Professional consultant for energy trading platform development and advice

• The Disclosing Party (Eskom) intends to provide the Receiving Party (bidder) with certain information relating to the development of an energy trading platform ('the Project').

• Eskom's registered address: Megawatt Park, Maxwell Drive, Sunninghill ext.3, Sandton, Republic of South Africa.
• Postal address: P O Box 1091, Johannesburg, 2000.
• Telephone: +27.
• Contact person: Not specified.

• The NDA must be signed by a duly authorized representative of the bidder.
• For Eskom, the signatory must be no lower than a Procurement Senior Manager.

The document does not specify commercial or technical eligibility criteria for the tender itself. It is a procedural/legal document. To proceed, an applicant must be a legally constituted entity willing to sign this NDA, thereby agreeing to its confidentiality terms as a condition for further participation in the tender process.

• The project involves the disclosure of confidential information related to the development of an energy trading platform.
• The scope is defined as 'the Project' and includes technical, commercial, financial, marketing information, strategies, operations, know-how, trade secrets, processes, designs, drawings, formulae, test data, equipment, notes, memoranda, methods, technical specifications and data.

• This document is a Non-Disclosure Agreement (NDA) template. It does not specify standard tender compliance requirements such as CSD, tax, B-BBEE, CIDB, or CIPC.
• The agreement requires the Receiving Party (bidder) to protect confidential information and indemnify Eskom against losses from unauthorized disclosure.
• The bidder must ensure its representatives also abide by the agreement's confidentiality terms.

• This is a binding Non-Disclosure Agreement (NDA) between Eskom and the bidder.
• The agreement is effective from the date confidential information is disclosed or the date of signature, whichever is earlier.
• The agreement does not commit either party to a business relationship; a separate definitive agreement is required.
• 'Confidential Information' is broadly defined and includes all technical, commercial, financial, and marketing information related to the Project.
• The bidder (Receiving Party) must:

• Not disclose Confidential Information to any third party without Eskom's prior written consent.
• Only disclose to its own employees/representatives on a 'need-to-know' basis, ensuring they also comply.
• Use the information solely for the Project.
• Protect the information with at least a reasonable standard of care.
• Return or destroy all Confidential Information upon Eskom's request, within 7 business days.
• Indemnify Eskom against all losses from unauthorized use or disclosure.

• The agreement lasts for 3 years after the termination of the relationship or as specified in a subsequent project agreement.
• A breach must be remedied within 7 business days after written notice, after which Eskom can pursue legal remedies.
• The agreement is governed by South African law.
• Notices are deemed received: upon hand delivery, 7 business days after registered post, or when received by fax.
• Eskom may assign its rights and obligations to its subsidiaries or restructured entities.
• No public announcements about the agreement are allowed without mutual consent.

• Eskom Holdings SOC Ltd is the Disclosing Party.
• Registered office: Megawatt Park, Maxwell Drive, Sunninghill ext.3, Sandton, Republic of South Africa.
• Registration number: 2002/015527/06.

Suppliers must have an implemented Quality Management System compliant with ISO 9001:2015 (certification not mandatory for Category 3). Must provide internal management system audit reports, defined roles/responsibilities, and evidence of QMS operation. Technical capability in energy trading platform development is implied but not explicitly detailed in provided quality sections.

This is a Contract Quality Plan template. The tenderer must complete the following sections:

• Scope of Work: Provide a full description of the works as per NEC or FIDIC documents. Indicate which activities are included (Design, Manufacturing, Supply and Delivery/Transportation, Construction/Installation/Maintenance, Commissioning, Professional services, Other).
• Communication Channels: Specify how quality-related communication will be handled, including documentation, contact details, emails, meeting minutes, and reporting.
• Organogram: Provide a project organogram showing roles, responsibilities, and qualifications, including QA/QC functions.
• Index of Interfacing Documents: List core processes, work instructions, policies, procedures, industry standards, specifications, and drawings to be used.
• List of Suppliers & Sub-suppliers: Identify materials/components to be purchased and potential suppliers. For outsourced activities, describe the activity and selection criteria.
• Monitoring of Suppliers & Contractors: Describe post-award monitoring activities, such as inspection reports, audits, and verification checklists.
• Interface of Sub-suppliers with QMS: Describe how sub-suppliers will interface with your Quality Management System.
• Index of Items to be Manufactured, Refurbished, and Purchased: Submit a list with descriptions, production schedules, and sourcing details.
• Related Items/Activities Needing QCP/ITP: Describe products/processes requiring Quality Control Plans or Inspection Test Plans.
• Scope of Work Areas Requiring Special Controls: Identify processes needing special controls (e.g., welding, NDT) and describe quality control activities.
• Index of Documented Information to be Submitted: List all documents to be submitted to Eskom before, during, and after the project, including technical records, certificates, reports, and registers.
• How Records Will be Controlled and Retained: Describe the record control system, including identification, distribution, and retention periods.
• Concession and Non-conformance Management: Provide a flowchart or process description for managing concessions, non-conformances, defects, repairs, rework, and inspections.
• Databook Management Process: If applicable, describe the databook submission, review, acceptance, and include purchase orders for quality-critical items.
• Management of Working Tools and Equipment: Provide a list of tools and equipment with calibration/maintenance/test status.
• Dealing with Customer Property: Describe the process for handling Eskom's property as per ISO 9001.
• Product Preservation: Describe the process for preserving, storing, and handling materials.
• Identification and Traceability: Indicate methods for identification and traceability of SOW activities affected by statutory/regulatory requirements.
• Commissioning and Post-delivery Activities: Describe post-delivery support, warranty, customer satisfaction measurement, technical support, and defect correction.

Explicit eligibility criteria are not stated in this template document. However, eligibility will be inferred from the ability to submit a compliant and detailed Contract Quality Plan. Implicit criteria include: having a formal QMS, experience in managing sub-suppliers, capability in professional consulting services, and adherence to the referenced quality standards (SANS 466/ISO 10005). The tenderer must also have processes for document control, risk management, and handling customer property.

The tenderer must provide:

• Method statements, Safe Working Procedures, PQRs, and Repair Procedures.
• An audit findings report and action register with analysis.
• Updated procedure registers (PQRs, Method Statements, Repair Procedures).
• A register of non-conformances, defects, or punch items with analysis.
• Databook status registers with monthly milestone-based analysis.
• A project organogram showing designations, roles, responsibilities, and outputs.
• A list of raw materials, required components, services to be sourced or outsourced.
• Examples of outsourced activities (e.g., rock drilling) with descriptions and technical/quality selection criteria.

The tenderer must provide an organogram showing team members' responsibilities and qualifications necessary to fulfil stated duties. This includes work verification (e.g., who performs a task and who checks it). Also, list core processes and documents (work instructions, policies, procedures, standards, specifications, drawings) to be used for executing the scope of work.

The tenderer must develop a Contract Quality Plan referencing SANS 466:2005 / ISO 10005:2005. The plan must include:

• Definitions of key quality terms (Quality Management System, Quality Plan, Quality Assurance, Quality Control, Supplier, Sub-supplier, Subcontractor, Quality Objectives, Quality Policy, Risk Management, Documented Information, Method Statements).
• A detailed Scope of Work description.
• Communication channels for quality issues.
• An organogram with roles and responsibilities.
• An index of interfacing documents (processes, standards, codes, specifications).
• A list of suppliers and sub-suppliers.
• Monitoring procedures for suppliers and contractors.
• Interface procedures for sub-suppliers' QMS.
• An index of items to be manufactured, refurbished, or purchased.
• Identification of items/activities requiring Quality Control Plans (QCP) or Inspection Test Plans (ITP).
• Identification of work areas requiring special controls governed by manufacturing/fabrication standards.
• An index of documented information to be submitted to Eskom.
• Procedures for controlling and retaining records.
• Processes for concession and non-conformance management.
• Databook management process.
• Management of working tools and equipment.
• Procedures for dealing with customer property.
• Product preservation processes.
• Identification and traceability methods.
• Commissioning and post-delivery activities.

The tenderer's representative must compile the plan during tender evaluation (Rev 0) and update to Rev 1 after contract signing.

Method statements must describe how work will be carried out safely, without health/safety risks. They must include all risks identified in risk assessments and the control measures needed. This ensures proper planning and resourcing.

The contract includes post-delivery activities such as warranty periods and conditions, customer satisfaction measurement, technical support, and defect correction periods or retention funds. These must consider statutory, regulatory, and scope of work requirements.

The tenderer must indicate communication channels for all quality-related issues, including documentation, supplier representative details, contacts, emails, minutes of meetings, fixed contract meetings, weekly progress meetings, and reporting. All documentation must be submitted per the contract agreement.

