Refurbishment of sludge sump at eskom’s matla power station – 12-Month contract

Project scope: Refurbishment of sludge sump walls at Matla Power Station, including repair and isolation works. Duration: 12 months. Business Unit: Matla Power Station (Eskom).

Closing date: 07 July 2026 at 10:00 AM (UTC).

SDL&I Implementation Schedule due: 28 days after contract award.

Quarterly SDL&I reports: Due every 3 months during contract.

B-BBEE Improvement Plan: Due within 30 days of contract signing.

Buyer: Gloria Marebane

Department: Matla Power Station

Organization: Eskom Holdings SOC Ltd

Compiled by: Thomas Chuene (Senior Advisor, Supplier Development, Localisation and Industrialisation).

Required returnable documents for submission:

• Valid B-BBEE certificate (SANAS-accredited) or sworn/CIPS affidavit (for EMEs/QSEs as per revenue thresholds).
• Proof of ownership/shareholding (CIPC documentation) with breakdown.
• Certified ID copies of shareholders.
• Proof of Disability (if applicable).
• Consolidated B-BBEE certificate for trusts/consortia/JVs.
• SBD 6.2 Declaration Form and Annex C (Local Content Declaration) if applicable.
• SDL&I Implementation Schedule (due 28 days post-award).

Note: Failure to submit B-BBEE documentation does not disqualify but limits scoring to price only (90/80 points) and 0/10 or 0/20 for specific goals. Digital signatures on affidavits are not accepted.

Mandatory returnables:

• Valid B-BBEE certificate or sworn/CIPS affidavit.
• Proof of ownership/shareholding (CIPC) with breakdown.
• Certified ID copies of shareholders.
• Proof of Disability (if applicable).
• Consolidated B-BBEE certificate for trusts/consortia/JVs.
• SBD 6.2 Declaration Form and Annex C (if applicable).
• SDL&I Implementation Schedule (due 28 days post-award).

Note: Digital signatures on affidavits are not accepted.

Scope: Refurbishment of sludge sump walls at Matla Power Station, including repair and isolation works.

Duration: 12 months.

Local Content Requirements:

• Designated sectors must meet stipulated thresholds (e.g., 100% for steel pipes, 70% for valves/pumps).
• Proposals must separate local and imported components in the Price Schedule.

Skills Development:

• Tenderers must propose Work Integrated Learning (WIL) for 3 candidates with N3/Matric or equivalent.
• Candidates must be from all South African provinces, representative of national demographics.
• Tenderers cover full costs; Eskom provides no financial contribution.
• SETA-accredited providers may be used for training.

Job Creation:

• Tenderers must specify types and numbers of jobs to be created/retained in South Africa.

Skills Development Methodology:

• Tenderers must develop skills of unemployed candidates (WIL: 3 candidates with N3/Matric or equivalent).
• Candidates must represent South African demographics and come from all provinces.
• Tenderers bear full cost; Eskom provides no funding.
• SETA-accredited training providers may be engaged.
• Excludes Eskom employees and registered learners.
• Tenderers advised to access SETA grants, subsidies, and SARS tax rebates for skills development.

Pricing Format:

• Submit Price Schedule with local and imported components separated.
• Local Procurement Content = Total spending minus imported component.
• Eskom target: 100% local content.
• Designated sectors must meet thresholds (e.g., 100% for steel pipes, 70% for valves/pumps).

Pricing:

• Submit Price Schedule with local/imported components separated.
• Local Procurement Content = Total spending minus imported component.
• Eskom target for Local Procurement Content: 100%.

Performance Security:

• Eskom retains 1.5% of every invoice (excluding VAT) as security for SDL&I obligations.
• Retained amounts released only upon fulfilment of SDL&I obligations.

Penalties:

• 1.5% of contract value penalty for failure to meet SDL&I obligations.

B-BBEE Compliance:

• Valid B-BBEE certificate or sworn affidavit required for contract award.
• EMEs (≤R10M revenue): Sworn affidavit acceptable.
• QSEs (≤R50M revenue): Sworn affidavit if ≥51% Black-owned; otherwise, full QSE scorecard compliance.
• >R50M revenue: Valid B-BBEE certificate mandatory.
• Affidavit validity requirements:
• Deponent name/ID, designation (director/owner/member), enterprise name/address.
• Black ownership/black female ownership/designated group percentages (no blanks).
• Total revenue, financial year-end, B-BBEE status level, empowering supplier status.
• Signed in presence of Commissioner of Oath (same date; no employee/ex-officio of enterprise).

Local Content:

• SBD 6.2 Declaration Form and Annex C required if applicable.

SDL&I Obligations:

• B-BBEE Improvement/Retention Plan due within 30 days of signing.
• Level 1: Maintain status.
• Level 2-3: Improve/maintain status over contract period.
• Level 4: Achieve Level 3 by end of Year 1, then improve annually.
• Level 5-8/Non-compliant: Achieve Level 4 by end of Year 1, then improve by one level annually thereafter.

B-BBEE Requirements:

• Valid certificate or sworn affidavit required for contract award (revenue thresholds apply).
• Points allocation (90/10 or 80/20 system) based on B-BBEE level (Level 1: 10/20, Level 8: 1/2, Non-compliant: 0/0).
• Improvement/Retention Plan due within 30 days of signing:
• Level 1: Maintain status.
• Level 2-3: Improve/maintain.
• Level 4: Achieve Level 3 by Year 1 end, then improve annually.
• Level 5-8/Non-compliant: Achieve Level 4 by Year 1 end, then improve by one level annually.
• Local Content Thresholds (Designated Sectors):
• Steel Products (Pipes): 100%
• Fasteners (Bolt and Nuts): 100%
• Valves and Actuators: 70%
• MV Motors and Pumps: 70%

Affidavit Validity:

• Must include deponent name/ID, designation, enterprise details, ownership percentages, revenue, financial year-end, B-BBEE level, empowering supplier status.
• Signed in presence of Commissioner of Oath (same date; no employee/ex-officio of enterprise).

SDL&I Objectives:

• Tenderers must submit proposals for:
• Local Procurement Content (Eskom target: 100%).
• Jobs created/retained in South Africa (types and numbers).
• Skills development (WIL: 3 candidates with N3/Matric or equivalent).
• SDL&I objectives do not form part of scoring but are contractual obligations.
• Non-compliance with SDL&I may lead to penalties (1.5% of contract value) or retention of invoice payments (1.5%).

Objective Criteria:

• Failure to meet objective criteria may result in the second-ranked tenderer being recommended for award.

Market Research:

• No current suppliers; open market.

Scoring:

• Price: 90/80 points.
• Specific Goals (B-BBEE): 10/20 points (added to price, rounded to 2 decimal places).
• Highest total points wins per PPPFA Act.
• Objective criteria: Not mandatory but failure to meet may lead to second-ranked tenderer being awarded.

B-BBEE Points Table (90/10 or 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

Documentation:

• Failure to submit B-BBEE docs: Score price only (90/80) + 0/10 or 0/20 for specific goals.

Refurbishment of sludge sump at Matla Power Station for a 12-month period. Work includes all activities outlined in the Scope of Work (Annexure 1.1.18), NEC contract terms, and Pricing Schedule/BOQ (Annexure 1.1.20). Contract duration is fixed at 12 months.

