Repair of the ash dam filter drains and piezometers at matla power station near kriel, mpumalanga, to restore ash dam stability, covering site establishment, a test pilot, the drainable pavement system, drainage pipe and geotechnical tests and reports. The work is let under the nec3 engineering and construction contract (april 2013) as a priced contract with an activity schedule, so the contractor prices the works as lump sums and carries 5% retention, delay damages of 2% of order value per week and a defects liability period of 52 weeks after completion. Bidders must also fund corporate social investment equal to 2% of contract value and draw non-skilled labour from the kriel community. The decisive consideration is that the activity schedule, key-person cvs and guarantee pro formas must be completed in full, because the lump sum is not re-measured and only a compensation event changes the prices.
Key Requirements
Closing: bids close on 16 November 2026 at 08:00.
Contract form: NEC3 Engineering and Construction Contract (April 2013), main Option A priced contract with activity schedule, with secondary options X2, X7, X16, X17, X18 and additional conditions Z1 to Z15.
Pricing: the contractor prepares the activity schedule; lump sum activity prices are not adjusted for quantity differences and only a compensation event changes the Prices. The offer states the total excluding VAT, VAT at 15% and the total including VAT. Delay damages are 2% of total order value per week, capped at 5% of order value. Liability for indirect or consequential loss is R0.00 and total liability is capped at the total of the Prices, except excluded matters which are unlimited.
Retention and guarantees: 5% retention on every payment, half released at completion and half after 52 weeks; a Retention Money Guarantee in the stated pro forma may replace retention, and an SDL&I Guarantee is required. Contractor insurances must be in place per Insurance Table A.
Returnable documents: signed Form of Offer and Acceptance, Contract Data Part 2 (contractor name and address, direct and subcontracted fee percentages, working areas, completion date, key persons with qualifications, experience and CVs), and the pro forma guarantees.
Local obligations: spend 2% of contract value on CSI projects listed by Matla Power Station, develop skilled labour at Kriel and hire non-skilled employees from the Kriel community.
B-BBEE: notify Eskom within 7 days of any change in B-BBEE status and submit an updated verification certificate and supporting documents within 30 days; a decrease in status may lead to renegotiation or termination.
Document read. The full tender notice and its supporting documents are read end-to-end. Key sections, requirements, dates, and contact details are identified and pulled into a working summary you can act on.
Compliance review. The working summary is checked against South African procurement standards — PFMA, PPPFA, B-BBEE, CIDB, local content, and preferential procurement — so nothing critical is missed before you start your bid response.
Procurement Rules & Compliance ContextThis tender may be governed by South African public procurement rules covering fairness, transparency, preferential procurement, anti-corruption, administrative justice and access to information.
7 rules
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
Core procurement rules
These rules commonly apply to South African public-sector procurement.
7
Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
high
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Constitution of the Republic of South Africa, 1996 – Section 217
Act 108 of 1996 (s217)
high
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Eskom requires the repair of ash dam filter drains and piezometers at Matla Power Station in Mpumalanga to improve ash dam stability. The tender is subject to mandatory and functionality evaluations, and only shortlisted bidders will proceed to safety document evaluation.
Repair and improvement of the ash dam filter drains and installation of new piezometers at Matla Power Station to enhance ash dam stability. The work includes installing 60 horizontal HDPE drainage pipes (12 pilot drains initially, then 48 more if the pilot is successful), a drainage collection system, and supplying and installing vibrating wire piezometers with data logging and web-based monitoring across four benches of the ash dam.
Eskom Matla Power Station requires a Civil Engineering contractor to refurbish gravel roads at the New and Old Ash Dam facility, including grading, blading, and re-gravelling of access roads. The work aims to address water ponding and slippery conditions caused by road surfaces having been graded below natural ground level over time.
Repair of ash dam filter drains and piezometers to improve ash dam stability at an Eskom facility in Mpumalanga. The work includes preliminary and general items, piezometer provision and connection, a trial section covering 12 drains, and implementation of the remaining 48 drains, with quantities for drilling, installation, excavation, and junction connectivity.
Repair of ash dam filter drains and piezometers at Eskom's Matla Power Station in Kriel, Mpumalanga, to improve ash dam stability. The contract is an NEC3 Engineering and Construction Contract (Option A: Priced contract with activity schedule) with a 52-week defects date and specific key dates including site establishment, test pilot, drainable pavement system, drainage pipe, and geotechnical tests. Bidders must complete the Contract Data Part 2 and comply with Eskom's additional conditions, including CSI spending and local labour requirements.
Repair of ash dam filter drains and piezometers to improve ash dam stability at an Eskom facility in Mpumalanga. The scope includes environmental management, waste management, and compliance with Eskom's environmental requirements.
Repair of ash dam filter drains and piezometers to improve ash dam stability at an Eskom site in Mpumalanga. The contract includes pre-contract award quality requirements (Category 3) and post-contract award quality obligations, with the tenderer required to submit a draft Contract Quality Plan and a Quality Control Plan/ITP.
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Bid-ready summary. The submission guidelines, evaluation criteria, technical, financial, and compliance sections are refined into professional, easy-to-scan prose. This is the final version you can rely on when preparing your bid or briefing your team.
We refine every tender document through these stages so you can brief your team and prepare your bid with confidence. Anything marked as "in progress" will be upgraded automatically — no action required from you.
Environmental deliverables required for the ash dam filter drain and piezometer repair works:
Environmental Management System, aligned to ISO 14001, covering: environmental policy; objectives and targets; aspects and impacts register; emergency preparedness; non-conformance, corrective and preventive action; roles and responsibilities.
Environmental Management Plan covering: handling of hazardous chemical substances; site establishment; water management; access control; environmental human resources; environmental training; environmental incident reporting; compliance with other legal requirements; a method statement tied to the scope of work.
Waste Management Plan covering: procedure or method statement; a register of waste likely to be generated by the project; waste segregation; waste minimisation; records of waste quantities disposed (template provided); applicable legislative requirements.
Environmental Bill of Quantities, priced to include environmental costs such as the purchase of waste bins.
Contractor's commitment and indemnity letter.
Quality Management
Source: ENVIRONMENTAL RREQUIREMENTS .pdf
Environmental Management System requirements
The bidder must provide an Environmental Management System, benchmarked to ISO 14001.
System content: environmental policy; objectives and targets; aspects and impacts register; emergency preparedness arrangements; non-conformance, corrective action and preventive action procedures; defined roles and responsibilities.
Environmental Management System, aligned to ISO 14001 (policy, objectives and targets, aspects and impacts register, emergency preparedness, corrective and preventive action, roles and responsibilities).
Environmental Management Plan, including a method statement linked to the scope of work.
Waste Management Plan, including a waste register, segregation and minimisation measures, and disposal records.
Priced Environmental Bill of Quantities.
Contractor's commitment and indemnity letter.
No CSD registration, tax compliance, B-BBEE level or CIDB grading requirement is stated in this document.
Health & Safety
Source: ENVIRONMENTAL RREQUIREMENTS .pdf
Environmental Management Plan content
Handling of hazardous chemical substances.
