ADVERTISEMENT FORM FOR NATIONAL TREASURY

Bid description: Tower Top Replacement of Acacia-Koeberg No1 400kV Tower 44.

Bid number: E/TP3851-LD

Name of institution: Eskom Holdings Soc Limited

The place where services are required: Transmission Western Grid

Published: 27 October 2020

Closing date: 01 December 2020

Closing time: 10:00

POSTAL ADDRESS: ESKOM HOLDINGS SOC LIMITED

DIVISION; DISTRIBUTION

ATTENTION: TENDER CENTRE

BLOCK ‘E’, STORES BUILDING

BRACKENFEL COMPLEX

ESKOM ROAD

BRACKENFELL

7560

PHYSICAL ADDRESS: TENDER CENTRE

BLOCK ‘E’ STORES BUILDING a

BRACKENFEL COMPLEX

ESKOM ROAD

BRACKENFELL

7560

Contact Person: Thembi Peter

Telephone: 021 980 7509

Fax: 086 7233520

Email: [email protected]

Where bid can be collected: It may be downloaded from Eskom Website. http://mp2mas17.eskom.co.za/tenderbulletin/search.asp

Access information on the web-site for further and updated information. The website can be accessed by the following steps:

1. www.eskom.co.za

2. Go to “Tender Bulletin”

3. Click on “What’s out to tender”

4. Click on “Eskom’s Tender Bulletin”

5. Click on “General Search” on the navigator bar

6. Select fields as “All Groups” and “all suppliers” and “Western” on Eskom Group

7. Click “search”

Where bid can be delivered: TENDER OFFICE

BLOCK ‘E’, STORES BUILDING

BRACKENFEL COMPLEX

ESKOM ROAD

BRACKENFELL

7560

Category: Replacement & Maintenance

Sector: Engineering

Region: Western Province

Briefing session: Not Compulsory via Ms Team meeting, any tenderer who is interested in attending this session, must confirm their intention to attend by submitting their email addresses to Thembi Peter: [email protected] who will be Co-ordinating this virtual meeting not later than the 04 November 2020. Thembi will share a link with all interested tenders including all internal stakeholders before the meeting in order to connect so that all queries can be addressed.

