail assessment of all work done for each item in the Price List to each tax
invoice showing



The Price for each lump sum item in the Price List or Task Order which the Contractor has completed
and
Where a quantity is stated for an item in the Price List or Task Order, an amount calculated by
multiplying the quantity which the Contractor has completed by the rate.

The original certificates, attendance register and EAL training intervention forms should be send to the
person who has requested the training
Send all invoices in PDF straight from your system to an Eskom email address
Tax Requirement

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.”
Ensure that the Eskom order number is clearly indicated on your invoice together with the line number on the
order you are billing for
No order number, invoice not processed
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
All Electronic invoices must be sent in PDF format only
Excel or other format, invoice not processed
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 e-mailed those invoices

PAGE 17

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

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;
Email addresses for invoice submission:

Local Eskom invoices (excluding Primary Energy, Group Capital, Eskom Enterprises and Eskom
Development Foundation): [email protected]
All queries and follow up on invoice payments should be made by contacting the FSS Contact Centre:
Tel: 011 800 5060
E-mail: [email protected]
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.
You do not require a goods receipt (GR) number to submit your invoices. When the GR number is received
you can then send th
eliminate parking the invoice “no GR”
3.4 Records of Defined Cost
In order to substantiate the Defined Cost of compensation events, the Employer may require the Contractor
to keep records of amounts paid by him for people employed by the Contractor, Plant and Materials, work
subcontracted by the Contractor and Equipment. A site diary/file will be required.
3.5 Accelerated Shared Growth Initiative – South Africa (ASGI-SA)
Not applicable
3.6 B-BBEE and preferencing scheme
Refer to the SD&L undertaking attached to the tender Documents.

4. Requirements for the plan
Quality Assurance Requirements
Quality Assessment Criteria, Forms A of the QM-58 specification will be selected and completed by Eskom
Representative who will select the applicable Contractor quality requirements based on the scope of work.
Form A the QM-58 specification shall be signed by the Contractor responding to an Eskom Enquiry.
Contractor and Subcontractor Quality Management System Requirements
-

-

The Contractor and Subcontractor shall have formal Quality Management System in place in accordance
with the requirements of the QM-58 specification selected Category.
Such formal system shall consist of the appropriate documentations such as work procedures, work
instructions, method statements, work flow documentation etc. as the case may be. This requirement
constitutes the most basic Quality Management System requirements.
Unless specifically excluded in the Quality Assessment Criteria, as per the Category of Quality
Requirements (Category 1, 2, 3 or 4). The Contractor shall have a fully documented, implemented and
maintained Quality Management System that complies with ISO-9001 standard. In the event that the
Contractor invariably requires the assistance of some Subcontractor in order to realise its own supply
obligations.

PAGE 18

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

-

-

-

-

The aforementioned requirement applies equally in all cases where any such Subcontractor’s scope of
responsibility includes the provision of any of the following activities viz. Design & Development,
Manufacturing, Testing, Storage, Delivery, Installation, Commissioning, and Project Management.
Unless specifically excluded in Quality Assessment Criteria, such Quality Management System shall carry
valid ISO-9001 certification from an accredited certification body, as indicated in the applicable Eskom
invitation (This requirement applies equally to both the Contractor and any/all manufacturing third party
organizations mentioned above).
Eskom reserves the right to request and perform necessary assessments at Subcontractor facilities.
The Contractor shall be responsible for defining the specific quality control elements applicable to the
respective Subcontractor’s scope of work/supply, and ensure that their Subcontractor(s) quality
programmes support Eskom requirements.
The Contractor shall inform Eskom of any proposed changes to the Quality Management System or staff
that will affect the Quality System prior to implementation of these changes.

Quality Plan
The information in this section constitutes the minimum requirements for a Quality Plan:
- All individual products and processes shall have a documented, implemented and maintained Contract
Quality Plan and/or Quality Control Plan (Inspection and Test Plan).
- All production and/or service provision shall be carried out in accordance with documented Contract
Quality Plan (CQP) and/ or Quality Control Plan (QCP)/ Inspection and Test Plan (ITP).
- The Contractor shall plan for the required Quality related activities and interfaces within the Contractor’s
Quality system, in order to demonstrate its ability towards both controlling and meeting specified Eskom
requirements
Contract Quality Plan
Contractor shall require Subcontractors to submit Contract Quality Plan (CQP) or scope of work specific
Method Statement and associated documentation in accordance with requirements of Project Quality
Management System processes applicable to Subcontractor Scope of Work.
Contractor shall, where applicable based on Scope of Work Criticality, ensure Procurement documents
clearly and unambiguously require Subcontractor submission of a Subcontractor CQP for Contractor and
Eskom review.
Contractor and Subcontractor CQP shall comply with Eskom “Quality Requirements Specifications” and shall
be submitted prior to the initial Scope of Work Kick-off or initial Pre-fabrication meeting and prior to
commencement of manufacturing, whichever is earlier.
Quality Control Plan
Contractor shall develop and implement processes and procedures which efficiently and effectively monitor,
verify and document Quality of Scope of Work deliverables. Contractor shall ensure that Subcontractor
QCP/ITP’s are prepared at a level of detail sufficient to address all Quality Control related activities in
chronological order, from contract review through materials verification, manufacturing, fabrication,
assembly, final testing, documentation, and certification.
Where activities subject to Inspection and Test procedures are to be undertaken by a Subcontractor, the
QCP/ITP shall make reference to this fact and shall include descriptive details of Subcontractors
involvement. A separate QCP/ITP shall be required for each Subcontractor Scope of Work.
Contractor may authorise use of Subcontractor QCP/ITP format providing it is in compliance with the above.
Contractor shall be ultimately responsible for the development and proper implementation of all
Subcontractor QCP/ITPs, including those reviewed or developed by Subcontractors.
Eskom reserves the right to select witness and hold points within all developed Subcontractor QCP/ITPs for
Eskom oversight of selected functions and to perform surveillance or audits of the Work.
Contractor shall establish processes and procedures for formal assessment of Subcontractor inspection and
testing programs. These shall include review of Subcontractor inspection reports and other Quality Control
documentation. Additional formal assessment of manufacturing, fabrication and assembly facility operations

PAGE 19

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

shall be conducted by Contractor to ensure continuing suitability, adequacy and effectiveness of the
Subcontractor inspection and testing programs. Assessment frequency shall be established in consideration
of Subcontractor Scope of Work, Criticality of Scope of Work deliverables and performance information.
Assessment scope and schedule shall be developed in consultation with Eskom.
Mandatory pre-inspection meetings will be convened by Eskom or its Inspection Agency or AIA to be
attended by the Contractor and Subcontractors representatives, including their Quality representatives who
will be involved with the Works and records to be kept.
Eskom reserves the right to appoint resident quality inspectors that can be based at the Contractor
or Subcontractor’s premises and on site where the work is being performed. The Contractor is expected to
provide work space at no cost to Eskom, for the inspector as required.
For QM58 Category 2 requirements, for suppliers implementing QMS for the first time - Internal Audit report
need to be available 12 months after implementation of the QMS, the Internal Audit report to indicate the
company audit schedule; audit notification letter; audit plan; audit report with Non-conformances; and action
plans for corrective Actions;; audit plan; audit report with Non-conformances; and action plans for corrective
Actions;
Appointed Quality Management representative need to provide proof of QM training for Quality Management
Representative within 12 months of the contract award;

5. Services and other things provided by the Employer
Item

Date by which it
will be provided

Venues will be provided by the employer

As per Task
Order

Catering for attendees (Where Applicable)

On date of
training

Manuals will be provided by the employer
The Employer will give access to training facilities as and when required.
The Employer will provide a safe learning environment for both the learners and facilitators.
The safety of the learners is the facilitator’s responsibility for the duration of the intervention.

6. Property affected by the service
N/A

PAGE 20

TSSC3 PRO FORMA TASK ORDER

ESKOM HOLDINGS SOC LIMITED

Operating Legislative Training

Task Order
Task Order form for use when work within the service is instructed to be carried out within a stated
period of time on a Task by Task basis
[●]

Task Order No.

service

.[●]

To: [●].......................................................................................................................................................
.......................................................................................................................... (Contractor)

I propose to instruct you to carry out the following task:
Description

[●]

Starting date

[●]

Completion Date

[●]

Delay damages per week

[●

Please submit your price and programme proposals below.
Signed:

Date
(for Employer)

Total of Prices for items of work on the Price List
(details attached)

R.___________________________________

Total of Prices for items of work not on the Price List
(details attached).

R.___________________________________

Total of the Prices for this Task Order

R ___________________________________

The programme for the Task is

........................................... [ref] (attached)

Signed:

Date
(for Contractor)

I accept the above price and programme and instruct you to carry out the Task
Signed:

Date:
(for Employer)

PAGE 21

TSSC3 PRO FORMA TASK ORDER

Name of Technical Evaluator
Unique No of Evaluator
Technical Evaluation for:
Grouped and spit modules

Signature of Evaluator
Date of Evaluation
HVO 01, HVO 02 & HVO 04
HP, CATO 06, Equipotential Earthing & Supervision

Service Provider name:

Evaluations will be based on the split courses the service provider has tendered for:
TECHNICAL EVALUATION - 100% (Threshold 70%)
Technical Evaluation 100 %

The provider is registered and
accredited as a provider in
accordance with national
legislative requirements.

Training Quality Management
system - Assessment Procedure
aligned with SAQA / SetA
Requirements

Score

Weighting of
Importance
0%

Decision Factors
SAQA Alignment - SETA
Registration

30%

50%

100%

Total Score

20%

50%

50%

Not registered and
Provisional Registration
In process of registering with
accredited with SETA/
ETDP / Relevant Seta
SETA/NAMB/ QCTO
NAMB/ QCTO
SETA/NAMB/ QCTO

No SAQA Alignment No Assessments done
according to SETA
QMS

Only formative assessments
Only Summative
done (one assessment assessments done
either theoretical or
(theoretical and practical
practical)

Registered with Relevant
Professional Body / SETA/
(DoL) EtcSETA/NAMB/
QCTO

Fully accredited & Registered
with relevant SETA's/
Professional Body
SETA/NAMB/ QCTO

Formative and summative
assessments done
(Theoretical and Practical
assessments)

Assessment Procedure / copy
of training manualsavailable
aligned with Seta QMS Assessments done aligned
with relevant qualification

References available4-5 and
above years track record

0

30%

Provider Profile

References

Final Score
70%

33.34%

No References- N0
track record

References available 1-2
years track record

Reference available 2-3
years track record

Reference available 3-4
years track record

No organogram

Organogram available
(Indicate no. of facilitators) Appointment letters of all
facilitators as per
organogram

less than 50% of
facilitators indicated on
organogram -registered
with relevant professional
body/SETA

50% and more of
All facilitators & Assessors
facilitators/Assessors
registered with professional
registerd with relevant SeTA
Body/SETA
(ETDP)

Offices in more than 2
neighbouring Provinces

Offices in more than 3
neighbouring Provinces

70

Capacity

33.33%

0

30
Footprint (Offices within
Province)

33.33%

No Foot Print in
relevant Province

Offices in more than 1
neighbouring Province

Experience & Qualifications of
Facilitators in Field

Offices and Facilitators In
Relevant Province

50.00%

Depth of knowledge &
Experience

30.00%

Years experience - 0-1 Years experience - 1-2
(No track record)
(Track record)

Qualifications (Registration)

30.00%

No proven
Qualification in
specified Field (No
registration

Eskom authorisation &
Appointed on National Database
for courses to be presented as
per (32_236 and 209-0001)

40.00%

Not yet assessed and In process to register for
assessment on Eskom
authorised as per
Eskom Procedure of Procedure of facilitators
facilitators

Years experience - 2-3
(Track record)

Years experience 3-4 (Track Years experience 4- 5 and
record)
more (Track record)

In process to register with Registered with relevant
Qualification in specified field
professional body/
Seta / Facilitator and
-Provisional Registration
relevant Seta
Assessor in specified field
Assessed but not yet
authorised as per the
Eskom Procedure - for
specific training to be
presented

Total Scoring
* Certified Copies - to be submitted as proof for each dimension (Qualifications, Registrations, Organogram, etc)
* Copies of Training material for the Scope of work tendering
* Available lesson plans
*Assessment Procedure / assessment Formative & Summative

Assessed and Authorised
as per the Eskom
Procedure - for specific
training to be presented

Full registration in specified
field - assessed (Facilitator
registered with professional
body and SETA
Assessed, authorised and
appointed as per the Eskom
Procedure - for specific
training to be presented

0

0.00

Comments from Technical
Evaluator

Annexure B:
Acknowledgement Form for
Eskom SHE Rules and other
Requirements

Template
Identifier
Document
Identifier
Effective Date
Review Date

240-43921804

Rev

5

240-77471499

Rev

2

November 2016
December 2021

The specific requirements that will be mandatory for informing the tenderer and the requirements
that the tenderer has to comply with when submitting the tender returnable:
NOTE: the tenderer has to ensure that he/she understands the SHE requirements listed hereunder.
1. The supplier is expected to comply to the following documents when working at/rendering a service to Eskom
but not limited to the following:
a. Eskom contractor Health and Safety requirements standards 32-136
b. SHE specification provided
c. Occupational Health and Safety Act 85 of 1993
d. Mine Health and Safety Act (where applicable)
e. Compensation for Occupational Diseases and Illnesses Act 130 of 1993
f. National Environmental Management Act 107 of 1998
Note: Please note that after contract award, it is your responsibility to fully align the company’s
processes to Eskom’s SHE requirements (policies, procedures, standards etc).
2. Work stoppages that are initiated due to SHE related shall not warrant any financial compensation claim
lodged against Eskom.
3. Financial penalties shall be enforced on the main supplier for non-conformance/s (identified for the main
supplier and/or its sub-contractor and/or supplier) pertaining to Eskom and/or Statutory SHE requirement/s.
4. Ensure that all employees (contractors/suppliers) undergo the relevant Eskom induction and company’s
induction
5. Management of Contractors and Suppliers

a) The main supplier has to demonstrate to Eskom the process and selection criteria applied when appointing
contractors and suppliers.
b) The main supplier has to provide notification to Eskom, prior to the appointment of contractors or suppliers for
the commencement of work.
c) The main supplier has to ensure that contractors and suppliers possess adequate resources and
competencies.
d) The main supplier is accountable for the management of its contractors or suppliers in order to ensure that the
applicable legal and Eskom requirements (that are applicable to the main supplier during contract execution)
are complied with by the contractors or suppliers.
e) The main supplier shall monitor contractors or suppliers through audits and assessments with regard to SHE
compliance during the execution of the work.
f) The grounds for the termination of work done by contractors and suppliers shall be provided by the main
supplier.
g) All non-conformances/non-compliance by the contractors/suppliers (all tiers) to the main supplier shall be dealt
with directly with the main supplier in terms of performance and penalty processes.
h) Eskom reserves the right to verify this when deemed necessary. The contractor may be instructed to provide
copies of testimonials/references and the contact detail of clients (including Eskom) for whom the Company
has done previous work of a similar nature

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
Page 1 of 2

Template
Identifier
Document
Identifier
Effective Date
Review Date

Annexure B:
Acknowledgement Form for
Eskom SHE Rules and other
Requirements

240-43921804

Rev

5

240-77471499

Rev

2

November 2016
December 2021

I, the undersigned, hereby acknowledge that I have obtained copies of the above documents and confirm
that I fully understand them and the consequences of non-compliance.
Signed at ………………………………………… on …….. day of ……………………………. 20………...

------------------------------------------------Name of Authorised person (CEO/Director/ Managing Director)

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

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

Signature

Date

Witness 1 …………………………………..

Witness 2 ………………………………….

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
Page 2 of 2

Template
Identifier
Document
Identifier
Effective
Date

Annexure C 1: SHE Tender
Returnables – MOU First Aid &
Technical Operating Training Interim
Contract

Review Date

240-43921898

Rev

5

240-77471651

Rev

2

October 2016
October 2021

The following Minimum OHS -related requirements that bidders have to address and
respond to when submitting their tender returnable are as follows:

Ref.

Eskom Health and Safety Requirements Checklist

Proof Required
Yes

No

Section A : OHS Legal Requirements to be met by Contractors at Tender Stage before contract award
(Application of Responsive and Non Responsive Criteria)
1.