This document is a PAYE Questionnaire for Service Contracts used by Eskom to determine the tax status of contractors. It establishes whether an Individual, Close Corporation, Company or Trust should be classified as an Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor for Employees' Tax (PAYE) withholding purposes. The questionnaire includes two evaluation packs: Pack A for companies/close corporations/trusts; Pack B for individuals. Contractors must answer questions truthfully; answers direct which affidavits and declarations (Appendices 1-9) must be signed. The Pack is based on tax legislation for the 2025/2026 tax year and applies only to contractors supplying services or labour to Eskom Holdings SOC Ltd and its subsidiaries.

This Pack applies from 1 March 2025 to 28 February 2026.

For tax classification queries, contact Eskom’s Corporate Tax Department in Megawatt Park via your Eskom representative. When returning the completed Pack, copy Group Tax on email: [email protected].

Returnable Documents: The completed Pack must include the signed summary sheet and signed affidavits. When returning the completed Pack to Eskom, copy Group Tax on email: [email protected].

The evaluation determines tax classification (Independent Contractor, Personal Service Provider, Labour Broker, Dependent Contractor) based on questionnaire answers. Key factors include: - Are you a South African resident? - Do you employ three or more full-time non-connected employees? - Will a connected person render services to Eskom? - Will more than 80% of income come from one client? - Will duties be performed mainly at Eskom premises under Eskom control? - Dominant impression test assessing independence vs employee-like relationship.

This is a tax classification questionnaire (PAYE Questionnaire) for service contractors. It determines whether an Individual, Close Corporation, Company or Trust is classified as an Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor for Employees' Tax (PAYE) withholding purposes. The Pack applies only to contractors supplying services or labour to Eskom Holdings SOC Ltd and its subsidiaries.

Pricing is not addressed; this document concerns tax withholding. For Labour Brokers: - If a valid IRP30 certificate is provided: No Employees' Tax withheld; an IT3(a) certificate with code 3617 issued. - If no valid IRP30 certificate: Employees' Tax withheld at individual tax rates until certificate provided; an IRP5 certificate with code 3617 issued.

Tax withholding depends on classification: - If classified as Independent Contractor/Supplier: No PAYE withheld if conditions met (e.g., employs three or more non-connected full-time employees). - If classified as Personal Service Provider/Dependent Contractor: PAYE will be withheld at prevailing tax rates. - Labour Brokers: If valid IRP30 certificate provided, no PAYE withheld and IT3(a) issued with code 3617. If no valid IRP30, PAYE withheld until certificate provided and IRP5 issued with code 3617.

Tax compliance: Contractors must complete the PAYE Questionnaire to determine tax status. Requirements include: - South African residency (or declaration if non-resident). - Employment of three or more full-time non-connected employees may exempt from PAYE. - Declaration that no connected person will render services to Eskom. - Income concentration test (not more than 80% from one client). - Place of work and control test. - Various affidavits and declarations (Appendices 1-9) must be signed based on questionnaire outcomes.

The evaluation criteria are embedded in the questionnaire questions that determine tax classification. Key questions assess: - Residence status. - Number of employees and whether they are full-time and non-connected. - Whether a connected person will render services. - Income concentration (more than 80% from one client). - Place of work and control/supervision by Eskom. - Dominant impression factors (e.g., payment tied to deliverables, right to sub-contract, risk for quality, provision of tools/office by Eskom). Answers determine whether the contractor is classified as Independent (no PAYE) or a Personal Service Provider/Dependent Contractor (PAYE withheld).

Date issued 2025/11/21

NAME OF ESKOM REPRESENTATIVE: Sipho A Sambo

SIGNATURE: S.A Sambo

Returnable Documents:

• D.1 Form A must be completed and signed.

• D.1 Form A must be completed and signed.

Primary eligibility is contingent on providing the specified Quality Management System documentation demonstrating compliance with ISO 9001:2015 clauses. There is no explicit mention of financial thresholds, B-BBEE levels, or specific energy trading experience in the provided excerpt, though these may be detailed in the full tender documents (Ref: 240-105658000).

PROJECT: The appointment of the Professional Consultant that will provide Energy trading advice and tools needed for the development of an energy trading platform.

Supplier Quality Management: Revision 7

Category 3: Quality Requirements Deliverables to be evaluated indicator = 1

SECTION A: Quality Management System Requirements ISO 9001

• Provide objective evidence of a documented QMS that complies with ISO 9001 (not necessarily certified).
• A.1 QMS Manual or document defining and describing the QMS and its scope.
• A.2 Quality Policy approved by top management.
• A.3 Quality Objectives approved by top management.
• A.4 Control of documented information (document and record control per Clause 7.5 of ISO 9001:2015).
• A.5 Documented information for Control of nonconforming outputs (per Clause 8.7 of ISO 9001:2015).
• A.6 Documented information for Nonconformity and Corrective action (per Clause 10.2 of ISO 9001:2015).
• A.7 Documented information for Internal audit (per Clause 9.2 of ISO 9001:2015).
• Section A Score Option 2: 7 points.

SECTION B: Evidence of QMS in operation (Tender Quality Requirements - Ref 240-105658000)

• B.1 Documented information for defined roles, responsibilities and authorities - Organization chart and Responsibility matrix (must include quality management function/role).
• Section B Score: 2 points.

SECTION C: Contract Quality Plan Requirements (Ref 240-105658000 and 240-109253698).

• Draft a Contract Quality Plan specific to the scope of work as described in the tender documents (referencing ISO 10005).
• Note: Draft Contract/Project Quality Plan has important QA deliverables.
• Section C Score: 1 point.

SECTION D: User defined additional Requirements & miscellaneous (Ref 240-105658000)

• D.1 Form A is completed and signed.
• Section D Score: 1 point.

• The eTendering system is a web-based electronic submission platform for Eskom tenders, replacing physical submissions.
• Suppliers must register with CSD number, email, and cell phone; an OTP is sent for verification.
• Access via TenderBulletin (https://tenderbulletin.eskom.co.za) or eTendering (https://eTendering.eskom.co.za).
• A 'closed tender' functionality exists for selected suppliers who meet criteria, who receive a private bid link via email.
• For system issues, contact the buyer responsible for the published tender.

• For system difficulties with Tender Bulletin, eTendering, or OpenText, contact the buyer responsible for the published tender.
• Automated submission emails may come from [email protected].

• Submit electronically via Eskom's eTendering system at https://eTendering.eskom.co.za.
• You must register on the system first, providing a valid CSD number, email, and cell phone (with +27 prefix).
• Upload tender documents by selecting the correct file type (e.g., Technical, Commercial, Finance).
• Individual file size must not exceed 50MB; total submission must not exceed 900MB.
• After uploading, verify all required documents are uploaded before clicking 'Finalize Submission'.
• You will receive a confirmation email with a submission ID; save this for future enquiries.
• If you encounter difficulties, contact the buyer responsible for the published tender.

• Upload tender documents by giving the file a name, selecting the file type (e.g., Technical, Commercial, Finance), choosing the file, and clicking 'Upload'.
• Ensure all required documents are uploaded under the correct category before finalizing submission.
• Individual file size must not exceed 50MB; total submission must not exceed 900MB.
• After finalizing, you can view submitted tenders under 'My Submissions' and verify documents using 'View Submission'.

1. Must be registered on Eskom's eTendering system 2. Must have a valid CSD (Central Supplier Database) number 3. Must comply with electronic submission requirements 4. Must meet the professional consultant qualifications (implied but not detailed in provided document)

• The eTendering system is a web-based platform for electronic submission of tender documents, replacing manual submissions at Eskom offices.
• Suppliers must register with a CSD number, email, and cell phone to gain access; an OTP will be sent for verification.
• Access via TenderBulletin Public website (https://tenderbulletin.eskom.co.za) or directly via eTendering (https://eTendering.eskom.co.za).
• The system supports uploading documents categorized as Technical, Commercial, Finance, etc.
• Recommended web browser is Microsoft Edge.

• A valid CSD number is required to access the eTendering system.

• The tender may use a 'closed tender' process for selected suppliers who meet the selection and evaluation criteria.
• Suppliers meeting the criteria may be sent a private link via email to bid.

• Appointment of a professional consultant to provide energy trading advice and tools for developing an energy trading platform.
• Contract duration: 12 months.
• Document structure: Part C1 Agreements & Contract Data, Part C2 Pricing Data, Part C3 Scope of Work.