Date: 05 November 2020

Time: 10:00 until 12:30

Venue: MS Team Meeting


BID ADVERTISEMENT FORM



{TENDER_DOCUMENTS_TEXT_START} Non-Disclosure Agreement
(NDA) Vendors
Template
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Identifier
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Review Date
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Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
CONFIDENTIALITY AGREEMENT
“Agreement”
Between
ESKOM HOLDINGS SOC LTD
and
NAME OF OTHER PARTY
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.
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Ltd, Reg No 2002/015527/30.
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Non-Disclosure Agreement
(NDA) Vendors
Template
Identifier
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Identifier
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Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
The Parties to this Agreement are:I.
ESKOM HOLDINGS SOC LTD
a company incorporated under the laws of the
Republic of South Africa, having its registered office at Megawatt Park, Maxwell
Drive, Sunninghill ext.3, Sandton, Republic of South Africa, with registration number
2002/015527/06 [hereinafter referred to as “the Disclosing Party”.
II.
……………………………………………………………………. …………….. a company
incorporated under the laws of South Africa having its registered office at [registered
address
], with
registration number [insert registration number
],
hereinafter referred to as “the Receiving Party”.
Hereinafter individually referred to as a “Party” and jointly as the “Parties”.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1.1
The Disclosing Party intends providing the Receiving Party with certain information
relating to Tower Top Replacement of Acacia-Koeberg No1 400kV Tower 44 (“the
Project”).
1.2
The parties wish to record the terms and conditions upon which the Disclosing Party
shall disclose Confidential Information to the Receiving Party, which terms and
conditions shall constitute a binding and enforceable Agreement between the parties
and their agents.
1.3
Notwithstanding the date of signature hereof, this agreement shall be binding upon
the parties with effect from the date upon which the Disclosing Party shall have
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Identifier
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Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
disclosed any Confidential Information to the Receiving Party, whichever date is the
earliest.
1.4
Neither this Agreement nor the exchange of information contemplated hereby shall
commit either party to continue discussions or to negotiate, or to be legally bound to
any potential business relationship. The parties shall only be bound to a business
relationship by way of a further definitive written Agreement signed by the Parties.
1.5
The party disclosing the Confidential Information shall be known as the “Disclosing
Party” and the party receiving Confidential Information shall be known as the
“Receiving Party”.
2.
The Confidential Information
“Confidential Information” shall for the purpose of this Agreement mean all
information and materials (whether in written, graphic, electronically stored or oral
form) owned and/or developed by the Disclosing Party or its affiliates, including,
without limitation, any technical, commercial, financial or marketing information,
strategies, operations, know-how, trade secrets, processes, machinery, designs,
drawings, formulae, test work data, equipment, notes, memoranda, methods and
other natural resources, technical specifications and data relating to the Project
(including, but not Ltd to, the information set out in 1.1 above), relating to the
disclosing Party's business practices or the promotion of the disclosing Party's
business plans, policies or practices, which information is communicated to the
receiving Party, or otherwise acquired by the Receiving Party from the Disclosing
Party, during the course of the Parties' commercial interactions, discussions and
negotiations with one another, whether such information is formally designated as
confidential or not.
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Template
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Document
Identifier
Effective Date
Review Date
Non-Disclosure Agreement
(NDA) Vendors
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
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3.
Disclosure of Confidential Information
3.1
The Disclosing Party shall only disclose the Confidential Information to the Receiving
Party to the extent deemed necessary or desirable by the Disclosing Party in its
discretion.
3.2
The Parties acknowledge that the Confidential Information is a valuable, special and
unique asset proprietary to the Disclosing Party.
3.3
The Receiving Party agrees that it will not, during or after the course of its
relationship with the disclosing party under this agreement and/or the term of this
Agreement, disclose the Confidential Information to any third party for any reason or
purpose whatsoever without the prior written consent of the Disclosing Party and to
the extent of such authorisation, save in accordance with the provisions of this
Agreement.
In this Agreement “third party” means any party other than the
Receiving and Disclosing Parties or their Representatives.
3.4
Notwithstanding anything to the contrary contained in this Agreement the Parties
agree that the Confidential Information may be disclosed by the Receiving Party to its
respective
employees,
agents,
officers,
directors,
subsidiaries,
associated
companies, shareholders and advisers (including but not Ltd to professional financial
advisers, legal advisers and auditors) ("Representatives") on a need-to-know basis
and for the purposes of the Project; provided that the Receiving Party takes whatever
steps are necessary to procure that such Representatives agree to abide by the
terms of this Agreement to prevent the unauthorised disclosure of the Confidential
Information to third parties.
For purposes of this clause, the Receiving Party’s
Representatives shall be deemed to be acting, in the event of a breach, as the
Receiving Party’s duly authorised agents.
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Non-Disclosure Agreement
(NDA) Vendors
240-63152171
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N/A
Rev
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February 2023
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3.5
Template
Identifier
Document
Identifier
Effective Date
Review Date
Except as otherwise contemplated in this Agreement, the Parties agree in favour of
one another not to utilise, exploit or in any other manner whatsoever use the
Confidential Information disclosed pursuant to the provisions of this Agreement for
any purpose whatsoever other than the Project without the prior written consent of
the Disclosing Party.
3.6
Accordingly, the Receiving Party agrees to indemnify, defend and hold the Disclosing
Party harmless from and against any and all suits, liabilities, causes of action, claims,
losses, damages, costs (including, but not Ltd to, cost of cover, reasonable attorneys'
fees and expenses), or expenses of any kind (collectively, "Losses") incurred or
suffered by the Disclosing Party and/or its Representatives arising from or in
connection with the Receiving Party's unauthorized use or disclosure of the
Disclosing Party's Confidential Information in violation of the Agreement.
4.
Title
All Confidential Information disclosed by the Disclosing Party to the Receiving Party
is acknowledged by the Receiving Party to be proprietary and the exclusive property
of the Disclosing Party. This Agreement shall not confer any rights of ownership or
license on the Receiving Party of whatever nature in the Confidential Information.
5.
Restricting on disclosure and use of the Confidential Information
5.1
The Receiving Party undertakes not to use the Confidential Information for any
purpose other than:
5.1.1
the Project; and
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
5.1.2
in accordance with the provisions of this Agreement.
6.
Standard of care
The Receiving Party agrees that it shall protect the Confidential Information disclosed
pursuant to the provisions of this Agreement using the same standard of care that it
applies to safeguard its own proprietary, secret or Confidential Information but no
less than a reasonable standard of care, and that the Confidential Information shall
be stored and handled in such a way as to prevent any unauthorised disclosure
thereof.
7.
Return of material containing or pertaining to the Confidential Information
7.1
The Disclosing Party may, at any time, and in its sole discretion request the
Receiving Party to return any material and/or data in whatever form containing,
pertaining to or relating to Confidential Information disclosed pursuant to the terms of
this Agreement and may, in addition request the Receiving Party to furnish a written
statement to the effect that, upon such return, the Receiving Party has not retained in
its possession, or under its control, either directly or indirectly, any such material
and/or data.
7.2
If it is not practically able to do so, the Receiving Party shall destroy or ensure the
destruction of all material and/or data in whatever form relating to the Confidential
Information disclosed pursuant to the terms of this Agreement and delete, remove or
erase or use best efforts to ensure the deletion, erasure or removal from any
computer or database or document retrieval system under its or the Representatives'
possession or control, all Confidential Information and all documents or files
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Non-Disclosure Agreement
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Template
Identifier
Document
Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
containing or reflecting any Confidential Information, in a manner that makes the
deleted, removed or erased data permanently irrecoverable.The Receiving Party
shall furnish the Disclosing Party with a written statement signed by one of its
directors or duly authorized senior officers to the effect that all such material has
been destroyed.
7.3
The Receiving Party shall comply with any request by the Disclosing Party in terms of
this clause, within 7 (seven) business days of receipt of any such request.
8.
Excluded Confidential Information
The obligations of the Receiving Party pursuant to the provisions of this Agreement
shall not apply to any Confidential Information that:
8.1
is known to, or in the possession of the Receiving Party prior to disclosure thereof by
the Disclosing Party;
8.2
is or becomes publicly known, otherwise than as a result of a breach of this
Agreement by the Receiving Party;
8.3
is developed independently of the Disclosing Party by the Receiving Party in
circumstances that do not amount to a breach of the provisions of this Agreement;
8.4
is disclosed by the Receiving Party to satisfy an order of a court of competent
jurisdiction or to comply with the provisions of any law or regulation in force from time
to time; provided that in these circumstances, the Receiving Party shall advise the
Disclosing Party to enable the Disclosing Party to take whatever steps it deems
necessary to protect its interests in this regard and provided further that the
Receiving Party will disclose only that portion of the Confidential Information which it
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Non-Disclosure Agreement
(NDA) Vendors
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
is legally required to disclose and the Receiving Party will use its reasonable
endeavours to protect the confidentiality of such Confidential Information to the
greatest extent possible in the circumstances;
8.5
is disclosed to a third party pursuant to the prior written authorisation and Ltd to the
extent of such approval of the Disclosing Party;
8.6
is received from a third party in circumstances that do not result in a breach of the
provisions of this Agreement.
9.
Term
This Agreement shall commence upon the date referred to in date of signature and
shall endure for a period of 3 (three) years after the date of termination of the
relationship between the parties or at a date specified in any subsequent
agreement(s) between the Parties in pursuance of the Project referred to herein.
10.
Additional Action
10.1
Each Party to this Agreement shall execute and deliver such other documents and do
such other acts and things as may be reasonably necessary or desirable to give
effect to the provisions of this Agreement.
10.2
Nothing contained in the Agreement shall be construed as creating an obligation on
the part of either Party to refrain from entering into a business relationship with any
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Identifier
Document
Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
third party. Nothing contained in the Agreement shall be construed as creating a joint
venture, partnership or employment relationship between the Parties. Except as
specified herein, neither Party shall have the right, power or implied authority to
create any obligation or duty (express, implied or otherwise) on behalf of the other
Party. For the avoidance of doubt, nothing in this Agreement shall oblige either of the
Parties to enter into any agreements or transactions whatsoever.
11.
Breach
In the event that the Receiving Party should breach any of the provisions of this
Agreement and fail to remedy such breach within seven (7) business days from date
of a written notice to do so, then the Disclosing Party shall be entitled to invoke all
remedies available to it in law including, but not Ltd to, the institution of urgent
proceedings as well as any other way of relief appropriate under the circumstances,
in any court of competent jurisdiction, in the event of breach or threatened breach of
the Agreement and/or an action for damages.
12.
Amendments
No amendment, interpretation or waiver of any of the provisions of this Agreement
shall be effective unless reduced in writing and signed by the duly authorised
representatives of both Parties.
13.
Enforcement
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
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Identifier
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Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
The failure or delay by the Disclosing Party to enforce or to require the performance
at any time of any of the provisions of this Agreement shall not be construed to be a
waiver of such provision, and shall not affect either the validity of this Agreement or
any part hereof or the right of the Disclosing Party to enforce the provisions of this
Agreement.
14.
Representations & Warranties
14.1
Each Party represents that it has authority to enter into this Agreement and to do all
things necessary to procure the fulfilment of its obligations in terms of this
Agreement.
14.2
The Disclosing Party warrants that disclosure of the Confidential Information to the
Receiving Party:
14.2.1 will not result in a breach of any other Agreement to which it is a party; and
14.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third party;
and the Disclosing Party hereby indemnifies and holds the Receiving Party harmless
against any liability for third party claims on such a basis.
15.
Entire agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter of this Agreement and supersedes all prior agreements between the
Parties, whether written or oral, with respect to the subject matter of this Agreement.
16.
Governing law
Confidential
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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.
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Non-Disclosure Agreement
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Template
Identifier
Document
Identifier
Effective Date
Review Date
240-63152171
Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
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This Agreement and the relationship of the Parties in connection with the subject
matter of this Agreement and each other shall be governed and determined in
accordance with the laws of the Republic of South Africa.
17.
Addresses and Notices
17.1
The Parties hereby choose the address for service (“domicilium”) for all purposes
under the Agreement the addresses set out below:
PARTY
FAX NO.
PHYSICAL
POSTAL
TELEPH
ADDRESS
ADDRESS
ONE NO.
ESKOM
MEGAWATT
P O BOX 1091
+27 11
+27 11
HOLDINGS
PARK, MAXWELL
JOHANNESBUR
800 ….
800 ….
SOC LTD
DRIVE,
G 2000 SA
CONTACT PERSON
SUNNINGHILL
INSERT
PARTICULA
RS
OF
OTHER
PARTY
17.2
A Party may change its domicilium address, by giving thirty (30) business days prior
notice in writing to the other Party.
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.
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Ltd, Reg No 2002/015527/30.
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17.3
Template
Identifier
Document
Identifier
Effective Date
Review Date
Any notice given by one party to the other is deemed to have been received by the
addressee:
17.3.1 on the date on which the it was delivered to the addressee's address if delivered by
hand; or
17.3.2 on the seventh (7th) business day after the date of posting if sent by pre-paid
registered post to the addressee's address; or
17.3.3 when received in legible form, if sent to the addressee's then telefax number.
18.
Severability
In the event of any one or more of the provisions of this Agreement being held for
any reason to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement,
and this Agreement shall be construed as if such invalid, illegal or unenforceable
provisions was not a part of this Agreement, and this Agreement shall be carried out
as nearly as possible in accordance with its original terms and intent.
19.
Assignment
19.1
Neither Party may assign or otherwise transfer any of its rights or obligations under
this Agreement to any third party without the prior written consent of the other Party.
19.2
Notwithstanding the above, Eskom may on written notice to the other Party hereto,
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
Confidential
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the user to ensure it is in line with the authorised version on the system.
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N/A
Rev
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separate legal entities as a result of the restructuring of the Electricity Supply Industry
and
20.
the
Electricity
Distribution
Industry.
Publicity
Neither party will make or issue any formal or informal announcement or statement to
the press or any third party in connection with this Agreement without the prior written
consent of the other Party.
21.
Interpretation
21.1
For the purposes of this Agreement the following rules of construction shall apply,
unless the context requires otherwise:
21.1.1
the singular shall include the plural and vice versa;
21.1.2
a reference to any one gender, whether masculine, feminine or neuter, includes the
other two;
21.1.3
any reference to a person includes, without being Ltd to, any individual, body
corporate, unincorporated association or other entity recognised under any law as
having a separate legal existence or personality;
21.1.4
any word or expression defined in, and for the purposes of, this agreement shall if
expressed in the singular include the plural and vice versa, and a cognate word or
expression shall have a corresponding meaning;
Confidential
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the user to ensure it is in line with the authorised version on the system.
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240-63152171
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21.1.5
Template
Identifier
Document
Identifier
Effective Date
Review Date
references in this agreement to “clauses”, “sub-clauses” and are to clauses and
sub-clauses of this agreement; and
21.1.6
any reference in this agreement to this agreement or any other agreement,
document or instrument shall be construed as a reference to this agreement or that
other agreement, document or instrument as amended, varied, novated or
substituted from time to time.
21.2
All the headings and sub-headings in this agreement are for convenience only and
are not to be taken into account for the purposes of interpreting it.
SIGNED by the Parties and witnessed on the following dates and at the following places
respectively:
Confidential
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Rev
4
N/A
Rev
N/A
01 January 2017
February 2023
Tower Top Replacement of AcaciaKoeberg No1 400kV Tower 44.
Project Title
SIGNED at
on
AS WITNESS:
For: ESKOM HOLDINGS SOC LTD
[No lower than an E-Band Manager to sign]
(Name of witness in print)
Duly authorised
SIGNED at
on
AS WITNESS:
For:
(Name of witness in print)
[NAME OF OTHER PARTY]
Duly authorised
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with
the user to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC
Ltd, Reg No 2002/015527/30.
Page 15 of 15
File name: Non-Disclosure Agreement (NDA) Vendors
Tower 44.docx
For
Tower Top Replacement of Acacia-Koeberg No1 400kV
Supplier Declaration of
Interest
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-59385360
Rev
3
N/A
Rev
N/A
01 February 2015
February 2023
I, the undersigned [insert full name of signatory]…………………………...……………………………………,
in my capacity as [insert capacity, i.e., member, director, partner, etc.]
………………………………………………………………………….…………........................... of the supplier
[insert registered full legal name of the supplying entity AND their company registration number]
………………..…............................................................................................, certify under oath that, to the
best of my knowledge, the information furnished herein is true and correct. I accept that Eskom reserves
its right to act against the supplier named above or me personally in terms hereof, should this declaration
prove to be false.
Eskom employees and directors that engage in private work for or on behalf of the Supplier are not
permitted to financially benefit from the procurement associated with this enquiry
In order to manage situations where conflicts of interests may exist, involving Eskom employees and/or
directors engaging in private work with the Supplier (named above) associated with this enquiry you are
hereby required to declare their positions to Eskom and take an oath declaring their interests.
For the purposes of this Declaration:
1. Private Work includes private interests, and means any employment or commercial activity, or any
other interests embarked on by an employee outside the scope of his/her Eskom employment.
2. A commercial activity means any activity an employee engages in outside Eskom for the purpose of
generating income, whether or not the activity actually produces income and/or is profitable.
3. Close Family means persons related to the employee or director by birth, marriage, domestic
partnership, adoption, guardianship or the like, who may influence, or be seen to influence the objectivity
of the employee or director OR related persons who may be influenced by the employee or director in
their dealings with Eskom;
4. Associate means any person (i.e. a friend, rival, business partner, neighbour or the like) who has a
relationship with an employee or director who may influence, or be seen to influence the objectivity of
the employee or director OR who may be influenced by the employee or director in their dealings with
Eskom;
5. Participation in the Procurement Process means conceptualisation, proposal, specification,
feasibility studies, sourcing, evaluation, benchmarking, negotiation, approval and awarding or
withdrawal of offers / tenders in relation to orders / contracts for performing any work, providing
any services, or supplying any material, article or equipment or performing any other act; and
6. Business Courtesy means a gift or favour received from a person or a firm for which fair market value
is not paid, and includes non-monetary gifts, meals, drinks, entertainment, hospitality, recreation,
transportation, attendance prizes, discounts, tickets, passes, promotional items, materials, equipment
and the like.
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user
to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg
No 2002/015527/30.
Page 1 of 3
File name: Supplier Declaration of Interest for Tower Top Replacement of Acacia-Koeberg No1 400kV Tower 44.docxComplete supply
and installation of galvanised diamond mesh fencing including poles at Proteus Substation
Supplier Declaration of
Interest
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-59385360
Rev
3
N/A
Rev
N/A
01 February 2015
February 2023
In order to give effect to the above, the following questionnaire must be completed and submitted as a
returnable with your enquiry / tender/ attendance at a negotiation.
* Delete whichever is not applicable.
Are you or any other person who holds an interest in the Supplier named above (i.e. a shareholder, a
director, or a member or partner, a line manager, or a fellow employee), employed by Eskom or serves as a
director at Eskom?
*YES/NO
If so, state particulars
…………………………………………………………………………………..…………………………………………
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………
Are you, or any other person who holds an interest in the Supplier named above, a close family member
to or an associate of an Eskom employee and/or director, who may be participating in the procurement
process associated with this enquiry / tender / negotiation?
*YES/NO
If so, state particulars
…………………………………………………………………………………..…………………………………………
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………
Are you aware of any relationship which amounts to that of close family (i.e. related by birth, marriage,
domestic partnership, adoption, guardianship or the like) or that of an associate (i.e. a friend, rival,
business partner, neighbour, etc.) between person/s acting for or on behalf of the Supplier and an Eskom
employee and/or director, who may be participating in the procurement process associated with this
enquiry / tender / negotiation?
*YES/NO
If so, state particulars
…………………………………………………………………………………..…………………………………………
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………
Have you, or any other person who holds an interest in the Supplier named above, given a business
courtesy to or received a business courtesy from an Eskom employee and/or director over the last 12
(twelve) months?
*YES/NO
If so, state particulars
…………………………………………………………………………………..…………………………………………
……………………………………………………………………………………………………………………………
………………………………………………………………………………………………………
If providing services as a consultant to Eskom, please state the particulars of any other services that the
Supplier named above is currently rendering to any other Eskom business units, Eskom Divisions, Eskom
subsidiaries, Eskom suppliers of primary energy (coal, water, fuel and associated logistics), Eskom
suppliers of strategic commodities (specifically primary plant, IT hardware, IT software, construction
services, consulting services and professional services), and key industrial customers. For purposes of this
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user
to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg
No 2002/015527/30.
Page 2 of 3
File name: Supplier Declaration of Interest for Tower Top Replacement of Acacia-Koeberg No1 400kV Tower 44.docxComplete supply
and installation of galvanised diamond mesh fencing including poles at Proteus Substation
Supplier Declaration of
Interest
Template
Identifier
Document
Identifier
Effective Date
Review Date
240-59385360
Rev
3
N/A
Rev
N/A
01 February 2015
February 2023
declaration a consultant is deemed to be a supplier that is providing Eskom with advice / contracted
deliverables linked to specific technical and /or strategic issues that are core to Eskom’s approved
strategic direction, and /or where the services of a registered professional are required (e.g. attorneys,
auditors, engineers, etc.).
Declaration of other work
Name of Client
Nature
Services
Name
[insert your full name/s]
of Date/s
contract
of Contact person/s and contact details
Designation
[Insert your full designation]
Telephone number
Signature
Date
Fax and/or email address
Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user
to ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg
No 2002/015527/30.
Page 3 of 3
File name: Supplier Declaration of Interest for Tower Top Replacement of Acacia-Koeberg No1 400kV Tower 44.docxComplete supply
and installation of galvanised diamond mesh fencing including poles at Proteus Substation
Evaluation Pack
for
Service Providers
to
Eskom Group of Companies
(“Eskom Group”)
Copyright © Eskom Holdings SOC Ltd
Registration Number 2002/015527/00
This Pack applies from 1 March 2020 to 28 February 2021 and is subject to
changes in tax legislation.
CONTENTS
Page
INTRODUCTION ................................................................................................................................... 4
DISCLAIMER ........................................................................................................................................ 4
CONTRACTOR TYPE ........................................................................................................................... 5
EVALUATION PACK A......................................................................................................................... 6
CONTRACTOR’S DETAILS FOR A COMPANY OR CLOSE CORPORATION OR TRUST .......... 6
1. RESIDENCE................................................................................................................................ 7
Question 1(i) ................................................................................................................................ 7
2. NUMBER OF EMPLOYEES EXCLUSION .................................................................................. 7
Question 2(i) ................................................................................................................................ 7
Question 2(ii) ............................................................................................................................... 7
Question 2(iii) .............................................................................................................................. 7
3. SERVICES RENDERED BY A CONNECTED PERSON............................................................ 8
Question 3(i) ................................................................................................................................ 8
4. MORE THAN 80% OF INCOME TEST ....................................................................................... 8
Question 4(i) ................................................................................................................................ 8
5. PLACE, CONTROL AND SUPERVISION TEST ........................................................................ 8
Question 5(i) ................................................................................................................................ 8
6. DOMINANT IMPRESSION TEST ............................................................................................... 9
Question 6(i) ................................................................................................................................ 9
Question 6(ii) ............................................................................................................................... 9
Question 6(iii) .............................................................................................................................. 9
Question 6(iv) .............................................................................................................................. 9
Question 6(v) ............................................................................................................................... 9
Question 6(vi) .............................................................................................................................. 9
Question 6(vii) ............................................................................................................................. 9
Question 6(viii)............................................................................................................................. 9
Question 6(ix) .............................................................................................................................. 9
Question 6(x) ............................................................................................................................... 9
Question 6(xi) .............................................................................................................................. 9
PARTICULARS OF PERSON ACTING AS REPRESENTATIVE OF THE
COMPANY/CLOSE CORPORATION/TRUST ..................................................................... 11
EVALUATION PACK B....................................................................................................................... 12
CONTRACTOR’S DETAILS FOR AN INDIVIDUAL* ..................................................................... 12
1. SERVICE OR PEOPLE TEST................................................................................................... 13
Question 1(i) .............................................................................................................................. 13
2. PEOPLE TEST .......................................................................................................................... 13
Question 2(i) .............................................................................................................................. 13
Question 2(ii) ............................................................................................................................. 13
3. RESIDENCE TEST ................................................................................................................... 13
Question 3(i) .............................................................................................................................. 13
4. NUMBER OF EMPLOYEES EXCLUSION ................................................................................ 14
Question 4(i) .............................................................................................................................. 14
Question 4(ii) ............................................................................................................................. 14
Question 4(iii) ............................................................................................................................ 14
5. PLACE AND CONTROL TEST ................................................................................................. 14
Question 5(i) .............................................................................................................................. 14
Question 5(ii) ............................................................................................................................. 14
6. DOMINANT IMPRESSION TEST ............................................................................................. 15
Question 6(i) .............................................................................................................................. 15
Question 6(ii) ............................................................................................................................. 15
Question 6(iii) ............................................................................................................................ 15
Question 6(iv) ............................................................................................................................ 15
Question 6(v) ............................................................................................................................. 15
Question 6(vi) ............................................................................................................................ 15
Question 6(vii) ........................................................................................................................... 15
Question 6(viii)........................................................................................................................... 15
Question 6(ix) ............................................................................................................................ 15
Question 6(x) ............................................................................................................................. 15
Question 6(xi) ............................................................................................................................ 15
PARTICULARS OF INDIVIDUAL .............................................................................................. 17
2
Applicable to the 2020/2021 Tax Years
APPENDIX 1 ....................................................................................................................................... 18
AFFIDAVIT CONFIRMING THAT THE INDIVIDUAL/COMPANY/CC/TRUST EMPLOYS
THREE OR MORE FULL - TIME EMPLOYEES WHO ARE NOT CONNECTED PERSONS . 18
APPENDIX 2 ....................................................................................................................................... 19
AFFIDAVIT CONFIRMING NO CONNECTED PERSON/S IN RELATION TO THE
INDIVIDUAL/COMPANY/CC/TRUST WILL PERSONALLY RENDER ANY SERVICE TO
ESKOM ...................................................................................................................................... 19
APPENDIX 3 ....................................................................................................................................... 20
AFFIDAVIT CONFIRMING SERVICES WILL NOT BE PERFORMED MAINLY AT ESKOM
AND/OR SHALL NOT BE CONTROLLED OR SUPERVISED BY ESKOM ............................. 20
APPENDIX 4 ....................................................................................................................................... 21
AFFIDAVIT CONFIRMING THAT NOT MORE THAN EIGHTY PERCENT (80 %) OF INCOME
IS OR IS LIKELY TO BE RECEIVED FROM ANY ONE CLIENT ............................................. 21
APPENDIX 5 ....................................................................................................................................... 22
AFFIDAVIT CONFIRMING THAT AN INDIVIDUAL PROVIDES ESKOM WITH A SERVICE AS
OPPOSED TO PEOPLE ........................................................................................................... 22
APPENDIX 6 ....................................................................................................................................... 23
DECLARATION BY ........................................................................................................................ 23
THAT THE CONTRACTOR IS A LABOUR BROKER ................................................................... 23
APPENDIX 7 ....................................................................................................................................... 24
DECLARATION BY ........................................................................................................................ 24
THAT THE CONTRACTOR IS DEPENDENT CONTRACTOR OR PERSONAL SERVICE
PROVIDER ................................................................................................................................ 24
APPENDIX 8 ....................................................................................................................................... 25
DECLARATION BY ........................................................................................................................ 25
THAT THE CONTRACTOR IS AN INDEPENDENT SUPPLIER OR CONTRACTOR .................. 25
APPENDIX 9 ....................................................................................................................................... 26
DECLARATION BY ........................................................................................................................ 26
THAT THE CONTRACTOR IS A NON-RESIDENT OF THE REPUBLIC OF SOUTH AFRICA .... 26
APPENDIX 10 ..................................................................................................................................... 27
DEFINITIONS AS PER THE INCOME TAX ACT, NO. 58 OF 1962, AS AMENDED. ................... 27
“Connected Person” .................................................................................................................. 27
"Associated Institution", in relation to any single employer, ...................................................... 28
"Labour Broker" ......................................................................................................................... 28
"Personal Service Provider” ...................................................................................................... 28
"Remuneration" ......................................................................................................................... 28
“Resident” .................................................................................................................................. 29
3
Applicable to the 2020/2021 Tax Years
INTRODUCTION
The Fourth Schedule to the Income Tax Act 58 of 1962 (“the Act”) requires that Employees' Tax must be
withheld from "remuneration" paid by an "Employer" to an "Employee". This tool is intended to establish
whether an Individual, Close Corporation, Company or Trust should be classified as an Independent
Contractor, Personal Service Provider, Labour Broker or a Dependent Contractor, and the tax
consequences of such classification.
This Pack is applicable ONLY to Contractors who supply Eskom Holdings SOC Ltd (“Eskom”) and its
subsidiaries with services or Individual Contractors providing Eskom with labour.
The Contractor or its duly authorised representative must declare that all questions have been answered
truthfully.
Answering the questions will direct you to your next step.
PLEASE NOTE:
This Pack is based on tax legislation for the 2020/2021 tax year and is subject to change.
In the questions, any references to "you" refers to the Contractor.
In the questions, the term Contractor is used interchangeably with Individual/CC/Company/Trust.
Definitions as per the Income Tax Act are included in Appendix 10.
Any reference to “Eskom” refers to Eskom Holdings SOC Ltd and its subsidiaries:

Eskom Rotek Industries SOC Ltd

Eskom Enterprises SOC (Pty) Ltd

Escap SOC (Pty) Ltd

Eskom Finance Company SOC (Pty) Ltd

Eskom Foundation NPC
The Pack is based on legislation and case law applicable to the 2020/2021 tax year. We therefore
recommend that, if it is used outside of this period, you should first consult with your representative in
Eskom to refer it to Eskom’s Corporate Tax Department in Megawatt Park.
When you return the completed Pack; i.e. the signed summary sheet and signed affidavits to Eskom,
please copy Group Tax on Email address: [email protected]
The Contractor or its duly Authorised Representative acknowledges and accepts that:



Definitions as per the Income Tax Act, No 58 of 1962, as amended, are listed in Appendix 10 for
ease of reading.
It is responsible for accuracy and completeness of all information, which is provided in completing
this Pack;
The Pack will not be automatically updated with any changes in legislation.
DISCLAIMER
Eskom accepts no liability whatsoever for any loss or damages whatsoever and howsoever incurred, or
suffered, resulting, or arising, from the use of this Pack.
4
Applicable to the 2020/2021 Tax Years
CONTRACTOR TYPE
SUPPLIER CATEGORY
Please complete the following questionnaire for:
Company/Close Corporation/Trusts - EVALUATION PACK A on page 6.
Individuals - EVALUATION PACK B on page 12.
5
Applicable to the 2020/2021 Tax Years
EVALUATION PACK A
(To determine whether a Company, Close Corporation (CC) or Trust is a Personal
Service Provider)
Fields marked with an Asterisk (*) must be completed
CONTRACTOR’S DETAILS FOR A COMPANY OR CLOSE CORPORATION OR
TRUST
Contractor’s Name*
Vendor No.
Duly Authorised Representative Name
Representative Surname
Capacity
Representative ID No.*
Representative Passport No. (if no RSA ID)
Country of Passport Issue
VAT Registration No.
Income Tax Registration No.*
CO/CC/Trust Registration No.*
E-Mail Address
Telephone Number*
Fax Number
Contractor’s Physical Business Address*
Unit No
Complex Name
Street Number
Street Name
Suburb
City/Town
Postal Code
Contractor’s Postal Business Address*
Same as above (Mark with an X)
Address TYPE (Delete where not applicable)
P O Box/Private Bag/Street Address
P O Box/Private Bag/Street NUMBER
Street Name
Suburb
Town
Postal Code
Contractor’s Bank Details*
Account Number
Bank Name
Branch Name
Branch Number
Name of Account Holder
Account Type (Delete where not applicable)
Current/ Savings/ Transmission/Credit Card/Bond
Account
i.e. own, joint or 3rd party
Account Holder Relationship*
Own/Joint/3rd Party
6
Applicable to the 2020/2021 Tax Years
Please answer the following questions by marking the appropriate column with an
"X".
The term “You” will refer to the Company/CC/Trust in this Questionnaire.
1. RESIDENCE
Yes
No
Yes
No
Question 1(i)
Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?
(Refer to Appendix 10 for the definition of a resident).
If the answer is Yes, go to Question 2(i).
If the answer is No:


Sign Appendix 9. Submit The Pack to your contractor representative in
Eskom to refer it to Eskom Group Tax Department in Megawatt Park.
No further questions must be answered.
2. NUMBER OF EMPLOYEES EXCLUSION
Question 2(i)
Do you employ 3 (three) or more persons (excluding shareholders or members or
beneficiaries of the Company/CC/Trust)?
If the answer is Yes, go to Question 2(ii).
If the answer is No, go to Question 3(i).
Question 2(ii)
Are these employees employed:
 On a full time basis; and
 Are they engaged in the business of the Company/CC/Trust?
If the answer is Yes, go to Question 2(iii).
If the answer is No, go to Question 3(i).
Question 2(iii)
Are the above 3 employees connected to the shareholders or the members or the
beneficiaries of the Company/CC/Trust?
If the answer is Yes, go to Question 3(i).
If the answer is No:
 Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld
from your payments.
 No further questions must be answered.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the Evaluation Pack.
7
Applicable to the 2020/2021 Tax Years
3. SERVICES RENDERED BY A CONNECTED PERSON
Yes
No
Yes
No
Yes
No
Question 3(i)
Will/are any person who is a Connected person in relation to the Company/CC/Trust
render services personally to Eskom on behalf of the Company/CC/Trust? (Refer to
Appendix 10 for the definition of a Connected person).
If the answer is Yes, go to Question 4(i).
If the answer is No:
 Sign Appendix 2. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld
from your payments.
 No further questions must be answered.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
4. MORE THAN 80% OF INCOME TEST
Question 4(i)
During the current year of assessment:
 Will more than 80% of your income; or
 Is it likely that more than 80% of your income will consist of amounts
received either directly or indirectly, from:
 any one client, or
 an Associated institution in relation to that client? (Refer to Annexure 9 for
the definition of an Associated institution)
If the answer is Yes:
 Sign Appendix 7. PAYE will be withheld from your payments.
 Go to Question 6(i) to determine the correct disclosure code on the IRP5.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
If the answer is No:
 Sign Appendix 4. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Go to Question 5(i).
5. PLACE, CONTROL AND SUPERVISION TEST
Question 5(i)
Must your duties be performed /are your duties performed mainly (more than 50%) at
the premises of Eskom,
And
Will you be subject /are you subject to Eskom’s control or supervision as to the
manner in which your duties are to be performed?
If the answer is Yes to BOTH questions:
 Sign Appendix 7. PAYE will be withheld from your payments.
 Go to Question 6(i) to determine the correct disclosure code on the IRP5.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
If the answer is No:
 Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Go to Question 6(i).
8
Applicable to the 2020/2021 Tax Years
6. DOMINANT IMPRESSION TEST
Question 6(i)
Do/will the payments by Eskom for services payable with reference to output or
certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due if
and when a specific deliverable has been completed?
Question 6(ii)
Does/Will Eskom have the contractual right to control the tools or equipment, staff,
raw materials, routines, patents or technology used in the provision of the services?
Question 6(iii)
Are you/will you prohibited from rendering services to any other employers/clients
during the period of service to Eskom?
Question 6(iv)
Do/will you have the right to sub-contract work?
Question 6(v)
Are you personally or will you personally be at risk for the quality of the work done or
to be done (risk for poor quality; time over-runs, project not producing income)?
Question 6(vi)
Are/will you or the person rendering the service be obliged to be present and perform
the work at Eskom regardless of whether work is available or not?
Question 6(vii)
Is Eskom’s business or will Eskom’s business be critical to your financial/economic
survival?
Question 6(viii)
Does/will your position form part of Eskom’s organisational structure?
Question 6(ix)
Does/will Eskom provide you with any of the following:
 Pension fund / Provident fund / Retirement Annuity Fund;
 Medical Aid;
 Leave of any nature;
 Salary increases;
 Bonuses;
 Any allowances.
Question 6(x)
Does/will Eskom provide you with an office?
Question 6(xi)
Does/will Eskom provide you with any equipment, tools, stationery and material?
Please go to the next section to establish your tax status.
9
Applicable to the 2020/2021 Tax Years
Yes
No
To establish your tax status, you need to summarise the “Yes” and “No” as
answered on Question 6(i) to 6(xi) in the column below:
Question
6(i)
6(ii)
6(iii)
6(iv)
6(v)
6(vi)
6(vii)
6(viii)
6(ix)
6(x)
6(xi)
Yes
Independent
PSP
PSP
Independent
Independent
PSP
PSP
PSP
PSP
PSP
PSP
No
PSP
Independent
Independent
PSP
PSP
Independent
Independent
Independent
Independent
Independent
Independent
Decision
Independent
PSP
If you have answered “PSP” to any of the following questions 6 (i), 6(iii), 6(v), 6(vi),
6(ix);
or
If you have answered more than 50% “PSP” to questions 6(ii), 6(iv), 6(vii), 6(viii),
6(x), 6(xi):
 Complete and sign Appendix 7. PAYE will be withheld from your payments
and will be coded as 3601 on your IRP5 certificate.
 No further questions must be answered.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
Alternatively:
If you have already signed Appendix 7 on Questions 4 or 5:
 Code 3616 must be marked on Appendix 7 as the applicable code to be
disclosed on the IRP5 for payments received.
If you have not signed Appendix 7 on Questions 4 or 5:
 Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld
from your payments.
 No further questions must be answered.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
10
Applicable to the 2020/2021 Tax Years
Summary for
ID No.
Company/Close Corporation/Trust Summary
Vendor No:
Questions
Answer
Please sign
he
following
Appendix
(Appendices
)
1(i)
Are you a Resident of the Republic of South Africa in terms of the Income
Tax Act?
2(i)
Do you employ 3 (three) or more persons (excluding shareholders or
members or beneficiaries of the Company/CC/Trust and connected
persons in relation to the shareholder or member or beneficiaries)?
2(i )
Are these employees employed on a full time basis and are they engaged
in the business of the Company/CC/Trust?
2(iii)
Are the above 3 employees connected to the shareholders or the members
or beneficiaries of the Company/CC/Trust?
3(i)
Will/are any person who is a Connected person in relation to the
Company/CC/Trust render services personally to Eskom on behalf of the
Compa y/CC Trust?
4(i)
During the current year of assessment will more than 80% of your income
or is it likely that more than 80% of your income will consist of amounts
received either directly or indirectly from any one client, or an Associated
institution in relation to that client?
5(i)
Must your duties be performed / are your duties performed mainly (more
than 50%) at the premises of Eskom AND will you be /are you subject to
Eskom’s control or supervision as to the manner in which your duties are
performed or to the hours of work?
6( )
Do/will the payments by Eskom for services payable with reference to
output or certain agreed results, e.g. payment (be a fixed fee or an hourly
rate) be only due if and when a specific deliverable has been completed?
6(ii)
Does/Will Eskom have the contractual right to control the tools or
equipment, staff, raw materials, routines, patents or technology used in the
provision of the services?
6(iii)
Are you/will you prohibited from rendering services to any other
employers/clients during the period of service to Eskom?
6(iv)
Do/will you have the right to sub-contract work?
6(v)
Are you personally or will you personally be at risk for the quality of the
work done or to be done (risk for poor quality; time over-runs, project not
producing income)?
6(vi)
Are/will you or the person rendering the service be obliged to be present
and perform the work at Eskom regardless of whether work is available or
not?
6(vii)
Is Eskom’s business or will Eskom’s business be critical to your
financial/economic survival?
6(viii)
Does/will your position form part of Eskom’s organisational structure?
6(ix)
Does/will Eskom provide you with any of the following:
Pension fund / Provident fund / Retirement Annuity Fund; medical aid,
leave of any nature, salary increases, bonuses or any allowances.
6(x)
Does/will Eskom provide you with an office?
6(xi)
Does/will Eskom provide you with any equipment, tools, stationery and
material?
Tax Status
PARTICULARS OF PERSON ACTING AS REPRESENTATIVE OF THE COMPANY/CLOSE
CORPORATION/TRUST
I, the undersigned, confirm that the information provided above is accurate, and that the Company/CC/Trust will,
while contracted to Eskom, inform Eskom of any changes that take place pertaining to the information provided
above. Eskom shall be entitled to withhold from any payments to be made to the Company/CC/Trust, any taxes,
interest and penalties that it may be required to pay to SARS as a result of the above information being inaccurate.
Representative's Full Names
Capacity
Contact No.
Signature
Date
11
Applicable to the 2020/2021 Tax Years
EVALUATION PACK B
(To determine whether an Individual is a Dependent Contractor)
Fields marked with an Asterisk (*) must be completed
CONTRACTOR’S DETAILS FOR AN INDIVIDUAL*
Trading Name*
Vendor No.
First Names*
Initials*
Surname*
ID Number*
Passport No. (if no RSA ID)
Country of Passport Issue
VAT Registration No.
Income Tax Registration No.*
Date of Birth*
E-Mail Address
Telephone Number*
Fax Number
Contractor’s Physical Business Address*
Unit No
Complex Name
Street Number
Street Name
Suburb
City/Town
Postal Code
Contractor’s Postal Business Address*
Same as above (Mark with an X)
Address TYPE (Delete where not applicable)
P O Box/Private Bag/Street Address
P O Box/Private Bag/Street NUMBER
Street Name
Suburb
Town
Postal Code
Contractor’s Bank Details*
Account Number
Bank Name
Branch Name
Branch Number
Name of Account Holder
Account Type (Delete where not applicable)
Current/ Savings/ Transmission/Credit Card/Bond
Account
Account Holder Relationship*
i.e. own, joint or 3rd party
Own/Joint/3rd Party
12
Applicable to the 2020/2021 Tax Years
Please answer the following questions by marking the appropriate column with an
"X".
1. SERVICE OR PEOPLE TEST
SERVICE
PEOPLE
Yes
No
Yes
No
Question 1(i)
Do/will you provide Eskom with a service or people?
If the answer is “Service”:
 Complete and sign Appendix 5 Affidavit. If the Affidavit is not signed,
PAYE will be withheld from your payments.
 Go to Question 3(i).
If the answer is “People”, go to Question 2(i).
2. PEOPLE TEST
Question 2(i)
Do you provide Eskom with People and will these people be paid by you?
If the answer is Yes, go to Question 2(ii).
If the answer is No, go to Question 3(i).
Question 2(ii)
Are you in possession of an IRP30 exemption certificate which is valid for the period
under review?
If the answer is Yes:
 Sign Appendix 6. If the Agreement is not signed, PAYE will be withheld
from your payments.
 Provide Eskom with the valid IRP30 certificate. If this certificate is not
provided, PAYE will be withheld from your payments until such time
the IRP30 certificate is provided.
 No further questions must be answered.
 Sign the “Particulars of Individual” Section at the end of the Evaluation
Pack.
If the answer is No:
 Sign Appendix 6. PAYE will be withheld from your payments.
 PAYE will be withheld from your payments until such time the valid
IRP30 certificate is provided.
 No further questions must be answered.
 Sign the “Particulars of Individual” Section at the end of the Evaluation
Pack.
3. RESIDENCE TEST
Question 3(i)
Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?
(Refer to Appendix 10 for the definition of a Resident).
If the answer is Yes, go to Question 4(i).
If the answer is No:
 Sign Appendix 9. Submit this document to your representative in
Eskom to refer it to Eskom Group Tax Department in Megawatt.
 No further questions must be answered.
13
Applicable to the 2020/2021 Tax Years
4. NUMBER OF EMPLOYEES EXCLUSION
Yes
No
Yes
No
Question 4(i)
Do you employ:
 3 (three) or more persons, throughout the year?
If the answer is Yes, go to Question 4(ii).
If the answer is No, go to Question 5(i).
Question 4(ii)
Are these employees employed:
 On a full time basis in your business; and
 Are they engaged in the business of the Individual?
If the answer is Yes, go to Question 4(iii).
If the answer is No, go to Question 5(i).
Question 4(iii)
Are any of these employees Connected persons in respect of the Individual, e.g.
spouse, parent, adoptive parent, child, grandparent, cousin, etc.? (Refer to
Appendix 10 for the definition of Connected person).
If the answer is Yes, go to Question 5(i).
If the answer is No:
 Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Sign Appendix 8. If the Declaration is not signed, PAYE will be
withheld from your payments.
 No further questions must be answered.
 Sign the “Particulars of Individual” Section at the end of the Evaluation
Pack.
5. PLACE AND CONTROL TEST
Question 5(i)
Must your duties be performed mainly (i.e. more than 50%) at premises of Eskom?
If the answer is Yes, go to Question 5(ii).
If the answer is No, go to Question 5(ii).
Question 5(ii)
Will you be /are you subject to Eskom’s control or supervision as to the manner in
which your duties are to be performed or as to the hours of work?
If the answers in both Questions 5(1) and 5(ii) are Yes:
 Sign Appendix 7. PAYE will be withheld from your payments.
 Go to Question 6(i) to determine the correct disclosure code on the IRP5.
 Sign the “Particulars of Individual” at the end of the Evaluation Pack.
If the answer is No:
 Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld
from your payments.
 Go to Question 6(i).
14
Applicable to the 2020/2021 Tax Years
6. DOMINANT IMPRESSION TEST
Question 6(i)
Do/will the payments by Eskom for services payable with reference to output or
certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due
if and when a specific deliverable has been completed?
Question 6(ii)
Does/Will Eskom have the contractual right to control the tools or equipment, staff,
raw materials, routines, patents or technology used in the provision of the services?
Question 6(iii)
Are you/will you prohibited from rendering services to any other employers/clients
during the period of service to Eskom?
Question 6(iv)
Do/will you have the right to sub-contract work?
Question 6(v)
Are you personally / will you personally be at risk for the quality of the work done or
to be done (risk for poor quality; time over-runs, project not producing income)?
Question 6(vi)
Are/will you or the person rendering the service be obliged to be present and
perform the work at Eskom regardless of whether work is available or not?
Question 6(vii)
Is Eskom’s business or will Eskom’s business be critical to your financial/economic
survival?
Question 6(viii)
Does/will your position form part of Eskom’s organisational structure?
Question 6(ix)
Does/will Eskom provide you with any of the following:
 Pension fund / Provident fund / Retirement Annuity Fund;
 Medical Aid;
 Leave of any nature;
 Salary increases;
 Bonuses;
 Any allowances.
Question 6(x)
Does/will Eskom provide you with an office?
Question 6(xi)
Does/will Eskom provide you with any equipment, tools, stationery and material?
Please go to the next section to establish your tax status.
15
Applicable to the 2020/2021 Tax Years
Yes
No
To establish your tax status, you need to summarise the “Yes” and “No” as
answered on Question 6(i) to 6(xi) in the column below:
Question
6(i)
6(ii)
6(iii)
6(iv)
6(v)
6(vi)
6(vii)
6(viii)
6(ix)
6(x)
6(xi)
Yes
Independent
Employee
Employee
Independent
Independent
Employee
Employee
Employee
Employee
Employee
Employee
No
Employee
Independent
Independent
Employee
Employee
Independent
Independent
Independent
Independent
Independent
Independent
Decision
Independent
PSP
If you have answered “Employee” to any of the following questions 6 (i), 6(iii), 6(v),
6(vi), 6(ix);
or
If you have answered more than 50% “Employee” to questions 6(ii), 6(iv), 6(vii),
6(viii), 6(x), 6(xi):
 Complete and sign Appendix 7. PAYE will be withheld from your payments.
 No further questions must be answered.
 Sign “Particulars of Individual” at the end of the evaluation Pack.
Alternatively:
If you have already signed Appendix 7 on Questions 5:
 Code 3616 must be marked on Appendix 7 as the applicable code to be
disclosed on the IRP5 for payments received.
If you have not signed Appendix 7 on Questions 5:
 Sign Appendix 8. If the Declaration is not signed, PAYE will be
withheld from your payments.
 No further questions must be answered.
 Sign “Particulars of person acting as representative of the Company/Close
Corporation/Trust” at the end of the evaluation Pack.
16
Applicable to the 2020/2021 Tax Years
Summary for
ID No.
Company/Close Corporation/Trust Summary
Vendor No:
Questions
Answer
Please si n
the following
Appendix
Appendice
s)
1(i)
2(i)
2 ii)
Do/will you provide Eskom with a service or people?
Do you provide Eskom with people and will these people be paid by you?
Are you in a possession of an IRP30 exemption certificate which is valid for
the period under review?
3(i)
Are you a Resident of the Republic of South Africa in terms of the Income
Tax Act?
4(i)
Do you employ 3 (three) or more persons throughout the year?
4(ii)
Are these employees employed on a full time basis and are they engaged
in the business of the Individual?
4(iii)
Are any of these employees Connected in respect of the individuals, e.g.
spouse, parent, adoptive parent, child, grandparent, cousin, etc.?
5(i)
Must your duties be performed / are your duties performed mainly (more
than 50%) at the premises of Eskom?
5(ii)
Will you be /are you subject to Eskom’s control or supervision as to the
manner in which your duties are performed or to the hours of work?
6(i)
Do/will the payments by Eskom for services payable with reference to
output or certain agreed results, e.g. payment (be a fixed fee or an hourly
rate) be only due if and when a specific deliverable has been completed?
6(ii)
Does/Will Eskom have the contractual right to control the tools or
equipment, staff, raw materials, routines, patents or technology used in the
provision of the services?
6(iii)
Are you/ ill you prohibited from rendering services to any other
employers/clients during the period of service to Eskom?
6(iv)
Do/will you have the right to sub-contract work?
6(v)
re you personally or will you personally be at risk for the quality of the
work done or to be done (risk for poor quality; time over-runs, project not
producing income)?
6(vi)
Are/will you or the person rendering t e service be obliged to be present
and perform the work at Eskom regardless of whether work is available or
not?
6(vii)
Is Eskom’s business or will Eskom’s business be critical to your
financial/economic survival?
6(viii)
Does/will your position form part of Eskom’s organisational structure?
6(ix)
Does/will Eskom provide you with any of the following:
Pension fund / Provident fund / Retirement Annuity Fund; medical aid,
leave of any nature, salary increases, bonuses or any allowances.
6(x)
Does/will Eskom provide you with an office?
6(xi)
Does/will Eskom provide you with any equipment, tools, stationery and
material?
Tax Status
PARTICULARS OF INDIVIDUAL
I, the undersigned, confirm that the information provided above is accurate, and that I will, while contracted to
Eskom, inform Eskom of any changes that take place pertaining to the information provided above. Eskom shall be
entitled to withhold from any payments to be made to me any taxes, interest and penalties that it may be required
to pay to SARS as a result of the above information being inaccurate.
Individual’s Full Names
Capacity
Contact No.
Signature
Date
17
Applicable to the 2020/2021 Tax Years
Appendix 1
AFFIDAVIT CONFIRMING THAT THE INDIVIDUAL/COMPANY/CC/TRUST
EMPLOYS THREE OR MORE FULL - TIME EMPLOYEES WHO ARE NOT
CONNECTED PERSONS
I, the undersigned,
ID-Number
do hereby make oath and state as follows:
1. The facts deposed to in this affidavit are within my personal knowledge and are both true and
correct.
2.
I am the duly authorised representative of
(“the Company / CC / Trust”).
3. I confirm that I/Company/CC/Trust employs three (3) or more full-time employees engaged in the
business of the Individual/Company/CC/Trust throughout the year of assessment, which excludes any
employee who is a Connected Person to the Individual/Shareholders/Members/Beneficiaries.
4. The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC Ltd or its subsidiaries
(hereinafter referred to as “Eskom”) forthwith in writing should the statement in 3 above no longer be the
case.
5. If the Individual/Company/CC/Trust fails to notify Eskom in respect of 3 above, the
Individual/Company/CC/Trust shall be liable in full for any taxes, penalties and interest that SARS may
impose on Eskom.
DEPONENT
I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:

KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,

THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,

AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.
THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.
________________________
COMMISSIONER OF OATHS
Appendix 2
AFFIDAVIT CONFIRMING NO CONNECTED PERSON/S IN RELATION TO THE
INDIVIDUAL/COMPANY/CC/TRUST WILL PERSONALLY RENDER ANY SERVICE
TO ESKOM
I, the undersigned,
ID-Number
do hereby make oath and state as follows:
1. The facts deposed to in this affidavit are within my personal knowledge and are both true and
correct.
2.
I am the duly authorised representative of
(“the Company / CC / Trust”).
3. I confirm that no Connected Person(s) as defined in the Income Tax Act No. 58 of 1962 in relation to
the Individual/Company/CC/Trust will personally render any service to Eskom Holdings SOC Ltd or its
subsidiaries (hereinafter referred to as “Eskom”).
4. The Individual/Company/CC/Trust undertakes to notify Eskom forthwith in writing should the
statement in 3 above no longer be the case.
If the Individual/Company/CC/Trust fails to notify Eskom in respect of 3 above, the
Individual/Company/CC/Trust shall be liable in full for any taxes, penalties and interest that SARS may
impose on Eskom.
_____________________
DEPONENT
I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:

KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,

THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,

AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.
THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.
________________________
COMMISSIONER OF OATHS
19
Applicable to the 2020/2021 Tax Years
Appendix 3
AFFIDAVIT CONFIRMING SERVICES WILL NOT BE PERFORMED MAINLY AT
ESKOM AND/OR SHALL NOT BE CONTROLLED OR SUPERVISED BY ESKOM
I, the undersigned,
ID-Number
do hereby make oath and state as follows:
1. The facts deposed to in this affidavit are within my personal knowledge and are both true and
correct.
2.
I am the duly authorised representative of
(“Company/CC/Trust”).
3. I/the Company/CC/Trust confirms that:
I/any person who will be rendering services to Eskom Holdings SOC Ltd or its subsidiaries
(hereinafter referred to as “Eskom”) on behalf of myself/the Company/CC/Trust will not be required to
perform the services mainly (i.e. more than 50 %) at Eskom’s premises during the year of assessment.
I/any person who will render the services to Eskom on behalf of myself/the Company/CC/Trust
will not be subject to the control or supervision of Eskom as to the manner in which the duties are to be
performed or as to the hours of work.
4. I/the Company/CC/Trust undertakes to notify Eskom forthwith in writing should, the statement in 3
above no longer be the case.
5. If I/the Company/CC/Trust fail/s to notify Eskom in respect of 3 above, I/the Company/CC/Trust shall
be liable in full for any taxes, penalties and interest that SARS may impose on Eskom.
_____________________
DEPONENT
I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:

KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,

THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,

AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.
THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.
_______________________
COMMISSIONER OF OATHS
20
Applicable to the 2020/2021 Tax Years
Appendix 4
AFFIDAVIT CONFIRMING THAT NOT MORE THAN EIGHTY PERCENT (80 %) OF
INCOME IS OR IS LIKELY TO BE RECEIVED FROM ANY ONE CLIENT
I, the undersigned,
ID-Number
do hereby make oath and state as follows:
1. The facts deposed to in this affidavit are within my personal knowledge and are both true and
correct.
2.
I am the duly authorised representative of
(“the Company/CC/Trust”).
3. I confirm that the Company/CC/Trust does not receive and is unlikely to receive more than eighty
percent (80 %) of its income, either directly or indirectly, from any one client or any associated institution
as defined in the Income Tax Act No. 58 of 1962 in relation to such client during the year of assessment.
4. The Company/CC/Trust undertakes to notify Eskom Holdings SOC Ltd or its subsidiaries (hereinafter
referred to as “Eskom”) forthwith in writing should the statement in 3 above no longer be the case.
5. If the Company/CC/Trust fails to notify Eskom in respect of 3 above, the Company/CC/Trust shall be
liable in full for any, taxes, penalties and interest that SARS may impose on Eskom.
_____________________
DEPONENT
I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:

KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,

THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,

AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.
THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.
________________________
COMMISSIONER OF OATHS
21
Applicable to the 2020/2021 Tax Years
Appendix 5
AFFIDAVIT CONFIRMING THAT AN INDIVIDUAL PROVIDES ESKOM WITH A
SERVICE AS OPPOSED TO PEOPLE
I, the undersigned,
ID-Number
do hereby make oath and state as follows:
1. The facts deposed to in this affidavit are within my personal knowledge and are both true and
correct.
2. I confirm that:
a) I provide Eskom Holdings SOC Ltd or / and its subsidiaries with a service; and
b) I do not carry on a business whereby I provide clients with other persons who render a service or
perform work for such clients.
3. I undertake to notify Eskom forthwith in writing should the statement in 2 above no longer be the
case.
4. If I fail to notify Eskom in respect of 2 above, I shall be liable in full for any taxes, penalties and
interest that SARS may impose on Eskom.
_____________________
DEPONENT
I CERTIFY THAT THE DEPONENT ACKNOWLEDGES THAT HE / SHE:

KNOWS AND UNDERSTANDS THE CONTENT OF THIS DECLARATION,

THAT HE / SHE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,

AND CONSIDERS IT TO BE BINDING ON HIS / HER CONSCIENCE.
THUS SIGNED AND SWORN TO BEFORE ME AT _________________ON THIS___ DAY
OF ____________20__.
________________________
COMMISSIONER OF OATHS
22
Applicable to the 2020/2021 Tax Years
Appendix 6
DECLARATION BY
(Contractor name)
THAT THE CONTRACTOR IS A LABOUR BROKER
Contractor’s Name:
Vendor No:
Income Tax Ref No:
Passport No:
VAT No:
Identification No:
Country of Passport Issue
E-Mail address:
Telephone Number:
Postal Address:
Physical Address:
Postal Code:
Postal Code:
Bank Details:
Type of Account:
Current/ Savings/ Transmission/Credit Card/Bond Account
Name of Account Holder:
Branch Name:
Account Number:
Branch Number:
Classification of Contractor:
I confirm the following:
1.
That I am classified as an Labour Broker.
2.
If I do provide Eskom with a valid IRP30 certificate:

No Employees' Tax will be withheld from payments made to me.

An IT3(a) certificate with the code 3617 will be issued to me and the reason code to be used for
the non-deduction is 07.
3.
If I do not provide Eskom with a valid IRP30 certificate:

Employees' Tax will be withheld from payments made at the tax rates applicable to individuals
until such time that a valid IRP30 certificate is provided to Eskom.