3.1 Provide Complete Baseline Risk Assessment (BRA), relevant to the scope of
work which must address;
Identification of SHE hazards, i.e. assessment of SHE risks related to the scope of
work.
 Consequence rating
 Likelihood rating
 Risk rating,
 Mitigation measures, review and monitoring plan



3.2 Provide the BRA Procedure with the methodology used for the risk assessment
must be submitted.
2.

3.

4.

Valid Letter of Good Standing or equivalent, i.e. COID, FEMA or RMA.
Your COID must depict the correct/ relevant nature of business, e.g. Installation, etc.



SHE policy signed by CEO/ MD – Should have the next review date,
Comply with OHS Act Section 7 or OSHAS 18001.



Provide the following SHE Competency training certificates (Consider scope of
work, risks, SHE plan and applicability)
8.1 First aiders level 2 and Service Provider’s Department of Labour
Accreditation Certificate.
8.2 Fire Fighting Training
8.3 HIRA Training (SHE Officer or Company Supervisor)




5.
Provide Vehicle Safety Management Procedure
Including but not limited to Fatigue Management, the inspection, and maintenance of

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.

Template
Identifier
Document
Identifier
Effective
Date

Annexure C 1: SHE Tender
Returnables – MOU First Aid &
Technical Operating Training Interim
Contract

Review Date

Ref.

240-43921898

Rev

5

240-77471651

Rev

2

October 2016
October 2021

Eskom Health and Safety Requirements Checklist

Proof Required
Yes

No

vehicles used for business.
6.

Driver fitness certificate and valid driver’s licence



7.

Please indicate how would you manage substance abuse in the following two
forms:-





Provide substance abuse management procedure and policy

Section B : OHS Eskom Tender Requirements to be met by Contractors (Non Disqualifying Criteria)
8.

Is the acknowledgement of Eskom's SHE rules and requirements form (Annexure B)
signed and submitted by the tenderer?



COMPANY SIGN-OFF

I acknowledge that the company information provided in this Occupational Health and Safety Questionnaire, as part of the
Eskom OHS tender returnables, is true, authentic, and correct to the best of my knowledge.

Company name

…………………………………………………………………….

Name & Surname ( Company Owner)

………………………………………………………………………..

Signature

………………………………………………………………………

Date

………………………………………………………………………

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.

Annexure C 1: SHE Tender
Returnables – MOU First Aid &
Technical Operating Training Interim
Contract

Template
Identifier
Document
Identifier
Effective
Date
Review Date

240-43921898

Rev

5

240-77471651

Rev

2

October 2016
October 2021

Scoring Criteria:
0 = Document not submitted OR submitted but does not satisfy the minimum requirements
1 = Document submitted and the content satisfy the minimum SHE requirements

st

1
evaluation

Comments: first evaluation
Comments second evaluation ( Within 07 working days)

Completed/
outstanding
(tick)

nd

2
evaluation
(after 07
days)

Responsive
/
None
Responsive

Complete/
outstanding

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.

SHE SPECIFICATION
HIGH RISK / CONSTRUCTION
PROJECT

Template
Identifier
Document
Identifier
Effective Date
Review Date

240-73416879

Rev

2

Rev
20 February 2016
February 2021

Annotation: The information contained in this document is the minimum requirement; it can be
updated, amended or removed to cover the SHE requirements related to the scope or the risks
of the project. (This annotation shall be removed when drafting and finalising a specification)

Project Name:

Project Address:

Scope of the project:

Eskom Contract’s Manager

Eskom’s Health and Safety Manager

Name: ______________________________

Name:__________________________

Eskom’s Procurement Manager

Eskom’s Safety Officer

Name: __________________________

Name:________________________

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Content
Page
1.

Introduction .................................................................................................................... 5

2.

Supporting Clauses........................................................................................................ 6
2.1 Scope .......................................................................................................................... 6
2.1.1 Purpose ................................................................................................................ 7
2.1.2 Applicability ........................................................................................................... 7
2.2 Normative/Informative References............................................................................... 7
2.2.1 Normative.............................................................................................................. 7
2.2.2 Informative ............................................................................................................ 8
2.3 Definitions.................................................................................................................... 9
2.4 Abbreviations ............................................................................................................. 13
2.6 Roles and Responsibilities ......................................................................................... 14
2.6.1 Commitment ........................................................................................................... 14
2.5 Related/Supporting Documents ................................................................................. 24

3.

Specification ................................................................................................................ 24
3.1 Scope of work ............................................................................................................ 24
3.2 Legal Compliance ...................................................................................................... 25
3.2.1 Section 37(2) (Legal) Agreement ........................................................................ 25
3.2.2 Hazardous work by children (Child Labour) ......................................................... 25
3.3 Eskom Requirements ................................................................................................ 26
3.4 Construction Professional Registration ...................................................................... 27
3.5 Notification of Construction Work ............................................................................... 27
3.6 SHE Policy ................................................................................................................ 27
3.7 COID ......................................................................................................................... 28
3.8 Costing for SHE within the Project ............................................................................. 28

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3.9 Statutory Appointments ............................................................................................. 28
3.10 Eskom Life-saving Rules ......................................................................................... 29
3.11 Substance Abuse .................................................................................................... 31
3.12 Contractor organisational Structure ......................................................................... 31
3.12.1 Principal Contractor Organogram ...................................................................... 31
3.12.2 Appointed Contractor/s Organogram ................................................................. 32
3.13 Risk assessment (refer to 32-520) ........................................................................... 32
3.14 Safe work procedures / method statements ............................................................. 33
3.15 Roof work (refer to 32- 418) ..................................................................................... 34
3.16 Construction Sites ................................................................................................... 34
3.17 Fire Equipment and maintenance ............................................................................ 35
3.18 Flammable and Combustible Liquids ....................................................................... 35
3.18.1 Refuelling at the construction site ...................................................................... 36
3.19 First Aid and Equipment .......................................................................................... 36
3.19.1 Boxes and equipment........................................................................................ 37
3.20 SHE Communication Systems ................................................................................. 38
3.20.1 Statutory Health and Safety Committees ........................................................... 38
3.20.2 Non-statutory health and safety committees ...................................................... 39
3.20.3 Agenda ............................................................................................................. 39
3.20.4 Minutes and action items for all health and safety committee meetings ............. 40
3.20.5 Tool box talks / Daily team talks / pre job meetings ........................................... 41
3.21 SHE Training ........................................................................................................... 41
3.21.1 Induction training ............................................................................................... 42
3.21.2 Site specific induction training ........................................................................... 42
3.21.3 Visitors to site induction..................................................................................... 42
3.21.4 General training................................................................................................. 43

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3.22 Contractor Site Establishment ................................................................................. 43
3.22.1 Site roads .......................................................................................................... 43
3.22.2 Construction vehicle safety ............................................................................... 43
3.23 Housekeeping and Order ......................................................................................... 44
3.23.1 Stacking ............................................................................................................ 45
3.24 Workplace Signage and Colour Coding ................................................................... 45
3.25 Tools and Equipment ............................................................................................... 46
3.25.1 Hand tools ......................................................................................................... 47
3.26 Ladders ................................................................................................................... 47
3.27 Scaffolding ............................................................................................................... 48
3.28 Auditing ................................................................................................................... 49
3.28.1 Approval and compliance of principal contractor SHE plan ............................... 49
3.28.2 Eskom SHE audits ............................................................................................ 49
3.28.1 Contractor audits ............................................................................................... 49
3.29 Smoking .................................................................................................................. 50
3.30 Cellular Phones ....................................................................................................... 50
3.31 Occupational Health, Hygiene and Rehabilitation .................................................... 50
3.31.1 Medicals ............................................................................................................ 50
3.32 Working at Heights .................................................................................................. 51
3.32.1 General Requirements ...................................................................................... 51
3.33 Risk Assessments ................................................................................................... 52
3.34 Safe Work Procedures and Practices / Safe Operating............................................ 52
3.35 Personal Protective Equipment Requirements ......................................................... 53
3.36 Incident Investigation ............................................................................................... 53
3.37 Emergency Management ......................................................................................... 54
3.38 Non-Conformance and Compliance ......................................................................... 54

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3.39 SHE File .................................................................................................................. 54
3.40 Work Stoppage ........................................................................................................ 55
3.41 Hours of Work.......................................................................................................... 56
3.41.1 Normal work ...................................................................................................... 56
3.41.2 Night work ......................................................................................................... 56
3.41.3 Overtime ........................................................................................................... 56
3.42 Omissions from Safety and Health Requirements Specification ............................... 56
3.43 Contract Sign-Off ..................................................................................................... 57
4.

Acceptance .................................................................................................................. 57

5.

Revisions ..................................................................................................................... 57

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1. Introduction
Eskom’s responsibility and commitment is to ensure a safe working environment is in line
with its Safety, Health, Environmental and Quality Policy, along with legislative obligations.
This SHE specification is Eskom the minimum requirements which are required to be met for
the specific contract and for the duration of the contract period by contractors and where
required, the delivery organisation.
The contractor is expected to develop a SHE plan which meets these requirements as
well as all the relevant applicable legislation they conform to.
Eskom in no way assumes the contractor’s legal responsibilities. The contractor is
and remains accountable for the quality and the execution of his/her health and safety
programme for his/her employees and appointed contractor employees.
This SHE specification reflects minimum requirements and should not be construed as all
encompassing.
Note 1: All the requirements listed hereunder are in relation to the contract and do not
supersede or replace any organizational SHE requirements.
Where requirements listed are already in place, then the organisational requirements must
be taken cognisance of and listed in the respective SHE plans. If there are any additional
Eskom and or legislative requirements listed in the SHE specification, then these must be
addressed.

2. Supporting Clauses
2.1 Scope
This SHE specification lists the legislative and Eskom requirements and where applicable,
any requirements pertaining to Local Authorities / Municipal by-laws / Environmental
legislation that must be met by the contractor.

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2.1.1 Purpose
This document will provide a standardised approach to the compilation of SHE specifications
throughout Eskom for contracts, standards and NEC 3 contracts.
2.1.2 Applicability
This SHE specification is applicable to any contracting organisation who intends tendering
for the contract.
2.2 Normative/Informative References
Parties using this document shall apply the most recent edition of the documents listed in the
following paragraphs.
2.2.1 Normative
[1]

Basic Conditions of Employment Act No 75 of 1997.

[2]

Occupational Health and Safety Act and Regulations No 85 of 1993.

[3]

National Environmental Management Act 107 of 1998.

[4]

National Road Traffic Act 93 of 1996.

[5]

32-37 Eskom Substance Abuse Procedure.

[6]

32-136 Contractor Health and Safety Requirements

[7]

240-62196227 Life- saving Rules

[8]

32-95 Environmental, Occupational Health and Safety Incident Management
Procedure

[9]

32-727 SHEQ Policy

[10] 32- 418 Working at Heights Procedure
[11] 240-62946386 Vehicle and Driver Safety Management Procedure
[12] 32-520 Risk Assessment procedure
[13] Plant Safety Regulations.

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2.2.2 Informative
[1]

Tobacco Products Control Act 83 of 1993 (Updated 2011.05.19)

[2]

SANS 1186 Symbolic Safety Signs

[3]

Constitution of the Republic of South Africa No 108 of 1996

[4]

DMN 34-110 Operating A Vehicle Mounted Crane

[5]

DMN 34-1981 Excavations.

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2.3 Definitions
Definition

Explanation

Appointed contractor

Means a contractor appointed by the principal contractor

Baseline risk
assessment

(32-520) baseline operational risks refer to the health and safety risks
associated with all standard processes and routine activities in the business

Business unit (BU)

(32-296) means any defined unit within the Eskom environment, operating as
a business under a particular cost-centre number. In the context of this
document and in terms of health and safety, any reference to a BU includes a
defined unit within any Eskom division and its subsidiaries

Client

(OHS Act) Eskom representative (Internal – Asset Owner), also referred to as
the contract administrator/custodian or agent or project manager (as defined
in the contract). He/she is the person responsible for ensuring that the works
or services are executed in terms of the contract, as well as adherence to
legislation pertaining to the contract.

Competent person

(OHS Act) means any person having the knowledge, training, experience,
and qualifications, specific to the work or task being performed, provided that,
where appropriate, qualifications and training are registered in terms of the
South African Qualifications Authority Act, 1995 (Act No. 58 of 1995)

Contractor

(OHS Act) means an employer as defined in section 1 of the Act who
performs contracted work and includes principal contractors

Construction work

Any work in connection with
a. the construction, erection, alteration, renovation, repair, demolition or
dismantling of or addition to a building or any similar structure.
b.

the construction, erection, maintenance, demolition or dismantling of any
bridge, dam, canal, road, railway, runway, sewer or water reticulation
system or the moving of earth, clearing of land, the making of
excavation, piling or any similar civil engineering structure or type of
work.

Consultant

means a person providing professional advice

Controlled disclosure

controlled disclosure to external parties (either enforced by law or
discretionary)

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Explanation

Duty of care to the
environment

(32-136) anybody who causes or has caused or may cause significant
pollution or degradation of the environment must take reasonable measures
to prevent such pollution or degradation from occurring, continuing, or
recurring. If such harm to the environment is authorised by law or cannot
reasonably be avoided or stopped, such person must minimise and rectify
such pollution or degradation of the environment

Employee

(OHS Act) means, subject to the provisions of subsection (2), any person
who is employed by or works for an employer and who receives or is entitled
to receive any remuneration or who works under the direction or supervision
of an employer or any other person

Employer

(OHS Act) means, subject to the provisions of subsection (2), any person
who employs or provides work for any person and remunerates that person
or expressly or tacitly undertakes to remunerate him/her, but excludes a TES
(ex labour broker) as defined in section 1(1) of the Labour Relations Act 1956
(Act No. 28 of 1956)

Environment

(32-94) means:
a. the land, water, and atmosphere of the earth;
b. micro-organisms and plant and animal life; and
c. any part or combination of (a) and (b) and the interrelationships among
and between them, and the physical, chemical, aesthetic, and cultural
properties and conditions of the foregoing that influence human health
and well-being

Environmental
Management plan

A detailed plan of action prepared to ensure that recommendations for
enhancing or ensuring positive impacts and limiting or preventing negative
environmental impacts are implemented during the life-cycle of a project.
This Environmental Management Plan should preferable form part of
Eskom’s Environmental Management System

Eskom requirements

Eskom requirements flowing from directives, policies, standards, procedures,
specifications, work instructions, guidelines, or manuals

Fall protection plan

(OHS Act) means a documented plan of all risks relating to working from an
elevated position, considering the nature of work undertaken, and setting out
the procedures and methods to be applied in order to eliminate the risk

Hazard

(OHS Act) means a source of, or exposure to, danger

Hazard identification

(OHS Act) means the identification and documenting of existing or expected
hazards to the health and safety of persons, which are normally associated
with the type of construction work being executed or to be executed

Health and safety file

(OHS Act) means a file or other record in permanent form, containing the
information required in relation to the contract.

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Explanation

Health and safety plan

(OHS Act) means a document plan that addresses hazards identified and
includes safe work procedures to mitigate, reduce, or control hazards
identified

Health and safety
specification

(OHS Act) means a document specification of all health and safety
requirements pertaining to associated to a contract, so as to ensure the
health and safety of persons.

Health and safety
requirements

means comprehensive health and safety requirements for a contract, project,
site, and scope of work. This specification is intended to ensure the health
and safety of persons, both workers and the public, and the duty of care to
the environment. The health and safety requirements must be specific to
each contract, project, site, and scope of work

Lifesaving Rules

(240-62196227) a rule that, if not adhered to, has the potential to cause
serious harm to people

Medical Certificate of
fitness

(OHS Act) means a certificate valid for one year, issued by an occupational
health practitioner, issued in terms of the regulations, whom shall be
registered with the Health Professions Council of South Africa

Medical surveillance

(OHS Act) means a planned programme or periodic examination (which may
include clinical examinations, biological monitoring, or medical tests) of
employees by an occupational health practitioner or, in prescribed cases, by
an occupational medicine practitioner

Method statement

(OHS Act) means a written document detailing the key activities to be
performed in order to reduce, as reasonably as practicable, the hazards
identified in any risk assessment

Organisation

may be defined as a group of individuals (large of small) that is cooperating
under the direction of executive leadership in accomplishment of certain
common objects

Pre-job meetings

(34-227) means a meeting that is held prior to the commencement of the
day’s work and that is attended by all the relevant employees associated with
the work task

Principal contractor

(In the text of this document) Means an employer, as defined in section 1 of
the OHS Act, who intends to tender for or has signed a contract with Eskom
for services rendered.