Site establishment arrangements.
Water management.
Access control.
Environmental human resources and environmental training.
Environmental incident reporting.
Compliance with other legal requirements.
A method statement covering the scope of work.
Environmental
Source: ENVIRONMENTAL RREQUIREMENTS .pdf
Waste Management Plan
A procedure or method statement must be submitted.
A register of the waste types the project is likely to generate.
Waste segregation measures.
Waste minimisation measures.
Records of waste quantities disposed, using the provided template.
Identification of the legislative requirements that apply.
Environmental Bill of Quantities
Environmental costs must be priced, including items such as the purchase of waste bins.
Commitment
The contractor must submit a commitment and indemnity letter.
DocumentACTIVITY SCHEDULE.pdfReview complete
Description
Source: ACTIVITY SCHEDULE.pdf
Measured activity schedule for repairing ash dam filter drains and installing piezometers to improve ash dam stability.
Work is split into four priced sections: preliminaries and general, piezometer and APP, a 12-drain trial, and implementation of the remaining 48 drains.
The programme runs 16 months, reflected in monthly items for staff transport, accommodation, works management and APP sign-off.
Drain sections are priced inclusive of labour and material.
Technical Specifications
Source: ACTIVITY SCHEDULE.pdf (unknown)
Scope: repair of ash dam filter drains and installation of piezometers to improve ash dam stability, priced as a measured schedule of quantities with labour and material included.
Preliminaries and general (16-month programme)
Site establishment and de-establishment: lump sum each.
Safety file: lump sum.
Police clearance for personnel: lump sum.
Medicals for personnel: lump sum.
Compliance with all SHEQ requirements: lump sum.
Staff transportation: 16 months.
Staff accommodation: 16 months.
Management of the works: 16 months.
Piezometers
Provision of an APP (approved professional person) to sign off the work: 16 months.
Supply and connection of piezometers: lump sum.
Trial phase — 12 drains (labour and material included)
Clearing and drilling for machines: 600 m.
Setting up at each point: 12 m.
Drilling and installation: 600 m.
Excavation for connection lines: 240 m.
Installation of connection lines: 240 m.
Junction connectivity: 60 units.
Implementation phase — remaining 48 drains (labour and material included)
Clearing for drilling machines: 960 m.
Setting up at each point: 48 m.
Drilling and installation: 2 440 m.
Excavation for connection lines: 960 m.
Installation of connection lines: 960 m.
Junction connectivity: 200 units.
Financial Requirements
Source: ACTIVITY SCHEDULE.pdf (unknown)
Pricing format: measured activity schedule with columns for unit, quantity, rate and amount; bidders insert rates and extended amounts per line and per section subtotal.
Section subtotals required for preliminaries and general, piezometer and APP, the 12-drain trial, and the 48-drain implementation phase.
Totals required excluding VAT, VAT, and including VAT.
Rates must cover labour and material for the drain sections.
No bid security, guarantee, retention or payment terms are stated in this schedule.
Compliance Requirements
Source: ACTIVITY SCHEDULE.pdf (unknown)
Requirements carried in the activity schedule
Safety file to be provided (lump sum item).
Police clearance for personnel (lump sum item).
Medicals for personnel (lump sum item).
Full adherence to all SHEQ requirements for the duration of the works.
An approved professional person (APP) must be provided to sign off the work, priced over 16 months.
No CSD, tax, B-BBEE, CIDB or local content thresholds appear in this schedule.
Health & Safety
Source: ACTIVITY SCHEDULE.pdf
Safety and personnel requirements priced in the preliminaries section
Safety file: lump sum.
Police clearance for personnel: lump sum.
Medicals for personnel: lump sum.
Adherence to all SHEQ requirements throughout the contract: lump sum.
Staff transportation and accommodation provided for the full 16-month duration.
DocumentSCOPE OF WORK .pdfReview complete
Description
Source: SCOPE OF WORK .pdf
Matla Power Station requires additional horizontal filter drains and new vibrating wire piezometers at its Ash Dam Facility to improve dam stability. The drains relieve the phreatic surface; the piezometers provide real-time phreatic level and safety factor data. Work is phased: a 12-drain pilot is monitored for a month before the Employer decides on the remaining 48 drains. The contractor carries the drainage design and all temporary works design, signed off by an ECSA-registered engineer.
Technical Specifications
Source: SCOPE OF WORK .pdf (unknown)
Scope — Matla Power Station Ash Dam Facility
Install additional horizontal filter drains and supply and install vibrating wire piezometers to improve ash dam stability.
Drain positions to be agreed between the contractor and the Employer.
Contractor must design the drainage system for the Matla Ash Dam Facility; drawings must be signed by an ECSA-registered Pr Civil Engineer.
Pilot phase: 12 drains, each at least 50 m long, at the toe and the first bench (1563 mamsl), sited between piezometer line 2 and line 10 at 20 m spacing.
Pilot drains are monitored for one month; the Employer then decides whether the remaining 48 drains proceed.
Remaining drains installed in phases, with the most critical areas first.
Waste from drain installation disposed of at a location the Employer nominates.
Drain construction
110 mm diameter perforated HDPE pipe with a factory-fitted geotextile filter surround, installed horizontally at a minimum 3° slope for gravity flow.
Toe drains discharge into the existing solution trench through a 110 mm unperforated HDPE outlet pipe.
Bench drains discharge into a drainage collection system.
Collection system: 160 mm diameter perforated HDPE collector pipe with downpipes carrying water to the existing solution trench without recharging the phreatic surface.
Rodding eyes: 110 mm Y-junctions at the end of each drain outlet pipe and at the end of each collector pipe.
Geotextile: A4 Bidim or similar approved product, selected against the FHWA (1992) Drainable Pavement Systems criteria — soil retention, permeability, clogging resistance and durability.
Installation method
Horizontal directional drilling to the required length.
Temporary casing inserted as drilling progresses to prevent the hole collapsing.
Drill head withdrawn, drainage pipe with geotextile surround inserted, casing withdrawn, outlet end plugged.
Collection system then installed to take the discharge.
Piezometers
Four sets of four automated electronic piezometers, one set on each of the four benches, with vibrating wire tips hydraulically pushed to the required depth.
Tip depths for each of the four sections set from the CPTu results in geotechnical report MG23/195/rev.03.
System must include a data logger, wireless gateway/router, configuration, application software, network management software, data management software and hardware (portable/mobile workstation); web-based.
Data logger must transmit a radio signal over an open field range of 10 km.
Contractor, together with the Eskom electrical system engineer, must identify the nearest power point and carry out the modifications needed to power the piezometers, including cabling and protection.
Submit all schematic diagrams, cable schedules, cable block diagrams and single lines.
Specific locations per the appendix.
Design responsibility
Contractor designs all temporary works required for the works.
All designs, design reports and construction drawings signed off by an ECSA professionally registered technologist or engineer carrying full professional accountability.
Contractor must meet the designer duties in Construction Regulations 2014, regulations 6(1)(a)–(j) and 6(2)(a)–(d).
Contractor must flag design risks to the Employer with mitigation measures and carry out construction monitoring sufficient to certify the works match the design.