• For NEC3 Professional Services Contract documents: Engineering Contract Strategies, Tel: 011 803 3008, Fax: 011 803 3009, www.ecs.co.za.
• Employer: Eskom Holdings SOC Ltd, Registered office: Megawatt Park, Maxwell Drive, Sandton, Johannesburg.
• No specific tender contact person, email, or submission address provided in the extracted text.

• Submit the completed Form of Offer and Acceptance (C1.1).
• Ensure the form is signed by a duly authorised representative.
• The offer may be accepted by the Employer signing the Acceptance part and returning a copy.
• Failure to provide required securities, bonds, guarantees, or proof of insurance within two weeks of agreement may constitute repudiation.
• Alternative tenders require a separate copy of the Form of Offer and Acceptance.

Consultant must be a legally constituted entity capable of entering into a contract under South African law. Must provide key personnel details (names, jobs, responsibilities, qualifications, experience). If a joint venture/consortium, members are jointly and severally liable. Must have valid B-BBEE status and notify Eskom of any changes. Must not have been involved in prohibited actions (corrupt, fraudulent, coercive, collusive, obstructive). Must provide required securities (performance bond/parent company guarantee if applicable per contract data).

• Scope: Provide energy trading advice and tools needed for the development of an energy trading platform for 12 months.
• Contract documents include Part C1 Agreements & Contract Data, Part C2 Pricing Data, and Part C3 Scope of Work.
• Key personnel details (names, jobs, responsibilities, qualifications, experience) must be provided in Contract Data Part 2.
• Completion date and risk register details will be confirmed at task order level.
• Staff rates must be provided, either in Contract Data or referenced in Part C2.2.
• The Consultant must submit a programme within four weeks of the Contract Date and revised programmes at intervals no longer than two weeks.
• Asbestos exposure controls: The Employer ensures ambient air meets South African asbestos standards; the Consultant may perform parallel measurements at own expense.

• Consultant must provide details of key people (names, jobs, responsibilities, qualifications, experience) in Contract Data Part 2.
• CVs and further key person data may be appended to a Tender Schedule.
• Completion date and risk register details will be confirmed at task order level.
• Staff rates (name/designation and rate) must be provided, either in Contract Data or referenced in Part C2.2.
• Parent company guarantee (Option X4) and performance bond (Option X13) may be required; pro forma documents provided.

• Quality policy statement and quality plan must be provided within two weeks of the Contract Date.
• Asbestos monitoring must be conducted by a SANAS accredited and Department of Employment and Labour approved asbestos inspection authority (AAIA).

• Pricing based on NEC3 PSC3 Option G (Term contract).
• Part C2 Pricing Data includes C2.1 Pricing assumptions and C2.2 Staff rates, expenses, and task schedule.
• Time Charge calculated from staff rates multiplied by staff time.
• Expenses properly spent are added to the amount due.
• Task Schedule includes time-based items (paid via Time Charge) and lump sum items.
• Resource list provided for three scope items: BESS optimization, PPA evaluation, portfolio optimization, specifying required roles (e.g., software developers, financial analysts) and hourly rates.

• Contract uses NEC3 Professional Services Contract Option G (Term contract).
• Pricing is cost reimbursable based on a Task Schedule.
• The Price for Services Provided to Date includes Time Charge for completed time-based items and a proportion of lump sum prices for other items.
• Time Charge is calculated from staff rates multiplied by staff time.
• Expenses properly spent are added to the amount due.
• Payment terms: For contracts below R50 million (incl. VAT), payment within 30 days of tax-compliant invoice submission. For contracts above R50 million, payment within 60 days.
• Currency: South African Rand.
• Interest rate: Standard Bank prime rate.
• Staff rates can be for named staff, categories, or related to salaries; consult NEC3 PSC3 Guidance Notes.
• Expenses must be listed; all other costs must be included in staff rates.

• B-BBEE: Any change in B-BBEE status must be notified to Eskom within seven days, with an updated verification certificate submitted within thirty days. A decrease in B-BBEE status may lead to contract renegotiation or termination.
• Joint ventures/consortia are jointly and severally liable; key person authority must be notified within two weeks of Contract Date.
• Insurance: The Consultant must provide insurances as per Insurance Table A (professional liability, public liability, employer's liability). Certificates must be provided when requested.
• Confidentiality: Consultant must not disclose contract information without permission.
• Tax compliance: Include Eskom's VAT number 4740101508 on invoices.
• Ethics: Prohibited actions (coercive, collusive, corrupt, fraudulent, obstructive) are grounds for termination.
• Nuclear liability: Eskom indemnifies the Consultant for nuclear damage, except due to unlawful intent or unauthorized presence at Koeberg Nuclear Power Station.
• Asbestos compliance: Work in areas with asbestos must follow South African regulations and Eskom's Asbestos Standard; removal must be by a registered asbestos contractor.

• Asbestos exposure limits: Occupational Exposure Limit (OEL) is 0.2 regulated asbestos fibres per ml (4-hour TWA); short-term exposure limit is 0.6 fibres per ml (10-minute TWA).
• Consultant's personnel may stop work and leave if asbestos exposure exceeds safe levels until area declared safe.
• Employer ensures ambient air meets asbestos standards; Consultant may perform parallel measurements at own expense.
• Immediate control measures required if asbestos identified above action level.

• Asbestos removal and disposal must be done by a registered asbestos contractor, instructed and paid by Eskom, in line with South African legislation.
• Contract dates may be extended by notification periods required under Asbestos Regulations 2001.

• Contract based on NEC3 Professional Services Contract (PSC3) with main Option G (Term contract) and secondary options X2, X4, X7, X9, X10, X13, X18, and Z clauses.
• Law of contract: Republic of South Africa.
• Language: English.
• Retention period: Five years following completion or termination.
• Delay damages: R1500 per day for late completion.
• Consultant's total liability limited to the total of the Prices.
• Liability for indirect/consequential loss limited to R0.00.
• End of liability date: five years after completion.
• Confidentiality obligations apply.
• Ethics clause prohibits coercive, collusive, corrupt, fraudulent, or obstructive actions.
• Insurance requirements specified in Insurance Tables A and B.
• Nuclear liability: Eskom indemnifies Consultant for nuclear damage at Koeberg Nuclear Power Station.
• Asbestos management follows Eskom's Asbestos Standard and South African regulations.

• Evaluation of operational and commercial optimization of Battery Energy Storage Systems (BESS).
• Evaluation of Off-taker Power Purchase Agreement (PPA) prices and liabilities.
• Portfolio Optimization for Power Purchases Evaluation.
• Quality assessment: Tenders that do not meet stipulated quality requirements or render poor quality work will be evaluated.
• A quality policy statement and quality plan must be provided within two weeks of the Contract Date.

This is the Eskom Supplier Integrity Pact. It applies to Eskom Holdings SOC Ltd (including subsidiaries) and all existing/potential suppliers. Its purpose is to prescribe ethical behaviour and align procurement with South African laws and constitutional principles of fairness, transparency, equity, cost-effectiveness, and competitiveness. Suppliers must read, complete, sign, and submit the Integrity Declaration Form for each procurement process.

Closing date: 27 June 2023.

For reporting dishonest, fraudulent, or inappropriate behaviour: Email Eskom Ethics at [email protected], Eskom Forensic at [email protected], or call the toll-free hotline 0800 11 27 22.

Returnable Documents: The Integrity Declaration Form must be completed, signed, and submitted whenever participating in any Eskom procurement process.

The pact applies to all existing and potential suppliers (natural or juristic persons) to Eskom Holdings SOC Ltd and its subsidiaries. There are no specific technical or financial thresholds stated in this document; eligibility is contingent on agreeing to and complying with the ethical and procedural standards outlined. Suppliers must be registered or registerable on the Eskom Vendor Database.

The document is an Integrity Pact, not technical specifications for the tender. It defines ethical behaviour and obligations for suppliers and Eskom.

The document does not specify financial requirements for the tender. It mentions avoiding unethical practices like under-pricing, collusion, or bid rigging.

Suppliers must: Read and comply with the Eskom Supplier Integrity Pact. Complete, sign, and submit the Integrity Declaration Form for each procurement process. Complete a Non-Disclosure Agreement (NDA) if required. Disclose any conflicts of interest with Eskom employees/directors. Avoid gifts exceeding R1500.00 value. Report misconduct via [email protected], [email protected], or 0800 11 27 22.

Suppliers may be subject to a supplier discipline process and sanctions for misconduct. Eskom will treat tenderers with fairness, transparency, equity, cost-effectiveness, and competitiveness. Eskom employees/directors must declare interests and avoid conflicts. Gifts must be declared and authorised. Employees/directors with conflicts are excluded from evaluation/negotiation. Eskom may suspend suppliers from the vendor database and forward names to National Treasury for the Restricted Suppliers list. Employees/directors are prohibited from having personal interests in Eskom contracts.