Provincial director

(OHS Act) means the provincial director as defined in Regulation 1 of the
General Administrative Regulations under the Act

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Explanation

Responsible Manager

Is a Manager of a department, section or operating/business unit who has
been appointed as part of the Eskom delegation of authority process with the
aim to assist the applicable 16(2) assigned person in executing his/her duties
in terms of the Occupational Health and Safety Act

Risk assessment

(OHS Act) means a programme to determine any risk associated with any
hazard at a construction site in order to identify the steps needed to be taken
to remove, reduce, or control such hazard.

Site

(34-228) means an Eskom department, unit, complex, building, specific
project, work site, or the site where agents, clients, principal contractors,
contractors, suppliers, vendors, and service providers provide a service to
Eskom, directly or indirectly

Service provider

any private person or legal entity that provides any service(s) to Eskom for
compensation

Subsidiary

(32-94) an enterprise controlled by another (called the parent) through the
ownership of greater than 50% of its voting stock

Supplier

(32-1034)means a natural or legal person who renders a service and may
include the following current or potential supplier vendor, contractor,
consultant

Task

(34-227) a segment of work that requires a set of specific and distinct actions
for its completion

Toolbox talks

(34-227) where the team leader, after conducting pre-task planning, shares
all the tasks at hand and discusses task allocation, the identified risks, and
the control measures with all his/her team members on site before
commencing a specific task and documenting the agreed strategy. (This
shall be done to ensure common understanding of the tasks, risks, and
control measures required.)

The Act

(OHS Act) means the Occupational Health and Safety Act No. 85 of 1993, as
amended, and the Regulations thereto

Visitor

any person visiting a workplace with the knowledge of, or under the
supervision of, an employer.

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2.4 Abbreviations
Abbreviation

Description

AIA

Approved Inspection Authority

BU

Business Unit

CE

Chief Executive

CNC

(Eskom) Customer Network Centre

CR

Construction Regulations of the OHS Act

COID Act

Compensation for Occupational Injuries and Diseases Act

DMR
DoL

Driven Machinery Regulations
Department of Labour ( Inspection and Enforcement services – Provincial office)

EAP

Employee Assistance Program

EP

Emergency Preparedness

ERfW

Environmental Regulations for Workplaces

GAR

General Administrative Regulations

GSR

General Safety Regulations

HCS

Hazardous Chemical Substances

LDV

Light Delivery Vehicle

LoG

(COID) Letter of Good Standing

MSDS

Material Safety Data Sheets

NEMA

National Environmental Management Act

OHS Act

Occupational Health and Safety Act and Regulations, 85 of 1993

SACPCMP

South African Council for the Project & Construction Management Professions

SABS

South African Bureau Standard

SANS

South African National Standard

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2.6 Roles and Responsibilities
2.6.1 Commitment
Visible commitment is essential to providing a safe work environment. Managers,
supervisors and employees at all levels must demonstrate their commitment by being
proactively involved in the day to day operations, in particular the Occupational Health and
Safety aspects of any project / contract. Legislation requires that each employee must take
reasonable care of themselves and their fellow workers, from management level down to the
lowest employee level.
2.6.2 Principal contractors and appointed contractors
Note 1: Most of the roles and responsibilities listed apply to both principal contractors and
any appointed contractors. Where some of the listed do not apply to both, then the specific
responsibilities will be listed and titled. The contractors shall:
1. Carry out all duties as listed in section 8, 9 and 10, the various other regulations that
form part of the OHS Act and Regulation 7 of the Construction Regulations.
2. The principal contractor must notify the provincial director of the Department of
Labour in writing of all construction work if it falls within the scope of Regulation 4of
the Construction Regulations (if this has not been arranged and or done by the
client/agent);
3. Carry accountability and responsibility for the safety and health of their employees
and their appointed contractors within their working area, as contemplated by section
37(2) of the OHS Act;
4. Shall keep a record of all employees including the appointed contractor employees,
including date of induction, relevant skills and licenses and be able to produce this
list at the request of the Eskom Project Manager.
5. Ensure that all their appointees are made aware of their accountabilities and
responsibilities in terms of their appointment and that they advise and assist these
appointees in the execution of their duties.

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6. Ensure that the minimum legislative, regulatory and Eskom SHE requirements are
complied with on all work sites.
7. Give the Eskom project managers and line managers / responsible managers their
full participation and cooperation.
8. Compile a SHE (health and safety) file where all relevant health and safety records
must be kept for each work site.
9. The principal contractor must hand over a consolidated (to include any appointed
contractors files) health and safety file to the Eskom project manager on completion
of the project. This is to include all drawings, designs, lists of materials used and
other applicable information about the completed project, as well as the list of
appointed contractors, the agreement, and the type of work completed.
10. Contractors must hand over a consolidated (to include any appointed contractors
files) health and safety file to the principal contractor on completion of the project.
This is to include all drawings, designs, lists of materials used and other applicable
information about the completed project, as well as the list of appointed contractors,
the agreement, and the type of work completed.
11. The principal contractor must provide the project manager with a certified copy of
his/her Compensation Commissioner’s valid letter of good standing before the
commencement of work and any future renewal letters obtained during the project for
record-keeping purposes. The letter of good standing shall reflect the name of the
contractor’s company. Similarly, the principal contractor must provide the Eskom
project manager with all the valid letters of good standing from their appointed
contractors.
12. Contractors must provide the principal contractor with a certified copy of his/her
Compensation Commissioner’s valid letter of good standing before the
commencement of work and any future renewal letters obtained during the project for
record-keeping purposes. The letter of good standing shall reflect the name of the
contractor’s company.
13. Appoint competent staff to perform the project work and ensure that all employees
are trained in the health and safety aspects relating to such work and that the

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employees understand the hazards associated with all other work being carried out
on the project.
14. Ensure that all employees are conversant with all relevant work procedures and that
they adhere to such procedures. Similarly (without removing the appointed
contractors’ responsibilities), ensure that their appointed contractors and their
employees are conversant with all relevant work procedures and that they adhere to
such procedures.
15. Co-ordinate the activities of all the appointed contractors in the interests of safety and
health;
16. Ensure that potential contractors (whom they intend appointing) submitting tenders
have made detailed provision for the cost of safety and health measures throughout
the project.
17. Stop his /her employees and any appointed contractors if project work is not in
accordance with the health and safety plan or if such work poses a threat to the
health and safety of persons or a risk of degradation to the environment.
18. Take reasonable steps to ensure cooperation between all their appointed
contractors.
19. Only appoint contractors to do work, if satisfied that the contractor has the necessary
competencies and resources to perform the work safely.
20. Appoint full-time competent employees in writing to supervise the performance of all
specified work throughout the contract period.
Note 2: No work may commence and or continue without the presence of the appointed project
manager or project supervisor during performance of the contracted work.

21. Ensure that the supervisor or manager do not supervise work on any site other than
the site for which such supervisor has been appointed for.
Note 3: In determining the number of appointed competent supervisors, the nature and scope of work
being performed, shall be taken into consideration.

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Note 4: If a sufficient number of competent employee(s) have been appointed to assist the
construction supervisor, the construction supervisor may supervise more than one site.

22. Appoint a full or part time safety officer or construction safety officer (registered with
SACPCMP) in writing.
23. Not victimise or dismiss employees, by virtue of the employees divulging health and
safety information or suspecting such information has been divulged, in the interests
of health and safety requirements;
24. Follow a process of disciplinary action if any of their employees or their appointed
contractor employees have transgressed any of the requirements of the health and
safety specification, safety and health plans, site rules or any other requirements.
25. Ensure that all appropriate precautions are taken to protect persons (visitors,
members of the public, and other contractors) present at work or in the vicinity of a
construction site against all risks that may arise from such site.
26. Before the commencement of any work, conduct risk assessments which shall
include public safety. This should be done by a competent person appointed in
writing with a view to identify hazardous and potentially hazardous work operations.
27. Ensure that pre-task risk assessments are conducted and documented daily and
prior to the starting of any new task, irrespective of whether it is a repetitive task or
not.
28. Take prime responsibility for all aspects of environmental management associated
with the project activity for which they are responsible.
29. Provide any appointed contractor who is making a bid or is appointed to perform
work on Eskom’s behalf, with the relevant sections of the documented Eskom’s SHE
Specification.
30. Principal contractors are required to approve appointed contractor’s health and safety
plans if they meet all the requirements.
31. Must ensure that an organisation medical surveillance programme for the duration of
the contract is in place and maintained.

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32. Prior to having pre-employment and periodic medicals fitness examinations
conducted, person/man job specifications must be compiled and handed to the
occupational health practitioner.
33. Ensure that pre-employment, periodic and exit medicals are carried out on their
employees. Medical assessments must be conducted by a registered Occupational
Health Practitioner. During the pre-employment medical, where employees will be
required to work at heights, they will also be required to undergo the required
employee physical and psychological fitness examinations.
34. Ensure, prior to the commencement of construction work, that all persons involved in
the project work, as well as the appointed contractors, have received a health and
safety induction training session. Similarly, ensure that all visitors to site undergo the
site’s induction training.
35. Ensure, prior to the commencement of construction work or contracted work, that all
their employees involved in the project work, as well as the appointed contractors,
have received task-specific training.
36. Issue risk-based personal protective equipment (PPE) as a measure of last resort to
their employees, inspect such equipment regularly and ensure recipients of PPE are
trained in the proper use, care and where necessary, the maintenance of PPE;
Note 5: should the principal contractor or his/her appointed contractors entertain visitors on site, they
will be held responsible for the provision and wearing PPE.

37. Erect their own site huts, temporary buildings, storage areas, toilets, fencing, and any
other structure as may be required. Any such structures shall be positioned and
erected in compliance with any instructions from the Eskom project manager and the
relevant site safety and fire prevention requirements;
38. On completion of the work remove all structures erected by them, and where
required by law rehabilitate the environment.
39. Where performing work with the environment, ensure that minimal damage is done
and that where an Environment Management Plan is in place, then adhere to the
plan.

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40. Respect the rights of land owners/lessors and the preservation of their registered
activities;
41. Must have a substance abuse program which must be in line with the requirements
of the OHS Act.
42. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on the work sites.
Note 6: Eskom will not tolerate the presence of anyone who is or who appears to be under the
influence of alcohol or any other intoxicating substance whilst performing work for them or on any
work site.

43. Ensure that all equipment and tools used comply with OHS Act requirements with
respect to condition, use, care, storage, maintenance, and the management of these;
44. Ensure that all incidents are reported and investigated timeously by competent
incident investigators.
45. Be involved in all of their appointed contractor’s investigations.
46. Establish health and safety committees, hold such committee meetings on all sites,
and ensure that appointed contractors participate in their health and safety meetings.
47. Chair their own health and safety committee meetings and record such meetings.
48. Appoint sufficient number of health and safety representatives in terms of legislative
requirements and ensure that the appointed contractors appoint health and safety
representatives for their work sites.
49. When appointing contractors, advise the project manager in writing timeously and
obtain his/her approval prior to them commencing work.
50. Shall keep a record of all employees including the appointed contractor’s employees,
including date of induction, relevant skills and licenses and be able to produce this
list at the request of the Eskom Project Manager.

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2.6.3 Construction Managers/ Contract Managers
Note 1: No work may commence and or continue without the appointed supervisor or manager
during the performance of the contracted work.

1. Not supervise construction work on any construction site other than the site they
have been appointed to supervise;
2. Assist the contractor and/or the appointed safety officer in conducting site induction
training for new staff and site visitors;
3. Instruct and train all employees under their control on any hazardous and related
work procedures, before any work commences and thereafter, at such times as may
be determined by a risk assessment;
4. Ensure that the minimum legislative and Eskom SHE requirements are complied with
on all work sites;
5. Stop any construction work that is not in accordance with the safety and health plan
or if such work poses a threat to the safety and health of persons or a risk of
degradation to the environment;
6. Ensure that risk-based personal protective equipment (PPE) has been issued and
employees wear/use the PPE as instructed.
7. Inspect such PPE on a regular basis and record the inspections;
8. Ensure that all incidents are reported to the client and are investigated.
9. Be involved in all investigations that occur within their area of responsibility.
10. Carry out audits and or inspections on their contractors at least monthly and any
appointed contractors on instructions of their contractor.
11. Ensure that employees under their control are conversant with all relevant work
procedures and that they adhere to such procedures;
12. Before the commencement of any work, where possible, assist in the conducting of
risk assessments and ensure that appropriate mitigating measures have been
considered and implemented.;
13. Ensure that daily or pre-task risk assessments are conducted and documented daily
and prior to the starting of any new task, irrespective of whether it is a repetitive task.
Ensure that the team are involved in the abovementioned risk assessments;
14. Hold tool box talks at the start of each day/ task to discuss health and safety issues
as well as confirming the requirements of the daily risk assessments;
15. Ensure that all appropriate precautions are taken to protect persons (visitors,
members of the public, and other contractors) present at work or in the vicinity of a
construction site against all risks that may arise from such site.
16. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on, the premises / work sites and that no employee remains on site if he/she is under
the influence. Furthermore, report such instances to contract management;

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17. Ensure that all equipment and tools used on site comply with OHS Act requirements
with respect to condition, use, care, storage, maintenance, and the management of
these.
18. Ensure that they and their contractor managers give clear and unambiguous
instructions for the project work, to the employees for whom they are responsible for.
19. Not victimise their employees by virtue of their employees divulging health and safety
information or suspecting such information has been divulged, in the interests of
health and safety requirements (reference – section 26 of the OHS Act).
20. Where any work is performed which involves the environment, ensure that minimal
damage is done to the environment and that where an Environment Management
Plan is in place, then the plan adhere to the plan.
21. Stop any employee or contractor from performing construction work which is not in
accordance with the principal contractor’s and or appointed contractors health and
safety plan which poses a threat to the health and safety of persons.

2.6.4 Contractor site supervisor or Contract Supervisor
Must:
1. Be competent to perform the required supervisory tasks;
2. Ensure their employees and all appointed contractors comply with the required
statutory and Eskom project requirements;
3. Inspect all work done by the Contractors to ensure adherence to Eskom’s standards
and specifications
4. Conduct follow-up inspections to ensure findings are closed out and preventative
action is in place.
5. Monitor contractors for adhere to statutory requirements and safety standards.
6. Monitor contractors overall SHE performance on site in order to achieve excellent
results
7. Ensuring a Safe working environment is established and maintained by the
contractor for the elimination of unsafe acts by all people whilst on the project site.
8. Discuss all SHE related problems with the relevant contractor management timeously
in the first instance and thereafter the Eskom project manager in the second instance
relating to procedure requirements, non-conformance’s identified, corrective actions,
audits and inspection schedules.