An IRP5 certificate with the code 3617 will be issued to me.
1. I declare the information in this Pack is true and correct.
2. I undertake to notify Eskom Holdings SOC Ltd or its subsidiaries forthwith in writing should my status
change.
_____________________________
_________________________
Contractor Signature
Date
23
Applicable to the 2020/2021 Tax Years
Appendix 7
DECLARATION BY
(Contractor name)
THAT THE CONTRACTOR IS DEPENDENT CONTRACTOR OR PERSONAL
SERVICE PROVIDER
Contractor’s Name:
Vendor No:
Income Tax Ref No:
Passport No:
VAT No:
Identification No:
Country of Passport Issue
E-Mail address:
Telephone Number:
Postal Address:
Physical Address:
Postal Code:
Postal Code:
Bank Details:
Type of Account:
Current/ Savings/ Transmission/Credit Card/Bond Account
Name of Account Holder:
Branch Name:
Account Number:
Branch Number:
Classification of Contractor:
I confirm the following:
That the Individual / Company / CC / Trust is classified as Dependent Contractor or a Personal Service
Provider and therefore Employees' Tax will be withheld from payments made to the Individual /
Company / CC / Trust at the prevailing tax rate prescribed by the Income Tax Act, No.58 of 1962, as
amended.
Payments made to the Individual / Company / CC / Trust will be coded as 3601 / 3616 (please refer to
Question 6 of your Pack for guidance to select the correct code) and the nature of the person will be coded as
'H'.
I declare that:
1.
The information in this Pack is true and correct.
2.
I am the duly authorised representative of
(“the Company / CC / Trust”).
3.
The Individual / Company / CC / Trust undertakes to notify Eskom Holdings SOC Ltd or its
subsidiaries (hereinafter referred to as “Eskom”) forthwith in writing should the status of the
Individual / Company / CC / Trust change.
_____________________________
_________________________
Duly Authorised Representative
Date
24
Applicable to the 2020/2021 Tax Years
Appendix 8
DECLARATION BY
(Contractor name)
THAT THE CONTRACTOR IS AN INDEPENDENT SUPPLIER OR CONTRACTOR
Contractor’s Name:
Vendor No:
Income Tax Ref No:
Passport No:
VAT No:
Identification No:
Country of Passport Issue
E-Mail address:
Telephone Number:
Postal Address:
Physical Address:
Postal Code:
Postal Code:
Bank Details:
Type of Account:
Current/ Savings/ Transmission/Credit Card/Bond Account
Name of Account Holder:
Branch Name:
Account Number:
Branch Number:
Classification of Contractor:
I confirm the following:
1.
That the Individual/Company/CC/Trust is not classified as a Personal Service Provider
/Dependent Contractor.
2.
No Employees' Tax will, therefore, be withheld from payments made to the
Individual/Company/CC/Trust.
3.
Eskom will not issue an IRP5/IT3(a) certificate for the payments made to the
Individual/Company/CC/Trust.
I declare that:
1.
The information in this Pack is true and correct.
2.
I am the duly authorised representative of
(“the Company / CC / Trust”).
3.
The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC Ltd or its subsidiaries
(hereinafter referred to as “Eskom”) forthwith in writing should the status of the
Individual/Company/CC/Trust change.
_____________________________
_________________________
Duly Authorised Representative
Date
25
Applicable to the 2020/2021 Tax Years
Appendix 9
DECLARATION BY
(Contractor name)
THAT THE CONTRACTOR IS A NON-RESIDENT OF THE REPUBLIC OF SOUTH
AFRICA
Contractor’s Name:
Vendor No:
Income Tax Ref No:
Passport No:
VAT No:
Identification No:
Country of Passport Issue
E-Mail address:
Telephone Number:
Postal Address:
Physical Address:
Postal Code:
Postal Code:
Bank Details:
Type of Account:
Current/ Savings/ Transmission/Credit Card/Bond Account
Name of Account Holder:
Branch Name:
Account Number:
Branch Number:
Classification of Contractor:
I confirm the following:
That the Individual / Company / CC / Trust is classified as a Non-Resident of the Republic of South
Africa and therefore Employees' Tax may be withheld from payments made to the Individual / Company
/ CC / Trust at the prevailing tax rate prescribed by the Income Tax Act, No.58 of 1962, as amended.
I declare that:
1.
The information in this Pack is true and correct.
2.
I am the duly authorised representative of
(“the Company / CC / Trust”).
3.
The Individual/Company/CC/Trust undertakes to notify Eskom Holdings SOC Ltd or its subsidiaries
(hereinafter referred to as “Eskom”) forthwith in writing should the status of the
Individual/Company/CC/Trust change.
_____________________________
_________________________
Duly Authorised Representative
Date
26
Applicable to the 2020/2021 Tax Years
Appendix 10
DEFINITIONS AS PER THE INCOME TAX ACT, No. 58 of 1962, AS AMENDED.
“Connected Person”
meansa) in relation to a natural personi) any relative; and
ii) any trust of which such natural person or such relative is a beneficiary;
b) in relation to a trusti) any beneficiary of such trust; and
ii) any connected person in relation to such beneficiary;
bA) in relation to a connected person in relation to a trust (other than a collective investment scheme
in property shares managed or carried on by any company registered as a manager under section 42 of
the Collective Investment Schemes Control Act, 2002, for purposes of Part V of that Act), includes any
other person who is a connected person in relation to such trust;
c) in relation to a member of any partnershipi) any other member; and
ii) any connected person in relation to any member of such partnership;
d) in relation to a companyi) any other company that would be part of the same group of companies as that company if the
expression ‘at least 70 per cent’ in paragraphs (a) and (b) of the definition of ‘group of companies’ in
this section were replaced by the expression ’more than 50 per cent’;
[deleted by Revenue Laws Amendment Act No. 20 of 2006] ;
iv)
any person, other than a company as defined in section 1 of the Companies Act, 1973 (Act
No 61 of 1973), who individually or jointly with any connected person in relation to himself, holds,
directly or indirectly, at least 20 per cent of the company's equity share capital, or voting rights;
any other company if at least 20 per cent of the equity share capital of such company is held by such
other company, and no shareholder holds the majority voting rights of such company;
vA) any other company if such other company is managed or controlled byaa) any person who or which is a connected person in relation to such company; or
any person who or which is a connected person in relation to a person contemplated in
item (aa); and
vi) where such company is a close corporationaa) any member;
bb) any relative of such member or any trust which is a connected person in relation to such
member; and
cc)
any other close corporation or company which is a connected person in relation toi)
any member contemplated in item (aa); or
ii)
the relative or trust contemplated in item (bb); and
e)
in relation to any person who is a connected person in relation to any other person in terms of the
foregoing provisions of this definition, such other person; and in this definition the expression
"beneficiary" means any person who has been named in the will or deed of trust concernedi) as a beneficiary; or
ii) as a person upon whom the trustee of the trust has the power to confer a benefit from such
trust.
27
Applicable to the 2020/2021 Tax Years
"Associated Institution", in relation to any single employer,
meansa)
where the employer is a company, any other company which is associated with the employer
company by reason of the fact that both companies are managed or controlled directly or indirectly by
substantially the same persons; or
b)
where the employer is not a company, any company which is managed or controlled directly or
indirectly by the employer or by any partnership of which the employer is a member; or
c)
"Labour Broker"
means any natural person who conducts or carries on any business whereby such person for reward provides
a client of such business with other persons to render a service or perform work for such client, or
procures such other persons for the client, for which services or work such other persons are
remunerated by such person;
"Personal Service Provider”
means any company or trust, where any service rendered on behalf of such company or trust to a client of
such company or trust is rendered personally by any person who is a connected person in relation to
such company or trust, and—
a)
such person would be regarded as an employee of such client if such service was rendered by
such person directly to such client, other than on behalf of such company or trust; or
b)
where those duties must be performed mainly at the premises of the client, such person or
such company or trust is subject to the control or supervision of such client as to the manner
in which the duties are performed or are to be performed in rendering such service; or
where more than 80 per cent of the income of such company or trust during the year of assessment,
from services rendered, consists of or is likely to consist of amounts received directly or
indirectly from any one client of such company or trust, or any associated institution as defined
in the Seventh Schedule to this Act, in relation to such client,
Except where such company or trust throughout the year of assessment employs three or more fulltime employees who are on a full-time basis engaged in the business of such company or trust of
rendering any such service, other than any employee who is a shareholder or member of the
company or trust or is a connected person in relation to such person;
"Remuneration"
means any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage,
overtime pay, bonus, gratuity, commission, fee, emolument pension, superannuation allowance, retiring
allowance or stipend, whether in cash or otherwise and whether or not in respect of services rendered,
includinga)
any amount referred to in paragraph (a), (c), (cA),(d), (e), (eA) or (f) of the definition of "gross
income" in section one of this Act;
any amount required to be included in such person's gross income under paragraph (i) of that definition;
28
Applicable to the 2020/2021 Tax Years
bA)