Suppliers must: Read and submit the Integrity Declaration Form. Understand definitions (Conflict of Interest, Director, Employment Equity, Employee, Eskom Registered Vendor, Supplier). Maintain integrity and prevent dishonest practices. Familiarise themselves with Eskom policies. Reject improper practices. Not abuse trust. Enhance professional competence. Align with Eskom's ethical standards. Keep confidential information secret (NDA required). Not misrepresent information. Avoid relationships perceived as unfair. Disclose interests with Eskom employees/directors. Limit gifts to R1500.00. Avoid unethical dealings with Eskom staff. Not collude with other tenderers. Report misconduct via [email protected], [email protected], or 0800 11 27 22.

Submit the following returnable documents:

• Signed acknowledgement of Eskom's SHE rules and requirements (Annexure B).
• Health and Safety Plan addressing project/scope-specific OHS risks, aligned with scope-specific health and safety specifications.
• Baseline SHE Risk Assessment (BRA), including methodology used for risk assessment.
• Valid Letter of Good Standing (COIDA or equivalent).
• SHE policy signed by CEO/MD, complying with OHS Act Section 7.

Returnable documents checklist (mark Y=Yes or N=No):

• Annexure B (signed acknowledgement of Eskom's SHE rules and requirements).
• Health and Safety Plan.
• Baseline SHE Risk Assessment (BRA).
• Valid Letter of Good Standing (COIDA or equivalent).
• SHE policy signed by CEO/MD.

Eligibility requires compliance with all SHE returnable documents listed in Part A. The tenderer must have a valid Letter of Good Standing and a CEO/MD-signed SHE policy. All submissions must align with Eskom's SHE rules and OHS Act requirements.

Compliance requirements include:

• Submission of signed Annexure B (acknowledgement of Eskom's SHE rules and requirements).
• Valid Letter of Good Standing (COIDA or equivalent).
• SHE policy signed by CEO/MD, complying with OHS Act Section 7.

Compliance with OHS Act Section 7 is mandatory.

The tender requires the tenderer to indicate applicable quality categories:

• Pre-contract award quality requirements are applicable.
• Category 3 is selected (refer to clause 3.5.-105658000).
• Only one category must be selected.
• Indicate whether site assessment is applicable.
• Main supplier and sub-supplier capability and capacity assessment is not applicable.
• Post-contract award obligations apply.

Eskom's Quality Representative: Sipho A Sambo, Chief Quality Advisor.

Returnable Documents: The tenderer must complete and sign Form A (240-68099512 Rev 9) to acknowledge and accept Eskom Supplier Quality Requirements as per specification 240-105658000 and ISO 9001 Standard.

Primary eligibility is contingent on the tenderer's QMS. They must: 1) Fall under 'Category 3' for pre-contract assessment (details defined in the referenced Eskom specification). 2) Have a designated Quality Representative to formally accept the terms. 3) Be capable of meeting the ongoing 'Supplier Quality Performance Monitoring' and audit requirements post-award. Failure to complete and sign the quality requirements form (this document) would likely render a bid non-responsive.

Quality and process requirements for the tender:

• Pre-contract award quality requirements are applicable.
• Category 3 (refer to clause 3.5.-105658000) is selected.
• Site assessment applicability must be indicated.
• Post-contract award, Eskom will monitor contract execution and supplier quality performance.
• Eskom retains rights of access, information, preservation, and will conduct quality audits.
• Management of nonconformities and special processes are applicable.
• ISO 9001 clauses 4, 5, 6, 7, 8, 9, and 10 are applicable.

ISO 9001 clauses applicable to the tender:

• Clause 4: Context of the Organisation.
• Clause 5: Leadership.
• Clause 6: Planning.
• Clause 7: Support.
• Clause 8: Operation.
• Clause 9: Performance Evaluation (evidence-based decision making).
• Clause 10: Improvement.

Tenderer must indicate applicable quality clauses:

• Pre-contract award quality requirements are applicable.
• Category 3 is selected.
• Only one category must be selected; indicate site assessment applicability.
• Post-contract award, contract execution and supplier quality performance monitoring are applicable.

No specific compliance requirements (e.g., CSD, tax, B-BBEE) are stated in the provided document. The tenderer must comply with Eskom's Supplier Quality Requirements and ISO 9001 Standard.

Quality requirements form part of the evaluation:

• The tenderer must complete and sign the form accepting Eskom Supplier Quality Requirements.
• Pre-contract award quality requirements are applicable.
• Contract execution and supplier quality performance monitoring will be evaluated.
• Quality audits related conditions are applicable.

Returnable Documents: The tenderer must complete and submit the Annexure B Acknowledgement Form, including:

• Company/Supplier Name
• Name of Authorised person (CEO/Director/Managing Director)
• Signature and Date
• Witness 1 and Witness 2 signatures

Suppliers must demonstrate understanding and capability to comply with OHS legal and Eskom requirements. They must have processes for selecting and managing subcontractors, adequate resources, and may need to provide references or testimonials from previous similar work.

The appointed consultant will be responsible for the appointment of contractors or suppliers for the commencement of work.

The supplier/contractor/tenderer must comply with the following OHS requirements:

• Eskom contractor Health and Safety requirements standards 32-136
• OHS specification/requirements provided
• Occupational Health and Safety Act
• Compensation for Occupational Diseases and Illnesses Act
• After contract award, fully align company processes to Eskom’s OHS requirements (policies, procedures, standards).
• Penalties will be enforced on the main supplier for non-conformance pertaining to Eskom and/or Statutory OHS requirements.
• Ensure all employees (contractors/suppliers) undergo relevant Eskom induction.
• The main contractor/supplier must:

a) Demonstrate to Eskom the process and selection criteria applied when appointing contractors and suppliers.

b) Provide notification to Eskom prior to appointing contractors or suppliers for work commencement.

c) Ensure contractors/suppliers have adequate resources and competencies.

d) Be accountable for managing contractors/suppliers to ensure compliance with applicable legal and Eskom requirements.

e) Monitor contractors/suppliers through audits and assessments regarding OHS compliance during work execution.

f) Provide grounds for termination of work done by contractors/suppliers.

g) Deal directly with non-conformances/non-compliance by contractors/suppliers in terms of performance and penalty processes.

h) Eskom reserves the right to verify and may request copies of testimonials/references and contact details of previous clients (including Eskom) for similar work.

• The tenderer must sign the Annexure B Acknowledgement Form confirming understanding and compliance.

The main contractor/supplier must:

• Demonstrate to Eskom the process and selection criteria applied when appointing contractors and suppliers.
• Provide notification to Eskom prior to the appointment of contractors or suppliers for the commencement of work.
• Ensure contractors/suppliers have adequate resources and competencies.
• Be accountable for the management of its contractors/suppliers to ensure compliance with applicable legal and Eskom requirements.
• Monitor contractors/suppliers through audits and assessments regarding OHS compliance during work execution.
• Provide grounds for the termination of work done by contractors/suppliers.
• Deal directly with non-conformances/non-compliance by contractors/suppliers in terms of performance and penalty processes.
• Eskom reserves the right to verify and may request copies of testimonials/references and contact details of previous clients (including Eskom) for similar work.

{"briefingSession":"{"date":null,"time":null,"venue":"tend a site visit and/or clarification meeting that is cited as being","is_compulsory":true}"}

Site visit and / or clarification meeting 2.16 Tenderers must attend a site visit and/or clarification meeting that is cited as being compulsory in order to familiarise themselves with the proposed work, services or supply, location, etc. and raise questions. Details of the meeting(s) are stated in the Tender Data. Failure to attend such compulsory meeting/site visit will result in the tender being disqualified.

{"name":null,"email":null,"phone":null,"department":"Supply Chain Management","address":"g 2.2 Ensure that Eskom has received the complete original tender and one (1) complete"}

Tender closing time 2.2 Ensure that Eskom has received the complete original tender and one (1) complete hard copy of the original tender at the address and in the tender box or facsimile number or e-mail address specified in the Tender Data by no later than the deadline for tender submission. Proof of posting or of courier delivery will not be taken by Eskom as proof of delivery. Eskom will not accept a tender submitted telephonically or by e-mail, unless stated otherwise in the Tender Data.