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9. Ensuring that quality records are maintained in accordance with legislative and
Eskom requirements;
10. Continual liaison between the principal contractor, appointed contractors and
employees.
11. Ensures that employees and appointed contractors are aware of latest standards,
procedures, work instructions and safety regulations issued by Eskom:
12. Conduct site Inspections for compliance to SHE requirements and compiles the
relevant inspection reports.
13. Submit the observation reports to the relevant management.
14. Have meaningful participation in the project statutory health and safety committee
meetings.
15. Participate in all appointed contractor incident investigations.
16. Participate in the principal contractors emergency preparedness planning.
17. Ensure that their own employees and those of any appointed contractor are
competent to perform the tasks assigned.
18. Issue site instructions on behalf of the principal contractor where and when the
appointed contractors deviate from safety requirements.
19. Assist the principal contractor with the handing over process, in particular the SHE
file and relevant documentation.
2.6.5 Employees
Must:
1. Be responsible for their own safety and health and that of their co-workers;
2. Co-operate with their employer to meet all of the employer’s as well as legislative and
Eskom requirements;
3. Familiarise themselves with their responsibilities during induction and awareness
training sessions, some of which are:
a. familiarising themselves with their workplaces and safety and health
procedures;
b. working in a manner that does not endanger them or cause harm to others;
c. ensuring that the work area is kept tidy;
d. reporting all incidents and near misses;
e. protecting fellow workers against injury by performing job observations;
f. reporting unsafe acts and unsafe conditions;
g. reporting any situation that may become dangerous; and
h. carrying out lawful orders and obeying safety and health rules;

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4. Who become aware of any person disregarding a safety notice, instruction, or
regulation, immediately report this to the person concerned. If the person persists,
stop that person from working, and report the matter to contractor management
and/or Eskom’s project manager or supervisor immediately.
5. Not damage, alter, remove, render ineffective, or interfere with anything that has
been provided for the protection of the site or for the health and safety of persons this
includes any guarding of machinery or equipment.
6. Obey any safety signs and adhere to any site demarcation at all times.
7. When entering or leaving the site, do so via the official designated access/departure
routes. Where reflective jackets/bibs are required to be worn, wear them.
8. Be subjected to any disciplinary action, if having transgressed any of the
requirements of the health and safety site rules, Eskom requirements, company
requirements, or legislative requirements.
9. Avoid any act that may endanger their own health and safety or that of fellow
employees, members of the public, or visitors who may be affected by their acts
and/or omissions at work.
10. Have the right to obtain proper information from their employer regarding health and
safety risks and measures related to the work processes.
11. Use facilities placed at their disposal and not misuse anything provided for their own
protection or that of others.
12. Have the right to remove themselves from danger when they have good reason to
believe that there is an imminent and serious danger to their health and safety and
have the duty to inform their supervisor immediately of such danger.
13. Report to their supervisor (in the first instance), the principal contractor (in the second
instance), and/or the Eskom project manager, any substandard acts and/or
conditions that have come to their attention and that have not been rectified or acted
on by their contractor management timeously.
14. Have the right and the duty at any workplace to participate in ensuring healthy and
safe working conditions, to the extent of their control, over the equipment and
methods of work adopted.
15. Maintain the surrounding area of the work site in a neat and tidy condition.
16. Have meaningful participation in regular health and safety meetings.
17. Have the right to refuse to perform or continue to perform any task/job on the
grounds of health, safety, and environmental concerns.
18. When given instructions, understand the instructions and be permitted to clarify those
instructions.
2.6.6 Contractor Health and Safety officer
1. Promote a SHE culture within the organisations involved in the project / contract.

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2. The contractor’s safety and health officer shall assist in the control of all health and
safety-related matters on the sites.
3. Be involved in the developing the project SHE plan and SHE policy.
4. Be in constant liaison and cooperate with Eskom’s SHE professionals responsible for
providing them with a health and safety service.
5. Ensure that this SHE specification is adhered to by his/her principal contractor and is
submitted to any appointed contractors.
6. Conduct audits and inspections of all work sites for the duration of the project.
7. Be involved in the organisations incident investigations when required.
8. Participate in the organisation’s statutory and non-statutory health and safety
committees meetings.
9. Conduct organisational, site and visitor induction training.
10. Stop any employee or contractor from performing construction work which is not in
accordance with the principal contractor’s and or appointed contractors health and
safety plan which poses a threat to the health and safety of persons.
11. Ensure that no alcohol or other intoxicating substances are brought on to, or remains
on, the premises / work sites and that no employee remains on site if he/she is under
the influence. Furthermore, report such instances to contract management.
12. Make themselves available and ensure co-operation of employees under their control
to undergo breathalyser and drug testing while entering and/or being on any Eskom
work site by Eskom.
13. Carry out audits and or inspections on their contractors at least monthly and any
appointed contractors on instructions of their contractor;
14. Carry out frequent behaviour observations of employees under their control at least
monthly and any appointed contractors on instructions of their contractor.
2.5 Related/Supporting Documents
Eskom OHS Act section 37 (2) agreement to be signed at procurement during the signing of
the NEC contract, it is the responsibility of the project manager to ensure that the 37(2)
agreement is signed and a copy be kept in the contractor file at procurement.

3. Specification
3.1 Scope of work
The scope of work for this project must be listed here

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A copy of the scope of works must be retained by the contractor.
Note: The contractor who will be awarded this contract will be known as the “principal contractor” and
any contractor appointed by the principal contractor will be known as the “appointed contractor.

3.2 Legal Compliance
3.2.1 Section 37(2) (Legal) Agreement
A section 37(2) agreement must be signed between Eskom and the principal contractor at
the time of awarding the contract. The principal contractor must ensure that a section 37(2)
agreement is compiled between the principal contractor and all their appointed contractors
for the contract.
The original copy of the section 37(2) Agreement must be retained by the contractor and a
copy retained by the responsible project manager.
A copy of all the agreements must form part of the respective contractor’s SHE file.
3.2.2 Hazardous work by children (Child Labour)
The constitution of the Republic of South Africa, in the “Bill of Rights” is clear on the rights of
children, especially when it comes to:
1. being protected from exploitative labour practices;
2. not to be required or permitted to perform work or provide services that
i. are inappropriate for a person of that child’s age; or
ii. place at risk the child’s well-being, education, physical or mental health or spiritual,
moral or social development;
and the Basic Conditions of Employment Act, Chapter six Section 43 “Prohibition of
employment of children”.
Before resorting to the use of child labour, due consideration must be given to the rights of
the child in terms of the constitution. Where work is being performed which is not prohibited
in terms of the constitution, then such work must be conducted in terms of the OHS Act

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“Regulations on Hazardous Work by Children in South Africa” with emphasis on paragraph 2
Purpose and Interpretation. Eskom does not condone the use of child labour and therefore
all effort must be exercised and child labour should not be used.
3.2.3 OHS Act
The principal contractor and appointed contractors shall have an up to date copy of the OHS Act and
regulations which will be available to all employees.
3.2.4 Legislative compliance
All contractors will comply with all the legislation pertaining to this contract being:
The principal contractor and all appointed contractors will comply with all the legislation
pertaining to this project being:
 The Constitution of the Republic of South Africa (particularly Section 24 of the Bill of
Rights).
 Occupational Health and Safety Act 1993 (Act 85 of 1993) and its Regulations.
 National Environmental Management Act 1998 (Act 107 of 1998).
 Environment Conservation Act 1989 (Act 73 of 1989).
 National Water Act 1998 (Act 36 of 1998).
 Civil and Building Work Act.
 National Road Traffic Act 93 of 1996.
 Compensation for Occupational Injures and Diseases Act.
 SANS Standards –Contractor shall use the relative standards applicable to the project.
3.3

Eskom Requirements

All contractors shall, before commencement of the project ensure that all their employees
are familiar with the relevant Eskom SHE documentation that is applicable to contract
services.

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Construction Professional Registration

The principal contractor and all his/her appointed contractors shall be registered in their
respective levels as professionals in terms of the requirements of the SACPCMP.
The SACPCMP web address is http://www.sacpcmp.org.za
 SHE professionals (which include Construction Safety Officers) are required to register
as professionals with the SACPCMP.
 Construction Managers are required to register as professionals with the SACPCMP.
 Construction agents are required to register as a professional with the SACPCMP.
3.5

Notification of Construction Work

Unless otherwise contractually agreed upon, the principal contractor must notify the relevant
provincial director of the Department of Labour of the intention of carrying out any
construction work as defined in Construction Regulation 4 of the Act. The notification form of
construction work is listed as an annexure to the construction regulations of the OHS Act. A
copy of the notification letter sent to the DoL shall be forwarded to the Project Manager on
the same day as sent to the DoL. A copy of the letter and their approval must be kept in the
SHE file. When the DoL provide a letter of approval, a copy of the approval must be sent to
the Eskom Project Manager and a copy filed in the SHE file.
3.6

SHE Policy

SHE policy is a statement of intent and a commitment by the organisation’s CE and senior
management in relation to the relevant SHE roles and responsibilities, the achievement of
their strategic objectives, values of integrity, customer satisfaction, excellence, and
innovation.
The principal contractor and all appointed contractors, if already not in place, will be required
to compile an organisational SHE policy in line with their SHE responsibilities. The policy
must be signed by the organisation’s CE or the appointed assistant to the CE OHS Act
Section 16(2). The policy must be displayed in a prominent place within the workplace. A
copy of the policy must be filed in the contractor SHE files and attached as an annexure in
the SHE Plan.

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COID

The principal contractor and all his/her appointed contractors shall be registered with an
appropriate employment compensation commissioner and have available a valid letter of
good standing (LoG) from such commissioner. The obligation lies with the contractors to
ensure that the LoG remain valid throughout the contract period. A copy of the LoG must be
filed in the contractor SHE files.
3.8

Costing for SHE within the Project

The costing for SHE must be itemised based on the overall scope of the project (i.e.)
Training, provision of PPE, safety equipment purchases etc.
3.9

Statutory Appointments

For the duration of the contract, the principal contractor and all appointed contractors shall
appoint competent employees who will meet the requirements of the OHS Act. Where
appointments are made, contractors shall ensure that the appointees have been suitably
trained and or informed of their responsibilities before getting them to accept such
appointment. The relevant statutory appointments shall be made in accordance with the
requirements of the OHS Act which includes the requirement of a competent person being
appointed in the relevant roles. The statutory appointments should include but not limited to
the following:
 OHS Act Construction Regulation 8(1) - Construction Manager (Full time)|
 OHS Act Construction Regulation 8(7) – Assistant Construction Supervisor
 OHS Act Construction Regulation 8(5) – Construction Health and Safety Officer
 OHS Act General Administrative Regulation 9(2) – Incident Investigator
 OHS Act Section 19 (3) - Health and Safety Committee Member
 OHS Act Section 19(6)(a) – Co-opted Health and Safety Committee member
 OHS Act Hazardous Chemical Substances Regulation 3(3) Hazardous Chemical
Substances Co-coordinator
 OHS Act, Section 17 – Health and Safety Representative.

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 OHS Act General Machinery Regulation 2(1) – Supervision of Machinery
 OHS Act Construction Regulation 7(1)(V) Appointment of a Contractor (if appointing
subcontractors)
 OHS Act Construction Regulation 9(1) - Person to Compile Risk Assessments
 OHS Act Construction Regulation 10(1) - Competent Person to Compile Fall Protection
Plan
 OHS Act: Pressure Equipment Regulations 11 & 12 Portable Gas Container Inspector
 OHS Act: Construction Regulations 11(1) Person to Supervise Excavation Work
 OHS Act: Construction Regulations 16(1) Scaffolding Supervisor
 OHS Act: Construction Regulations 23(1)(d)(i) Construction Vehicle and Mobile Plant
Operator
 OHS Act: Construction Regulations 24(c) Electrical Installations and Machinery on
construction sites
 OHS Act: Construction Regulations 28(a) Stacking and Storage Supervisor on
Construction sites
 OHS Act: Construction Regulations 29(h) Firefighting Equipment Inspector
 OHS Act General Safety Regulations 3(4) – First Aider/s
3.9.1 Non-statutory appointments
 Eskom requirement – Emergency Planning Co-coordinator
 Eskom requirement - Chairperson of Health and Safety Committee
3.10 Eskom Life-saving Rules
1. Eskom views health and safety in high esteem and encourages that any organisation
who performs work for Eskom in Eskom adopt the same view.
2. Five Life-saving rules have been developed that will apply to all Eskom Employees,
agents, consultants, and contractors. Failure to adhere to these rules by any Eskom

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employee or employee of a Principal Contractor or appointed contractor will be
considered a serious transgression. These rules are being implemented to prevent
serious injury or death of any employee, labour broker or contractor working in any
area within Eskom.
3. If any contractual work will be performed on any Eskom premises (including delivery
of any product), then the rules shall be obeyed by any contractor and their
employees.
The rules are:
RULE

DESCRIPTION OF RULE
OPEN, ISOLATE, TEST, EARTH, BOND, AND/OR INSULATE BEFORE TOUCH

Rule 1
( That is plant, any plant operating above 1000 V)
HOOK UP AT HEIGHTS
Rule 2

Working at height is defined as any work performed above a stable work surface or
where a person puts himself/herself in a position where he/she exposes
himself/herself to a fall from or into.
BUCKLE UP

Rule 3

No person may drive any vehicle on Eskom business and/or on Eskom premises:
Unless the driver and all passengers are wearing seat belts.
BE SOBER

Rule 4

No person is allowed to be under the influence of intoxicating liquor or drugs while on
duty
PERMIT TO WORK

Rule 5

Where an authorisation limitation exists, no person shall work without the required
permit to work.

Eskom will take a stance of zero tolerance on these rules.

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Non-compliance to a Life Saving rule will be considered serious misconduct and will lead to
serious disciplinary action, which may include dismissal.
This is to ensure that every person who works on or visits an Eskom returns home safely
to his or her family.
3.11 Substance Abuse
1. Alcohol and substance abuse poses a significant threat to any business, more so in
industrial incidents and the driving of vehicles. Eskom is therefore, entitled to take
reasonable steps to ensure that intoxicated persons are identified and prevented
from entering Eskom.
2. General Safety Regulation 2A is clear on the legal stance regarding intoxication.
3. The alcohol and drug permissible level is 0%.
4. All contractors shall comply with Eskom’s procedure 32-37 (“Substance Abuse
Procedure”), taking in to account that this is an Eskom Life-saving Rule number 4:
BE SOBER”), this means anyone entering the Eskom will be subjected to ad hoc
alcohol testing.
5. Contractors are encouraged to compile their own manual and to carry out regular
alcohol testing of their own employees. The legislative alcohol level is deemed to be
zero.
6. Test records must be treated as “Confidential” and filed in the employees’ personal
file.
3.12 Contractor organisational Structure
3.12.1 Principal Contractor Organogram
The principal contractor must provide an organisational organogram related to this contract,
depicting all the levels of responsibility from the CE down to the supervisors responsible for
the contract. List the relevant positions held, names of appointees and legal appointments.
The principal contractor must ensure that all appointed contractors comply with this
requirement. The principal contractor is responsible for keeping copies of all the
organograms’ as well as submitting them with the SHE plan. All organograms shall
beupdated timeously when appointments are changed.
This diagram must be kept up to date and filed in the project SHE files.

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3.12.2 Appointed Contractor/s Organogram
1. Appointed contractors are required to compile their company organogram for the
project, listing the reporting structure from their CE down to their project supervisors.
The diagram must list the names, positions held and any appointments made.
2. This diagram must be kept up to date, a copy of which must be given to the principal
contractor and a copy filed in the relevant project SHE files.
3. This diagram must be kept up to date and filed in the project SHE files.
3.13 Risk assessment (refer to 32-520)
It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry
out risk assessments, to establish which risks and hazards are attached to the health and
safety of persons due to any work which is performed, any article or substance which is,
handled, stored, transported. A risk assessment is defined as an identification of the hazards
present in an organisation and an estimate of the extent of the risks involved, taking into
account whatever precautions are already being taken.
It is essentially a three stage process:


identification of all hazards;



evaluation of the risks;



Measures to control the risks.

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


Each activity is listed;

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Specific hazards are identified and listed against each activity;



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



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



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



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



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



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



Completed risk assessment shall be handed to the Eskom project manager
representative for comment and approval.

The relevant section of the risk assessment shall be issued with a Transmittal Note to the
Supervisor nominated as the responsible person; and the names of workmen who have
received instruction on the work content and the sequence of the activities listed in the risk
assessment shall be recorded, and their competence established. This instruction shall be
done through an interpreter if required and recorded on the Pre-Job Brief (Daily Safe Task
Instructions), with reference to applicable Risk Assessments.
3.14 Safe work procedures / method statements
Method statements / written safe work procedure are control measures used to prevent an
incident from occurring during the execution of the project. A written safe work procedure/
method statements provide guidance how to execute the task safely. A safe working
procedure should be written when:a. Designing a new job or task;
b. Changing a job or task;
c. Introducing new equipment or substances; and
The safe working procedure should identify:
d. The supervisor for the task or job and the employees who will undertake the task;
e. The tasks that are to be undertaken that pose risks;

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f. The equipment and substances that are used in these tasks;
g. The control measures that have been built into these tasks;
h. Any training or qualification needed to undertake the task;
i.