Closing date: 07 July 2026 at 10:00 AM. Non-compulsory clarification meeting: 18 June 2026 at 11:00 AM via Microsoft Teams (Join: https://teams.microsoft.com/meet/353290217651916?p=QatYNq9IetNVZVsp8N; Meeting ID: 353 290 217 651 916; Passcode: Yc9mG9qU). Clarification queries must be submitted at least 5 working days before the tender deadline. Tender validity period: 24 weeks (until 22 December 2026 at 10:00 AM).

Eskom Representative: Gloria Marebane. Tel: 017 612 6573. Email: [email protected]. All queries must be directed to the Eskom Representative in writing. Fraud/corruption reporting: 0800 11 2722 or [email protected].

Submit electronically via Eskom E-tendering portal (https://etendering.eskom.co.za) by 07 July 2026 at 10:00 AM. Late submissions will not be accepted. All documents must be in PDF format (max 500MB per file, total submission max 4GB). Price list must be submitted in both PDF and Excel. No ZIP files or hard copies allowed. Resubmissions will override previous versions. Ensure submission status is marked as 'complete'. Mandatory returnables (disqualifiable if missing/incomplete): Authorisation Form (Annexure A), Acknowledgement Form (Annexure B), Tenderer’s Particulars (Annexure C), Integrity Declaration Form (Annexure D), CPA for Local Goods/Services (Annexure E, if applicable), CPA(IG) for Imported Goods/Services (Annexure F, if applicable), SBD 1 (Annexure H), SBD 6.1 Preference Points Claim Form (Annexure I), SBD 4 Bidders Disclosure (Annexure J), Tax Clearance Certificate (for local/foreign tenderers with SA footprint), Tax Evaluation Questionnaire (for service contracts), E-tendering Help Manual acknowledgement form (if applicable), and JV/consortium documentation (if applicable). Non-disqualifiable returnables (5-day grace period for completion if requested): SBD 6.2 Local Content Declarations (Annexures G1-G4, if applicable).

Scope: Sludge sump refurbishment at Matla Power Station for 12 months. Technical criteria and functionality requirements are published in attached documents (Annexure 1.1.18 Scope of Work, NEC, Pricing Schedule/BOQ). Tenderers must meet the minimum functionality threshold to qualify. Additional technical documents may be required as per the scope of work.

Submit a completed Pricing Schedule/BOQ (Annexure 1.1.20) in both PDF and Excel formats. If cataloguing is required, include a line item for it in the Pricing Schedule. Upload size per document: max 500MB; total submission: max 4GB.

Pricing must be submitted via completed Pricing Schedule/BOQ (in PDF and Excel). Include a line item for cataloguing if required. Payment terms: 30 days for contracts ≤ R50M (incl. VAT); 60 days for contracts > R50M (incl. VAT). Unconditional discounts are evaluated; conditional discounts are applied at payment. Eskom reserves the right to negotiate with preferred bidders if prices are not market-related.

Mandatory: Proof of valid CSD registration (CSD number/report). South African tenderers must provide COIDA certificate of good standing or proof of application. Employment Equity compliance (for designated employers): submit proof of EE report submission to the Department of Labour. CIDB grading (6CE or higher) for main contractor/JV/sub-contractor (submit proof at tender closing or within 21 working days if agreed). Tax Clearance Certificate: required for local tenderers and foreign tenderers with SA footprint (SARS e-filing PIN verification). Foreign suppliers without SA footprint must complete SBD1 but need not provide tax compliance proof. B-BBEE: Submit valid B-BBEE certificate, sworn affidavit, or other prescribed proof. Additional: SHEQ requirements, SDL&I, and/or 2% CSI may apply. Joint ventures must submit a valid JV agreement confirming joint/several liability, lead member, and profit-sharing ratios.

SHEQ requirements apply. Mandatory: COIDA certificate of good standing or proof of application (South African tenderers only). Additional safety/quality documents may be required as per the scope of work. Compliance with attached safety requirements is mandatory.

Contract type: NEC3 ECC with Main Option A (Priced contract with price list) and Secondary Options: W1 (Dispute resolution), X2 (Changes in law), X5 (Sectional Completion), X7 (Delay damages), X13 (Performance Bond), X16 (Retention), X17 (Low performance damages), X18 (Limitation of liability), and Z (Additional conditions). CIDB requirements apply for Engineering and Construction Works Contracts. Contract Skills Development Goals (CSDG) and Contract Participation Goals (CPG) are not applicable. Payment terms: 30 days for contracts ≤ R50M (incl. VAT); 60 days for contracts > R50M (incl. VAT). Eskom reserves the right to negotiate with preferred bidders if prices are not market-related.

Returnable Documents: Not specified in the provided text.

Eligible applicants must be registered vendors with Eskom or meet Eskom's supplier registration requirements. They should have prior experience in industrial refurbishment, particularly in power stations or similar environments. Compliance with South African labor, health, and safety regulations is required.

Scope includes refurbishment of sludge sump, with specific requirement for acid-resistant floor treatment.

11.2(16) The boundaries of the site are Matla Power Station 11.2(19) The Site Information is in Part 4: Site Information 12.2 The Works Information is in Part 3: Scope of Work and all documents and drawings to which it makes reference.

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Returnable Documents: C1.1 Form of Offer and Acceptance 3, C1.1 Form of Offer & Acceptance, By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and, This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and

C1.1 Form of Offer and Acceptance procurement of: Sludge Sump refurbishment and addenda thereto and by submitting this Offer has accepted the Conditions of Tender. contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the Contract Data. Value Added Tax @ 15% is The offered total of the amount due inclusive of VAT is (in words) Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in the Contract Data. Signature(s) Name(s) tenderer: (Insert name and address of organisation) signature of Date witness Tenderer’s CIDB registration number (if applicable)

Contractor must be legally registered entity, potentially CIDB registered (if applicable), compliant with South African law, able to provide required guarantees/insurance, and must not cede/delegate/assign rights without written consent. Joint ventures are permitted but with joint/several liability.

s of this

Z-

clause,

the

following

definitio

ns

apply:

Affected Party

Coercive Action means, as the context requires, any party, irrespective of whether it is the Contractor or

a third party, such party’s employees, agents, or Subcontractors or Subcontractor’s

employees, or any one or more of all of these parties’ relatives or friends,

Collusive means to harm or threaten to harm, directly or indirectly, an Affected Party or the

Action property of an Affected Party, or to otherwise influence or attempt to influence an

Affected Party to act unlawfully or illegally,

Committing means where two or more parties co-operate to achieve an unlawful or illegal purpose,

Party including to influence an Affected Party to act unlawfully or illegally,

Corrupt Action means, as the context requires, the Contractor, or any member thereof in the case of a

joint venture, or its employees, agents, or Subcontractor or the Subcontractor’s

employees,

Fraudulent means the offering, giving, taking, or soliciting, directly or indirectly, of a good or service

Action to unlawfully or illegally influence the actions of an Affected Party,

Obstructive means any unlawfully or illegally intentional act or omission that misleads, or attempts to

Action mislead, an Affected Party, in order to obtain a financial or other benefit or to avoid an

obligation or incurring an obligation,

Prohibited means a Committing Party unlawfully or illegally destroying, falsifying, altering or

Action concealing information or making false statements to materially impede an investigation

into allegations of Prohibited Action, and

Z12.1 means any one or more of a Coercive Action, Collusive Action Corrupt Action, Fraudulent

Action or Obstructive Action.