Tenderer (or JV) must meet criteria in Tender Data; not be restricted from business with Eskom/State-Owned Companies; cannot subcontract 100% of SOW; must provide proof of CIDB registration if applicable (or proof of application by closing, with registration by award); and must submit mandatory documents by deadline. Tenders based on 100% subcontracting are ineligible.

supply identified in the

specification and/or works

240-62044728 Rev 10 Eskom Standard Identifier

Conditions of Tender Effective Date May 2022

Review Date May 2027

the costs of any testing necessary to demonstrate that aspects of the tender satisfy

the evaluation criteria.

Submitting a 2.7 Check the enquiry documents on receipt and notify the Eskom representative of any

tender discrepancy or omissions of documents. The Acknowledgement Form must be

completed as required and submitted with the tender and must clearly state if the

tender is for the whole or part of the works, services or supply identified in the

specification and/or works information by Eskom

2.8 Return the mandatory tender returnables to Eskom for evaluation purposes by

tender submission deadline, and other tender returnables that are required for

contract award, before contract award, completing without exception; all the forms,

data and schedules included therein. Where any certificate, document, proof of

registration or the like is required to be submitted as a mandatory or other tender

returnable, the tenderer must ensure that Eskom is in possession of a valid, current

and where stipulated, an original certificate/document for the duration of the tender

validity period and, if the tender is successful, up to contract award.

2.9 Submit the tender as a complete original tender, plus one (1) complete hard copy

of the original tender. These tenders must be submitted in English. If one (1)

complete hard copy of the original tender is not submitted, the tender will be

disqualified. Eskom may also require that one (1) additional complete soft copy of

the original tender is required in an electronic format. Tenders may not be written

in pencil and must be completed in ink.

2.10 Sign the original tender. Eskom will hold the signatory named as the person duly

authorised to sign the tender on behalf of the tenderer, liable for the tender.

2.11 Seal the original tender and the copy (ies) of the tender as separate packages

marking the packages as "ORIGINAL" and "COPY". Each package shall state the

Insurance 2.18 Be informed that the extent (if any) of insurance provided by Eskom may not be

for the full cover required in terms of the relevant category listed in the conditions

of contract. The tenderer is advised to seek qualified advice regarding insurance.

Pricing the 2.19 Include in the rates, prices, and the tendered total of the Prices (if any) all duties,

tender taxes (including VAT), and other levies payable by the successful tenderer. Such

duties, taxes and levies are those applicable 14 (fourteen) days prior to the

deadline for tender submission.

2.20 Provide rates and Prices that are fixed for the duration of the contract and not

subject to contract price adjustment except as provided for in the Enquiry.

2.21 State the rates and Prices in South African Rand unless instructed otherwise in

the Invitation to Tender. The selected conditions of contract may provide for part

payment in other currencies. Submit prices in accordance with the exchange rate

and base date as stipulated in the Invitation to tender.

Alterations to 2.22 Not make any alterations or additions to the tender documents, other than for

documents purposes of complying with instructions issued by the Eskom Representative or if

necessary to correct errors made by the tenderer. All such alterations shall be

initialed by all signatories to the tender. Corrections may not be made using

correction fluid, correction tape or the like.

Alternative 2.23 Submit alternative tenders only if a main tender is also submitted, and only if this

tenders is permitted in the Invitation to Tender. Accept that an alternative tender may be

based only on the criteria stated in the Tender Data and as acceptable to Eskom

Clarification and 2.24 Provide clarification and documents as required by the Eskom Representative

correction of during the evaluation of tenders, if not submitted. However, mandatory tender

Prices after returnables (that were required at tender submission deadline) will not be

tender requested and may not be submitted after tender submission deadline.

submission Clarifications may include providing a breakdown of rates or Prices, and may not

result in changes to prices or substance of the tender submitted, except as

required by the Eskom Representative to confirm the correction of arithmetical

errors discovered in the evaluation of tenders. The total of the Prices as corrected

by Eskom with the concurrence of the tenderer, shall be binding upon the

tenderer.

Sign Form of 2.25 Undertake to check the final draft of the contract provided by the Eskom

rates of invoicing are taken into account when determining the Price.

Arithmetical 3.16 Check responsive tenders for arithmetical errors/ discrepancies between

errors amounts in figures and in words, the amount in words shall govern.

points after the evaluation of tender offers with respect to the following

errors/omissions:-

a) the gross misplacement of the decimal point in any unit rate; or

b) omissions made in completing the pricing schedule or bill of quantities, or

c) arithmetical errors due to :-line item totals resulting from the product of

a unit rate and a quantity in a bill of quantities or schedule of prices; or

d) the summation of the prices

240-62044728 Rev 10 Eskom Standard Identifier

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Review Date May 2027

corrected total of prices

Where the tenderer elects to confirm the tender offer as tendered; Eskom will

correct the error as follows:-

d) If a bill of quantities/pricing schedule applies and there is an error in the line

item total resulting from the product of the unit rate and the quantity, the line item

total shall govern, and the rate shall be corrected.

rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

e) Where there is an error in total of the prices either as a result of other

corrections required by this checking process or in the tenderer’s addition of

prices, the total of the prices shall govern and the tenderer shall be asked to revise

the selected item prices (and their rates if bill of quantities apply) to achieve the

tendered total of the prices.

proof/supporting documentation by Tender Closing Deadline; the tenderer will not

be disqualified (if otherwise deemed to be responsive and acceptable in all other

aspects), however, the tenderer will be awarded 80/90 points for Price and will

score zero points for Specific Goals under PPPFA Point allocation.

Ranking of 3.18 According to the PPPFA , Eskom will add the score for Pricing and for

tenders Specific Goals together and rank the suppliers from the highest to the lowest.

Objective criteria 3.19 A contract may be awarded to a tenderer that did not score the highest points only

in accordance with Section 2(1) (f) of the PPPFA Act . If Eskom intends to

apply objective criteria in terms of Section 2 (1) (f), Eskom must stipulate the

applicable objective criteria in the tender documents. Functionality and elements of

basic compliance of tender will render a tender non-responsive. It must further be noted that a tenderer’s failure to provide one (1) complete hard copy of the original tender, will result in the disqualification of the tender from further evaluation. Tenderers will not be permitted to provide one (1) complete hard copy after the tender submission deadline date, and Eskom is not responsible for making copies of original tenders. Mandatory 3.10 A tender that does not include mandatory documents or information as stipulated tender in the Invitation to Tender and by the required deadlines; will be deemed non- returnables responsive. Functionality 3.13 If functionality is a criterion; tenderers are scored against the technical requirements functionality criteria and have to meet the minimum threshold as stated in the Tender Data. Only if this minimum threshold is met/exceeded will the tender be evaluated further. Financial 3.14 Eskom has to determine the risk of doing business with a supplier who may pose analysis financial risks to Eskom in the execution of the contract. During evaluation of the financial statements, Eskom will try to identify mitigating factors/ requirements for the tenderer to meet, if applicable. However, should there be insufficient suitable mitigating factors or the risk is deemed too high; Eskom may disqualify the tender. Evaluation of 3.15 Evaluate the price according to the criteria/requirements set in the Tender Data. Price Factors such as CPA, FOREX, commodity increases, discounts, NPV, forecasted rates of invoicing are taken into account when determining the Price. Arithmetical 3.16 Check responsive tenders for arithmetical errors/ discrepancies between errors amounts in figures and in words, the amount in words shall govern. Check the highest ranked tender/tenderer with the highest number of evaluation points after the evaluation of tender offers with respect to the following errors/omissions

the gross misplacement of the decimal point in any unit rate; or

omissions made in completing the pricing schedule or bill of quantities, or

arithmetical errors due to :-line item totals resulting from the product of a unit rate and a quantity in a bill of quantities or schedule of prices; or

the summation of the prices Eskom will notify the tenderer of all errors/omissions that are identified in the tender offer to either confirm the tender offer as tendered or to accept the Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom Standard Conditions of Tender - January 2023 Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 10 Eskom Standard Identifier Conditions of Tender Effective Date May 2022 Review Date May 2027 corrected total of prices Where the tenderer elects to confirm the tender offer as tendered; Eskom will correct the error as follows

If a bill of quantities/pricing schedule applies and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern, and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