The personal protective equipment to be worn;

j. Actions to be undertaken to address safety issues that may arise while undertaking
the task.
3.15 Roof work (refer to 32- 418)
Where roof work is to be performed, a risk assessment must be carried out prior to climbing
on to the roof to determine the hazards (stability, suitability strength etc.), consequences of
climbing and control measures that are required.
3.16 Construction Sites
Note1:No area is to be stripped of vegetation to create firebreaks, to prevent or make fires. No open
fires are allowed on site. The contractor must ensure that operations are in compliance with statutory
requirements at all times.

1. The contractor must develop a fire safety procedure for the construction site prior to
commencing work. The procedure must take into consideration the size of the site/s,
the type of work performed and amount of combustible materials. Cognisance of
OHS Act CR 29 must be made.
2. It must be developed in accordance with the hot work permit of the Eskom Plant
Safety Regulations, Eskom Fire Risk Management requirements and all other
applicable Regulations. All workers entering and working in the construction site
need to be trained in fire safety and any duties they are required to perform.
3. A suitable fire warning system for alerting site personnel of fire shall be provided, and
capable of being heard in all areas of the site.
4. Appropriate portable extinguishers must be available on the construction site and in
cases of hot work, be readily available at the location.
5. Storage of combustible and flammable liquid in the construction site is not permitted
unless stored in approved flammable cabinets or outdoors away from the buildings.

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6. Site Smoking Restrictions must be enforced. No open flames are permissible and
where hot work is performed, the work areas must be cleared of any combustibles
prior to commencement of work.
3.17 Fire Equipment and maintenance
1. All firefighting equipment’s that have been provided shall:
a. Be clearly labelled
b. Conspicuously numbered
c. Entered in a register
d. Inspected monthly by a competent person
2. Tested and serviced at recommended intervals by an accredited supplier
3. Results entered in the register and signed by competent person.
3.18 Flammable and Combustible Liquids
1. Proposals to store fuel on site must have written approval from the Eskom Project
Manager. The volumes of fuel allowed to be stored will depend on site conditions and
Statutory Regulations.
2. A maximum storage of 40 litres of fuel is allowed to be stored. Anything greater than
40 litres to be stored in a flammable/combustible liquid store.
3. Adequate numbers of dry chemical fire extinguishers, each with a minimum capacity
of 4.5 kg, shall be provided, installed and maintained.
4. All fuel storage areas must comply with the following requirements: a. Storage should be well clear of buildings.
b. Storage areas must be kept free from all combustible materials.
c. All Safety signs must be prominently displayed i.e.
 Flammable Liquid.
 No Smoking.
 No open flames.
d. Adequate firefighting equipment must be available.
5. Diesel tanks are to be installed in a bunded area; bunded area must be able to
contain 110% of tank capacity.

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6. Bunded area shall be of a concrete or steel construction and lined with a leak proof
sealing material.
7. Bunded area shall have a drain valve.
8. No other material/equipment shall be stored in the bunded area.
3.18.1 Refuelling at the construction site
With the exception of construction vehicles and mobile equipment, before a machine is
refuelled, the motor must be stopped. Refuelling shall take place at designated safe areas
and appropriate warning signs installed. Suitable drip trays must be used to prevent spillage
at the filling nozzle.
3.19 First Aid and Equipment
1. The requirements of the OHS Act GSR 3 must be observed.
2. First aid appointments must be made to meet the requirements, this includes
construction sites. Appointees must be trained to level 2. It is good practice for all
employees to be trained to at least level 1.
3. When appointing employees for work sites, cognisance must be taken into account
the type of work performed, the distance teams are working apart and the terrain to
be covered if an emergency should arise.
4. A list of emergency numbers must be displayed on the notice boards and made
accessible for all employees.
5.

Principal Contractor must ensure that his /her employees and appointed contractor
employees are familiar with the emergency numbers.

6. Contractors shall have one first aid box for the first 5 persons and thereafter one for
every 50 or team of workers on site or part thereof, taking into account the type of
work performed and the distance between teams.
7. More first aid boxes shall be provided in accordance with the risk assessment. Boxes
must be available and accessible for the immediate treatment of injured persons at
the workplace.
8. For offices, signs indicating where the first aid box or boxes are kept as well as the
name and contact details of the First Aider of such first aid box or boxes shall be
erected.

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9. The Principal Contractor and appointed contractor shall ensure that alternative
arrangements be made for incidents occurring after working hours.
3.19.1 Boxes and equipment
The following is a list of minimum contents of a first aid box:


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



Item 2: Swabs for cleaning wounds.



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



Item 4: Sterile gauze (minimum quantity 10).



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



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



Item 7: 1 Set of safety pins.



Item 8: 4 Triangular bandages.



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



Item 10: 4 Roller bandages (100 mm X 5 m).



Item 11: 1 Roll of elastic adhesive (25 mm X 3 m).



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



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



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



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



Item 16: 2 Straight splints.



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



Item 18: 2 CPR mouth pieces or similar devices.

A content check list must be available with all boxes and boxes shall be checked on a
regular basis, kept clean and dust free.

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3.20 SHE Communication Systems
Principal Contractor/s and their appointed contractors must develop a communication
strategy outlining how they intend to communicate SHE issues to their staff, the mediums
they will employ and how they will measure the effectiveness of their SHE communication.
Below is a brief on how communication should take place. Where project meetings are
conducted on site, SHE shall be included as a standing agenda point and minutes of these
meetings shall be available on site at all times. Minutes of meeting must be compiled and
filed in the relevant SHE files. All employees shall have access to these minutes. Attendance
register shall be kept for all the health and safety meetings.
3.20.1 Statutory Health and Safety Committees
1. The principal contractor shall establish statutory health and safety committee in terms
of Section 19 of the OHS Act, Act. Similarly, appointed contractors shall establish
their own statutory health and safety committee.
2. All appointed contractors shall be members of the principal contractor’s safety
committee.
3. The Committee shall meet to discuss SHE issues concerning the current work being
performed, training, upcoming work and SHE requirements, incidents and lessons
learned specific SHE problems, safety performance, action plans and other relevant
SHE issues. Listed below is a preferred agenda.
4. SHE representatives for a workplace shall be members of the relevant workplace
safety committees (Refer to Section 19 (2) (a) of the OHS Act).
5. The number of persons nominated by employer must not be more than the Health
and Safety Representatives on that specific statutory health and safety committee.
(Refer to Section 19(2)(c) of the OHS Act)
6. A statutory health and safety committee meeting shall be held at least 3 monthly
(where medium to high risk work is involved, more frequent if required), and all
appointed members of the committee shall attend the meeting.
7. Statutory health and safety committees may make recommendations to the principal
contractor and the project manager and the Inspector at DoL.
8. All health and safety committees shall discuss all projects related OHS Act Section
24 and 25 incidents and other notified serious incidents.
9. Health and safety committees shall follow up on incident investigation
recommendations and shall keep record of all recommendations made by the
committee.

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10. Statutory health and safety committees may make recommendations for the revision
of current standards, procedures and practices.
11. The principal contractor and appointed contractors shall ensure that statutory and
non-statutory health and safety committees carry out their duties.
12. The chairperson of the health and safety committees shall be selected and appointed

by the contractor. The appointed chairperson must be competent to chair meetings
and be able to make informed decisions.
3.20.2 Non-statutory health and safety committees
1. Where there are large worksites, then non-statutory sub-committee must be
established within that worksite to assist with the communication of health and safety
related matters between the statutory health and safety committee and the
workplace.
2. The duties and responsibilities of the non- statutory health and safety committees will
be the same as the statutory safety committee
3.20.3 Agenda
1. The following serves as the guideline for the SHE Committee meeting agenda.


List of agenda items:



Matters arising from previous minutes



Matters arising from Contractor’s SHE meetings.



Audit results and feedback



Review Health and Safety Representative Inspection Reports



Review



o

Incident investigation reports

o

Non-Conformances

o

Announcements (near miss/injury/damage)

o

Follow up on recommendations made by the employer in incident
investigation reports

Accident Prevention – Safety Promotion

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o

Planned Job Observations

o

SHE Training

o

Protective clothing and equipment

o

Incident Announcements / Recall



Forthcoming High hazard activities.



Non-conformances.



Housekeeping.



Work permits.



Work procedures.



Hazardous materials / substances.



Fire Prevention



Occupational Hygiene Assessments, Health Risks and Actions



Security



Construction vehicles and mobile equipment



Rules, Instructions



Public Safety



Environmental Management



Emergency Preparedness



Statistics report



Closure

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3.20.4 Minutes and action items for all health and safety committee meetings
1. Minutes and record of action items shall be kept of all health and safety committee
meetings.
2. Action column with target dates and responsible person shall be clearly visible on the
minutes and shall be completed during the meeting.

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3. Statutory health and safety committee meeting minutes and record of action items
shall be kept for the duration of the project or a minimum period of three years.
4. Non–statutory health and safety committee meeting minutes shall be kept for the
duration of the project or a minimum period of 12 months.
5. All other meeting minutes where SHE is on the agenda, shall be kept for a minimum
period of 12 months.
6. The original copy of the minutes and record of the action items must be signed by the
chairperson.
7. The relevant project manager and principal contractor shall endorse the relevant
minutes with his/her recommendations and return the minutes to the relevant
contractors chairperson within 14 calendar days of the meeting.
3.20.5 Tool box talks / Daily team talks / pre job meetings
1. A meeting must be held prior to the commencement of the day’s work with all
relevant personnel associated with the work task in attendance. The job, relevant
procedures, associated hazards, safety measures, i.e. the task risk assessments
shall be discussed. Each employee who attends the briefing shall sign an attendance
list of that pre-job brief form undertaking that they have an understanding of the
tasks, risks and control measures required.
2. Where possible, tool box talks can be included in the pre-job brief meetings. If this
does not occur, then weekly tool box talks must be conducted. The toolbox talk topics
will be based on SHE issues pertaining to the construction site and or the project.
The topic contents shall be in writing. Attendance registers with the topic listed shall
be kept.
3.21 SHE Training
1. The principal contractor, when making a bid for this project shall provide a
breakdown list of the SHE training requirements and the costing of such
requirements. Similarly, appointed contractor must provide the same requirements
when bidding with the principal contractor.
2. The scope of training includes but is not limited to the type of work being performed
and the relevant procedures. Additional to the requirements, will be that the principal
contractor and appointed contractors must have the appropriate qualifications,
certificates and employees should always be under competent supervision.

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3. Where legislative and Eskom recommended appointments are made, the relevant
training shall be given to those appointees prior to the acceptance of those
appointments.
4. When there is an amendment to the Acts and/or to the regulations, SHE specification
and SHE plan, all affected staff shall undergo the applicable refresher training.
5. Appropriate time must be set aside for training (induction and other) of all employees.
6. Records of all training and qualifications of all contractor employees must be kept on
the SHE file.
3.21.1 Induction training
1. The principal contractor shall ensure that all his / her employees, appointed
contractors and their employees have undergone the Eskom Safety Contractor
Management induction training prior to commencing work on site.
2. Attendance registers must be completed of any induction training given, which must
indicate that they have received and understood the induction training.
3. Prior to attending the induction training, all employees must undergo a preemployment medical examination and found fit for duty. A copy of the certificate of
fitness must be kept in the SHE file on site for the duration of the project.
4. All employees and visitors on site shall carry the proof of induction training.
3.21.2 Site specific induction training
The principal contractor shall ensure that all his / her employees and appointed contractor
employees undergo site specific work induction with regard to the approved project SHE
plan, general hazards prevalent on the construction site, construction risk assessment, rules
and regulations, and other related aspects. The induction training should also include
identification of sensitive features such as wetlands/vlei areas, red data species, graves, etc.
3.21.3 Visitors to site induction
1. Visitors to the site shall be required to undergo and comply with the principal
contractor’s site-specific safety induction prior to being allowed access to site.

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2. All visitors must remain in the care and custody of a person (host) who has been
properly inducted. No visitors are permitted to undertake any work onsite, of any
nature.
3. Visitors who have completed site induction must be provided with a record of proof of
Induction training.
3.21.4 General training
The principal contractor will be required to ensure that before an employee commences work
on the project, the respective supervisor informs the employee of his scope of authority, the
hazards associated with work as well as the control measures to be taken. This will include
man-job specifications, the discussion of any task procedures or hazardous operational
procedures to be performed by the employee. The Principal Contractor is to ensure that the
supervisor has satisfied himself that the employee understands the hazards associated with
any work to be performed by conducting task/job observations.
3.22 Contractor Site Establishment
1. Principal contractor’s site facilities should be managed at all times.
2. Prior to establishing a project site, a site plan is required to be drawn listing position
of all buildings, amenities, storage and stacking areas. The appropriate colour coding
and demarcation of storage and stacking areas must be carried out.
3. Where, working in the field and material is stored at the work sites, then proper
stacking and storage shall be carried out.
4.

When compiling the site plan, cognisance must be taken to the establishment of the
site camp, ablution facilities and dining area in relation to one another and away from
stacking and storage areas.

3.22.1 Site roads
1. When planning, sufficient areas must be allocated for parking of construction vehicles
and mobile equipment’s as well as roadways for ease of manoeuvrability of these
vehicles.
2. Sufficient width roads to be provided and adequate space is to be allowed for large
vehicles traversing the sites.
3.22.2 Construction vehicle safety

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1. It is the responsibility of the driver to ensure:
a. Their passengers wear seat belts whilst the vehicle is in motion.
b. Comply with all traffic road rules, safety, direction and speed signs.
c. Ensure that vehicle loads are properly secured prior to moving off.
d. Ensure that vehicles are not overloaded.
2. No drivers or operators may text, talk on cell phones or two way radios whilst driving,
unless a hands free kit is used.
3. All drivers of construction vehicles are to have valid medical fitness certificates.
4. Each Project site that is enclosed by demarcation will have system/ process to
manage vehicle access to site.
5. Contractor must maintain their vehicles in a roadworthy condition and a vehicle
license must be valid at all times.
6. Drivers of light vehicles must avoid stopping or parking in the vicinity of machines. At
least 30 (thirty) meters must be left clear between such a vehicle and such a machine
7. Contractor vehicles can be subject to inspections by the Client/Agent’s
representative. Vehicles which are not roadworthy will not be permitted to be used
on the project.
8. Drivers/operators shall be responsible for the travel-worthiness of all loads conveyed
by them. Precautions shall be taken to secure all loads properly. Loads projecting
from vehicles shall be securely loaded and in daytime a red flag and during darkness
a red light or red reflective material shall be attached to the extreme end of such
projecting material.
3.23 Housekeeping and Order
1. All contractors shall maintain a high standard of housekeeping within their sites and
vehicles for the duration of the project.
2. Prompt disposal of waste materials, scrap and rubbish is essential.
3. Materials/objects shall not be left unsecured in elevated areas –falling objects may
cause serious injuries/fatalities.

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4. Nails protruding through timber shall be bent over or removed so as not to cause
injury.
5. All packaging material including boxes, pallets, crates, etc. to be removed from the
work area immediately.
6. On completion of his / her work, the contractor is responsible for clearing his / her
work area of all materials, scrap, temporary buildings and building bases to the
satisfaction of the client/agent.
7. In cases where an inadequate standard of housekeeping has developed,
compromising safety and cleanliness, anyone has the responsibility to bring it to the
attention of the principal contractor in the first instance and the Eskom project/site
manager in the second instance.
8. The Eskom Project/Site Manager has the right to instruct the principal contractor and
appointed contractors to cease work until the area has been tidied up and made safe.
Neither additional costs nor extension of time to the contract shall be allowed as a
result of such a stoppage. Failure to comply with this requirement will result into site
cleaning by another cleaning contractor company at the cost of the principal
contractor.
9. The principal contractor shall carry out regular safety/housekeeping inspections (at
least weekly) to ensure maintenance of satisfactory standards. The principal
contractor shall document the results of each inspection and shall maintain records
for viewing.
3.23.1 Stacking
1. Before stacking any material, the contractors or their employees must consult the
contract manager for authorisation to use such an area for stacking purposes. This is
to prevent haphazard arrangements.
2. Adequate care must be taken by the contractor to ensure that storage and stacking is
carried out correctly and safely.
3. Correct shelve stacking must be carried out, heavy and bulky on the bottom, light and
small on top.
3.24 Workplace Signage and Colour Coding
1. Symbolic safety signage shall be displayed where it is required by legislation.