Z12.2 A Committing Party may not take any Prohibited Action during the course of the procurement of

this contract or in execution thereof.

Z12.3 The Employer may terminate the Contractor’s obligation to Provide the Services if a Committing

Party has taken such Prohibited Action and the Contractor did not take timely and appropriate

action to prevent or remedy the situation, without limiting any other rights or remedies the

Employer has. It is not required that the Committing Party had to have been found guilty, in court

or in any other similar process, of such Prohibited Action before the Employer can terminate the

Contractor’s obligation to Provide the Services for this reason.

Z12.4 If the Employer terminates the Contractor’s obligation to Provide the Services for this reason, the

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

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A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited Action.

Where the Employer does not have a contractual bond with the Committing Party, the Contractor

ensures that the Committing Party co-operates fully with an investigation.

Z13

Z 13.1 Insurance

Insurance cover 84

84.1 When requested by a Party, the other Party provides certificates from his

insurer or broker stating that the insurances required by this contract are

in force.

84.2 The Contractor provides the insurances stated in the Insurance Table A.

84.3 The insurances provide cover for events which are at the Contractor’s risk

from the starting date until the earlier of Completion and the date of the

termination certificate.

Insurance table a

Insurance against Minimum amount of cover or minim

limit of indemnity

Loss of or damage to the works, Plant The replacement cost where not

and Materials covered by the Employer’s insurance

The Employer’s policy deductible, as

Contract Date, where covered by the

Employer’s insurance

Loss of or damage to Equipment The replacement cost

Liability for loss of or damage to Loss of or damage to property

property (except the works, Plant and Employer’s property

Materials and Equipment) and liability

The replacement cost where not for bodily injury to or death of a person

covered by the Employer’s insurance (not an employee of the Contractor)

caused by activity in connection with

this contract The Employer’s policy deductible, as

Contract Date, where covered by the

Employer’s insurance

Other property

The replacement cost

Bodily injury to or death of a person

The amount required by applicable l

Liability for death of or bodily injury to The amount required by the applicab

employees of the Contractor arising out law

of and in the course of their

employment in connection with this

contract

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Z 13.2 Replace core clause 87 with the following:

The Employer provides the insurances stated in the Insurance Table B.

Insurance table b

Insurance against or name Minimum amount of cover or minimum l

of policy of indemnity

Assets All Risk Per the insurance policy document

Contract Works insurance Per the insurance policy document

Environmental Liability Per the insurance policy document

General and Public Liability Per the insurance policy document

Transportation (Marine) Per the insurance policy document

Motor Fleet and Mobile Plant Per the insurance policy document

Terrorism Per the insurance policy document

Cyber Liability Per the insurance policy document

Nuclear Material Damage and Per the insurance policy document

Business Interruption

Nuclear Material Damage Per the insurance policy document

Terrorism

Z14 Nuclear Liability

Z14.1 The Employer is the operator of the Koeberg Nuclear Power Station (KNPS), a nuclear

installation, as designated by the National Nuclear Regulator of the Republic of South Africa,

and is the holder of a nuclear licence in respect of the KNPS.

Z14.2 The Employer is solely responsible for and indemnifies the Contractor or any other person

against any and all liabilities which the Contractor or any person may incur arising out of or

resulting from nuclear damage, as defined in Act , save to the extent that any

liabilities are incurred due to the unlawful intent of the Contractor or any other person or the

presence of the Contractor or that person or any property of the Contractor or such person at

or in the KNPS or on the KNPS site, without the permission of the Employer or of a person

acting on behalf of the Employer.

Z14.3 Subject to clause Z14.4 below, the Employer waives all rights of recourse, arising from the

aforesaid, save to the extent that any claims arise or liability is incurred due or attributable to

the unlawful intent of the Contractor or any other person, or the presence of the Contractor or

that person or any property of the Contractor or such person at or in the KNPS or on the

KNPS site, without the permission of the Employer or of a person acting on behalf of the

Employer.

Z14.4 The Employer does not waive its rights provided for in section 30 (7) of Act , or any

replacement section dealing with the same subject matter.

Z14.5 The protection afforded by the provisions hereof shall be in effect until the KNPS is

decommissioned.

Z15 Asbestos

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For the purposes of this Z-clause, the following definitions apply:

AAIA means approved asbestos inspection authority.

ACM means asbestos containing materials.

AL means action level, i.e. a level of 50% of the OEL, i.e. 0.1 regulated asbestos

fibres per ml of air measured over a 4 hour period. The value at which proactive

actions is required in order to control asbestos exposure to prevent exceeding the

Oel.

Ambient Air means breathable air in area of work with specific reference to breathing zone,

which is defined to be a virtual area within a radius of approximately 30cm from the

nose inlet.

Compliance means compliance sampling used to assess whether or not the personal exposure

Monitoring of workers to regulated asbestos fibres is in compliance with the Standard’s

requirements for safe processing, handling, storing, disposal and phase-out of

asbestos and asbestos containing material, equipment and articles.

OEL means occupational exposure limit.

Parallel means measurements performed in parallel, yet separately, to existing

Measurements measurements to verify validity of results.

Safe Levels means airborne asbestos exposure levels conforming to the Standard’s

requirements for safe processing, handling, storing, disposal and phase-out of

asbestos and asbestos containing material, equipment and articles.

Standard means the Employer’s Asbestos Standard 32-303: Requirements for Safe

Processing, Handling, Storing, Disposal and Phase-out of Asbestos and Asbestos

Containing Material, Equipment and Articles.

SANAS means the South African National Accreditation System.

TWA means the average exposure, within a given workplace, to airborne asbestos

fibres, normalised to the baseline of a 4 hour continuous period, also applicable to

short term exposures, i.e. 10-minute TWA.

Z15.1 The Employer ensures that the Ambient Air in the area where the Contractor will Provide the

Services conforms to the acceptable prescribed South African standard for asbestos, as per

the regulations published in GNR February 2002, under the Occupational Health

and Safety Act, 1993 (Act ) (“Asbestos Regulations”). The OEL for asbestos is 0.2

regulated asbestos fibres per millilitre of air as a 4-hour TWA, averaged over any continuous

period of four hours, and the short term exposure limit of 0.6 regulated asbestos fibres per

millilitre of air as a 10-minute TWA, averaged over any 10 minutes, measured in accordance

with HSG248 and monitored according to HSG173 and OESSM.

Z15.2 Upon written request by the Contractor, the Employer certifies that these conditions prevail.

All measurements and reporting are effected by an independent, competent, and certified

occupational hygiene inspection body, i.e. a SANAS accredited and Department of

Employment and Labour approved AAIA. The Contractor may perform Parallel Measurements

and related control measures at the Contractor’s expense. For the purposes of compliance

the results generated from Parallel Measurements are evaluated only against South African

statutory limits as detailed in clause Z15.1. Control measures conform to the requirements

stipulated in the AAIA-approved asbestos work plan.