Quality Management
Source: SCOPE OF WORK .pdf
Quality management
Contractor draws up all QCP hold-point documentation; Engineering approves it and the Quality Department authorises it before work starts.
QCPs signed progressively by the Engineer/Supervisor, Eskom QC Inspector, Contractor QC Inspector and/or AIA.
No outage items procured and no scope executed without quality-approved scopes; scope creep and additions also need quality approval.
Contractor is subject to quality audits at any time during execution.
Data books, reviews, reports and drawings/diagrams submitted to Engineering on completion, then forwarded to Quality (Document Control).
The number of NCRs raised can affect the contractor's future tenders.
Work to the scope, approved drawings and SANS standards.
Financial Requirements
Source: SCOPE OF WORK .pdf (unknown)
Pricing
Bill of materials to be priced by material/spares/equipment description, stock number, part number and required quantity.
Payment
Final payment is released only once the last housekeeping check sheet for the designated area (Annexure C: OMOP 4402) has been signed off.
Compliance Requirements
Source: SCOPE OF WORK .pdf (unknown)
Statutory and site compliance
OHS Act, Matla plant procedures and Plant Safety Regulations (240-150642762).
Matla Power Station SHEQ induction completed before site access.
Health and safety file approved by the safety risk management department before any work starts.
Environmental authorisation under the NEMA EIA Regulations, as amended, in place before work starts.
ISO 14001-based environmental management system file.
ISO 9001:2015 quality management system; compliance with QM 58 and OMOP 4497.
SANS and DWS requirements for the drain works.
Reinforcing steel to SABS 920 or 4449 and 4461; bending to SABS 82.
Concrete mix designs submitted for client approval before any concrete work.
Designs signed by an ECSA-registered professional.
Contractor staff must be competent for the tasks they perform.
Contractor must track updated legal and other requirements.
Health & Safety
Source: SCOPE OF WORK .pdf
Health and safety
Health and safety file approved by the safety risk management department before work starts.
Work under the OHS Act, Matla plant procedures and Plant Safety Regulations (240-150642762).
SHEQ induction at Matla before site access.
Work area securely barricaded with solid barricading.
Risk assessment before work, with all hazards communicated to the workers.
PPE worn at all times as indicated on the safety signage.
No work without the responsible supervisor present.
All incidents reported to the Eskom Supervisor, Construction Health and Safety Agent and Eskom SHE Manager/Officer, regardless of severity.
Employees must be competent for their tasks.
Environmental
Source: SCOPE OF WORK .pdf
Environmental management
Environmental authorisation under the NEMA EIA Regulations, as amended, before work starts.
Compliance with all applicable legal and other requirements; the polluter pays principle applies.
Contractor manager to follow Eskom Matla environmental procedures OMOP 4090 and 4402 to prevent pollution.
ISO 14001-based EMS file required.
Diesel- or petrol-driven equipment placed in drip trays.
Waste streams identified, listed and managed accordingly.
Environmental incidents reported to Eskom immediately.
Final payment depends on the last housekeeping check sheet (Annexure C: OMOP 4402) for the designated area.
DocumentInvitation to Tender (ITT).pdfReview complete
Description
Source: Invitation to Tender (ITT).pdf
Eskom Holdings SOC Ltd invites tenders for the repair of ash dam filter drains and piezometers at Matla Power Station, Mpumalanga, to improve ash dam stability.
Contract period: twelve (12) months.
Tender documents are issued free of charge and are downloadable from the Eskom Tender Bulletin.
Submitting a tender is treated as acceptance of Eskom's Standard Conditions of Tender, available at www.eskom.co.za.
The Tender Data takes precedence over the Standard Conditions of Tender where the two conflict.
The tender covers the whole of the contract; it is not split into lots.
This is an open invitation to tender.
Important Dates
Source: Invitation to Tender (ITT).pdf (RFP)
Closing
Date: 19 June 2026
Time: 10:00
Late tenders are not accepted.
Clarification meeting (non-compulsory)
Date: 8 June 2026
Time: 14:00 to 15:00
Venue: Microsoft Teams, meeting ID 366 145 625 275 019, passcode nJ6QZ3wE
Bidders intending to attend must confirm with the Eskom Representative and give the name, position and contact details of each attendee.
Query deadlines
Clarification queries close 10 June 2026, five working days before the submission deadline.
Requests for a closing date extension must be lodged by 5 June 2026.
Tender validity
84 days or 12 weeks from the closing date and time.
Electronic only, via the Eskom Tender Bulletin e-tendering page. No hard copies are accepted.
Upload documents into the folders marked Technical, Commercial, Financial and Other.
All files must be in PDF, including the price list.
Size limits: 500 MB per document, 4 GB for the whole submission.
Zipped or condensed files are not accepted.
The submission status must read as complete before the deadline.
If a bidder resubmits, only the latest version is considered; earlier uploads become void.
No public opening takes place; tenders are downloaded electronically and prices are not read out.
Late submissions are rejected.
Returnables due at closing — omission or missing signature disqualifies
Annexure A: Authorisation Form, naming the signatory empowered to bind the bidder, with a certified board, members', trustee or JV resolution attached.
Annexure B: Acknowledgement Form.
Annexure C: Tenderer's Particulars.
Annexure D: Integrity Pact Declaration, signed after reading the Eskom Supplier Integrity Pact.
Annexure E: CPA requirements for local goods and services.
Annexure F: CPA(IG) for imported goods and services, where applicable.
Annexure G1 to G4: SBD 6.2 local production and content declaration plus the summary, imported content and local content schedules, where designated materials apply.
Annexure H: SBD 1 Invitation to Bid, completed by every bidder including foreign suppliers.
Annexure J: SBD 4 bidder disclosure of interests.
CIDB proof of the required grading for the main contractor and any JV partner or subcontractor.
Completed NEC3 contract and pricing schedule or bill of quantities in PDF.
Electronic copy of the full tender in PDF.
Returnables that may be cured within 5 working days of a written request
Annexure I: SBD 6.1 preference points claim under the PPPFA 2022 regulations.
Tax clearance certificate, CSD profile or SARS PIN where not already supplied.
Tax evaluation questionnaire on personal service provider status, where issued.
Employment Equity Act compliance proof for designated employers, South African bidders only.
COIDA certificate of good standing or proof of application, South African bidders only.
Quality, safety and environmental returnables called for by the scope of work.
Additional registrations such as ECSA, SACPCMP, CVs, permits or licences where the scope requires them.
Scored but not disqualifying
Proof of specific goals claim: a bidder that omits it scores zero for preference points but is not disqualified.
Due before contract award
CSD registration number or CSD report.
Latest approved annual financial statements of the bidding entity itself, with director's, auditor's or accounting officer's report, the full set of statements and notes.
Signed public interest score for unaudited South African entities, plus ITA34C returns for the current and previous years of assessment.
For an unincorporated JV or SPV, each partner submits its own financial statements.
Joint venture extras
Letter of intent or JV agreement setting out each partner's rights, obligations and profit share.
Written confirmation that the JV will operate as a single incorporated business for the contract term.