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2. All symbolic safety signage shall conform to the requirements of SANS standard
1186.
3. Signs shall be positioned to be seen from most positions within the work sites /
areas.
4. All signage must be clear at all times and be replaced timeously when worn out.
5. Contractors establishing sites must erect a company sign at their site offices to reflect
the name and contact details of the: Construction Supervisor; Health and Safety
Manager/Practitioner; First Aider; Health and Safety Representative and Evacuation
warden.
6. The location of every first aid box; fire extinguisher and emergency exit is to be
clearly indicated by means of a sign.
7. When using, an explosive power tool the appropriate signage shall be erected,
warning people of its use.
8. Contractors shall provide signage where work is conducted and where unauthorised
entry is prohibited and/or where alerting and cautioning passers-by to be aware of
potential dangers.
9. The meanings of the appropriate symbolic signage must be discussed during
induction training and toolbox talks.
10. Where possible, within workshops, work areas and established premises, the
appropriate sign indicating the meaning of symbolic safety signs must be displayed.
3.25 Tools and Equipment
1. Contractors shall ensure that all tools and equipment are identified, safe to be used
and is maintained in a good condition.
2. Contractors shall ensure that all tools and equipment are listed on an inventory list,
be regularly inspected at least monthly or as required by legislation and risk
assessments. The equipment should be numbered or tagged so that it can be
properly monitored and inspected.
3. Where applicable, tools and equipment must have the necessary approved test or
calibration documentation prior to being brought onto the project and the records

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shall form part of the SHE plan. Maintenance calibration shall be undertaken in terms
of the manufacturer’s requirements.
4. All fuel driven equipment must be properly maintained in accordance with the
manufacturer’s recommendations and legal requirements.
5. Eskom reserves the right to inspect tools or items of equipment brought to site by
contractors for use on this project.
6. Should Eskom personnel find any item that is inadequate, faulty, unsafe or in any

other way unsuitable for the safe and satisfactory execution of the work for which it is
intended, the Eskom personnel shall advise the contractor in writing and the
contractor shall forthwith remove the item from site and replace it with a safe and
adequate substitute.
Note: In such cases, the contractor shall not be entitled to extra payments or extensions of time in
respect of delay caused by Eskom’s instructions.

7. Where defective tools and equipment’s are identified, such tools and equipment shall
be removed out of site immediately, locked away to prevent further use until such
time as the tool or piece of equipment has been repaired.
8. Contractors shall ensure that the appropriate records are kept for all tools and

equipment used on the project. Such tools and equipment’s shall be subjected to
regular inspections.
3.25.1 Hand tools
1. All hand tools (hammers, chisels, spanners, etc.) must be recorded on a register and
inspected by the construction supervisor on a monthly basis as well as by users prior
to use.
2. Tools with sharp points in tool boxes must be protected with a cover.
3. All files and similar tools must be fitted with handles.
4. No make shift tools are permissible on the project.
3.26 Ladders
1. Ladders used shall conform to the requirements of GSR 13A and used in terms of
GSR 6.
2. The appropriate head protection, with chin strap shall be worn by employees working
from a ladder or with climbing irons.

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3. The ladder wheels, brakes and platform must be in good condition.
4. All metal parts to be in good condition, no cracks.
5. Non-slip devices must be in good condition and no paint to be on wooden ladders
6. Climbing irons are permitted to be used in place of ladders on condition that the
requirements of GSR 6 are not compromised and from an electrical point of view not
damage any cabling. The working at heights risk assessment must indicate the use
of climbing irons.
7. Employees using climbing irons shall be suitably trained in the use, care and
maintenance of such climbing irons.
8. When using climbing irons, the appropriate rope grab fall prevention system shall be
used.
9. The correct fall protection equipment shall be worn and used whilst climbing up,
working from and climbing down ladders.
10. The appropriate head protection, with chin strap shall be worn by employees working

from a ladder or with climbing irons.
11. A detailed inspection of all ladders shall be conducted monthly by a competent
person and every time prior to climbing by employees using such ladders. The
inspection check lists must be filed in the site SHE files.
3.27 Scaffolding
1. Scaffolding use shall conform to the requirements of CR 14, Eskom procedure 32418 and used in terms of GSR 6.
2. The requirements for using a scaffold platform shall be determined by the work at
heights risk assessment.
3. All scaffolding that will be used shall conform to the SANS standard 10085 and the
requirements of CR 16 shall be carried out.
4. Scaffolding shall be erected and inspected by the competent personnel.
5. The appropriate training for scaffold users shall be conducted prior to climbing on to
the scaffold.
6. The correct fall protection equipment shall be worn and used whilst climbing up,
working from and climbing down the scaffolds.

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7. A detailed inspection of all scaffolding shall be conducted monthly by a competent
person and every time prior to climbing by employees using such scaffolding. The
inspection check lists must be filed in the site SHE files.
3.28 Auditing
3.28.1 Approval and compliance of principal contractor SHE plan
The Contractor’s SHE Plan will be audited against compliance checklist so as to verify
compliance to the requirements of the Eskom SHE specifications. Once there is compliance
only then will the principal contractors SHE plan be approved by the project manager or an
appointed Eskom contract custodian. The implementation of the SHE Plan shall be
assessed / audited by Eskom personnel on a regular basis. This will include physical
conditions evaluation.
3.28.2 Eskom SHE audits
Eskom shall evaluate all contractors’ SHE performance on an ongoing basis against the
legal, Eskom requirements, SHE specification and the contractors SHE plans.
Note: Eskom reserves the right to conduct unannounced audits on contractors

There will be monthly audits conducted by Eskom on the principal contractor/s and/or
appointed contractors. These audits shall be attended by the contractor’s site manager or
his representative.
If there are any findings / non-compliance identified as serious in these audits, an activity will
be stopped for that specific Principal Contractor and appointed contractor. Refer to section
on “Work Stoppage” in this SHE Specification.
3.28.1 Contractor audits
Principal Contractors are required to conduct internal audits on both their employees and
their appointed contractors on the implementation of their SHE Plan on a monthly basis or
when the scope of work changes. A summary of the findings and the proposed corrective
actions shall be submitted to Eskom project manager within one week after completion of the
audit. Where appointed contractors are audited by the principal contractor a copy of the audit
report shall be submitted to the appointed contractor within 7 days of the audit.

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3.29 Smoking
The national smoking policy must be observed and smoking is permitted in designated areas
only (Eskom Smoking Procedure 32-36).
3.30 Cellular Phones
The national requirements regarding the use of cellular phones must be observed, in
particular when driving and or operating mobile equipment and or machinery.
3.31 Occupational Health, Hygiene and Rehabilitation
All contractors are required to develop an Occupational Health, Hygiene and Rehabilitation
program. The program is intended to ensure that the risks to health are identified and
controlled.
3.31.1 Medicals
Note: Eskom will only accept medical surveillances conducted by an Occupational Health
Practitioner who holds a qualification in occupational health.
1. Principal contractors must ensure that their employees and their appointed contractor
employees have a medical surveillance program whereby their employees under go
entry, periodic and exit medical fitness examinations.
2. In order for the appropriate medical examinations to be conducted, each employee
must have a man job specification, which must indicate the description of work, list of
hazards and potential occupational exposure limits, physical hazards and required
physical attributes.
3. Medical fitness certificates shall be renewed annually for employees who are working
on site. This shall be maintained until completion of the contract.
4. The Principal Contractor must ensure that his / her employees and appointed
contractor employees have undergone pre-entry medical examination before starting
work on the contract.
5. The principal contractor shall provide a documented process for managing those
employees who are issued with a conditional certificate of fitness.

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3.32 Working at Heights
3.32.1 General Requirements
Wherever reasonably practicable, preference is given to the performance of work at ground
level as opposed to the elevated position. Where work in an elevated position is necessary,
preference is given to fall prevention measures such as, but not limited to, effective
barricading and the use of work platforms. Persons may only work from a fall risk position if
a site-specific fall protection plan is in place and correctly implemented and consists of the
following:
1. All appointments for the fall protection plan developer and implementer are in place.
2. Baseline risk assessment, which is specific and incorporates the working at height
risk assessment, as well as the site-specific risk assessment, has been completed for
the work to be conducted.
3. Safe working procedure/task analysis and work instructions, approved by a
competent person, are in place.
4. A fall rescue plan, along with necessary equipment and trained rescuers, is in place.
5. Appropriate training, as determined by the risk assessment, has been provided.
6. Appropriate height safety equipment and personal protective equipment have been
issued to the individual.
7. There are equipment inspection procedures and up-to-date inspection records.
8. Individuals are medically fit to work at height, and records of this are kept.
9. A site-specific risk assessment is performed.
While work is in progress, adequate warning signs and/or barricades shall be used in all
areas where there is a risk of persons being injured by materials or equipment falling from
the work area. Barricades should be continuous and easily visible.
A drop zone shall be established with appropriate warning signs and barricading, warning
personnel below of workers above and potential falling objects.
Every employer shall ensure that work at height is:
1. properly planned;

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2. appropriately supervised; and
3. carried out in a manner that is, as far as is reasonably practicable, safe and that its
planning includes the selection of work equipment.
3.33 Risk Assessments
It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry
out risk assessments, to establish which risks and hazards are attached to the health and
safety of persons due to any work which is performed, any article or substance which is,
handled, stored, transported. A risk assessment is defined as an identification of the hazards
present in an organisation and an estimate of the extent of the risks involved, taking into
account whatever precautions are already being taken. It is essentially a three stage
process:


identification of all hazards;



evaluation of the risks;



Measures to control the risks.

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

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3.35 Personal Protective Equipment Requirements
1. The Principal contractor must provide a detailed programme that includes the
issuing, maintenance and replacement of PPE for all his employees and appointed
contractors on site.
2. All contractors shall comply with the requirements of GSR 2 of the OHS Act.
3. The risk based PPE matrix must be compiled detailing the types of PPE that is
required to be issued to employees performing the respective tasks.
4. Where there are unusual instances where particular activities require additional type
of PPE, then a risk assessment must be conducted where such PPE requirements
will be identified and the issuing be carried out.
5. All contractors shall ensure that their visitors wear and use the correct PPE whilst on
worksites.
6. Where PPE is required and visitors are not in possession of, then it is the individual
contractor’s responsibility to provide the PPE.
7. All PPE purchased and used by all contractor employees including visitors must
comply with the relevant SANS standards.
8. Where deemed as a requirement, then high visibility vests shall be worn.
3.36 Incident Investigation
All incidents shall be investigated in terms of OHS Act General Administrative Regulations 8
and 9, using Eskom Procedure 32-95 as a reference, and where injuries as contemplated in
sections 24 and 25 have been sustained, be reported to the Department of Labour.
Contractors shall use the standard General Administrative Regulation Annexure 1
“Recording of an Incident” form for all incident investigation reports. The objective of incident
investigation, should not only be a legal requirement, but should establish why and how the
incident occurred and find out the real root cause of the incident and to decide on
precautionary measures that are required to address the root cause to prevent any further
recurrences of the same or similar incidents.

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3.37 Emergency Management
The art of emergency preparedness and response is to minimise the effects of any
emergency and to restore normal activities as soon as practical. The contractor must
familiarise themselves with the Eskom emergency response plan and procedure. Periodic
emergency drills must be undertaken to test the effectiveness of the plan. This must be
recorded and provided on request.
3.38 Non-Conformance and Compliance
1. Any non-compliance to any health and safety requirement in this SHE specification is
subject to discipline in terms of the Eskom Procurement and Supply Management
Procedure.
2. Principal contractors are required to implement a non-conformance procedure (if not
already in place) for issuing to contractors for transgressions. The procedure can
include “quality” related non-conformance issues. Similarly, appointed contractors
must implement a non-conformance procedure.
3. The procedure for the issuing and closing off of non-conformance reports shall be
strictly adhered to.
4. Contractor project management must monitor the close out non-conformances
issued, in not doing so; any recommendations made may not be implemented.
5. Where non-conformances are issued by Eskom then one of the close-out steps of
the procedure will be for the offender to be called by the responsible project manager
to explain the non-conformance issued and what plan is in place to prevent a
recurrence of the non-conformance.
6. Should the contractor fail to provide adequate PPE to their employees for the tasks
being performed and/or to visitors; failure to enforce the wearing of such PPE will be
viewed as a transgression of the legislative and Eskom requirements.
3.39 SHE File
1. A SHE file means a file or other record in permanent form, containing the information
about the safety and health management system during construction and all
information relating to the post-construction phase after handover to the client, so
that the client can maintain the works in a healthy and safe way.
2. All contractors are required to keep a SHE file on every project site. If there is more
than one site per project, a file per site shall be kept at that site. Contractors may

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keep additional files at their head office as additional records. The SHE file shall be
maintained by all the contractors on their construction sites and shall be available on
request for audit and inspection purposes.
3. The SHE file shall consist of the requirements in terms of the project’s safety
specification, the contractor’s safety and health plans.
4. The sequence of filing the documentation must be kept in the same sequence as
listed in this SHE specification and the SHE plan.
5. Each record shall be separated by partitions to afford easy identification and access.
Each partition must be labelled.
6. On completion of the construction work/project, the principal contractor must hand
over a consolidated health and safety file to the project manager. The principal
contractor must also hand over all drawings, designs, lists of materials used, and
other applicable information about the completed structure, as well as the list of
subcontractors, the agreement, and the type of work completed.
7. In case where the project is extended, should the documentation in the SHE files
become cumbersome, the older documentation must be archived in boxes which
shall be correctly labelled and be available for auditing purposes. The archived
documentation must be handed over at the completion of the project.
3.40 Work Stoppage
1. Any person may stop any activity where an unsafe act or unsafe condition that poses
or may pose an imminent threat to the safety and health of an individual or create a
risk of degradation of the environment. This includes any unauthorised work or
service performed by, or legally or contractually non-compliant acts or omissions by,
any contractor contracted to work at that site.
2. Work stoppages that are initiated due to SHE concerns, non-compliance, or poor
performance related to the contractor’s works or services shall not warrant any
financial compensation claim lodged against Eskom where the contractor has not
met the requirements defined legally or contractually.
3. Where stoppages are carried out, the required non-conformance report shall be
raised.
4. All work stoppages ideally should be investigated and documented by contract
custodians.

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3.41 Hours of Work
The requirements of the Basic Conditions of Employment Act, Chapter Two “Regulation of
Working Time” must be adhered to. All contractors are required to maintain an accurate
record of time worked by each employee.
3.41.1 Normal work
All work conducted on site shall fall within the legal requirements in accordance with the
Basic Conditions of Employment Act. Contractors will notify their Eskom Supervisor or
project manager of any work that needs to be performed after hours according to the agreed
arrangements. (The application needs to be submitted timeously). Where applicable, the
notification should include proof of application, for overtime, to the Department of Labour and
/or the letter of approval from the Department of Labour.
3.41.2 Night work
When night work is to be performed; contractors shall provide sufficient lighting to enable the
entire work site to be illuminated to a degree that employees will not work in dark (unilluminated) or dimly lit areas. Care must be exercised as not to use few lights with high light
intensives as this will cause night blindness.
If work is continuing from day light into night, at dusk, a tool box talk must be held where all
employees will be advised of the hazards of night work and the extra precautions which
require to be taken, i.e. poor housekeeping, stepping on uneven ground, stepping into holes
etc.
3.41.3 Overtime
When overtime is required to be performed, the appointed contractors shall inform the
principal contractor of such action. The principal contractor shall inform the Eskom project
manager of such function. Contractors shall be aware of the effects of human fatigue and
regulate overtime accordingly. The baseline risk assessment must be reviewed to include
the management of overtime work.
3.42 Omissions from Safety and Health Requirements Specification
By drawing up this SHE specification Eskom has endeavoured to address the most critical
aspects relating to SHE issues in order to assist the contractor to adequately provide for the
health and safety of employees on site.

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Should Eskom not have addressed all SHEQ aspects pertaining to the work that is tendered
for, the contractor needs to include it in the SHE plan and inform Eskom of such issues when
signing the contract.
3.43 Contract Sign-Off
On completion of the project, all appointed contractors shall close out their project
documentation; SHE files and forward such to the principal contractor. The principal
contractor shall likewise close out his/her project documentation and SHE files and forward
such to the Eskom project manager.

4. Acceptance
Nill.

5. Revisions
Date

Rev.