Z15.3 The Employer manages asbestos and ACM according to the Standard.

Z15.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is

conducted and if so required, with reference to possible exposure to an airborne concentration

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of above the AL for asbestos, immediate control measures are implemented and relevant air

monitoring conducted in order to declare the area safe.

Z15.5 The Contractor’s personnel are entitled to stop working and leave the contaminated area

forthwith until such time that the area of concern is declared safe by either Compliance

Monitoring or an AAIA approved control measure intervention, for example, per the

emergency asbestos work plan, if applicable.

Z15.6 The Contractor continues to Provide the Services, without additional control measures

presented, on presentation of Safe Levels. The contractually agreed dates to Provide the

Services, including the Completion Date, are adjusted accordingly. The contractually agreed

dates are extended by the notification periods required by regulations 3 and 21 of the

Asbestos Regulations, 2001.

Z15.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a

registered asbestos contractor, instructed by the Employer at the Employer’s expense, and

conducted in line with South African legislation.

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Annexure A: One-in-ten-year-return weather data obtained from SA

Weather Bureau for [weather station]

If any one of these weather measurements recorded within a calendar month, before the Completion Date

for the whole of the works and at the place stated in this Contract Data is shown to be more adverse than the

amount stated below then the Contractor may notify a compensation event.

General

The Matla Power Station is situated approximately half way between Bethal and Ogies on the R545, being

just over 30 km from each town and 13 km north-west of Kriel town.

Climate

Matla Power Station is situated in a summer rainfall area with an average annual precipitation of about 750-

mm falling almost entirely during the months of October to April. The average rainfall per month generally

exceeds 40 mm during this period, although drought periods do occur which can last for 20 days or longer.

Drought periods occur most frequently during the months of October/November and March/April. January is

statistically the highest rainfall month with an average monthly rainfall of about 130-mm. June has the lowest

rainfall with an average monthly rainfall of about 7 mm.

Approximately 85% of the annual rainfall occurs in the summer months and heavy falls of 125 to 150 mm

occasionally occur in a single day. The annual average number of thunderstorms is about 75. These storms

are often violent with severe lightning and strong (but short-lived) gusty winds and are sometimes

accompanied by hail. This region has among the highest hail frequencies in South Africa; about 4 to 7

occurrences (depending mainly on altitude) may be expected annually.

January is normally the hottest month with an average daily maximum temperature of 27°C with a mean daily

temperature in winter being about 16°C. Winter average daily temperatures vary from 18, 5°C maximum to

• 1°C minimum. The extreme temperatures recorded range from 34, 7°C to minus 12, 4°C for the period 1920
• 1984. (Source: Weather Bureau, Pretoria)

Winds are generally light to moderate except during thunderstorms. Generally the prevailing wind directions

are from the North West during the day and from the east at night. During daytime, the prevailing winds are

from the north-western direction. During night-time, the prevailing winds are from the north-eastern direction.

The highest recorded average wind speed is 17, 6 km/hour. The average wind velocity over the year is 14,

5 km/hour.

(Source: MSN weather & Weather 24, average records 2008 - 2009.)

Weather Data4

The assumed 1 in 10 year rainfall figures are:

Month Cumulative rain (mm) No of days with rainfall > 10mm

January 200 6

February 150 6

March 120 5

April 110 4

May 40 3

June 20 2

July 30 2

August 30 2

September 60 3

October 140 6

November 160 7

December 170 6

Relative Humidity

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Records for Bethal (2008 - 2009)

The average relative humidity on an annual base are as follows:

08:00 = 80%

14:00 = 52%

20:00 = 73%

Prevailing Winds

Records for Bethal (2008 - 2009)

Winds are mostly north-westerly except for February and March when they are easterly to south-easterly.

The highest wind speeds are recorded from the south-east: on average 14km/h.

Other Climatic Factors

Records for Bethal (2008 - 2009)

Thunder occurs mostly from November to January with average of 35.7 days annually.

a) Hail occurs mostly in December with average of 2.8 days annually.

b) Fog occurs mostly in the winter months with an average of 19 days annually.

c) Snow rarely occurs

d) Cloud coverage is highest in the summer months with annual average as follows:

• 08:00 = 2.8/8
• 14:00 = 3.8/8
• 20:00 = 3.1/8

Evaporation for the area is in rage of 75mm to 190mm per month. The highest evaporation occurs in

December, and the lowest in June.

Topography

The surface topography of the Matla area is typical of the Mpumalanga Highveld consisting in the main of a

gently undulating plateau. The flood plains of the local streams are at an average elevation of ± 1540 meters

above mean sea level and drainage generally is a northerly direction.

Air Quality

The existing and potential sources of air pollution in Matla area are the following:

• Matla Power Station stack emissions
• Matla Power Station dry dust (fly ash) handling plant
• Dust blow from the Eskom coal stock yard
• Dust blow from the roads in the area
• Seasonal dust blow caused by ploughing of farmlands, and dust blow off denuded fields
• Dust blow from dried out exposed surfaces of the wet ash dam.

However, Eskom utilises the majority of the top surface of the ash dam as an evaporation pan for polluted

water, which means that the exposed surface is constantly wet. The sides of the ash dam have largely been

rehabilitated, with the result that dust blow from the ash dam.

Only the difference between the more adverse recorded weather and the equivalent measurement given

above is taken into account in assessing a compensation event.

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C1.2 Contract Data

Part two - Data provided by the Contractor

Notes to a tendering contractor:

1. Please read both the NEC3 Engineering and Construction Contract (April 2013) and the relevant parts

of its Guidance Notes (ECC3-GN)2 in order to understand the implications of this Data which the

tenderer is required to complete. An example of the completed Data is provided on pages 156 to 158

of the ECC3 (April 2013) Guidance Notes.

2. The number of the clause which requires the data is shown in the left hand column for each

statement however other clauses may also use the same data

3. Where a form field like this appears, data is required to be inserted relevant to the option selected.

Click on the form field once and type in the data. Otherwise complete by hand and in ink.

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

Statement Data

10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and

24.1 The Contractor's key persons are:

1 Name:

Job:

Responsibilities:

2 Name:

Job

Responsibilities:

2 Available from Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or see www.ecs.co.za

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Project & contract title

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled .

11.2(3) The completion date for the whole of the

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

Data is

A Priced contract with activity schedule

11.2(20) The activity schedule is in

11.2(30) The tendered total of the Prices is

(in words), excluding VAT

Note “SCC” means Schedule of Cost Components

Data for Schedules of Cost starting on , and “SSCC” means Shorter

Components Schedule of Cost Components starting on

of ECC3 (April 2013).

A Priced contract with activity schedule Data for the Shorter Schedule of Cost

Components

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Project & contract title

C1.3 Forms of Securities

Pro formas for Bonds & Guarantees

For use with the NEC3 Engineering & Construction Contract

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X16: Retention

The Contractor may provide a Retention Money Guarantee in the form stated here. When the Employer

receives and accepts a Retention Money Guarantee exactly in the form stated he will instruct the Project

Manager not to assess any amount be retained in terms of secondary Option X16.