Confirmation of one designated bank account in the JV's name, independent of the individual partners.
Evaluation Criteria
Source: Invitation to Tender (ITT).pdf (RFP)
Stage 1 — mandatory technical screening
Pass or fail against the mandatory technical requirement.
A fail results in immediate disqualification, with no further evaluation.
Stage 2 — functionality
Qualitative technical evaluation weighted 100%.
Minimum qualifying score: 70%.
Bidders scoring below 70% are disqualified.
Stage 3 — price and specific goals
Price scored out of 80 or 90 points; specific goals scored out of 20 or 10 points under the PPPFA.
The applicable 80/20 or 90/10 split is set by the lowest acceptable tender.
Price is evaluated VAT-inclusive, after correction of arithmetic errors, excluding contingencies in any bill of quantities or activity schedule, adjusted for acceptable deviations, and compared on net present value where a programme and price adjustment factors apply.
Unconditional discounts count in evaluation; conditional discounts do not, but are applied at payment.
B-BBEE points by status level (90/10 system / 80/20 system)
Level 1: 10 / 20
Level 2: 9 / 18
Level 3: 6 / 14
Level 4: 5 / 12
Level 5: 4 / 8
Level 6: 3 / 6
Level 7: 2 / 4
Level 8: 1 / 2
Non-compliant: 0 / 0
No evidence of the specific goals claim means zero points for that goal, not disqualification.
Ranking and award
Price score plus specific goals score are added and bidders ranked highest to lowest.
Objective criteria apply: Eskom may award to a bidder other than the highest scorer where objective criteria justify it.
Local content thresholds: cement 100%, steel components 100%, bolts and nuts 100%.
Contractual requirements such as CSD and CIDB are not scored; they are verified after ranking and before award.
Technical Specifications
Source: Invitation to Tender (ITT).pdf (RFP)
Scope
Repair of the ash dam filter drains and piezometers at Matla Power Station to restore and improve ash dam stability.
Contract period: twelve (12) months.
Contract form: NEC3 Engineering and Construction Contract, main option A1 (priced contract with price list) and W1 dispute resolution, with secondary options X2 changes in law, X7 delay damages, X17 low performance damages, X20 key performance damages and Z additional clauses.
Health and safety
A health and safety file must be approved by Eskom's safety risk management department before any work starts on site.
Work must follow the OHS Act, Matla plant procedures and Plant Safety Regulations (240-150642762).
Matla SHEQ induction is a precondition for site access.
The contractor must ensure every employee holds the competency required for the task and must track updated legal requirements.
Environmental
Activities listed under NEMA and the EIA Regulations require environmental authorisation before work begins.
The polluter pays principle applies.
Eskom Matla environmental procedures OMOP 4090 and 4402 must be followed to prevent pollution.
An environmental management system file based on ISO 14001 is required.
Final payment is released against the last housekeeping check sheet (Annexure C, OMOP 4402) for the designated area.
Quality
The contractor prepares all quality control plan documentation, which engineering must approve and the quality department must authorise before work starts.
QM 58 and OMOP 4497 requirements apply.
The QCP is signed progressively by the Engineer or Supervisor, the Eskom QC inspector, the contractor QC inspector and/or the AIA.
No outage items may be procured and no scope may be executed without quality-approved scopes; outage scope creep and additions need quality approval.
The contractor is subject to quality audits at any point during execution.
Non-conformance reports raised against a contractor can affect its future tenders.
Methodology
Source: Invitation to Tender (ITT).pdf
Submission mechanics
Tenders are uploaded to the Eskom Tender Bulletin e-tendering page, filed under Technical, Commercial, Financial and Other.
All documents, including the price list, must be PDF; 500 MB per document and 4 GB total.
Zipped files are not accepted and no hard copy is accepted.
The submission status must show as complete.
On resubmission only the latest version counts; earlier versions are void.
Opening
No public opening; tenders are downloaded electronically and prices are not read out.
Basic compliance
Meet the eligibility criteria.
Submit a complete tender with commercial, financial and technical information.
Submit the mandatory commercial returnables by the stated deadlines; failure renders the tender non-responsive.
Quality Management
Source: Invitation to Tender (ITT).pdf
Quality control plan
The contractor compiles all QCP documentation; engineering approves it and the quality department authorises it before work starts.
The QCP is signed progressively by the Engineer or Supervisor, the Eskom QC inspector, the contractor QC inspector and/or the AIA.
Standards
QM 58 and OMOP 4497 requirements apply.
Scope control
No outage items may be procured without quality-approved scopes.
Outage scope creep and scope additions require quality approval.
No contractor may hold scopes for execution without quality approval.
Audit and consequence
The contractor may be quality audited at any time during execution.
The number of non-conformance reports issued against a contractor can affect its future tendering.
Pricing Schedule
Source: Invitation to Tender (ITT).pdf
Pricing documents
A completed pricing schedule or bill of quantities must be submitted in PDF, unless it is already contained in the NEC contract.
The contract is NEC3 option A1, a priced contract with price list.
Evaluation of prices
Evaluated VAT-inclusive, corrected for arithmetic errors, excluding contingencies in any bill of quantities or activity schedule, adjusted for acceptable deviations, and compared on net present value where a programme and price adjustment factors apply.
Unconditional discounts are taken into account; conditional discounts are not, but are applied at payment.
Cataloguing
Where cataloguing is required, the pricing schedule must include a line item for it; Eskom pays for cataloguing.
Alternatives
Alternative tenders are not allowed.
Financial Requirements
Source: Invitation to Tender (ITT).pdf (RFP)
Pricing
A completed pricing schedule or bill of quantities must be submitted in PDF, unless already contained in the NEC contract.
Pricing is on a priced contract with price list (NEC3 option A1).
Where cataloguing is required, the pricing schedule must carry a line item for it; Eskom pays for cataloguing.
Alternative tenders are not permitted.
Payment terms
Contracts below R50 000 000 including VAT: payment within 30 days of receipt of undisputed invoices.
Contracts above R50 000 000 including VAT: payment within 60 days of receipt of undisputed invoices.
Security
Where a performance bond or demand guarantee is required, the bidder must nominate at least two financial institutions from Eskom's approved list.
Financial capacity
Latest approved annual financial statements are required before award; draft statements or management accounts are not accepted.
Financial analysis is compulsory for CIDB-related transactions from R30 000 excluding VAT.
Unaudited South African entities must also submit a signed public interest score and ITA34C returns for the current and previous years.
Other
A CSI contribution of 2% applies where listed as an additional contractual requirement.
Eskom may negotiate with preferred bidders where tendered prices are not market-related.
Compliance Requirements
Source: Invitation to Tender (ITT).pdf (RFP)
Mandatory eligibility
CSD registration, with the CSD number or CSD report submitted.
CIDB contractor grading of CE Level 6 or higher, or registration capable of being completed within 21 working days of the closing date.
No restriction from doing business with Eskom or any state-owned company; not on the National Treasury or Eskom restricted supplier lists or the tender defaulters list.
No conflict of interest, including shared controlling partners or majority shareholders with another bidder.
A bidder may not submit more than one tender, alone or as a JV partner.