Compiler

Remarks

August 2015

0

F Pooe

This provides the initial SHE
specification requirements that
must be met by the relevant
contractors who have been
awarded a contract for the work to
be performed for Eskom.

1

Public
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.

Page 57 of 57

Teresa Bronkhorst
From:
Sent:
To:
Subject:

Group IT Service Communications
17 March 2020 01:16 PM
Group IT Service Communications
Tender Bulletin System Unavailable - 17 March 2020

Dear Guardians
This note serves to inform you that some IT systems are not yet back online and as a result,
Tender Bulletin is also impacted.
Please be assured our technical teams are working tirelessly to restore the systems and services.
Thank you for your patience.

Kind regards
Group Information Technology

Signature Version 01/09/2019 06:00

Signature Version dd/mm/yyyy hh:mm

1

QUALITY Clarification Presentation
Title: Operating Legislative Training required
within MOU

Tender number: PTATEN2523
Clarification questions from 18 March 2020 to
10 April 2020

Tender Information
• Project title: Operating Legislative Training
• C3.1 Works information”
• Type of contract: NEC 3 – Term Services
• Buyer: Teresa Bronkhorst
• Date of Issue: 16 March 2020
• Clarification date from

16 March 2020 to 10 April 2020

• Closing date: 15 April 2020

• Quality Requirements Tender Enquiry – Category 4 requirements – Category 4
criteria; Form A ; 240-105658000 (QM 58 document); Method Statement, Approved Quality Policy,
Documented Info for defined roles, responsibilities & authorities & Documented Info for Control of Externally
Provided Processes, Products & Services.

• Quality evaluation to be done after Technical/ Price & BBBEE - only on successful
supplier shortlisted for award.
2020/03/18

2

Quality Requirements
• Document 240-105658000 i.e QM 58 for reference only- NB: do not
print and submit;

• Document 240-1248652 - List of Tender Returnables Documents Category 4 Quality requirements - submit listed items as per Section A
to Section E;

Templates provided • Section A of Quality Criteria– Method Statement to be completed and
returned based on the NEC document Scope of Work as per template
provided;(Note: A Method Statement or Quality Manual can be submitted).

2020/03/18

3

Quality Requirements continued

• Document 240 – 43921804 - Form A for Category 4 –sign and
complete Sections A and Section E and return

2020/03/18

4

Common mistakes made by tenderers on
Quality submissions
Section A
1. Quality policy not signed or not submitted; or does not comply with clause
in the ISO 9001:2015 standard ( it’s a controlled document must have ref
number; revision; authorization date);
2. If Applicable - Option1- ISO certification scope must be relevant; valid by
tender closing date;
3. Method Statement not as per scope of work or just not completed.

2020/03/18

5

Common errors when evaluating- cont’d
Section B
1.

Organogram not on letterhead, no names evident and not signed by CEO. It
must be a controlled document;

2.

Roles & responsibilities of persons carrying out work not adequately defined.

3.

Supplier Management procedure not aligned to Clause 8.4 of ISO 9001:2015

2020/03/18

6

Common errors when evaluating- cont’d

Section C – Not Applicable

Section D – Not Applicable
Section E - Form A (Section A & Section E) not completed or not signed.

2020/03/18

7

d Questions

• If any Quality requirements are unclear kindly please send your
questions to the email [email protected] for clarification.
• Please note the deadline of 10 April 2020 for final clarification
questions

Thank You
2020/03/18

8

PTATEN2523: Operating Legislative Training
CLARIFICATION EMAIL QUESTIONS AND ANSWERS
OPERATING UNIT: MPUMALANGA
Discussion notes of the email clarification questions received from 16 March 2020, published
date on National Treasury eTender website.
Important Note: all changed documents will be posted as ADDENDUM and the file that was
changed/replaced. Please do not submit the first printed documents where it has been
replaced by an addendum, only the addendum documents from 16 March 2020.
FUNCTIONAL CRITERIA
1.

Commercial, SD&L Pre-Qualification, Completed NEC3 required pages and Financial
Statements (COMM):
The tender documents were posted on the National Treasury eTender website on 16 March
2020. The Eskom Tender bulletin on www.eskom.co.za is currently under construction and is not
working.
 The 15 April 2020 at10:00am, no late tenders will be accepted.
 One Original document plus one exact copy of the original document. (that means 4 Original
documents consisting of Commercial, Technical, SHE and Quality and 4 exact copies of all
the mentioned files above.
 Please do provide the Pre-Qualification B-BBEE Affidavit and Mandatory commercial
returnables place it right in front of the Commercial returnable document.
 It is important to submit a file for each requirement and mark it accordingly e.g.
1. Commercial, SD&L Pre-Qualification B-BBEE document, NEC3 document and
completed pricing schedule with excel sheet memory stick, 18 months Financial
Statements, 2. Technical, 3. SHE, and 4. Quality. Environmental is not applicable
 The Tax evaluation questionnaire: What the service provider needs to do is download it as
excel file, save it, then open it again, then you will be able to edit it and choose the right
questions to reply on. Then only print the pages that you have completed. Please remember
after each page completed, you must say next.

2.

Technical Gatekeepers (TECH): The tenderer needs to obtain a minimum of 70% Functionality
in order to proceed with the evaluations.
 Proof of all documents required as per the Technical evaluation sheet must be posted in this
document.
 Tenderers to arrange the returnables in the Technical file as per the requirements and put
tabs.

3.

SHE returnables (SHE): These requirements are required as per Annexure B and Annexure C1.
These required returnable documents must be posted in this file.

4.

QUALITY returnables (QUALITY): These requirements are required as per the posted forms,
Form A, Category 4 returnable, Method statement example, QM58 is a reference document only
please do not print and return. There is also a Presentation posted.

Clarification mails received from 18 March 2020

Page 1 of 2

5.

Environmental: Not applicable
The above mentioned discussion notes will be treated as the clarification Minutes of the mails
received and the clarification thereof.
EMAIL QUESTIONS RECEIVED
1. COMMERCIAL, SD&L, NEC AND FINANCIAL STATEMENTS QUESTIONS:
No.

Question

Response

1

None received yet

Only mails received requesting for the
tender documents. Documents are not
sent to any intended Tenderer it must be
obtained on the National Treasury
eTender bulletin and downloaded from
there

2
3.
2.

TECHNICAL QUESTIONS

No.
1
2
3.

Question
None received yet

Response

QUALITY QUESTIONS

No.
1
2
5.

Response

SAFETY QUESTIONS

No.
1
2
4.

Question
None received yet

Question
None received yet

Response

ENVIRONMENT QUESTIONS - Not applicable

OTHER
No.
1
2

Question
None received yet

Clarification mails received from 18 March 2020

Response

Page 2 of 2

Template
Identifier

© €skom

Invitation to Tender

240-114238630

Rev 9

NA

Rev

Docu ent

Identifier
Effective Date
Review Date

N/A

11 February 2020
February 2023

ESKOWI HOLDINGS SOC LTD
INVITATION TO TENDER
FOR
The provision of Operating Legislative Training required within Mpumalanga

Operating Unit
Tender number

PTATEN2523

Issue date

11 March 2020

Closing date and time

20 May 2020 at10h00

Tender validity eriod

90 days fro the closing date an time
No clarification meeting with representatives

Clarification meeting

of the Employer will take place due to the

Tenders are to be delivered to the
following address on the stipulated
closing date and time:

COVID 19 lockdown of the country.
Communication method:
Please communicate via email with any
questions with regard to the tender and any
uncertainties you may have.
Menlyn Tender office
No.1 Gobie Street, enlyn Office Park
Eskom Offices Menlyn 5 Level -1
Menlo Park
Newlands
Pretoria

Confidential
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the user to ensure it is in line with the authorised version on the system.
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Ltd, Reg No 2002/015527/30.
Page 1 of 51
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)

Template
Identifier

© Eskom

Invitation to Tender

Document

Identifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

Invitation to tender
Eskom Holdings SOC Ltd (hereinafter Eskom ) invites you to submit a tender for the provision of
Operating Legislative Training required within Mpumalanga Operating Unit.
The enquiry documents are supplied to you on the following basis:
• Free of charge

Eskom has delegated the responsibility for this tender to the Eskom Representative whose name and
contact details are set out in the Tender Data. A submission of a tender/proposal by you in response to

this Invitation will be deemed as your acceptance of the Eskom Standard Conditions of Tender (to be
accessed via www.eskom.co.za),

Queries relating to these Invitation documents may be addressed to the Eskom Representative.

Yours faithfully

Pumezile Makeba
Procurement Manager

Date:

Io3|

Confidential
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the user to ensure it is in line with the authorised version on the system.
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Page 2 of 51
File name: 240-114238630 invitation to Tender/ Request for Proposal (RFP)

Template
Identifier

(D Eskom

Invitation to Tender

Document

Identifier
Effective Date
Review Date

240-114238630

Rev 9

N/A

Rev

NA

11 February 2020
February 2023

The following documents listed hereunder are attached to this enquiry.
Num

Description

Annexure/to be
downloaded and

ber

Attached

(Y/N)

attached
*Acknowledgement form
enderer s particulars
* Integrity Declaration Form
(refer to www.eskom.co.za for the Supplier intearitv Pact

6.1
6.2
6.3.

Annexure A
Annexure B
Annexure C

Y
Y
Y

that suppliers are required to download and read)
6.4

CPA Requirements for Local Goods/Services

Annexure D

Y

6.5

CPA(IG) for Foreign Goods/Services (if applicable)

Annexure E

N

6.6

SBD 6.2- Declaration Certificate for Local Production and

Annexure F1

N

Annexure F2

N

Annexure D-Imported Content Declaration - Supporting
Schedule to Annexure C

Annexure F3

N

Annexure E-Local Content Declaration- Supporting

Annexure F4

N

Annexure G

Y

Annexure H

Y

Procurement
Practitioner to
download from
Hyperwave

Y

To be obtained

Y

Local Content (only applicable if designated materials are
included).
Annexure C-Local Content Declaration- Summary

Schedule

Schedule to Annexure C
SBD 1 -Invitation to Bid must be filled out by all tenderers
and submitted with the tender at tender submission
deadline

6.7

SBD 6.1- Preference Points Claim Form in terms of

6.8

PPPFA 2017 regulations
Tax Evaluation questionnaire to determine whether a
company, close corporation (CC) or Trust is a personal

6.9

service provider for purposes of PAYE [only to be
attached for services type of contracts].
6.10

Supplier Development & Localisation (SDL&i)
Undertaking (if applicable)

from SDL&I)

1.2 The Tender Data makes several references to the Eskom Standard Conditions of Tender and
in those instances, the clause numbers are referenced hereunder. If the Eskom Standard
Conditions of Tender is not attached to the Invitation to Tender; then the tenderers are
required to download this from www.eskom.co.za. The Tender Data as detailed herein shall
take precedence over the Standard Conditions of Tender in the event of any ambiguity or
inconsistency between the two documents.

Confidential
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the user to ensure it is in line with the authorised version on the system.
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Ltd, Reg No 2002/015527/30.
Page 3 of 51
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)

Template
Identifier

© €skom

Rev 9

N/A

Rev

Document

Invitation to Tender

Identifier
Effective Date
Review Date

Clause Number from Standard
Conditions of Tender
1.1 Parties

240-114238630

NA

11 February 2020
February 2023

Tender Data

The Employer s Eskom Holdings SOC Ltd
The Eskom Representative is:
Name: Teresa Bronkhorst

Tel: 012 421 3080
E-mail: BronkhTB(5)eskom.co.za
1.3 Enquiry documents

The Invitation to tender number is : PTATEN2523

1.4 Type of Invitation to Tender/RFP

This invitation to tender is:
An open Invitation to tender
The tender shall be for the whole of the contract or parts

See the content list above for the enquiry documents.

1.6 Eskom's rights to accept or reject
any tender

2.1 Eligible tenders

thereof,

Submit a tender only if the tenderer (whether a single
company or a structure similar to a Joint Venture) complies

with the eligibility criteria stated in the Tender Data and the
tenderer, or any of his principals, is not under any restriction
to do business with Eskom/State Owned Companies.
Tenderers are deemed ineligible to submit a tender if
® Tenderers have the nationality of a country on any
international sanctions list. A tenderer shall be deemed to

have the nationality of a country if the tenderer is a
national or is constituted, incorporated, or registered and

operates in conformity with the provisions of the laws of
that country. This criterion shall also apply to the
determination of the nationality of proposed
subcontractors or suppliers for any part of the Contract
including related services.

• Tenderers submit more than one [tender/proposal]
either individually or as a partner in a joint venture
(JV) or consortium
• [Tenders/proposals] submitted by a JV or consortium
where the JV/consortium agreement does not

explicitly state that the parties of the JV or consortium
shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms.
® A Tenderer must not have a conflict of interest. All
Tenderers found to have a conflict of interest shall be

disqualified. A Tenderer may be considered to have
a conflict of interest with one or more parties in this
[tendering/RFP] process, if:
o (a)they have a controlling partner/majority
shareholder in common; or

Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
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Page 4 of 51
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)

Template
Identifier

© €skom

Document

Invitation to Tender

I entifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

o (b)they have a relationship with each other,
directly or through common third parties, that
puts them in a position to have access to
information about or influence on the
tender/proposal of another Tenderer, or

influence the decisions of the Employer
regarding this bidding process;
• Tenders signed by non- authorized persons
• Where the tenderers are not registered on National

Treasury s Central Supplier Database (except Foreign
Suppliers)
® A tender that fails to meet any pre-qualifying criteria
stipulated in the tender documents is an unacceptable

tender (section 4 (2) of PPPFA Regulations
• Any tenderer that is restricted by National Treasury
® A tenderer that sub-contracts 100% Scope of Work.

Ineligible tenderers will be disqualified.
2.2 -2.5 Tender Closing

The deadline for Ten /er submission is :

Date 20 May 2020

Time 10H00
Late Tenders will not be accepted

Tenders are to be submitted to the Eskom tender box at the
following physical address:

THE TENDER OFFICE
Wlenlyn Tender office
No,1 Gobie Street, Menlyn Office Park
Eskom Offices Menlyn 5 Level -1
enlo Park
Newlands
Pretoria
2.9 Copy of original tender

The tenderer must submit the tender as a complete original

tender, plus one exact (1) hard copy of the original tender at
tender submission deadline. Eskom may also require that

one (1) additional complete soft copy of the original tender is
required in electronic format.

Where a Tenderer does not submit 1 hard copy of the
original tender at tender submission deadline, the tenderer

2.13 Tender Validity Period

will be disqualified.
The tender validity period is 90 days.

Confidential
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the user to ensure it is in line with the authorised version on the system.
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Template
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Invitation to Tender

2.16 Site/clarification meetings

Document

Identifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

No clarification meeting with representatives of the
Emp/oyer will take place due to the COVID 19 lockdown of
the country.
Communication method:
Please communicate via email with any questions with
regard to the tender and any uncertainties you may have.

2.17 Clarification on enquiry documents

The tenderer will notify the Employer of any clarifications
required before the closing time for clarification queries,

which is 5 working days before the deadline for tender
submission.

2.23 Alternative tenders
2.25 Conditions of contract

Alternative tenders are not allowed.

2.31 Provision of security for
performance

If security for performance (e.g. Performance Bond) is

The conditions of contract will be the NEC3 Term Services
Contract
required, the names of two financial institutions that the
tenderer will approach must be submitted with the tender.
The following bonds are required for this enquiry:-

3.4 Opening offenders

Not applicable
Tenders will be opened at the same date and time as the
tender deadline;

Tenders will be opened on: 20 May 2020
Place: Menlyn Tender office
No.1 Gobie Street, enlyn Office Park
Eskom Offices Menlyn 5 Level -1
enlo Park
Newlands
Pretoria
Date: 20 May 2020
Time: 10H00
3.5 Prices to be read out
3.9 Basic Compliance

Prices will not be read out.
Basic compliance for this invitation to tender are:

® Meet the eligibility criteria for a tenderer
• Submit one (1) hard copy of the original tender to
Eskom
• Submit a complete original tender with commercial,

financial and technical information
• Submission of the mandatory commercial tender
returnables as at stipulated deadlines.