The Contractor shall guarantee his SDL&I Obligations by providing the Employer with an SDL&I Guarantee

in the form provided here.

The organisation providing the bond / guarantee does so by copying the pro forma document onto his

letterhead without any change t the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Project & contract title

Part 2: pricing data

ECC3 Option A

Document Title No of

reference pages

C2.1 Pricing assumptions: Option A

C2.2 The activity schedule

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Project & contract title

C2.1 Pricing assumptions: Option A

1. How work is priced and assessed for payment

Clause 11 in NEC3 Engineering and Construction Contract, (ECC3) Option A states:

Identified and 11

defined terms 11.2 (20) The Activity Schedule is the activity schedule unless later changed in

accordance with this contract.

(27) The Price for Work Done to Date is the total of the Prices for

• each group of completed activities and
• each completed activity which is not in a group.

A completed activity is one which is without Defects which would either delay

or be covered by immediately following work.

(30) The Prices are the lump sum prices for each of the activities on the

Activity Schedule unless later changed in accordance with this contract.

This confirms that Option A is a lump sum form of contract where the work is broken down into activities, each

of which is priced by the tendering contractor as a lump sum. Only completed activities are assessed for

payment at each assessment date; no part payment is made if the activity is not completed by the assessment

date.

2. Function of the Activity Schedule

Clause 54.1 in Option A states: “Information in the Activity Schedule is not Works Information or Site

Information”. This confirms that specifications and descriptions of the work or any constraints on how it is to

be done are not included in the Activity Schedule but in the Works Information. This is further confirmed by

Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”.

Hence the Contractor does not Provide the Works in accordance with the Activity Schedule. The Activity

Schedule is only a pricing document.

3. Link to the programme

Clause 31.4 states that “The Contractor provides information which shows how each activity on the Activity

Schedule relates to the operations on each programme which he submits for acceptance”. Ideally the

tendering contractor will develop a high level programme first then resource each activity and thus arrive at

the lump sum price for that activity both of which can be entered into the activity schedule.

4. Preparing the activity schedule

Generally it is the tendering Contractor who prepares the activity schedule by breaking down the work

described within the Works Information into suitable activities which can be well defined, shown on a

programme and priced as a lump sum.

The Employer, in his Instructions to Tenderers or in a Tender Schedule, may have listed some items that

he requires the Contractor to include in his activity schedule and be priced accordingly.

It is assumed that in preparing his activity schedule the Contractor:

Part c2: pricing data c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Project & contract title

• Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;
• Understands the function of the Activity Schedule and how work is priced and paid for;
• Is aware of the need to link the Activity Schedule to activities shown on his programme;
• Has listed and priced activities in the activity schedule which are inclusive of everything necessary

and incidental to Providing the Works in accordance with the Works Information, as it was at the

time of tender, as well as correct any Defects not caused by an Employer’s risk;

• Has priced work he decides not to show as a separate activity within the Prices of other listed

activities in order to fulfil the obligation to complete the works for the tendered total of the Prices.

• Understands there is no adjustment to the lump sum Activity Schedule price if the amount, or

quantity, of work within that activity later turns out to be different to that which the Contractor

estimated at time of tender. The only basis for a change to the Prices is as a result of a compensation

event.

An activity schedule could have the following format:

Item Programme Activity description Price

No. Reference

Part c2: pricing data c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Project & contract title

C2.2 the activity schedule

The Price List is as follows:

Activity schedule

Item Activity Description Amount

1 Bill No. 1 - Preliminaries and general

1.1 Adhering to SHEQ requirements

1.2 Site Establishment and De-establishment

1.3 Office overheads and other obligations

1.4 Management of the works

1.5 PPE

1.6 Medicals

1.7 Safety File

1.8 Police Clearance

1.9 Transportation of employees

Other (Give descriptions below)

1.10

1.11

1.12

1.13

2 Bill No. 2 - Civil Works

Surface Preparation (Provisional)

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Project & contract title

2.1 Prior to applying spray concrete, all detoriorated

or defective concrete shall be removed.

Substrate repairs should be as follows;

carbonated concrete shall be removed to a

depth of atleast 20mm behind rebar and 50mm

into non carbonated concrete.Where concrete

deterorated due to chloride attack, concrete

shall be removed to a depth of atleast 30mm

behind rebar and 100mm into sound concrete.

Area to be repaired should be clearly marked.

Sprayed concrete shall not be used in

temperatures below 2 deg C on

substratesexposed to windy conditions or

rainfall. Substrates must be damp but

without free water prior to application of sprayed

concrete.

Repairs shall follow the standard for Eskom

Power Station remedial work (240-

144332407) civil concrete remedial

A method statement for execution of this

work is required reviewed and signed off by

the contractor'sProfessional Engineer

ECSA registered. (Refer to Scope of works)

2.2 Sludge Removal in the launder channels and

sump using a vacuum truck approximately

30m3 (Refer to Scope of Works)

Concrete Repairs

2.3 35 Mpa Gunite Concrete to walls - all concrete

works shall be conducted in accordance with

Eskom Standards (240-144332407) Civil

Concrete remedial (Refer to Scope of Works)

2.4 Wire Mesh Ref 395 allow 700m2

2.5 Supply and installation of acid resistant tiles

allow 645m2 (Refer to scope of works)

3 Bill No. 3 - Structural Steel Works

Repair works of the existing grating

3.1 Galvinised steel 50 x 50 x 8mm Equal angle iron

(9m long) - Refer to the Scope of Works

3.2 Galvinised steel 50 x 50 x 8mm Equal angle iron

(5m long) - Refer to scope of works

3.3 Galvinised steel 50 x 50 x 8mm Equal angle iron

(10m long) - Refer to Scope of Works

3.4 Galvinised steel 50 x 50 x 8mm Equal angle iron

(6m long) - Refer to Scope of works

3.5 Galvinised steel 250 x 125 x 6mm I beam (5m

long) - Refer to scope of works

Galvinised Steel Slide Gates

Part c3: scope of work c3.1 Ecc3 employer’s works information

Qualifications:

Experience:

2 Name:

Qualifications:

2 Available from Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or see www.ecs.co.za

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

the works before the Completion Date. the works

42.2 Testing and Defects

43.2 The defects date is 52 weeks after Completion of the whole of the

works.