Where there is an error in total of the prices either as a result of other corrections required by this checking process or in the tenderer’s addition of prices, the total of the prices shall govern and the tenderer shall be asked to revise the selected item prices (and their rates if bill of quantities apply) to achieve the tendered total of the prices. Eskom will consider the rejection of a tender offer if the tenderer does not correct or does not accept the correction of errors in the required manner. Evaluation of 3.17 Score the Specific Goals as evidenced by the required supporting documentation. Specific Goals If a tenderer fails to meet Specific Goals and/or submit the required proof/supporting documentation by Tender Closing Deadline; the tenderer will not be disqualified (if otherwise deemed to be responsive and acceptable in all other aspects), however, the tenderer will be awarded 80/90 points for Price and will score zero points for Specific Goals under PPPFA Point allocation. Ranking of 3.18 According to the PPPFA , Eskom will add the score for Pricing and for tenders Specific Goals together and rank the suppliers from the highest to the lowest. Objective criteria 3.19 A contract may be awarded to a tenderer that did not score the highest points only in accordance with Section 2(1) (f) of the PPPFA Act . If Eskom intends to apply objective criteria in terms of Section 2 (1) (f), Eskom must stipulate the applicable objective criteria in the tender documents. Functionality and elements of Contractual Requirements must not be used as objective criteria. Designated materials and thresholds Certain materials are identified by dtic as designated materials and a specified percentage must be bought from local companies. A tenderer’s failure to meet stipulated dtic’s requirement for local support of designated materials will also render the tender non-responsive. Reverse e- 3.20 Reverse e-auction is an electronic price and preference point system (aligned to Auction PPPFA) that aims to achieve the most competitive prices. Eskom reserves the right to utilize reverse e-auction in certain enquiries. Where reverse e-auction is utilized in a specific enquiry this will be indicated in the respective enquiry and the relevant reverse e-auction supporting documents will form part of the enquiry. The Tenderers will be required to submit a complete tender but without prices. Where a supplier includes prices in their tender; these prices will not be considered and be disregarded. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom Standard Conditions of Tender - January 2023 Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 10 Eskom Standard Identifier Conditions of Tender Effective Date May 2022 Review Date May 2027 Acceptance of 3.21 Notify Eskom's acceptance to the successful tender before the expiry of the tender validity period, or agreed additional validity period. Inform the successful and unsuccessful tenderers only once approval has been granted by the Eskom Adjudication Authority. For open tenders, this notification must be published on the Eskom Tender Bulletin and NT e-Tender Portal. Prepare contract 3.22 Revise the contract documents issued by Eskom as part of the Enquiry documents documents to take account of

Addenda issued during the tender period,

Inclusion of some of the tender returnables as stated,

Inclusion of changes as agreed during negotiations,

Other revisions or documents agreed to between Eskom and the successful tenderer during negotiations, Sign Form of 3.23 Arrange for authorised signatories of both parties to complete and sign the original Agreement and one copy of the Form of Agreement. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom Standard Conditions of Tender - January 2023 Template ID: 240-43921804 (Rev 7) Header and Footer portrait template

B-BBEE Details: and Footer portrait template

Document

240-62044728 Rev 10 Eskom Standard Identifier

Conditions of Tender Effective Date May 2022

Review Date May 2027

Proof of 2.26 Where an agent on behalf of a principal submits a tender, an authenticated copy

authority to act of the authority to act as an agent of the tenderer must be submitted as a tender

as agent returnable.

Compliance with 2.27 Comply with relevant legislation such as NT instructions (CSD, etc.), CIDB

relevant regulations for construction works; designated materials according to dti, PPPFA

legislation (NT regulations; Amended B-BBEE Codes, COIDA; OHS Act; Eskom’s requirements for

instructions, Safety, Health, Environment and Quality (SHEQ) etc. and any other applicable

CIDB, PPPFA legislation/regulations as may be set out in Invitation to Tender.

etc)

2.28 Tenderers are required to provide reasonable proof to the satisfaction of Eskom,

that safety, health, environmental and quality (SHEQ) systems, policies and

capabilities are in place at the time of contract award. All costs and personnel

associated with SHEQ should be reflected in the tender for Eskom’s assessment

thereof.

2.29 Where CIDB is applicable; proof of registration on CIDB is mandatory at tender

closing deadline. Should this not be received as stipulated in the enquiry; the

tender will be disqualified. However, in the event that, at tender deadline

submission, only proof of application for registration on CIDB is available, then

this must be submitted by tender closing deadline, while the actual proof of CIDB

registration (printout from CIDB database) must be submitted by contract award.

Contract Skills 2.30 The Contractor shall achieve in the performance of the contract the CSDG

Development established in the CIDB Standar

Contract Skills Development Goal (CSDG) 2.30 The Contractor shall achieve in the performance of the contract the CSDG established in the CIDB Standard for Developing Skills through Infrastructure Contract (Published in GGN36760 of March 2020). CSDG is applicable to all classes of works exceeding R60 million and where the contract duration is 12 months or more or to Professional services/service contract/order where the estimated contract exceed R5 million and where the contract duration is 12 months or more.

240-62044728 Rev 10 Eskom Standard Identifier

Conditions of Tender Effective Date May 2022

Review Date May 2027

Proof of 2.26 Where an agent on behalf of a principal submits a tender, an authenticated copy

authority to act of the authority to act as an agent of the tenderer must be submitted as a tender

as agent returnable.

Compliance with 2.27 Comply with relevant legislation such as NT instructions (CSD, etc.), CIDB

relevant regulations for construction works; designated materials according to dti, PPPFA

legislation (NT regulations; Amended B-BBEE Codes, COIDA; OHS Act; Eskom’s requirements for

instructions, Safety, Health, Environment and Quality (SHEQ) etc. and any other applicable

etc)

2.28 Tenderers are required to provide reasonable proof to the satisfaction of Eskom,

that safety, health, environmental and quality (SHEQ) systems, policies and

capabilities are in place at the time of contract award. All costs and personnel

associated with SHEQ should be reflected in the tender for Eskom’s assessment

thereof.

2.29 Where CIDB is applicable; proof of registration on CIDB is mandatory at tender

closing deadline. Should this not be received as stipulated in the enquiry; the

tender will be disqualified. However, in the event that, at tender deadline

submission, only proof of application for registration on CIDB is available, then

this must be submitted by tender closing deadline, while the actual proof of CIDB

registration (printout from CIDB database) must be submitted by contract award.

Contract Skills 2.30 The Contractor shall achieve in the performance of the contract the CSDG

Goal (CSDG) Contract (Published in GGN36760 of March 2020). CSDG is applicable to all

classes of works exceeding R60 million and where the contract duration is 12

months or more or to Professional services/service contract/order where the

estimated contract exceed R5 million and where the contract duration is 12

months or more.

Contract 2.31 Contractor shall achieve in the performance of the contract the Contract

Participation Participation Goals (CPG) relating to the engagement of targeted enterprise as

Goals (CPG) established in the CIDB standard for Indirect targeting for enterprise development

through Construction works contracts (Published in GN No:36190 of the 25

February 2013)

Contract participation goals is only applicable in Grade 7-9 General Building (GB)

and Civil Engineering (CE) contract where the contract duration is 6 months or

more.

Construction Works contracts in which at least 25% of the main contract could

reasonably be expected to be sub-contracted out in one or more of the following

classes: -

Civil Engineering (CE)

• Electrical Engineering Work (EB)
• General Building Works (GB)
• Mechanical Engineering (ME)

suitable.

Respond to 3.1 Respond to a request for clarification received earlier than the closing time for

clarification clarification of queries. The responses will be published to all tenderers in the

same manner the enquiry documents were issued and it is the tenderers

responsibility to check the Eskom Tender Bulletin and NT e-Tender Portal

regularly for updated responses to clarifications by the Eskom Representative.

Issue Addenda 3.2 If necessary, issue Addenda that may amend, amplify, or add to the Enquiry

documents. If a tenderer applies for an extension to the deadline for tender

submission, in order to take Addenda into account in preparing a tender, Eskom

may grant such an extension and the Eskom Representative shall notify all

tenderers of the extension.

Return late 3.3 Return tenders received after the deadline for tender submission unopened to the

tenders tenderer submitting a late tender. Tenders will be deemed late if they are not

received at the designated facsimile machine or in the designated tender box at

the date and time stipulated as the deadline for tender submission

Tender opening 3.4 Open the tenders in the presence of the tenderers’ representatives who choose

to attend at the time and place stated in the Tender Data. Tenders for which an

acceptable notice of withdrawal has been submitted will not be opened.

3.5 At tender opening, Eskom will announce the names of the tenderers. Prices may

be announced if so stated in the Tender Data.

Non-disclosure 3.6 Unless required to do so by law, not disclose to tenderers, or to any other person

not officially concerned with such processes, information relating to the evaluation

and comparison of tenders and recommendations for the award of a contract, until

after the award of the contract to the successful tenderer.