A JV agreement must state that the parties are jointly and severally liable.
Subcontracting 100% of the scope disqualifies the bid.
Tenders signed by unauthorised persons are rejected.
Bidders from countries on an international sanctions list are ineligible, and this extends to proposed subcontractors and suppliers.
B-bbee
A B-BBEE status level certificate from an authorised body, a sworn affidavit under the Codes of Good Practice, or another instrument prescribed under the B-BBEE Act is required to claim preference points.
Tax and statutory
Tax clearance certificate, CSD profile or SARS e-filing PIN for verification. Foreign bidders with no South African footprint complete SBD 1 but need not prove tax compliance.
COIDA certificate of good standing or proof of application, South African bidders only.
Employment Equity Act compliance proof, including the report submitted to the Department of Labour, for designated employers.
Tax evaluation questionnaire on personal service provider status where issued.
Local content
SBD 6.2 and Annexures G1 to G4 are returnable where designated materials are used.
Minimum local content: cement 100%, steel components 100%, bolts and nuts 100%.
Subcontracting
Subcontracting to a subsidiary is discouraged and must be declared in the tender, as it may be treated as fronting.
Skills development
Contract Skills Development Goals and Contract Participation Goals are not applicable to this tender.
Health & Safety
Source: Invitation to Tender (ITT).pdf
Site access preconditions
A health and safety file approved by Eskom's safety risk management department before any work begins.
Matla Power Station SHEQ induction completed before site access is granted.
Compliance
Work must comply with the OHS Act, Matla plant procedures and Plant Safety Regulations (240-150642762).
The contractor must ensure every employee has the competency required for the task performed.
The contractor must keep up with updated legal and other applicable requirements.
Returnables
COIDA certificate of good standing, or proof of application, from the Compensation Fund or a licensed compensation insurer, for South African bidders.
Further safety and quality documents as required by the scope of work.
Environmental
Source: Invitation to Tender (ITT).pdf
Authorisation
Activities listed under the National Environmental Management Act and the EIA Regulations as amended require environmental authorisation before work starts.
Contractor obligations
Comply with all applicable legal and other requirements.
Follow Eskom Matla environmental procedures OMOP 4090 and 4402 to prevent pollution.
Maintain an environmental management system file based on ISO 14001.
Consequences
The polluter pays principle applies.
Final payment is processed against the status of the last housekeeping check sheet (Annexure C, OMOP 4402) for the designated area.
Contractual Terms
Source: Invitation to Tender (ITT).pdf
Contract form
NEC3 Engineering and Construction Contract (ECC).
Main options: A1 priced contract with price list; W1 dispute resolution procedure.
Secondary options: X2 changes in law, X7 delay damages, X17 low performance damages, X20 key performance damages, Z additional clauses.
Duration
Twelve (12) months.
Payment
Below R50 000 000 including VAT: 30 days from receipt of undisputed invoices.
Above R50 000 000 including VAT: 60 days from receipt of undisputed invoices.
Performance security
Where a performance bond or demand guarantee is required, the bidder nominates at least two Eskom-approved financial institutions it would approach.
Skills development
Contract Skills Development Goals and Contract Participation Goals are not applicable.
Other
Eskom may negotiate with preferred bidders where tendered prices are not market-related.
Subcontracting to a subsidiary must be declared and is discouraged as potential fronting.
Section
Source: Invitation to Tender (ITT).pdf
Evaluation runs in three stages.
Mandatory technical requirement: pass or fail; a fail disqualifies immediately.
Qualitative technical evaluation: weighted 100%, with a minimum qualifying score of 70%. Bidders below the threshold are disqualified.
Price and specific goals: price out of 80 or 90 points, specific goals out of 20 or 10 points, using the 80/20 or 90/10 system determined by the lowest acceptable tender.
B-BBEE levels earn 10/20, 9/18, 6/14, 5/12, 4/8, 3/6, 2/4, 1/2 or 0/0 points for levels 1 to 8 and non-compliant respectively.
Missing proof of a specific goals claim scores zero for that goal without disqualifying the bid.
Objective criteria apply and Eskom may award to a bidder other than the highest scorer where those criteria justify it.
Contractual requirements such as CSD and CIDB are verified after ranking and before award, not scored.
Refurbishment of the gravel access roads serving the New and Old Ash Dams at Matla Power Station's ash dam facility.
Activities include grading, blading and re-gravelling of the New and Old Ash Dam access roads.
The existing roads were not built as engineered gravel roads; repeated grading has cut them below natural ground level, so water ponds form and the surface becomes muddy and slippery for vehicles and inspection teams.
Technical outcomes the method statement must address
Inspection and measurement of material quantities to be imported.
Sub-grade: in-situ material ripped or scarified to 150 mm depth and compacted to 93% Mod AASHTO density; imported material from a suitable commercial source where required.
Wearing course: material imported from a suitable commercial source.
Compaction to 95% Mod AASHTO at a minimum thickness of 150 mm.
Minimum wearing material size specified.
Final graded road oversize index below 5%.
CBR of at least 15 at 95% Mod AASHTO at optimum moisture content.
Drainage collection system.
Traffic control and management.
Schedule of quality checks.
Dust control.
Test steps, stages and minimum requirements for each test.
Expected performance of the finished road for both light and heavy vehicles.
Minimum life span of the finished product.
Experience & Qualifications
Source: TECHNICAL EVALUATION CRITERIA.pdf
Company experience
Three traceable executed projects must be evidenced, each supported by a completion certificate.
The three activities to be covered are: previous road construction experience, gravel road repair experience, and road maintenance experience.
Scoring: none evidenced 0%; one activity 40%; two activities 80%; all three activities 100%. Weighting 30%.
Key personnel
A Civil Engineer registered with ECSA, with 6 to 10 years of relevant road construction and maintenance experience.
A certificate plus a CV demonstrating the experience must be attached.
Scoring: under 6 years 0%; 6 to 7 years 40%; more than 7 up to 9 years 80%; more than 9 up to 10 years 100%. Weighting 15%.
Plant and equipment
Proof of ownership or a lease agreement is required for: 2 graders, 2 water trucks of 25 000 L, 2 roller compactors, 2 excavators and 4 tipper trucks of 10 m³.
CIDB Grade 7 CE grading certificate — a bid without it is invalid. Required in terms of the Construction Regulations (GNR of February 2014).
Personnel
A professionally registered Civil Engineer with ECSA, with 6 to 10 years of relevant road construction and maintenance experience; registration certificate and CV showing the experience must be attached.
Plant and equipment
Proof of ownership or a lease agreement for each item claimed: 2 graders, 2 water trucks of 25 000 L, 2 roller compactors, 2 excavators and 4 tipper trucks of 10 m³.
Objective criteria
SHE (safety, health and environment) and SD&L (supplier development and localisation) requirements form part of the overall evaluation after price.
Health & Safety
Source: TECHNICAL EVALUATION CRITERIA.pdf
Safety, health and environment (SHE) requirements form one of the objective criteria applied after the technical and price stages.
Traffic control and management on and around the ash dam access roads must be addressed in the method statement.