The defect correction period is 1 weeks

except that the defect correction period for Production loss and SHE requirements is

24hrs

5 and the defect correction period for Low risk (as determined by the Employer) is 1

week

50.1 Payment

51.1 The assessment interval is By the 25 days of each successive month.

51.2 The currency of this contract is the South African Rand.

51.4 The period within which payments are 30 days from the date of submission of the

made is invoice

inspection by the Employer or the Supervisor

before the defects date, without requiring any

inspection not ordinarily carried out by the

any inspection over and above the reasonable

inspection, this does not place a greater

responsibility on the Employer or the

have been discovered on reasonable

inspection by the Employer or the Supervisor

before the defects date, without requiring any

inspection not ordinarily carried out by the

any inspection over and above the reasonable

inspection, this does not place a greater

responsibility on the Employer or the

occupational hygiene inspection body, i.e. a SANAS accredited and Department of

(Reg No. 2002/015527/30)

(Reg No.)

for Sludge Sump Refurbishment

Contents: No of

pages

Part C1 Agreements & Contract Data 24

Part C2 Pricing Data 2

Part C3 Scope of Work 32

Part C4 Site Information 1

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed

Monitor Money Rates Service (or such service

as may replace the Reuters Monitor Money

Rates Service) on the due date for the payment

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

11 The method of measurement is As stated in Part C2.1, Pricing Assumptions.

W1.1 Data for Option W1

W1.2(3) The Adjudicator is the person selected from the ICE-SA Division

(or its successor body) of the South African

Part 2: pricing data

ECC3 Option A

reference pages

C2.1 Pricing assumptions: Option A

C2.2 The activity schedule

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

C2.1 Pricing assumptions: Option A

Part c2: pricing data c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Part c2: pricing data c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

temperatures below 2 deg C on

substratesexposed to windy conditions or

rainfall. Substrates must be damp but

without free water prior to application of sprayed

concrete.

Payment Terms: payment certificate from the Project Manager in terms of core

clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the

Employer's procedures stated in the Works Information, showing the amount due for payment

equal to that stated in the payment certificate.

Z7.3 If the Contractor does not provide a tax invoice in the form and b

1 CSI (Cooperate Social Investment) The Contractor shall spend 2% of contract value on CSI. The list of CSI projects will be provided by Matla Power Station. employees shall hire non-skilled employees from Kriel community. The list of potential employees from Kriel community will be provided by Matla

signature of Date

witness

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and

11.2(13) e-mail

11.2(14) The works are

11.2(15) The following matters will be included in 1. Non-compliance to statutory SHE and legal

the Risk Register requirement which could result to injuries, near

misses and penalties.

no rate is quoted for the currency in question

then the rate for United States Dollars, and if

no such rate appears in The Wall Street

Z5

Z5.1 Waiver and estoppel: Add to core clause 12.3:

rights, and does not give rise to an estoppel unless the Parties agree otherwise and confirm

such agreement in writing.

Z6

Z6.1 Health, safety and the environment: Add to core clause 27.4

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Z6.2 The Contractor undertakes to take all reasonable precautions to maintain the health and safety

of persons in and about the execution of the works. Without limitation the Contractor:

• accepts that the Employer may appoint him as the “Principal Contractor” (as defined and

provided for under the Construction Regulations 2014 (promulgated under the Occupational

Health & Safety Act ) (“the Construction Regulations”) for the Site;

• warrants that the total of the Prices as at the Contract Date includes a sufficient amount for

proper compliance with the Construction Regulations, all applicable health & safety laws

and regulations and the health and safety rules, guidelines and procedures provided for in

this contract and generally for the proper maintenance of health & safety in and about the

execution of works; and

undertakes, in and about the execution of the works, to comply with the Construction

the regulations published in GNR February 2002, under the Occupational Health

and Safety Act, 1993 (Act ) (“Asbestos Regulations”). The OEL for asbestos is 0.2

regulated asbestos fibres per millilitre of air as a 4-hour TWA, averaged over any continuous

period of four hours, and the short term exposure limit of 0.6 regulated asbestos fibres per

millilitre of air as a 10-minute TWA, averaged over any 10 minutes, measured in accordance

with HSG248 and monitored according to HSG173 and OESSM.

Z15.2 Upon written request by the Contractor, the Employer certifies that these conditions prevail.

and related control measures at the Contractor’s expense. For the purposes of compliance

the results generated from Parallel Measurements are evaluated only against South African

statutory limits as detailed in clause Z15.1. Control measures conform to the requirements

stipulated in the AAIA-approved asbestos work plan.

Z15.3 The Employer manages asbestos and ACM according to the Standard.

Z15.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is

conducted and if so required, with reference to possible exposure to an airborne concentration

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

emergency asbestos work plan, if applicable.

Z15.6 The Contractor continues to Provide the Services, without additional control measures

presented, on presentation of Safe Levels. The contractually agreed dates to Provide the

Experience:

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled .

11.2(3) The completion date for the whole of the

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

1 Bill No. 1 - Preliminaries and general

1.1 Adhering to SHEQ requirements

1.2 Site Establishment and De-establishment

1.3 Office overheads and other obligations

1.4 Management of the works

1.5 PPE

1.6 Medicals

1.7 Safety File

1.8 Police Clearance

1.9 Transportation of employees

Other (Give descriptions below)

1.10

1.11

1.12

1.13

2 Bill No. 2 - Civil Works

Surface Preparation (Provisional)

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

and procedures otherwise provided for under this contract and ensures that his Subcontractors,

employees and others under the Contractor’s direction and control, likewise observe and

comply with the foregoing.

• The Contractor, in and about the execution of the works, complies with all applicable

environmental laws and regulations and rules, guidelines and procedures otherwise

provided for under this contract and ensures that his Subcontractors, employees and others

under the Contractor’s direction and control, likewise observe and comply with the

foregoing.

Z7

Z7.1 Provision of a Tax Invoice and interest. Add to core clause 51

Z7.2 Within one week of receiving a payment certificate from the Project Manager in terms of core

clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the

dates are extended by the notification periods required by regulations 3 and 21 of the

Asbestos Regulations, 2001.

Z15.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a

registered asbestos contractor, instructed by the Employer at the Employer’s expense, and

conducted in line with South African legislation.

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

• Matla Power Station stack emissions
• Matla Power Station dry dust (fly ash) handling plant
• Dust blow from the Eskom coal stock yard
• Dust blow from the roads in the area
• Seasonal dust blow caused by ploughing of farmlands, and dust blow off denuded fields
• Dust blow from dried out exposed surfaces of the wet ash dam.

84.1

9 The Employer provides these Information available on the link below

insurances from the Insurance Table http://www.eskom.co.za/live/content.php?Item_ID=9248

(See Annexure C for basic guidance)

10 Termination Termination of the contract is subject to clause

90 of NEC3 Engineering Construction Contract

A Data for main Option clause

60.6 Priced contract with activity schedule As defined in clause 11 of NEC3 Engineering

Construction Contract.

11 The method of measurement is As stated in Part C2.1, Pricing Assumptions.

W1.1 Data for Option W1

W1.2(3) The Adjudicator is the person selected from the ICE-SA Division

(or its successor body) of the South African

Institution of Civil Engineering Panel of

Adjudicators by the Party intending to refer a

dispute to him. (see www.ice-sa.org.za). If the

Parties do not agree on an Adjudicator the

Adjudicator will be appointed by the Arbitration

Foundation of Southern Africa (AFSA).

W1.4(2) The Adjudicator nominating body is: the Chairman of ICE-SA a joint Division of the

South African Institution of Civil Engineering

and the London Institution of Civil Engineers.

(See www.ice-sa.org.za ) or its successor body.

W1.4(5) The tribunal is: arbitration.

The arbitration procedure is the latest edition of Rules for the Conduct of

Arbitrations published by The Association of

Arbitrators (Southern Africa) or its successor

body.

The place where arbitration is to be held is Johannesburg South Africa

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Project & contract title

The person or organisation who will

choose an arbitrator

• if the Parties cannot agree a choice or the Chairman for the time being or his nominee
• if the arbitration procedure does not of the Association of Arbitrators (Southern
• state who selects an arbitrator, is Africa) or its successor body.