Grounds for 3.7 Reject a tender after the Eskom Supplier Reconsideration Committee has

rejection established through the Eskom prescribed processes, that there is proof that the

tenderer influenced the processing of tenders or awarding of the contract; that

colluding/ bid rigging or any fraudulent activity has taken place in connection with

the Invitation to Tender.

recorded. For this purpose, ‘in writing’ means hand-written, type-written, printed or

electronically made, and resulting in a permanent record. Communication shall be

in the English language. Eskom takes no responsibility for non-receipt of

communications from or by a tenderer

Eskom's rights 1.6 Eskom may accept or reject any variation, deviation or alternative tender and

to accept or reserves the right to accept the whole or any part of the tender. Eskom may cancel

reject any tender the tender process at any time prior to the formation of a contract and will give written

reasons for the cancellation upon written request to do so. After the cancellation of

the tender process or the rejection of all tenders due to non-compliance with the

thresholds, Eskom may abandon the proposed work and services, have it performed

in any other manner, or re-issue a similar invitation to tender at any time. Eskom, its

subsidiaries, shareholders, advisors, directors, employees, representatives

including the Eskom Representative shall not be liable for any losses, claims or

damages of whatsoever nature or howsoever arising which may be sustained by a

tenderer or any other person as a result of its participation or any amendment,

termination or suspension of the process set out in this Invitation to Tender or its

exclusion from participating in the tender process at any point.

Eskom’s right to 1.7 Eskom reserves the right to enter into mandated negotiations with any one or more

negotiate selected tenderer(s) in accordance with Eskom’s approved procurement policies

and procedures.

Disclaimer 1.8 While Eskom takes all reasonable measures to ensure that all information contained

regarding in the tender documents is correct and complete, Eskom does not, however, make

accuracy of any representations or warranties, express or implied, as to the accuracy or

tender completeness of such information and Eskom expressly disclaims any and all liability

2.12 Seal the original tender and required complete copies together in an outer package

that states on the outside, only the Eskom address and Invitation to Tender

number as stated in the Tender Data. The outer package must be marked

“Confidential”.

Tender validity 2.13 Hold the tender(s) valid for acceptance by Eskom at any time within the validity

period after the deadline for tender submission. Extend the validity period for a

specified additional period if Eskom requests the tenderer to do so. A tenderer

agreeing to the request will not be required or permitted to modify a tender. If

contracts have not been concluded and the tender validity has not been extended

(as prescribed in the Eskom PSCM 32-1034) and lapses; then the tenders are

deemed to be invalid and the procurement process cannot continue. A new

procurement process will have to be initiated.

Confidentiality 2. 14 Treat as confidential all matters arising in connection with the tender. Use and

and copyright of copy the documents provided by Eskom only for the purpose of preparing and

documents submitting a tender in response to this Invitation to Tender.

Standardised 2.15 Obtain, if required, for the purposes of submitting a tender, copies of the latest

specifications revision of standardised specifications and/or other documents, which are not

Eligibility 2.1 Submit a tender only if the tenderer (whether a single company or a structure similar to a Joint Venture) complies with the eligibility criteria stated in the Tender Data and the tenderer, or any of his principals, is not under any restriction to do business with Eskom/State Owned Companies.

the evaluation criteria.

2.8 Return the mandatory tender returnables to Eskom for evaluation purposes by

tender, will result in the disqualification of the tender from further evaluation.

Functionality 3.13 If functionality is a criterion; tenderers are scored against the technical

requirements functionality criteria and have to meet the minimum threshold as stated in the

analysis financial risks to Eskom in the execution of the contract. During evaluation of the

Evaluation of 3.15 Evaluate the price according to the criteria/requirements set in the Tender Data.

Check the highest ranked tender/tenderer with the highest number of evaluation

points after the evaluation of tender offers with respect to the following

relevant regulations for construction works; designated materials according to dti, PPPFA

instructions, Safety, Health, Environment and Quality (SHEQ) etc. and any other applicable

CIDB, PPPFA legislation/regulations as may be set out in Invitation to Tender.

that safety, health, environmental and quality (SHEQ) systems, policies and

Evaluation of 3.17 Score the Specific Goals as evidenced by the required supporting documentation.

Specific Goals If a tenderer fails to meet Specific Goals and/or submit the required

aspects), however, the tenderer will be awarded 80/90 points for Price and will

score zero points for Specific Goals under PPPFA Point allocation.

Ranking of 3.18 According to the PPPFA , Eskom will add the score for Pricing and for

tenders Specific Goals together and rank the suppliers from the highest to the lowest.

Objective criteria 3.19 A contract may be awarded to a tenderer that did not score the highest points only

in accordance with Section 2(1) (f) of the PPPFA Act . If Eskom intends to

applicable objective criteria in the tender documents. Functionality and elements of

Reverse e- 3.20 Reverse e-auction is an electronic price and preference point system (aligned to

Auction PPPFA) that aims to achieve the most competitive prices. Eskom reserves the

• Closing date: 27 January 2025.

• Contact Person: To be provided by the bidder in the acknowledgement form.
• Email address: To be provided by the bidder in the acknowledgement form.
• Telephone: To be provided by the bidder in the acknowledgement form.

• This tender requires the submission of a mandatory 'E-Tendering Training Acknowledgement Form' as a returnable document.
• The form must be fully completed and submitted to Eskom within the prescribed period.
• Failure to submit a fully completed form will render the tender non-responsive and result in disqualification from the procurement process.

• Mandatory Returnable: The 'ACKNOWLEDGEMENT FORM – E-TENDERING TRAINING' must be submitted.
• The form requires completion of:

• Enquiry number.
• Business name or Joint Venture name.
• Contact Person details.
• Landline and cellphone numbers.
• Email address.
• An acknowledgment paragraph confirming self-training via the e-Tendering Noddy Guide, video, or a clarification meeting.
• Authorized signature, designation, and date.

• Failure to fully complete and submit this form to Eskom within the prescribed period will result in the tender being declared non-responsive and disqualified.

To be eligible to submit a bid, the tenderer must first complete and return this mandatory E-Tendering Training Acknowledgement Form, confirming their capability to use Eskom's e-procurement system.

• The tender relates to the appointment of a Professional Consultant to provide energy trading advice and tools for developing an energy trading platform.
• Bidders must complete the 'E-Tendering Training Acknowledgement Form'.
• The form requires acknowledgment that the bidder has undergone self-training via the e-Tendering Noddy Guide, video, or a clarification meeting and is confident in operating the E-Tendering Solution.

• No specific compliance requirements (e.g., B-BBEE, tax) are detailed in the provided document.

• For B-BBEE sworn affidavits, ensure validity: Deponent name and ID number; designation (director/owner/member); enterprise name and address per CIPC; percentage black ownership, female ownership, designated group; total revenue and basis (audited/management); financial year end; B-BBEE status level; empowering supplier status; same date for deponent and Commissioner of Oath signature; Commissioner cannot be employee/ex officio of enterprise.

• Scope: Provision of Energy Trading Platform Optimization.
• The tender involves developing an energy trading platform, including advice and tools.
• Skills development obligations: The successful tenderer must skill one unemployed graduate candidate for every R4 million cumulative spend through purchase orders/instructions.
• Proof of skills development: Submit a letter of competence, proof of attendance, service contract, or certificate of compliance within one month after reaching the R4 million threshold.
• Candidates must be unemployed graduates from South African universities or TVET colleges, representative of national demographics across all provinces.
• Tenderer bears full cost of skills development; Eskom provides no financial contribution. Tenderers are advised to seek grants from SETAs or tax rebates from SARS.

• Skills development may involve SETA-accredited training providers for critical and scarce skills.
• Tenderer bears full cost of skills development; Eskom provides no funding. Seek SETA grants or SARS tax rebates.
• SDL&I Retention: 2.5% of invoice amount (excluding VAT) may be retained for failure to meet SDL&I obligations or submit quarterly reports.

• Successful tenderer must skill one candidate per R4 million cumulative spend.
• Submit proof (letter of competence, attendance proof, service contract, certificate of compliance) within one month after reaching threshold.

• Separate pricing into local and imported components as per Price Schedule.
• Local procurement content = total spend minus imported component.

• Pricing must be separated into local and imported components as per the Price Schedule.
• Local procurement content is defined as total spending minus the imported component.
• Eskom targets 100% local procurement content; tenderers must submit their proposal percentage in the provided table.
• A 2.5% retention will be applied on every invoice (excluding VAT) for failure to meet SDL&I obligations or submit quarterly performance reports.