Dust control must be included in the method statement.
The works fall under the Construction Regulations (GNR of February 2014), which is the basis for the mandatory CIDB Grade 7 CE requirement.
No further SHE specification is set out in this evaluation strategy.
Section
Source: TECHNICAL EVALUATION CRITERIA.pdf
Four evaluation stages apply: mandatory technical requirements, functionality (qualitative technical criteria), price, and objective criteria covering SHE and SD&L. Only the first two stages form the technical criteria.
Threshold
Minimum weighted final technical score: 70%.
Functionality carries a 100% weighting and a bid must reach 70% within it to proceed.
Functionality sub-criteria (four in total)
Detailed method statement: 40%.
Three traceable executed projects with completion certificates: 30%.
ECSA-registered Civil Engineer, 6 to 10 years road construction and maintenance experience: 15%.
Proof of ownership or lease of the listed plant: 15%.
Method statement bands
1 to 3 of the 18 points addressed: 0%.
4 to 8 points: 40%.
9 to 14 points: 80%.
15 to 18 points: 100%.
Project evidence bands
None verifiable: 0%.
One of the three activities: 40%.
Two of the three activities: 80%.
All three activities: 100%.
Engineer experience bands
Under 6 years: 0%.
6 to 7 years: 40%.
More than 7 up to 9 years: 80%.
More than 9 up to 10 years: 100%.
Plant scoring
2 graders at 10 points each, 2 water trucks of 25 000 L at 5 points each, 2 roller compactors at 10 points each, 2 excavators at 5 points each, 4 tipper trucks of 10 m³ at 5 points each; maximum 80 points.
Under 10 points: 0%; 10 to 30 points: 40%; 31 to 60 points: 80%; 61 to 80 points: 100%.
Panel
At least two Tender Evaluation Team members, nominated by the relevant authority.
The contract covers repair of the ash dam filter drains and piezometers at Matla Power Station to improve ash dam stability. Work on site is conditional on an approved Safety file.
Submission Guidelines
Source: SAFETY REQUIREMENTS (1).pdf (unknown)
Returnable OHS documents (Annexure B checklist) — all must be completed and submitted with the bid:
Acknowledgement of Eskom's OHS legal and other requirements: signed and submitted by the tenderer.
OHS Plan: must address the OHS risks of this scope of work and align with the health and safety specification.
OHS Baseline Risk Assessment (BRA): identifies, assesses and manages safety, health and environmental risks for the scope, with the assessment methodology included.
Valid Letter of Good Standing: COIDA or equivalent.
OHS policy: signed by the CEO and compliant with Section 7 of the OHS Act.
OHS costing: detailed breakdown of health and safety management costs, not a lump sum.
Health and safety statistics: incident record for the past three financial years, covering medical incidents, lost-time injuries, occupational diseases and fatalities.
Shortlisted bidders may submit outstanding documents within 7 working days after the first evaluation; missing that window can render the bid non-responsive.
Evaluation Criteria
Source: SAFETY REQUIREMENTS (1).pdf (unknown)
Evaluation stages, in order:
Mandatory evaluation.
Functionality evaluation against the threshold.
Only bidders who pass both stages are shortlisted and evaluated further.
Outstanding documents
Shortlisted bidders are given 7 working days after the first evaluation to submit outstanding documents.
Failure to submit within that period may result in the bid being ruled non-responsive and ineligible for award.
Bids that do submit are re-evaluated and the evaluation report goes to procurement.
Technical Specifications
Source: SAFETY REQUIREMENTS (1).pdf (unknown)
Scope: repair of the ash dam filter drains and piezometers to improve ash dam stability at Matla Power Station.
Safety file
On contract signature the contractor must meet Matla Power Station's Safety file requirements.
No work may start until the Safety file is approved by the OHS professional together with the Project Manager.
The OHS Plan and Baseline Risk Assessment must be built around the actual scope of work and its risks.
Financial Requirements
Source: SAFETY REQUIREMENTS (1).pdf (unknown)
Health and safety costing
A detailed cost breakdown for OHS management must be submitted with the bid.
Lump-sum OHS pricing is not accepted.
The costing must reflect the full scope of work and service to be performed, using the scope and the risk assessment as the basis.
Compliance Requirements
Source: SAFETY REQUIREMENTS (1).pdf (unknown)
Occupational health and safety
OHS policy signed by the CEO, complying with Section 7 of the OHS Act.
Valid Letter of Good Standing under COIDA or an equivalent scheme.
Signed acknowledgement of Eskom's OHS legal and other requirements.
OHS Plan and Baseline Risk Assessment covering the scope of work.
Three financial years of incident statistics: medical incidents, lost-time injuries, occupational diseases and fatalities.
Contract stage
Compliance with Matla Power Station's Safety file requirements is a condition of working on site.
Health & Safety
Source: SAFETY REQUIREMENTS (1).pdf
Returnable OHS pack
Signed acknowledgement of Eskom's OHS legal and other requirements.
OHS Plan addressing the risks of this scope and aligned with the health and safety specification.
OHS Baseline Risk Assessment identifying, assessing and managing safety, health and environmental risks, including the methodology used.
Valid Letter of Good Standing (COIDA or equivalent).
OHS policy signed by the CEO and compliant with Section 7 of the OHS Act.
Itemised OHS management costing, not a lump sum, based on the scope and risk assessment.
Incident statistics for the past three financial years: medical incidents, lost-time injuries, occupational diseases and fatalities.
Site requirements
The contractor must meet Matla Power Station's Safety file requirements once the contract is signed.
No work starts until the OHS professional and the Project Manager approve the Safety file.
Section
Source: SAFETY REQUIREMENTS (1).pdf
Bids pass through mandatory evaluation, then functionality evaluation against a threshold. Only bidders clearing both are shortlisted for further evaluation. Shortlisted bidders get 7 working days after the first evaluation to supply outstanding documents; missing the deadline may make the bid non-responsive and exclude it from award. Re-evaluated bids are reported to procurement.
DocumentQUALITY REQUIREMENT .pdfReview complete
Description
Source: QUALITY REQUIREMENT .pdf
Quality requirements for the repair of ash dam filter drains and piezometer to improve ash dam stability.
Pre-contract award category selected: Category 3 (only one category may be chosen).
Main supplier and sub-supplier capability and capacity assessment applies.
Post-contract award phase covers contract execution and supplier quality performance monitoring.
Section A — Quality management system evidence, 7 items: QMS manual or equivalent document defining the QMS and its scope; quality policy and quality objectives approved by top management; control of documented information (ISO 9001 clause 7.5); control of nonconforming outputs (clause 8.7); nonconformity and corrective action records (clause 10.2); internal audit records (clause 9.2).
Section B — Evidence the QMS is operating, 2 items: organisation chart and responsibility matrix showing defined roles, responsibilities and authorities, including the quality management function (clause 5.3); documented criteria for evaluation, selection, monitoring and re-evaluation of external providers (clause 8.4).
Section C — Draft Contract Quality Plan specific to the scope of work (ISO 10005).
Section D — Draft or example Inspection and Test Plan (ITP) or Quality Control Plan (QCP) drawn from similar or previous work (ISO 10005).