Data for secondary o

Option clauses

X2 Changes in the law There is no reference to Contract Data in this

Option and terms in italics are identified

elsewhere in this Contract Data.

X5 Sectional Completion

X5.1 The completion date for each section of

the works is: Section Description Completion

date

1 Cleaning of Sump As per the

approved

Part C1: Agreements & Contract Data

Contents: No of

pages

C1.1 Form of Offer and Acceptance 3

[to be inserted from Returnable Documents at award

stage]

C1.2a Contract Data provided by the Employer 16

C1.2b Contract Data provided by the Contractor 2

[to be inserted from Returnable Documents at award

stage]

C1.3 Proforma Guarantees 1

Contract 2 ecc3 cover pages

ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________

of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange

the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be

provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this

agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall

constitute a repudiation of this agreement.

clauses and the clauses for main Option

A: Priced contract with activity schedule

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2 Changes in the law

X5 Sectional Completion

X7 Delay damages

X13 Performance Bond

X16 Retention

X 17 Low performance damages

X18: Limitation of liability

Z: Additional conditions of contract

10.1 of the NEC3 Engineering and Construction

Contract, April 2013 (ECC3)

10.1 The Employer is (Name): Eskom Holdings SOC Ltd (reg no:

10.1 2002/015527/30), a state owned company

incorporated in terms of the company laws of

the Republic of South Africa

10.1 Address Registered office at Megawatt Park, Maxwell

10.1 Drive, Sandton, Johannesburg

The Project Manager is: (Name)

(calculated on a 365 day year) charged from

time to time by the Standard Bank of South

Africa Limited (as certified, in the event of any

dispute, by any manager of such bank, whose

appointment it shall not be necessary to prove)

for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for

amounts due in other currencies. LIBOR is the

6 month London Interbank Offered Rate quoted

under the caption “Money Rates” in The Wall

in question, adjusted mutatis mutandis every 6

months thereafter and as certified, in the event

of any dispute, by any manager employed in

the foreign exchange department of The

weather data for each weather provided by the Employer.

measurement for each calendar month

are:

80.1 Risks and insurance

and Materials

83.1 Indemnity

83.2 Each Party indemnifies the other against claims, proceedings, compensation, and costs due to

an event which is at his risk.

84 The liability of each Party to indemnify the other is reduced if events at the other Party’s risk

contributed to the claims, proceedings, compensation and costs. The reduction is in proportion

to the extent that the event which were at the other Party’s risk contributed, taking into account

each Party’s responsibilities under this contract.

Insurance Cover

84.1

insurances from the Insurance Table http://www.eskom.co.za/live/content.php?Item_ID=9248

(See Annexure C for basic guidance)

dispute to him. (see www.ice-sa.org.za). If the

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer R0.0 (zero Rand)

for indirect or consequential loss is limited

to:

X18.2 For any one event, the Contractor’s the amount of the deductibles relevant to the

liability to the Employer for loss of or event

damage to the Employer’s property is

limited to:

X18.3 The Contractor’s liability for Defects due to The greater of

his design which are not listed on the

• the total of the Prices at the Contract Date

• the amounts excluded and unrecoverable

from the Employer’s assets policy for

correcting the Defect (other than the

resulting physical damage which is not

excluded) plus the applicable deductible as

at contract date.

X18.4 The Contractor’s total liability to the the total of the Prices other than for the

connection with this contract, other than

excluded matters, is limited to: The Contractor’s total liability for the additional

excluded matters is not limited.

for which the Contractor is liable under this

contract for

• Defects due to his design which arise

before the Defects Certificate is issued,

• Defects due to manufacture and fabrication

outside the Site,

• loss of or damage to property (other than

the works, Plant and Materials),

• death of or injury to a person and
• infringement of an intellectual property

right.

X18.5 The end of liability date is (i) [●] years after the defects date for latent

(ii) the date on which the liability in question

prescribes in accordance with the Prescription

Act No. (as amended or in terms of

any replacement legislation) for any other

matter.

(ii) the date on which the liability in question

prescribes in accordance with the Prescription

Act No. (as amended or in terms of

any replacement legislation) for any other

matter.

constitute a reason for termination. If the Employer terminates in terms of this clause, the

procedures on termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1

and A3 as stated in clause 93.

Z4

Z4.1 Confidentiality

Z4.2 The Contractor does not disclose or make any information arising from or in connection with this

contract available to Others. This undertaking does not, however, apply to information which at

the time of disclosure or thereafter, without default on the part of the Contractor, enters the

public domain or to information which was already in the possession of the Contractor at the

time of disclosure (evidenced by written records in existence at that time). Should the

Contractor disclose information to Others in terms of clause 25.1, the Contractor ensures that

the provisions of this clause are complied with by the recipient.

Z4.3 If the Contractor is uncertain about whether any such information is confidential, it is to be

regarded as such until notified otherwise by the Project Manager.

Z4.4 In the event that the Contractor is, at any time, required by law to disclose any such information

which is required to be kept confidential, the Contractor, to the extent permitted by law prior to

disclosure, notifies the Employer so that an appropriate protection order and/or any other action

can be taken if possible, prior to any disclosure. In the event that such protective order is not,

or cannot, be obtained, then the Contractor may disclose that portion of the information which it

is required to be disclosed by law and uses reasonable efforts to obtain assurances that

confidential treatment will be afforded to the information so disclosed.

The taking of images (whether photographs, video footage or otherwise) of the works or any

portion thereof, in the course of Providing the Works and after Completion, requires the prior

Z4.5

written consent of the Project Manager. All rights in and to all such images vests exclusively in

the Employer.

equal to that stated in the payment certificate.

Z7.3 If the Contractor does not provide a tax invoice in the form and by the time required by this

contract, the time by when the Employer is to make a payment is extended by a period equal in

time to the delayed submission of the correct tax invoice. Interest due by the Employer in terms

of core clause 51.2 is then calculated from the delayed date by when payment is to be made.

The Contractor (if registered in South Africa in terms of the companies Act) is required to

comply with the requirements of the Value Added Tax Act, no (as amended) and to

include the Employer’s VAT number 4740101508 on each invoice he submits for payment.

Z8

Z8.1 Notifying compensation events

Delete from the last sentence in core clause 61.3, “unless the Project Manager should have

notified the event to the Contractor but did not”.

Z9

Z9.1 Employer’s limitation of liability

Z9.2 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is

limited to R0.00 (zero Rand)

The Contractor’s entitlement under the indemnity in 83.1 is provided for in 60.1(14) and the

Employer’s liability under the indemnity is limited.

Z10

Z10.1 Termination: Add to core clause 91.1, at the second main bullet point, fourth sub-bullet

point, after the words "against it":

or had a business rescue order granted against it.

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Z11

Z11.1 Addition to secondary Option X7 Delay damages (if applicable in this contract)

Z12 If the amount due for the Contractor’s payment of delay damages reaches the limits stated in

this Contract Data for Option X7 or Options X5 and X7 used together, the Employer may

terminate the Contractor’s obligation to Provide the Works using the same procedures and

payment on termination as those applied for reasons R1 to R15 or R18 stated in the

or in any other similar process, of such Prohibited Action before the Employer can terminate the

Contractor’s obligation to Provide the Services for this reason.