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

“Resident”
means any(a) natural person who is(i) ordinarily resident in the Republic; or
(ii) not at any time during the relevant year of assessment ordinarily resident in the Republic, if that
person was physically present in the Republica) for a period or periods exceeding 91 days in aggregate during the relevant year of
assessment, as well as for a period or periods exceeding 91 days in aggregate during each
of the five years of assessment preceding such year of assessment; and
b) for a period or periods exceeding 915 days in aggregate during those five preceding years
of assessment,
in which case that person will be a resident with effect from the first day of that relevant year of
assessment: Provided that(A) a day shall include a part of a day, but shall not include any day that a person is in transit
through the Republic between two places outside the Republic and that person does not
formally enter the Republic through a “port of entry” as contemplated in section 9 (1) of the
Immigration Act, 2002 (Act No. 13 of 2002), or at any other place as may be permitted by
the Director General of the Department of Home Affairs or the Minister of Home Affairs in
terms of that Act; and
(B) where a person who is a resident in terms of this subparagraph is physically outside the
Republic for a continuous period of at least 330 full days immediately after the day on
which such person ceases to be physically present in the Republic, such person shall be
deemed not to have been a resident from the day on which such person so ceased to be
physically present in the Republic; or
(b) person (other than a natural person) which is incorporated, established or formed in the Republic or
which has its place of effective management in the Republic,
but does not include any person who is deemed to be exclusively a resident of another country for
purposes of the application of any agreement entered into between the governments of the Republic
and that other country for the avoidance of double taxation;
29
Applicable to the 2020/2021 Tax Years
Summary Sheet:
For Eskom Use Only:
EMPLOYEES’ TAX:
Company / Close Corporation
/ Trust
Personal Service Provider
Individuals
Labour Broker
Dependent Contractor
Independent Contractor
PAYE
RATE
SDL
UIF
1% Employer
contribution
1% Employer
contribution
1% Employee
contribution
TAX
CERTIFICATE
TAX
CODE
ON IRP5 /
IT3(a)
NATURE
OF
PERSON
CODE
28%
N/A
N/A
IRP5 / IT3(a)
3601 or
3616
H
Individual
tax rates
Individual
tax rates
N/A
X
IRP5 / IT3(a)
3617
A
X
X
IRP5 / IT3(a)
3601 or
3616
“A” for
No tax
N/A
N/A
N/A
N/A
N/A
X = Applicable
VAT:
Independent contractors who carry on activities independent from Eskom may be registered VAT
vendors. PAYE is calculated on the VAT exclusive amount.
30
Applicable to the 2020/2021 Tax Years
Individual
“E” for
Company/CC
“D” for
Trust
Checklist - For Eskom Use Only:
EVALUATION PACK A – COMPANY OR CLOSE CORPORATION OR TRUST
Contractor’s Name:
Vendor No:
No.
Questions
1(i)
Are you a Resident of the Republic of South Africa in terms of
the Income Tax Act?
2(i)
2(ii)
2(iii)
3(i)
4(i)
5(i)
6(i)
6(ii)
6(iii)
6(iv)
6(v)
6(vi)
6(vii)
6(viii)
6(ix)
6(x)
6(xi)
Yes
Do you employ 3 (three) or more persons (excluding
shareholders or members or beneficiaries of the
Company/CC/Trust and connected persons in relation to the
shareholder or member or beneficiaries)?
Are these employees employed on a full time basis and are
they engaged in the business of the Company/CC/Trust?
Are the above 3 employees connected to the shareholders or
the members or beneficiaries of the Company/CC/Trust?
Will/are any person who is a Connected person in relation to
the Company/CC/Trust render services personally to Eskom
on behalf of the Company/CC/Trust?
During the current year of assessment will more than 80% of
your income or is it likely that more than 80% of your income
will consist of amounts received either directly or indirectly
from any one client, or an Associated institution in relation to
that client?
Must your duties be performed / are your duties performed
mainly (more than 50%) at the premises of Eskom AND will
you be /are you subject to Eskom’s control or supervision as to
the manner in which your duties are performed or to the hours
of work?
Do/will the payments by Eskom for services payable with
reference to output or certain agreed results, e.g. payment (be
a fixed fee or an hourly rate) be only due if and when a specific
deliverable has been completed?
Does/Will Eskom have the contractual right to control the tools
or equipment, staff, raw materials, routines, patents or
technology used in the provision of the services?
Are you/will you prohibited from rendering services to any
other employers/clients during the period of service to Eskom?
Do/will you have the right to sub-contract work?
Are you personally or will you personally be at risk for the
quality of the work done or to be done (risk for poor quality;
time over-runs, project not producing income)?
Are/will you or the person rendering the service be obliged to
be present and perform the work at Eskom regardless of
whether work is available or not?
Is Eskom’s business or will Eskom’s business be critical to
your financial/economic survival?
Does/will your position form part of Eskom’s organisational
structure?
Does/will Eskom provide you with any of the following:
Pension fund / Provident fund / Retirement Annuity Fund;
medical aid, leave of any nature, salary increases, bonuses or
any allowances.
Does/will Eskom provide you with an office?
Does Eskom provide you with any equipment, tools, stationery
and material?
Tax Status
The following must be accompany all the questions
If Answer is:
No
Check
Signed
Appendix
9
Refer to
Group Tax
No
1&8
No
2&8
Yes
Or
No
7
Or
4
Yes
Or
No
7
Or
3
Personal
7
Service
Provider
Or
Or
Independent
8
Person
Signed “Particulars of person acting as representative of the
Company / Close Corporation / Trust”.
31
Applicable to the 2020/2021 Tax Years
No
Checklist - For Eskom Use Only:
EVALUATION PACK B – INDIVIDUALS
Contractor’s Name:
Vendor No:
No.
Questions
1(i)
Do you provide Eskom with a service or people?
2(i)
Do you provide Eskom with People and will these people be
paid by you?
Are you in a position of an IRP30 exemption certificate which
is valid for the period under review?
Are you a Resident of the Republic of South Africa in terms
of the Income Tax Act?
Do you employ 3 (three) or more persons (excluding
shareholders or members or beneficiaries of the
Company/CC/Trust)?
Are these employees employed:
On a full time basis in your business; and
are they engaged in the business of the Company/CC/Trust?
Are any of these employees connected in respect of the
Individual, e.g. spouse, parent, adoptive parent, child,
grandparent, cousin, etc.?
Do you render/will you be rendering the service mainly (more
than 50%) at the premises of Eskom?
Are you/Will you be subject to Eskom’s control or supervision
as to the manner in which your duties are to be performed or
as to the hours of work?
Service
Yes
2(ii)
3(i)
4(i)
4(ii)
4(iii)
5(i)
5(ii)
6(i)
6(ii)
6(iii)
6(iv)
6(v)
6(vi)
6(vii)
6(viii)
6(ix)
6(x)
6(xi)
People
If Answer
is:
Check
Signed
Appendix
Service
5
Yes/No
6
No
Refer to
Group Tax
No
1&8
No
Yes to 5(i)
and 5(ii)
or
No to 5(i) or
5(ii)
7
or
3
Do/will the payments by Eskom for services payable with
reference to output or certain agreed results, e.g. payment
(be it a fixed fee or an hourly rate) be only due if and when a
specific deliverable has been completed?
Does/Will Eskom have the contractual right to control the
tools or equipment, staff, raw materials, routines, patents or
technology used in the provision of the services?
Are you/will you prohibited from rendering services to any
other employers/clients during the period of service to
Eskom?
Do/will you have the right to sub-contract work?
Are you personally / will you personally be at risk for the
quality of the work done or to be done (risk for poor quality;
time over-runs, project not producing income)?
Are/will you or the person rendering the service be obliged to
be present and perform the work at Eskom regardless of
whether work is available or not?
Is Eskom’s business or will Eskom’s business be critical to
your financial/economic survival?
Does/will your position form part of Eskom’s organisational
structure?
Does/will Eskom provide you with any of the following:
Pension fund / Provident fund / Retirement Annuity Fund;
Medical Aid;
Leave of any nature;
Salary increases;
Bonuses;
Any allowances.
Does/will Eskom provide you with an office?
Does/will Eskom provide you with any equipment, tools,
stationery and material?
Employee
Or
Independent
Person
Tax Status
The following must be accompany all the questions
32
Applicable to the 2020/2021 Tax Years
Signed “Particulars of “Individual”.
7
Or
8
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
NEC3 Engineering & Construction Contract
Between ESKOM HOLDINGS SOC Ltd
(Reg No. 2002/015527/30)
and [Insert at award stage]
(Reg No. ___________ )
for Tower Top Replacement Of
Acacia-Koeberg No1 400kv Tower 43
Contents:
No of
pages
Part C1 Agreements & Contract Data
19
Part C2 Pricing Data
7
Part C3 Scope of Work
22
Part C4 Site Information
2
DOCUMENTATION PREPARED BY:
TONY BALOKA
ENQUIRY NUMBER: E/TP3851-LD
CONTRACT No: 46000
PART C2: PRICING DATA
PAGE 1
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Part C1: Agreements & Contract Data
Contents:
No of
pages
C1.1 Form of Offer and Acceptance
3
[to be inserted from Returnable Documents at award
stage]
C1.2a Contract Data provided by the Employer
12
C1.2b Contract Data provided by the Contractor
[●]
[to be inserted from Returnable Documents at award
stage]
C1.3 Proforma Guarantees
PART C2: PRICING DATA
PAGE 2
4
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
C1.1 Form of Offer & Acceptance
Offer
The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for
the procurement of:
TOWER TOP REPLACEMENT OF ACACIA-KOEBERG NO1 400KV TOWERS 43
The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data
and addenda thereto and by submitting this Offer has accepted the Conditions of Tender.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer
and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the
contract including compliance with all its terms and conditions according to their true intent and meaning for
an amount to be determined in accordance with the conditions of contract identified in the Contract Data.
Options A
B, C or D
The offered total of the Prices exclusive of VAT is
R
Option E
or F
The first forecast of the total Defined Cost plus the Fee
exclusive of VAT is
R
Sub total
R
R
Value Added Tax @ 15% is
The offered total of the amount due inclusive of VAT is
1
R
(in words)
This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and
Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the
tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed,
whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified
in the Contract Data.
Signature(s)
Name(s)
Capacity
For the
tenderer:
(Insert name and address of
organisation)
Name &
signature of
witness
Tenderer’s CIDB registration number (if applicable)
Date
1
This total is required by the Employer for budgeting purposes only. Actual amounts due will be assessed in
terms of the conditions of contract.
PART C2: PRICING DATA
PAGE 3
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Acceptance
By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the
tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in
accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer
shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in
this agreement and in the contract that is the subject of this agreement.
The terms of the contract, are contained in:
Part C1
Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
Part C2
Pricing Data
Part C3
Scope of Work: Works Information
Part C4
Site Information
and drawings and documents (or parts thereof), which may be incorporated by reference into the above
listed Parts.
Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed
in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the
Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached
to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said
documents are valid unless contained in this Schedule.
The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule
of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange
the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be
provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this
agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall
constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer
receives one fully completed original copy signed between them of this document, including the Schedule of
Deviations (if any).
Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the
Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall
constitute a binding contract between the Parties.
Signature(s)
Eskom Holdings Limited
Registered office at Megawatt Park,
Maxwell Drive, Sandton, Johannesburg
Name(s)
Capacity
for the
Employer
Name &
signature of
witness
Kooben Munsamy
Senior Manager Western Grid
Transmission Western Grid,
(Insert name and address of organisation)
Eskom Holdings SOC Limited
Registered offices at Megawatt Park
Maxwell Drive Sandton JHB
Tony Baloka
Project Manager, from Performance
and Works Planning in
Transmission Western Grid,
Date
Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and
Acceptance.
PART C2: PRICING DATA
PAGE 4
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Schedule of Deviations to be completed by the Employer prior to contract award
Note:
1. This part of the Offer & Acceptance would not be required if the contract has been developed by
negotiation between the Parties and is not the result of a process of competitive tendering.
2. The extent of deviations from the tender documents issued by the Employer prior to the tender
closing date is limited to those permitted in terms of the Conditions of Tender.
3. A tenderer’s covering letter must not be included in the final contract document. Should any matter
in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during
the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and
the final draft of the contract documents shall be revised to incorporate the effect of it.
No.
Subject
Details
1
[●]
[●]
2
[●]
[●]
3
[●]
[●]
4
[●]
[●]
5
[●]
[●]
6
[●]
[●]
7
[●]
[●]
By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the
tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the
documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any
confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer
during this process of Offer and Acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the period
between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of
this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.
For the tenderer:
For the Employer
Signature
Name
Kooben Munsamy
Capacity
Senior Manager Western Grid
Transmission Western Grid,
(Insert name and address of organisation)
Eskom Holdings Soc Limited
Registered Offices at Megawatt Park
Maxwell Drive Sandton JHB
Tony Baloka
Project Manager, from Performance and
Works Planning in Transmission
Western Grid,
On behalf
of
(Insert name and address of organisation)
Name &
signature
of witness
Date
PART C2: PRICING DATA
PAGE 5
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
C1.2 ECC3 Contract Data
Part one - Data provided by the Employer
Completion of the data in full, according to the Options chosen, is essential to create a complete contract.
Clause
Statement
1
General
Data
The conditions of contract are the core
clauses and the clauses for main Option
dispute resolution Option
B:
Priced contract with bill of quantities
W1:
Dispute resolution procedure
X1:
Price adjustment for inflation
X7:
Delay damages
X16:
Retention
X17:
Low performance damages
X18:
Limitation of liability
Z:
Additional conditions of contract
and secondary Options
of the NEC3 Engineering and Construction
Contract, April 2013 (ECC3)
10.1
10.1
10.1
The Employer is (Name):
Eskom Holdings SOC Ltd (reg no:
2002/015527/30), a state owned company
incorporated in terms of the company laws of
the Republic of South Africa
Address
Registered office at Megawatt Park, Maxwell
Drive, Sandton, Johannesburg
The Project Manager is: (Name)
TONY BALOKA
Address
60 VOORTREKKER ROAD, BELLVILLE, 7530
Tel
021 915 9227
Fax
086 668 1617
e-mail
[email protected]
The Supervisor is: (Name)
RICARDO DUDLEY
Address
2 GAMKA STREET, STIKLAND INDUSTRIA
Tel No.
021 915 2470
Fax No.
0866688422
PART C2: PRICING DATA
PAGE 6
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
e-mail
[email protected]
11.2(13)
The works are
Replace the tower tops of:
 Acacia-Koeberg No1 400kV tower 44
11.2(14)
The following matters will be included in
the Risk Register
The area is environmentally sensitive. Keep
vehicles and materials contained within the
servitude and/or storage areas.
11.2(15)
The boundaries of the site are
The Eskom Transmission servitudes
11.2(16)
The Site Information is in
Part 4: Site Information
11.2(19)
The Works Information is in
Part 3: Scope of Work and all documents and
drawings to which it makes reference.
12.2
The law of the contract is the law of
the Republic of South Africa
13.1
The language of this contract is
English
13.3
The period for reply is
2 weeks
2
The Contractor's main responsibilities
Data required by this section of the core
clauses is provided by the Contractor in Part 2
and terms in italics used in this section are
identified elsewhere in this Contract Data.
3
Time
11.2(3)
The completion date for the whole of the
works is
11.2(9)
30.1
30 MARCH 2022
The key dates and the conditions to be
met are:
Condition to be met
key date
All work is outage dependant and the risk
of outages being cancelled are high
1
01 February
2022
The access dates are:
Part of the Site
Date
1
01 December
2020
Acacia-Koeberg No1
400kV Tower 43 top
replacement
Acacia-Koeberg No1
400kV Tower 43 top
replacement
The Contractor is to submit a first
programme for acceptance within
2 weeks of the Contract Date.
31.2
The starting date is
01 December 2020
32.2
The Contractor submits revised
programmes at intervals no longer than
4 weeks.
31.1
35.1
The Employer is not willing to take over
the works before the Completion Date.
4
Testing and Defects
42.2
The defects date is
PART C2: PRICING DATA
52 weeks after Completion of the whole of the
works.
PAGE 7
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
43.2
CONTRACT NO. _________
The defect correction period is
2 weeks
except that the defect correction period for
emergencies is 2 days
and the defect correction period for
emergencies is 2 days
5
Payment
50.1
The assessment interval is
between the 25 day of each successive
month.
51.1
The currency of this contract is the
South African Rand.
51.2
The period within which payments are
made is
31 days after an approved Payment Certificate
submitted.
51.4
The interest rate is
the publicly quoted prime rate of interest
(calculated on a 365 day year) charged from
time to time by the Standard Bank of South
Africa Limited (as certified, in the event of any
dispute, by any manager of such bank, whose
appointment it shall not be necessary to prove)
for amounts due in Rands and
th