Section E — Form A completed and signed, plus any additional customer-specific requirements.
The tenderer's quality representative must be named, designated, dated and signed on the returnable.
Only one quality category may be selected; Category 3 applies to this tender.
Evaluation Criteria
Source: QUALITY REQUIREMENT .pdf (unknown)
Quality evaluation — scored out of 13:
Section A (QMS requirements): 7 points
Section B (QMS in operation): 2 points
Section C (Contract Quality Plan): 1 point
Section D (ITP/QCP): 1 point
Section E (Form A and additional requirements): 2 points
Each deliverable is marked applicable (1) or not applicable; evidence must be supplied for every applicable item.
Technical Specifications
Source: QUALITY REQUIREMENT .pdf (unknown)
Scope: repair of the ash dam filter drains and piezometer to improve ash dam stability.
Quality specification: 240-105658000 (revision 7, effective 26 January 2022).
Pre-contract award category: Category 3.
Post-contract award obligations (Eskom):
Contract execution and supplier quality performance monitoring.
Eskom rights of access and rights to information.
Preservation of work and product.
Quality audits.
Management of nonconformities and nonconforming outputs identified by Eskom.
Special processes.
ISO 9001 alignment: clauses 4 to 10 and all seven quality management principles apply.
Methodology
Source: QUALITY REQUIREMENT .pdf
ISO 9001 alignment required of the tenderer's quality system:
Clauses applied: 4 context of the organisation, 5 leadership, 6 planning, 7 support, 8 operation, 9 performance evaluation, 10 improvement.
Principles applied: customer focus, leadership, engagement of people, process approach, improvement, evidence-based decision making, relationship management.
Quality Management
Source: QUALITY REQUIREMENT .pdf
Post-contract quality conditions imposed by Eskom:
Contract execution and ongoing supplier quality performance monitoring.
Eskom rights of access to the supplier's premises and records.
Eskom rights to information.
Preservation of work and product.
Quality audits by Eskom.
Management of nonconformities and nonconforming outputs identified by Eskom.
Control of special processes.
Compliance Requirements
Source: QUALITY REQUIREMENT .pdf (unknown)
Quality management system:
A documented QMS aligned to ISO 9001 is required; certification is not mandatory, but objective evidence of compliance is.
Evidence must cover Sections A and B as listed under the returnable documents.
Form A must be completed and signed.
The tenderer's quality representative must sign the returnable.
ISO 9001 clauses apply: 4 (context of the organisation), 5 (leadership), 6 (planning), 7 (support), 8 (operation), 9 (performance evaluation), 10 (improvement).
All seven quality management principles apply: customer focus, leadership, engagement of people, process approach, improvement, evidence-based decision making, relationship management.
Section
Source: QUALITY REQUIREMENT .pdf
Quality returnables are scored out of 13:
Section A (QMS requirements): 7 points
Section B (QMS in operation): 2 points
Section C (Contract Quality Plan): 1 point
Section D (ITP/QCP): 1 point
Section E (Form A and additional requirements): 2 points
Each item is marked applicable (1) or not applicable; evidence is required for every applicable item.
DocumentAsh dam drains NEC.pdfReview complete
Description
Source: Ash dam drains NEC.pdf
Eskom Holdings SOC Ltd requires repair of ash dam filter drains and piezometers to improve ash dam stability at Matla Power Station.
Contract form: NEC3 Engineering and Construction Contract (April 2013).
Documents: Part C1 Agreements and Contract Data (24 pages), Part C2 Pricing Data (2 pages), Part C3 Scope of Work (32 pages), Part C4 Site Information (1 page).
Contact Information
Source: Ash dam drains NEC.pdf (unknown)
Project Manager
Organisation: Matla Power Station
Address: Delmas Road, Kriel, 2271
Telephone: 013 699 7871
Employer representative
Name: Bob Phahle
Role: General Manager, Matla Power Station
Address: Private Bag X5012, Kriel, 2271
Employer registered office
Megawatt Park, Maxwell Drive, Sandton, Johannesburg
Submission Guidelines
Source: Ash dam drains NEC.pdf (unknown)
Returnable documents
C1.1 Form of Offer and Acceptance: signed offer stating the total prices excluding VAT, VAT at 15%, the total including VAT, and the tenderer's CIDB registration number.
C1.2b Contract Data Part 2: contractor name and address, direct and subcontracted fee percentages, working areas, key persons with CVs, completion date, activity schedule and the tendered total of the Prices in figures and words.
C1.3 Proforma Guarantees: Retention Money Guarantee and SDL&I Guarantee, copied unchanged onto the guarantor's letterhead and completed.
Schedule of Deviations: only deviations agreed during offer and acceptance are valid; a covering letter does not become part of the contract.
Contract pack
Part C1 Agreements and Contract Data, Part C2 Pricing Data, Part C3 Scope of Work, Part C4 Site Information, plus the drawings and documents they reference.
Alternative offers must be submitted on a separate copy of the Form of Offer and Acceptance.
Technical Specifications
Source: Ash dam drains NEC.pdf (unknown)
Scope
Repair of ash dam filter drains and piezometers to improve ash dam stability at Matla Power Station.
Site: Matla Power Station, Delmas Road, Kriel, 2271. The site boundaries are the power station.
Working areas: the site plus the areas the contractor states in Contract Data Part 2.
Conditions to be met
Site establishment accepted.
Test pilot.
Drainable pavement system.
Drainage pipe.
Geotechnical tests and reports.
Risk register items
Non-compliance with statutory SHE and legal requirements, causing injuries, near misses and penalties.
Poor system performance from poor workmanship.
Excessive dust.
Disease outbreak.
Covid-19.
Weather
Weather recorded at the Matla Power Station main security area; measurements supplied by the South African Weather Bureau.
Assumed one-in-ten-year rainfall: January 200 mm over 6 days above 10 mm; February 150 mm / 6 days; March 120 mm / 5 days; April 110 mm / 4 days; May 40 mm / 3 days; June 20 mm / 2 days; July 30 mm / 2 days; August 30 mm / 2 days; September 60 mm / 3 days; October 140 mm / 6 days; November 160 mm / 7 days; December 170 mm / 6 days.
Asbestos
The Employer manages asbestos and asbestos-containing material to its Asbestos Standard 32-303.
Occupational exposure limit: 0.2 regulated asbestos fibres per ml of air as a 4-hour TWA; short-term limit 0.6 fibres per ml over 10 minutes.
Contractor personnel may stop work and leave a contaminated area until it is declared safe.
Removal and disposal of asbestos is by a registered asbestos contractor appointed and paid by the Employer.
Experience & Qualifications
Source: Ash dam drains NEC.pdf
Key persons
The contractor names its key persons in Contract Data Part 2, with job, responsibilities, qualifications and experience.
CVs and further key person data are appended to the tender schedule.
For a joint venture, the person authorised to bind the JV is notified to the Project Manager within two weeks of the Contract Date.
Quality Management
Source: Ash dam drains NEC.pdf
Quality
Defects date: 52 weeks after completion of the whole of the works; defect correction period 1 week, or 24 hours for production loss and SHE requirements.