• B-BBEE: A valid B-BBEE certificate or sworn affidavit is a condition for contract award.
• For Exempted Micro Enterprises (annual total revenue ≤ R10 million): Submit a sworn affidavit.
• For Qualifying Small Enterprises (annual total revenue ≤ R50 million): Comply with all QSE scorecard elements unless at least 51% Black-owned, in which case a sworn affidavit is required.
• For large enterprises (annual total revenue > R50 million): Submit a valid B-BBEE certificate.
• B-BBEE Improvement Plan: Must be submitted within 30 days of contract signing. Specific improvement milestones are required based on your B-BBEE level at award.
• Local Content: Target is 100% local procurement; submit your proposal.
• Subcontracting to Designated Groups: Encouraged to spend on Black-owned (4% target), Black Women-owned (3%), Black Youth-owned (2%), and Black Persons with Disability-owned (1%) enterprises as a proportion of local procurement.
• Job Creation and Retention: Submit proposals for the type and number of jobs to be created and retained in South Africa.
• Skills Development: Submit proposals for skill types/occupations to be upskilled, focusing on unemployed South African graduates.
• SDL&I Reporting: Quarterly performance reports on these obligations are required; non-compliance triggers a 2.5% invoice retention.

• Submit proposals for skill types/occupations to be upskilled.
• Candidates: Unemployed graduates from South African universities/TVET colleges, demographically representative.
• Obligation: Skill one candidate per R4 million cumulative spend.
• Submit proof (letter of competence, etc.) within one month after threshold reached.

• Submit quarterly SDL&I compliance reports using Data Collection Template.
• Eskom reviews within 60 days and notifies if obligations not met.
• If notified, implement corrective measures before next report; otherwise, retention clauses invoked.

• Objective criteria are not mandatory at tender closing but are a condition for contract award.
• Failure to meet objective criteria may lead to award to the second-ranked tenderer.

• 80/20 preference point system: 80 points price, 20 points B-BBEE.
• B-BBEE points: Level 1=20, 2=18, 3=14, 4=12, 5=8, 6=6, 7=4, 8=2, Non-compliant=0.
• Total score = price + B-BBEE points, rounded to two decimals. Highest scorer wins.

Eskom's EDx Change requires a professional consultant to assist in developing an energy trading platform. This is driven by the Electricity Regulation Amendment Act (ERAA), which establishes competitive electricity markets (day-ahead, intraday, balancing). EDx Change aims to be the preferred energy trader and Balance Responsible Party (BRP), handling transactions potentially exceeding R400 billion annually. The consultant must help implement capabilities for high-fidelity forecasting, risk quantification, and industrial-grade execution to lead in the reformed electricity sector.

• End user / requestor: Mathapelo Makgoba.
• Senior Manager: Mutenda Tshipala, General Manager: EDx Change (acting).
• No contact details (email, phone, address) are provided in the document.

While explicit eligibility criteria (e.g., company registration, B-BBEE) are not detailed in the provided scope, the consultant must demonstrate expertise in: 1) Energy market simulation (e.g., PLEXOS or similar tools) and Value-at-Risk (VaR) analytics. 2) Battery Energy Storage Systems (BESS) optimization and dispatch modelling. 3) Power Purchase Agreement (PPA) structuring, pricing, and risk assessment. 4) Portfolio optimization and procurement strategy for diverse energy sources. 5) Algorithmic trading platform development for electricity markets. 6) Knowledge of South Africa's Electricity Regulation Amendment Act and market codes. Proven experience in similar projects and capability to provide training/knowledge transfer are implicit requirements.

The consultant is required to provide professional services for the development of an energy trading platform for Eskom's EDx Change. The scope includes:

• High-fidelity market simulation and Value-at-Risk (VaR) analytics using tools like Plexos for stochastic simulations.
• Evaluation and optimisation of Battery Energy Storage Systems (BESS) for market participation (arbitrage, ancillary services, capacity payments).
• Structuring and evaluation of Power Purchase Agreements (PPAs), including price analysis and liability assessment.
• Portfolio optimisation models and tools for electricity procurement from diverse sources (Eskom, IPPs, DERs, rooftop solar).
• Development and implementation of an algorithmic trading platform for automated, data-driven trading decisions.
• Functional requirements include market forecasting, long-term projections, stochastic modelling, revenue forecasting, and system integration capabilities.
• Implementation is phased over 6-month periods for each component, with detailed plans for BESS optimisation, PPA evaluation, portfolio optimisation, and algorithmic trading.

The consultant must follow a phased implementation methodology:

• Phase 1 (0-6 months) focuses on foundational capabilities before market go-live, covering BESS optimisation, PPA evaluation, portfolio optimisation, and algorithmic trading.
• For BESS optimisation: project initiation, market participation analysis, advanced modelling, PPA framework evaluation, integration/risk review, and finalisation.
• For PPA evaluation: data collection, structure/price decomposition, risk assessment, scenario modelling, contract adjustment, and final recommendations.
• For portfolio optimisation: analysis of DET's procurement needs, development of optimisation models/tools, platform evaluation, integration with ETRM/VPP systems, and handover.
• For algorithmic trading: legal compliance, data infrastructure setup, strategy research, platform component development, testing, and execution.
• Training/knowledge transfer is required to address skills gaps in market simulation and VaR analysis.

The consultant must deliver high-quality, industrial-grade outputs, including:

• High-fidelity foresight of prices, congestion, and imbalances at hourly resolution.
• Rigorous quantification of exposure to price spikes, renewable forecast error, and counterparty credit risk.
• Electricity-market simulation and Value-at-Risk (VaR) analytics using Plexos-based stochastic simulations.
• Dispatch optimisation for Battery Energy Storage Systems (BESS) with automatic recognition of constraints (state-of-charge, degradation budgets).
• Detailed process flows, master process manuals, and standard operating procedures for trading processes.
• Integration of forecasted System Marginal Price (SMP), DER output, and load profiles into optimisation logic.
• Testing and validation of models with historical data and stakeholder involvement.

The document does not include a pricing schedule for bidders. It details financial analysis the consultant must perform:

• Assessment of revenue risk and return for DET under various PPA options.
• Benchmarking of BESS PPA pricing models (e.g., capacity payments in ZAR/kW-month).
• Scenario modelling for availability-based and hybrid PPA structures.
• Financial exposure analysis under different utilisation and performance scenarios.
• Price decomposition of PPA components (fixed, variable, performance-linked).

The document does not specify pricing formats, bonds, guarantees, or payment terms for bidders. It focuses on the financial analysis the consultant must perform, including:

• Assessment of revenue risk and return for DET under various PPA options.
• Benchmarking of BESS PPA pricing models (capacity payments in ZAR/kW-month).
• Scenario-based financial exposure analysis for DET under different market and performance conditions.
• Financial risk and sensitivity analysis on DET’s BESS investment strategy.
• Modelling of cost recovery under different contract structures.

No specific compliance requirements (e.g., CSD, tax, B-BBEE, CIDB, CIPC, professional registrations) are stated in the document. The consultant's work must align with regulatory frameworks, including:

• Adherence to the Electricity Regulation Amendment Act (ERAA), grid code, and market code.
• Ensuring trading license acquisition and compliance checklist for market participation.
• Legal review of BESS PPA liabilities and enforceability.

The consultant's work will involve analysing and drafting Power Purchase Agreement (PPA) terms, including:

• Review of PPA structures: capacity vs. energy vs. availability payment components, fixed vs. variable price mechanisms, performance incentives/penalties.
• Risk and liability mapping: non-delivery penalties, system operator dispatch overrides, curtailment clauses, compensation for unutilised capacity.
• Scenario-based financial exposure analysis for DET under low utilisation, curtailment, or plant failure.
• Contractual remedies: indexation clauses (inflation, market-linked), performance rebates, dispute resolution procedures.
• Alignment of liability clauses with the ERA Act, grid code, and market code.
• Legal review for enforceability and precedent risks.

Functional requirements for the consultant's deliverables include:

• Market simulation and VaR analysis: Must simulate short- to medium-term market conditions, produce hourly price forecasts, incorporate demand forecasts, generation availability, fuel costs, transmission constraints, and regulatory pricing mechanisms.
• Long-term market projections: Scenario-based simulations for 1 to 20 years based on policy changes and investment decisions.
• Stochastic modelling: Using Monte Carlo simulations for plant outages, renewable generation variability, fuel price fluctuations, and demand variability.
• Revenue forecasting: Expected revenue under different market scenarios, quantifying risk-adjusted revenue.
• System integration: Ability to ingest historical data, market prices, and forecast inputs; support automated data refresh and scheduled runs; run multiple simulations in parallel; maintain audit trails.
• Reporting and visualisation: Generate reports on market-clearing volumes/prices, hourly forecasts, stress test results, VaR, and scenario comparisons.