(ii) the LIBOR rate applicable at the time for
amounts due in other currencies. LIBOR is the
6 month London Interbank Offered Rate quoted
under the caption “Money Rates” in The Wall
Street Journal for the applicable currency or if
no rate is quoted for the currency in question
then the rate for United States Dollars, and if
no such rate appears in The Wall Street
Journal then the rate as quoted by the Reuters
Monitor Money Rates Service (or such service
as may replace the Reuters Monitor Money
Rates Service) on the due date for the payment
in question, adjusted mutatis mutandis every 6
months thereafter and as certified, in the event
of any dispute, by any manager employed in
the foreign exchange department of The
Standard Bank of South Africa Limited, whose
appointment it shall not be necessary to prove.
6
Compensation events
60.1(13)
The place where weather is to be
recorded is:
Cape Town
The weather measurements to be
recorded for each calendar month are,
the cumulative rainfall (mm)
the number of days with rainfall more than 10
mm
the number of days with minimum air
temperature less than 0 degrees Celsius
the number of days with snow lying at 09:00
hours South African Time
and these measurements:
The weather measurements are supplied
PART C2: PRICING DATA
Client Liaison Officer
PAGE 8
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
by
Cape Town Regional Office
South African Weather Service
P O Box 21
Cape Town International Airport
7525
The weather data are the records of past
weather measurements for each calendar
month which were recorded at:
Cape Town
and which are available from:
the South African Weather Bureau and
included in Annexure A to this Contract Data
provided by the Employer
7
Title
There is no reference to Contract Data in this
section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.
8
Risks and insurance
80.1
These are additional Employer's risks
1. Outage Constraints to complete the works
as planned
84.1
The Employer provides these insurances
from the Insurance Table
as stated for “Format A” / “Format B” / “Format
Dx” {choose the applicable format then delete
the others and delete this note} available on
http://www.eskom.co.za/Tenders/InsurancePolicie
sProcedures/Pages/EIMS_Policies_
From_1_April_2014_To_31_March_2015.aspx
(See Annexure B for basic guidance)
84.1
The Employer provides these additional
insurances
as stated for “Format A” / “Format B” / “Format
Dx” {choose the applicable format then delete
the others and delete this note} available on
http://www.eskom.co.za/Tenders/InsurancePolicie
sProcedures/Pages/EIMS_Policies_
From_1_April_2014_To_31_March_2015.aspx
(See Annexure B for basic guidance)
84.2
The minimum limit of indemnity for
insurance in respect of loss of or damage
to property (except the works, Plant,
Materials and Equipment) and liability for
bodily injury to or death of a person (not
an employee of the Contractor) caused by
activity in connection with this contract for
any one event is
whatever the Contractor deems necessary in
addition to that provided by the Employer.
84.2
The minimum limit of indemnity for
insurance in respect of death of or bodily
injury to employees of the Contractor
arising out of and in the course of their
employment in connection with this
contract for any one event 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).
9
Termination
There is no reference to Contract Data in this
section of the core clauses and terms in italics
used in this section are identified elsewhere in
this Contract Data.
10
Data for main Option clause
PART C2: PRICING DATA
PAGE 9
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
B
Priced contract with bill of quantities
60.6
The method of measurement is
11
Data for Option W1
W1.1
The Adjudicator is
the person selected from the ICE-SA Division
(or its successor body) of the South African
Institution of Civil Engineering Panel of
Adjudicators by the Party intending to refer a
dispute to him. (see www.ice-sa.org.za). If the
Parties do not agree on an Adjudicator the
Adjudicator will be appointed by the Arbitration
Foundation of Southern Africa (AFSA).
W1.2(3)
The Adjudicator nominating 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.
W1.4(2)
The tribunal is:
arbitration.
W1.4(5)
The arbitration procedure is
the latest edition of Rules for the Conduct of
Arbitrations published by The Association of
Arbitrators (Southern Africa) or its successor
body.
The place where arbitration is to be held is
Bellville, South Africa
The person or organisation who will
choose an arbitrator
- if the Parties cannot agree a choice or
- if the arbitration procedure does not
state who selects an arbitrator, is
the Chairman for the time being or his nominee
of the Association of Arbitrators (Southern
Africa) or its successor body.
as stated in Part C2.1, Pricing Assumptions.
12
Data for secondary Option clauses
X1
Price adjustment for inflation
X1.1(a)
The base date for indices is
None. Fixed for the contract duration
X2
Changes in the law
There is no reference to Contract Data in this
Option and terms in italics are identified
elsewhere in this Contract Data.
X3
Multiple currencies
X4
Parent company guarantee
X5 & X7
Sectional Completion and delay
damages used together
X7.1
X5.1
Delay damages for late Completion of the
sections of the works are:
There is no reference to Contract Data in this
Option and terms in italics are identified
elsewhere in this Contract Data.
section
Description
Amount per
day
1
Acacia-Koeberg No1
400kV Tower 43 top
replacement
0.5% of total
contract
value
Remainder of the works
PART C2: PRICING DATA
0.5% of total
PAGE 10
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
contract
value
The total delay damages payable by the
Contractor does not exceed:
10% of total contract value
X15
Limitation of the Contractor’s liability
There is no reference to Contract Data in this
for his design to reasonable skill & care Option and terms in italics are identified
elsewhere in this Contract Data.
X16
Retention (not used with Option F)
X16.1
The retention percentage is
X17
Low performance damages
X17.1
The amounts for low performance
damages are:
10%
Amount
Performance level
0.5% of total Poor performance is when the
contract
Contractor exceeds the
value per day completion dates as negotiated
between the Project Manager
and the Contractor
X18
Limitation of liability
X18.1
The Contractor’s liability to the Employer
for indirect or consequential loss is limited
to:
R0.0 (zero Rand)
X18.2
For any one event, the Contractor’s
liability to the Employer for loss of or
damage to the Employer’s property is
limited to:
the amount of the deductibles relevant to the
event described in the insurance policy format
selected in the data for clause 84.1 above,
which policy is available on
http://www.eskom.co.za/Tenders/InsurancePolicie
sProcedures/Pages/EIMS_Policies_
From_1_April_2014_To_31_March_2015.aspx
X18.3
The Contractor’s liability for Defects due to The greater of
the total of the Prices at the Contract Date
his design which are not listed on the
and
Defects Certificate is limited to
 the amounts excluded and unrecoverable
from the Employer’s assets policy for
correcting the Defect (other than the
resulting physical damage which is not
excluded) plus R15M first amount payable
in terms of the Employer’s assets policy.
X18.4
The Contractor’s total liability to the
the total of the Prices other than for the
Employer for all matters arising under or in additional excluded matters.
connection with this contract, other than
The Contractor’s total liability for the additional
excluded matters, is limited to:
excluded matters is not limited.
The additional excluded matters are amounts
for which the Contractor is liable under this
contract for
Defects due to his design which arise before
PART C2: PRICING DATA
PAGE 11
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
the Defects Certificate is issued,
Defects due to manufacture and fabrication
outside the Site,
loss of or damage to property (other than the
works, Plant and Materials),
death of or injury to a person and
infringement of an intellectual property right.
X18.5
The end of liability date is
(i) seven years after the defects date for latent
Defects and
(ii) the date on which the liability in question
prescribes in accordance with the Prescription
Act No. 68 of 1969 (as amended or in terms of
any replacement legislation) for any other
matter.
A latent Defect is a Defect which would not
have been discovered on reasonable
inspection by the Employer or the Supervisor
before the defects date, without requiring any
inspection not ordinarily carried out by the
Employer or the Supervisor during that period.
If the Employer or the Supervisor do undertake
any inspection over and above the reasonable
inspection, this does not place a greater
responsibility on the Employer or the
Supervisor to have discovered the Defect.
X20
Key Performance Indicators (not used
when Option X12 applies)
X20.1
The incentive schedule for Key
Performance Indicators is in
Annexure [●] to this Contract Data
A report of performance against each Key
Performance Indicator is provided at
intervals of
[●] months
The Additional conditions of contract
are
Z1 to Z12 always apply.
X20.2
Z
Z1
Cession delegation and assignment
Z1.1
The Contractor does not cede, delegate or assign any of its rights or obligations to any person
without the written consent of the Employer.
Z1.2
Notwithstanding the above, the Employer may on written notice to the Contractor cede and
delegate its rights and obligations under this contract to any of its subsidiaries or any of its
present divisions or operations which may be converted into separate legal entities as a result
of the restructuring of the Electricity Supply Industry.
Z2
Joint ventures
Z2.1
If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two
or more persons or organisations then these persons or organisations are deemed to be jointly
and severally liable to the Employer for the performance of this contract.
PART C2: PRICING DATA
PAGE 12
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Z2.2
Unless already notified to the Employer, the persons or organisations notify the Project
Manager within two weeks of the Contract Date of the key person who has the authority to bind
the Contractor on their behalf.
Z2.3
The Contractor does not alter the composition of the joint venture, consortium or other
unincorporated grouping of two or more persons without the consent of the Employer having
been given to the Contractor in writing.
Z3
Change of Broad Based Black Economic Empowerment (B-BBEE) status
Z3.1
Where a change in the Contractor’s legal status, ownership or any other change to his business
composition or business dealings results in a change to the Contractor’s B-BBEE status, the
Contractor notifies the Employer within seven days of the change.
Z3.2
The Contractor is required to submit an updated verification certificate and necessary
supporting documentation confirming the change in his B-BBEE status to the Project Manager
within thirty days of the notification or as otherwise instructed by the Project Manager.
Z3.3
Where, as a result, the Contractor’s B-BBEE status has decreased since the Contract Date the
Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s
obligation to Provide the Works.
Z3.4
Failure by the Contractor to notify the Employer of a change in its B-BBEE status may
constitute a reason for termination. If the Employer terminates in terms of this clause, the
procedures on termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1
and A3 as stated in clause 93.
Z4
Ethics
Z4.1
Any offer, payment, consideration, or benefit of any kind made by the Contractor, which
constitutes or could be construed either directly or indirectly as an illegal or corrupt practice, as
an inducement or reward for the award or in execution of this contract constitutes grounds for
terminating the Contractor’s obligation to Provide the Works or taking any other action as
appropriate against the Contractor (including civil or criminal action).
Z4.2
The Employer may terminate the Contractor’s obligation to Provide the Works if the Contractor
(or any member of the Contractor where the Contractor constitutes a joint venture, consortium
or other unincorporated grouping of two or more persons or organisations) is found guilty by a
competent court, administrative or regulatory body of participating in illegal or corrupt practices.
Such practices include making of offers, payments, considerations, or benefits of any kind or
otherwise, whether in connection with any procurement process or contract with the Employer
or other people or organisations and including in circumstances where the Contractor or any
such member is removed from the an approved vendor data base of the Employer as a
consequence of such practice.
Z4.3
Notwithstanding the provisions of core clause 90.2, the procedures on termination in terms of
this clause are P1, P2 and P3 as stated in the core clause 92 and the amount due is A1 and A3
as stated in core clause 93.
Z5
Confidentiality
Z5.1
The Contractor does not disclose or make any information arising from or in connection with
this contract available to Others. This undertaking does not, however, apply to information
which at the time of disclosure or thereafter, without default on the part of the Contractor, enters
the public domain or to information which was already in the possession of the Contractor at the
time of disclosure (evidenced by written records in existence at that time). Should the
PART C2: PRICING DATA
PAGE 13
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Contractor disclose information to Others in terms of clause 25.1, the Contractor ensures that
the provisions of this clause are complied with by the recipient.
Z5.2
If the Contractor is uncertain about whether any such information is confidential, it is to be
regarded as such until notified otherwise by the Project Manager.
Z5.3
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.
Z5.4
The taking of images (whether photographs, video footage or otherwise) of the works or any
portion thereof, in the course of Providing the Works and after Completion, requires the prior
written consent of the Project Manager. All rights in and to all such images vests exclusively in
the Employer.
Z5.5
The Contractor ensures that all his subcontractors abide by the undertakings in this clause.
Z6
Waiver and estoppel: Add to core clause 12.3:
Z6.1
Any extension, concession, waiver or relaxation of any action stated in this contract by the
Parties, the Project Manager, the Supervisor, or the Adjudicator does not constitute a waiver of
rights, and does not give rise to an estoppel unless the Parties agree otherwise and confirm
such agreement in writing.
Z7
Health, safety and the environment: Add to core clause 27.4
Z7.1
The Contractor undertakes to take all reasonable precautions to maintain the health and safety
of persons in and about the execution of the works. Without limitation the Contractor:
accepts that the Employer may appoint him as the “Principal Contractor” (as defined and
provided for under the Construction Regulations 2014 (promulgated under the Occupational
Health & Safety Act 85 of 1993) (“the Construction Regulations”) for the Site;
warrants that the total of the Prices as at the Contract Date includes a sufficient amount for
proper compliance with the Construction Regulations, all applicable health & safety laws and
regulations and the health and safety rules, guidelines and procedures provided for in this
contract and generally for the proper maintenance of health & safety in and about the execution
of works; and
undertakes, in and about the execution of the works, to comply with the Construction
Regulations and with all applicable health & safety laws and regulations and rules, guidelines
and procedures otherwise provided for under this contract and ensures that his Subcontractors,
employees and others under the Contractor’s direction and control, likewise observe and
comply with the foregoing.
Z7.2
The Contractor, in and about the execution of the works, complies with all applicable
environmental laws and regulations and rules, guidelines and procedures otherwise provided
for under this contract and ensures that his Subcontractors, employees and others under the
Contractor’s direction and control, likewise observe and comply with the foregoing.
Z8
Provision of a Tax Invoice and interest. Add to core clause 51
Z8.1
Within one week of receiving a payment certificate from the Project Manager in terms of core
clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the
Employer's procedures stated in the Works Information, showing the amount due for payment
equal to that stated in the payment certificate.
PART C2: PRICING DATA
PAGE 14
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
CONTRACT NO. _________
Z8.2
If the Contractor does not provide a tax invoice in the form and by the time required by this
contract, the time by when the Employer is to make a payment is extended by a period equal in
time to the delayed submission of the correct tax invoice. Interest due by the Employer in terms
of core clause 51.2 is then calculated from the delayed date by when payment is to be made.
Z8.3
The Contractor (if registered in South Africa in terms of the companies Act) is required to
comply with the requirements of the Value Added Tax Act, no 89 of 1991 (as amended) and to
include the Employer’s VAT number 4740101508 on each invoice he submits for payment.
Z9
Notifying compensation events
Z9.1
Delete from the last sentence in core clause 61.3, “unless the Project Manager should have
notified the event to the Contractor but did not”.
Z10
Employer’s limitation of liability
Z10.1
The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is
limited to R0.00 (zero Rand)
Z10.2
The Contractor’s entitlement under the indemnity in 83.1 is provided for in 60.1(14) and the
Employer’s liability under the indemnity is limited.
Z11
Termination: Add to core clause 91.1, at the second main bullet point, fourth sub-bullet
point, after the words "against it":
Z11.1
or had a business rescue order granted against it.
Z12
Addition to secondary Option X7 Delay damages (if applicable in this contract)
Z12.1
If the amount due for the Contractor’s payment of delay damages reaches the limits stated in
this Contract Data for Option X7 or Options X5 and X7 used together, the Employer may
terminate the Contractor’s obligation to Provide the Works using the same procedures and
payment on termination as those applied for reasons R1 to R15 or R18 stated in the
Termination Table.
PART C2: PRICING DATA
PAGE 15
C2 ECC3/B COVER
ESKOM HOLDINGS SOC Ltd
PROJECT & CONTRACT TITLE
Annexure A:
station]
CONTRACT NO. _________
One-in-ten-year-return weather data obtained from SA Weather Bureau for [weather
If any one of these weather measurements recorded within a calendar month, before the Completion Date
for the whole of the works and at the place stated in this Contract Data is shown to be more adverse than the
amount stated below then the Contractor may notify a compensation event.
Weather measurement
Month
Cumulative
rainfall (mm)
Number of days
with rain more
than 10mm
Number of days
with min air
temp

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