® Central Supplier Database (CSD) number

(MAA )
3.10 Mandatory tender returnables

A tenderer that does not submit mandatory
documents/information in required in mandatory documents

by the required deadlines as stipulated in the Tender
Returnable section of the respective Invitation to Tender; will
be deemed non-responsive.

Confidential
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the user to ensure it is in line with the authorised version on the system.
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File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)

Template
identifier

© Eskom

Invitation to Tender

240-114238630

Rev

9

N/A

Rev

NA

Document

Identifier
Effective Date
Review Date

11 February 2020
February 2023

3.11 Pre-qualification criteria is Pre-qualification criterion for this tender is as follows:

applicable As part of advancing Black owned businesses and to achieve
set targets as per the shareholder compact; only EME s
and/or QSE s levels 1 and/or 2 are eligible to tender.
Mandatory returnables:

• A Certified and Valid Copy of a fully completed Sworn
Affidavit for either EME or QSE (See key notes below to
determine validity of Sworn affidavit), or
® A Certified and Valid Copy of B-BBEE Certificate issued
by CIRC for E Es only, or
® A Valid Copy of a Valid B-BBEE Certificate issued by a
SANAS accredited Verification Agency.

KEY NOTES OF DETERMINING VALIDITY OF B-BBEE
SWORN AFFIDAVITS:
Tenderers submitting B-BBEE Sworn Affidavits must

ensure that the affidavits meet the following key
pointers to ensure their validity:

a) Name/s of deponent as they appear in the identity
document and the identity number.
b) Designation of the deponent as the director, owner or
member must be indicated in order to know that person is
duly authorised to depose of an affidavit.

(Mark the applicable option).
c) Name of enterprise as per enterprise registration
documents issued by the CIRC, where applicable, and
enterprise business address.
d) Percentage of black ownership, black female ownership
and designated group. In the case of specialised enterprises

as per Statement 004, the percentage of black beneficiaries
must be reflected. (No blank spaces to be left).
e) Indicate total revenue for the year under review and
whether it is based on audited financial statements or
management account. (Mark the applicable option).
f) Financial year-end as per the enterprise s registration
documents, which was used to determine the total revenue.
(Financial year-end to be stipulated by day/month/year).
g) B-BBEE Status level. An enterprise can only have one
status level. (Tick applicable level)

h) Empowering supplier status must be indicated. For
QSE s, the deponent must select the basis for the
empowering supplier status.

i) Date deponent signed and date of Commissioner of Oath
must be the same. (The sworn affidavit must be signed in

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Invitation to Tender

Document

Identifier
Effective Date
Review Date

240-114238630

Rev 9

N/A

Rev N/A

11 February 2020
February 2023

the presence of the Commissioner of Oath. Furthermore
the Commissioner must also sign and stamp
j) Commissioner of Oath cannot be an employee or ex officio
of the enterprise because, a person cannot by law,
commission a sworn affidavit in which they have an interest.

If the above is not submitted to confirm B-BBEE status
level the tenderer will be disqualified and will not be
further evaluated.
Commercial mandatory requirements:
Reference

Returnables from supplier
Acknowledgement Form

Annexure A

(fully completed

Additional Documents
required in event of JV

accordingly and signed)
Letter of intent to form a
JV/consortium
* A trust, consortium or joint

venture (including
unincorporated consortia

and joint ventures) must
submit a consolidated
B-BBEE Status Level
Verification Certificate

(SANAS) for every
separate tender.

B-BBEE Certificates/Sworn
Affidavits

NEC3 Documentation

Failure on the part of the
supplier to submit a valid
certificate or valid sworn
affidavit for purposes of
evaluation and scoring by
the tender closing deadline
will result in scoring 0 on
the PPPFA calculations.
Completed NEC3 Term
Services pricing schedule
and contract data.

(fully completed
accordingly and signed)

Technical mandatory requirement (Gatekeeper :

Training providers to comply with the following;
Facilitator, Moderator & Assessor Qualifications

• Facilitators - registered with ETDP SETA as facilitator.

Confidential
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Template
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© Eskom

Invitation to Tender

Document

Identifier
Effective Date
Review Date

9

240-114238630

Rev

N/A

Rev N/A

11 February 2020
February 2023

• Must be a competent person in the field of activity.
• Minimum of 3 years experience for a facilitator.
e Assessor - registered with ETDP SETA as assessor.
® oderator - registered with ETDP SETA as moderator.
® Service providers are expected to provide the client with

training content which is unit standard based, including
formative assessment, summative assessment criteria
and other assessment instruments.
® Service providers must understand that they may at any
time be assessed and evaluated with regards to course
content, training methodology, trainer s knowledge and
experience. (Site visits, office visits can be done at any

point of time).
® The training will be on as and when required basis.
® The learner safety for the duration of the intervention is

the facilitator s responsibility.
® In instances where the service provider
sub-contracts (Eskom must be notified in advance and
only pre-approved service providers), the sub-contractor
will have to eet all Eskom’s contractual obligations.

Functionality (Technical) mandatory threshold is 70%.
The technical Evaluation is appended to this tender.
Tenderers who do not meet the threshold for technical

scoring will be disqualified and not evaluated further.
Non-responsive/Unacceptable tenders will be disqualified
and all the responsive tenders will be evaluated further.

3.12 Designated aterials and Designated material thresholds: not applicable.
thresholds
3.13 Functionality requirements Functionality requirements are applicable.

The following criteria will be applicable for this transaction
under functionality criteria:
Criteria
Technical criteria
Threshold

Weight

100%
70%

Tenderers who do not meet the threshold for functiona ity

Confidential
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3.15 Evaluation of price

Document

Invitation to Tender

Identifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

scoring will be disqualified and not be evaluated further.
Prices will be evaluated as follows:
Inclusive of VAT.
Making the specified correction for arithmetical errors.

Excluding contingencies in any bill of quantities or
activity schedule.

Making an appropriate adjustment for any other
acceptable variations, deviations, or alternative tenders
submitted.

Making a comparison of the Net Present Value of each
adjusted tender based on the tendered programme (if
provided) and prices, on the estimated effect of Price
Adjust ent Factors and rate of exchange fluctuations (if
applicable) and on other evaluation parameters relating

3.17 Evaluation of B-BBEE

to uncertainty and risk, where applicable.
Unconditional discounts ust be taken into account for
evaluation purposes.
Conditional discounts must not be taken into account for
evaluation purposes but should be implemented when
payment is affected.
B-BBEE status will be scored out of 20 points in accordance

with PPPFA. If a tenderer fails to submit proof of B-BBEE
status level, the tenderer will not be disqualified (except if
B-BBEE level is a pre-qualification criterion). The tenderer
will, however, be awarded 80 points for price and will score 0
points out of 20 for B-BBEE.

B-BBEE Status Level
of Contributor

1
2

(80/20 system)
20
18

3

14

4

12
8
6

5
6
7
8
Non-compliant
contributor
3.18 Ran ing of tenders

Number of points

4
2

0

Suppliers will be ranked by applying the preferential point
scoring based on the relevant system as stipulated
hereunderj:-

« 80/20 (for estimated values above R30 000 and up to

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Ltd, Reg No 2002/015527/30.
File name: 240-114238630 In itation to Tender/ Request for Proposal (RFP)

Page 10 of 51

Template
Identifier

(§) €skom

Invitation to Tender

Document

identifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

R50IVI inclusive of VAT)
Eskom will then add the score from Pricing and the
B-BBEE level together and rank the suppliers from the
highest to the lowest.

3.19 Objective Criteria (if applicable)

Objective criteria are applicable
The following objective criteria apply:
Please note:-

e Eskom reserves the right to award the tender to a

supplier who may not be the highest scoring/highest
ranked tenderer, in line with Section (2) (1) (f) of the
PPPFA; subject to the right to negotiate on the
objective criteria with the th ee highest ranked
tenderers respectively before award is made,

® Tenderers will not be disqualified if they do not
comply with the objective criteria

Contractual Requirements

e Functionality and any element of the B-BBEE
scorecard may not be used as objective criteria.
Cont actual Requirements may include the following;

(if applicable)
® SHEQ
• Financial Statements and

• SD&L
It must be noted that SHEQ requirements will be
evaluated on all companies which were found to be
technically viable. The shortfalls will be communicated
to the tenderers during the negotiation meeting. The

tenderer will then be afforded only one opportunity to
correct and resubmit within 07 working days after the
clarification session and failure to submit by the
deadline and to meet these requirements will render the
contractor non-responsive.

Safetv and Health:
® Annexure C 1: SHE Tender Returnable
® Annexure B acceptance of SHE rules

Quality:
• Form A for Cat 4
® Returnables, Section A, B and C.
® Method statement.
® QM 58, Rev 2 for reference only.

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Ltd, Reg No 2002/015527/30.

Page 11 of 51
File name: 240-114238630 Invitation to Tender/ Request for Proposal (RFP)

Template
Identifier

© Eskom

Invitation to Tender

Document

identifier
Effective Date
Review Date

240-114238630

Rev 9

N/A

Rev

N/A

11 February 2020
February 2023

Financial Sustainability
Audited Financial Statements of the tenderer for the previous
18 months or to the extent that such statement is not
avaiiabie, fo the last year. Tenderers must note that in the

case of a joint venture or special purpose vehicle (SPV)
especially formed for this tender, audited financial statements
for each participant in the JV/SPV is required. Start-up
enterprises formed within the last 12 months are not required

to send in statements, but if successful with their tender will
be required to send statements for the first year when once
avaiiabie.
Post tender negotiations

Post tender negotiations might be held. The contract will
however be awarded to the service provider who has the
highest overall ranking score after technical, commercial,
price and B-BBEE evaluations as per PPPFA requirements
subject to meeting contractual requirements that have been
set for this tender.

CIDB Requirements ( here applicable

CIDB Requirements is not applicable

for Engineering and Construction Works

Contracts)
Please note:

Eskom reserves the right to negotiate with preferred bidders after a competitive bidding process
or price quotations; should the tendered prices not be deemed market-related.
Main contractors/ suppliers are discourage from subcontracting with thei subsidiary co panies
as this may be interpreted as subcontracting with themselves and / or using their subsidiaries for
fronting. Where a main contractor subcontracts with a subsidiary this must be decla ed in tender
documents.

A report containing a list of potential sub-contractors may be drawn by accessing the following
link: www.csd.gov.za

proof of B-BBEE status level of contributor means-

(a) the B-BBEE status level certificate issued by an authorized body or person; or
(b) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or
(c) any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment

Act;

Confidential
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the user to ensure it is in line with the authorised version on the system.
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Ltd, Reg No 2002/015527/30.
File name: 240-114238630 Invitation to Tender Request for Proposal (RFP)

Page 12 of 51

Template
Identifier

© €skom

Invitation to Tender

Document

Identifier
Effective Date
Review D te

240-114238630

Re

9

NA

Rev

N/A

11 February 2020
February 2023

1.3 TENDER RETURNABLES
The tenderer must submit the returnables set out hereunder as part of its tender, Returnables that are

mandatory for evaluation will result in disqualification if not submitted at tender closing.
Returnables

Reference

Returnables from supplier

mandatory
for evaluation
purposes and
due tender

closing
Basic Compliance
Pre-qualification criteria :

• B-BBEE levels/EME/QSE
Level 1 and 2

Returnables
mandatory for
contract
award and
due prior to
contract
award

One (1) hard copy of the
tender
“Proof of B-BBEE status
level of contributor” for
main contractor

CSD number
Please Note that:
proof of B-BBEE status level of
contributor means-

(a) the B-BBEE status level
certificate issued by an
authorized body or person; or

(b) a sworn affidavit as
prescribed by the B-BBEE
Codes of Good Practice; or

(c) any other requirement
prescribed in terms of the
Broad-Based Black Economic
Empowerment Act;

If “proof of B-BBEE status level
of contributor is required for
pre-qualification purposes in
terms of PPPFA regulations,

and is either not submitted by
tender submission deadline or

deemed invalid; the respective
tenderer must be disqualified
Annexure A

Acknowledgement Form

Annexure B

Tenderers Particulars

Annexure C

Integrity Pact Declaration
form

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Ltd, Reg No 2002/015527/30.
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Identifier
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Review Date

Annexure D

CPA for local goods/services

Annexure E

(if applicable)
CPA(IG) for imported
goods/services (if applicable)

Annexure F1-F4

SBD 6.2 -Declaration

certificate for local production

Rev 9

240-114238630

NA

ev

N/A

11 February 2020
February 2023

V
Not
applicable
Not
applicable

and content and Annexures

C, D, E (only applicable
where designated materials
are included)

Annexure G (applicable for all
suppliers including Foreign
suppliers)
Annexure H

SBD 1- to be submitted with
the tender at tender

submission deadline
SBD 6.1- Preference Points
Claim Form in terms of

PPPFA 2017 regulations
Supplier Development &
Localisation

(SD&L) Undertaking
(if applicable)
Letter of intent to form a
JV/consortium
Valid joint venture agreement
confirming the rights and
obligations of each of the
joint venture partners and
their profit-sharing ratios.

Written confirmation that the
joint venture will operate as a

Additional Documents required
in event of JV

single business entity
(incorporated) for the
duration of the contract (this
may be included as an
obligation within the JV
agreement)
proof of B-BBEE status
level of contributor
means:-

(a) the B-BBEE status level
certificate issued by an
authorized body or person; or

(b) a sworn affidavit as
prescribed by the B-BBEE
Codes of Good Practice; or

(c) any other requirement
prescribed in terms of the

Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg o 2002/015527/30,

Page 14 of 51
File name: 240-114238630 In itation to Ten er/ Request for Proposal (RFP)

Template
Identifier

© €skom

Invitation to Tender

Document

Identifier
Effective Date
Review Date

240-114238630

Rev

9

NA

Rev

NA

11 February 2020
February 2023

Broad-Based Black
Economic
Empowerment Act;

(as may be applicable for the
particular tendering entity)
Details and confirmation of a
single designated bank
account in the name of the

JV and independent of the
individual JV partners, as set

out in the joint venture
agreement.

* proof of B-BBEE status level
of contributor means:-

(a) the B-BBEE status level
certificate issue by an
authorized body or person; or

(b) a sworn affidavit as
prescribed by the B-BBEE
Codes of Good Practice; or

(c) any other requirement
prescribed in terms of the
Broad-Based Black Economic
Empowerment Act;

Failure on the part of the
supplier to submit proof of
B-BBEE status level of
contributor” for purposes of

evaluation and scoring by the
tender closing will not result
in disqualification (if tenderer
is otherwise deemed to be
responsive/acceptable in all
other aspects and it is not a
pre-qualification criterion).
The tenderer will, however,
be scored zero on B-BBEE

for purposes of PPPFA
scoring and ranking.
Tax Clearance Certificates

A certified copy of a tax
clearance certificate is still

required by Foreign suppliers
(with a footprint in South
Africa- but who are not on

CSD and have not provided a
SARS pin number) and
Local suppliers (who have
not provided their SARS efiling PIN number for
verification by Eskom and/or

their CSD profile / CSD
number).

Foreign suppliers with no
footprint in South Africa, must
still complete the SBD1
document, however no proof
of tax compliance is required.

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Tax Evaluation Questionnaire (if
services contract and was
included as annexure)

Docu ent

identifier
Effective Date
Review Date

240-114238630

Rev

9

N/A

Rev

N/A

11 February 2020
February 2023

Evaluation questionnaire to
determine whether a
company, close corporation

(CC) or Trust is a personal
service provider for purposes

of PAYE]
Compliance with Employment

Equity Act

To the extent that the
tenderer falls within the
definition of a designated
Employer as contemplated
in the Employment Equity Act
55 of 1998, the tenderer is
required to furnish the
Employer with proof of
compliance with the
Employment Equity Act,
including proof of submission
of the Employment Equity
report to the Department of
Labour. (South African

CIDB (where applicable)

tenderers only)
Valid proof of the required
cidb grading designation for

Not
applicable

the main contractor; JV and
/or sub-contractor as may be

Shareholding

required in the tender data at
tender closing deadline or
within 21 working days from
the closing date of
submission offenders if this
is agreed with the Employer
Shareholding organogram
and detailed breakdown (for
each individual company/JV
member) clearly identifying
percentages owned by

N C3 Documentation

individual shareholders (full
names & ID Numbers) and
other entities (provide full
legal/trading name and
respective identifying
registration/trust numbers)
Completed NEC pricing

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