Latent defects: liability ends one year after the defects date, or when the claim prescribes under the Prescription Act.
Asbestos monitoring by a SANAS-accredited inspection authority approved by the Department of Employment and Labour.
Pricing Schedule
Source: Ash dam drains NEC.pdf
Pricing schedule
NEC3 Option A activity schedule: the contractor breaks the works into activities, each priced as a lump sum and linked to the programme.
Payment is made only for completed activities at each assessment date; no part payment for incomplete activities.
The activity schedule is a pricing document only; specifications and constraints sit in the Works Information.
No price adjustment for quantity differences within an activity; only a compensation event changes the Prices.
The tendered total of the Prices is stated in figures and in words, excluding VAT.
Financial Requirements
Source: Ash dam drains NEC.pdf (unknown)
Pricing
NEC3 Option A: lump sum priced contract with an activity schedule. The contractor prepares the schedule, breaking the works into priced activities linked to the programme.
No adjustment to a lump sum activity price if quantities differ; only a compensation event changes the Prices.
The offer states total prices excluding VAT, VAT at 15%, and the total including VAT.
Retention
Retention-free amount: nil.
Retention: 5% of every payment. Half is released after project completion and half after 52 weeks.
A Retention Money Guarantee in the stated pro forma may be provided instead of retention.
Delay damages
2% of total order value per week of delay, capped at 5% of the order value.
Payment
Assessment interval: by the 25th of each successive month.
Payment period: 30 days from the date the invoice is submitted.
Currency: South African Rand.
Interest: prime rate charged by Standard Bank of South Africa (365-day year) for Rand amounts; LIBOR for other currencies.
Tax invoice within one week of the payment certificate, carrying Eskom's VAT number 4740101508.
Liability
Contractor's liability for indirect or consequential loss: R0.00.
Contractor's total liability limited to the total of the Prices, except excluded matters (design defects, off-site manufacture and fabrication defects, property loss or damage, death or injury, IP infringement), which are unlimited.
Guarantees and insurance
SDL&I Guarantee required in the stated pro forma.
Contractor insurances per Insurance Table A; Employer insurances per Insurance Table B.
Compliance Requirements
Source: Ash dam drains NEC.pdf (unknown)
Registration and statutory
CIDB registration number entered on the Form of Offer (if applicable).
Compliance with the Construction Regulations 2014 under the OHS Act; the Employer may appoint the contractor as Principal Contractor.
Compliance with all applicable environmental, health and safety law, rules and procedures.
B-bbee
Notify the Employer within 7 days of any change to B-BBEE status.
Submit an updated verification certificate and supporting documents within 30 days of that notification.
A decrease in B-BBEE status may lead to renegotiation or termination; failure to notify may be grounds for termination.
Local content and social investment
Spend 2% of contract value on corporate social investment projects listed by Matla Power Station.
Develop local skilled labour at Kriel and hire non-skilled employees from the Kriel community, from a list provided by Matla Power Station.
Ethics
No coercive, collusive, corrupt, fraudulent or obstructive action during procurement or execution; a breach may lead to termination.
Joint ventures
JV members are jointly and severally liable; notify the Project Manager within two weeks of the Contract Date of the person authorised to bind the JV; no change in composition without written consent.
Health & Safety
Source: Ash dam drains NEC.pdf
Health and safety
The contractor must take all reasonable precautions for the health and safety of persons during the works.
The Employer may appoint the contractor as Principal Contractor under the Construction Regulations 2014 (OHS Act).
The contract price must include sufficient allowance for compliance with the Construction Regulations and all health and safety law, rules and procedures.
The contractor must ensure subcontractors, employees and others under its control comply.
Asbestos
The Employer manages asbestos and asbestos-containing material to its Asbestos Standard 32-303.
Occupational exposure limit: 0.2 regulated asbestos fibres per ml of air (4-hour TWA); short-term limit 0.6 fibres per ml (10-minute TWA).
On identifying asbestos, a risk assessment is done; if airborne concentration may exceed the action level, immediate controls and air monitoring follow.
Contractor personnel may stop work and leave a contaminated area until it is declared safe.
Removal and disposal by a registered asbestos contractor appointed and paid by the Employer.
Risk register
SHE and legal non-compliance (injuries, near misses, penalties).
Poor workmanship causing poor system performance.
Excessive dust.
Disease outbreak.
Covid-19.
Environmental
Source: Ash dam drains NEC.pdf
Environmental
The contractor must comply with all applicable environmental law, regulations, rules, guidelines and procedures, and ensure subcontractors and employees do the same.
Dust is a listed risk: sources include stack emissions, the dry ash handling plant, the coal stockyard, roads, ploughing of farmlands and exposed ash dam surfaces.
The ash dam top surface is used as an evaporation pan for polluted water, keeping it wet; the sides are largely rehabilitated.
Asbestos removal and disposal by a registered asbestos contractor at the Employer's expense, in line with South African legislation.
Contractual Terms
Source: Ash dam drains NEC.pdf
Contract form
NEC3 Engineering and Construction Contract (April 2013), main Option A (priced contract with activity schedule), dispute resolution Option W1.
Secondary options: X2 changes in law, X7 delay damages, X16 retention, X17 low performance damages, X18 limitation of liability, plus Z1 to Z15 additional conditions.
Time
Period for reply: 5 working days.
Revised programmes: at intervals no longer than 2 days during execution and once a week during procurement and engineering.
Defects date: 52 weeks after completion of the whole of the works.
Defect correction period: 1 week, except 24 hours for production loss and SHE requirements.
The Employer will not take over the works before the Completion Date; takeover runs from commissioning.
Termination and disputes
Termination per clause 90.
Adjudicator from the ICE-SA Division panel; if the parties cannot agree, appointed by AFSA.
Tribunal: arbitration under the Association of Arbitrators (Southern Africa) rules, held in Johannesburg.
Additional conditions (Z clauses)
No cession, delegation or assignment without the Employer's written consent.
Confidentiality applies; images of the works need the Project Manager's prior written consent and all rights vest in the Employer.
No waiver or estoppel unless agreed in writing.
Employer's liability for the contractor's indirect or consequential loss limited to R0.00.
Nuclear liability: the Employer indemnifies the contractor for nuclear damage at Koeberg, subject to stated exceptions.
Section
Source: Ash dam drains NEC.pdf
Schedule of Deviations (agreed contract deviations)
Corporate social investment: the contractor spends 2% of contract value on CSI projects listed by Matla Power Station.
Local labour: the contractor develops local skilled labour at Kriel and hires non-skilled employees from the Kriel community, from a list provided by Matla Power Station.
Key contract data
Defects date: 52 weeks after completion of the whole of the works.
Defect correction period: 1 week; 24 hours for production loss and SHE requirements.
Assessment interval: by the 25th of each month.
Payment: 30 days from invoice submission.
Currency: South African Rand.
Weather recorded at the Matla Power Station main security area; data from the South African Weather Bureau.
The contractor carries all risks not carried by the Employer from the starting date until the defects certificate is issued.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.