Z12.4 If the Employer terminates the Contractor’s obligation to Provide the Services for this reason, the

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

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ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

ensures that the Committing Party co-operates fully with an investigation.

Z13

Z 13.1 Insurance

Insurance cover 84

84.1 When requested by a Party, the other Party provides certificates from his

insurer or broker stating that the insurances required by this contract are

in force.

84.2 The Contractor provides the insurances stated in the Insurance Table A.

84.3 The insurances provide cover for events which are at the Contractor’s risk

from the starting date until the earlier of Completion and the date of the

termination certificate.

and Materials covered by the Employer’s insurance

The Employer’s policy deductible, as

Employer’s insurance

property (except the works, Plant and Employer’s property

Materials and Equipment) and liability

covered by the Employer’s insurance (not an employee of the Contractor)

caused by activity in connection with

this contract The Employer’s policy deductible, as

Employer’s insurance

Transportation (Marine) Per the insurance policy document

Z14 Nuclear Liability

Z14.1 The Employer is the operator of the Koeberg Nuclear Power Station (KNPS), a nuclear

installation, as designated by the National Nuclear Regulator of the Republic of South Africa,

and is the holder of a nuclear licence in respect of the KNPS.

Z14.2 The Employer is solely responsible for and indemnifies the Contractor or any other person

against any and all liabilities which the Contractor or any person may incur arising out of or

resulting from nuclear damage, as defined in Act , save to the extent that any

liabilities are incurred due to the unlawful intent of the Contractor or any other person or the

presence of the Contractor or that person or any property of the Contractor or such person at

or in the KNPS or on the KNPS site, without the permission of the Employer or of a person

acting on behalf of the Employer.

Z14.3 Subject to clause Z14.4 below, the Employer waives all rights of recourse, arising from the

aforesaid, save to the extent that any claims arise or liability is incurred due or attributable to

the unlawful intent of the Contractor or any other person, or the presence of the Contractor or

that person or any property of the Contractor or such person at or in the KNPS or on the

receives and accepts a Retention Money Guarantee exactly in the form stated he will instruct the Project

Manager not to assess any amount be retained in terms of secondary Option X16.

letterhead without any change t the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Note:

1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the

Parties and is not the result of a process of competitive tendering.

2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those

permitted in terms of the Conditions of Tender.

3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which

constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the

outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate

the effect of it.

No. Subject Details

1 CSI (Cooperate Social The Contractor shall spend 2% of contract value on CSI. The list of CSI

Investment) projects will be provided by Matla Power Station.

2 Skilled and non-skilled The Contractor will develop local skilled labour at Kriel. The Contractor

employees shall hire non-skilled employees from Kriel community. The list of

potential employees from Kriel community will be provided by Matla

Power Station.

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the

tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the

documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any

confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during

this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period

between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of

this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.

For the tenderer: For the Employer

32.2 The starting date is

35.1 The Contractor submits revised

programmes at intervals no longer than 2 days during project execution and once a

week during procurement and engineering

4 The Employer is not willing to take over Full takeover must be from commissioning of

the works before the Completion Date. the works

42.2 Testing and Defects

43.2 The defects date is 52 weeks after Completion of the whole of the

works.

The defect correction period is 1 weeks

except that the defect correction period for Production loss and SHE requirements is

24hrs

5 and the defect correction period for Low risk (as determined by the Employer) is 1

week

50.1 Payment

51.1 The assessment interval is By the 25 days of each successive month.

51.2 The currency of this contract is the South African Rand.

51.4 The period within which payments are 30 days from the date of submission of the

made is invoice

6 The interest rate is the publicly quoted prime rate of interest

(calculated on a 365 day year) charged from

time to time by the Standard Bank of South

Africa Limited (as certified, in the event of any

dispute, by any manager of such bank, whose

appointment it shall not be necessary to prove)

for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for

amounts due in other currencies. LIBOR is the

6 month London Interbank Offered Rate quoted

under the caption “Money Rates” in The Wall

Street Journal for the applicable currency or if

no rate is quoted for the currency in question

then the rate for United States Dollars, and if

no such rate appears in The Wall Street

Journal then the rate as quoted by the Reuters

Monitor Money Rates Service (or such service

as may replace the Reuters Monitor Money

Rates Service) on the due date for the payment

Part c1: agreements and contract data c1.2B Ecc3 contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Project & contract title

in question, adjusted mutatis mutandis every 6

months thereafter and as certified, in the event

of any dispute, by any manager employed in

the foreign exchange department of The

Standard Bank of South Africa Limited, whose

appointment it shall not be necessary to prove.

60.1(13) Compensation events

The place where weather is to be Matla Power Station main security area

recorded is:

The weather measurements to be

recorded for each calendar month are, the cumulative rainfall (mm)

the number of days with rainfall more than 10

mm

the number of days with minimum air

temperature less than 0 degrees Celsius

the number of days with minimum air

temperature more than 35 degrees Celsius

the number of days with snow lying at 09:00

hours South African Time

and these measurements:

The weather measurements are supplied South African Weather Bureau

by

The weather data are the records of past

weather measurements for each calendar

month which were recorded at: Matla Power Station and surroundings

60.1(13) and which are available from: the South African Weather Bureau and

included in Annexure A to this Contract Data

provided by the Employer

8 Assumed values for the ten year return As stated in Annexure A to this Contract Data

weather data for each weather provided by the Employer.

measurement for each calendar month

are:

80.1 Risks and insurance

These are additional Employer's risks None

81.1 The Contractors risks

82 From the starting date until the defect

certificate has been issued, the risks

which are not carried by the Employer are

carried by the Contractor

82.1 Repairs

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ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Project & contract title

83 Until the defects Certificate has been issued and unless otherwise instructed by the Project

Manager, the Contractor promptly replaces loss of and repairs damaged to the Works, Plant

and Materials

83.1 Indemnity

83.2 Each Party indemnifies the other against claims, proceedings, compensation, and costs due to

an event which is at his risk.

84 The liability of each Party to indemnify the other is reduced if events at the other Party’s risk

contributed to the claims, proceedings, compensation and costs. The reduction is in proportion

to the extent that the event which were at the other Party’s risk contributed, taking into account

each Party’s responsibilities under this contract.

Environmental Requirements for Sludge Sump Refurbishment:

• Implement an Environmental Management System (e.g., ISO 14001), including:
• Environmental Policy
• Objectives and Targets
• Aspects and Impacts Register
• Emergency Preparedness
• Non-Conformance, Corrective, and Preventive Action Procedures
• Defined Roles and Responsibilities
• Develop and submit an Environmental Management Plan covering:
• Handling of Hazardous Chemical Substances
• Site Establishment
• Water Management
• Access Control
• Environmental Human Resources and Training
• Environmental Incident Reporting
• Compliance with Legal Requirements
• Method Statement aligned with the scope of work
• Submit a Waste Management Plan, including:
• Procedure/Method Statement
• Register of Potential Waste Generated
• Waste Segregation and Minimization Measures
• Records of Waste Quantities Disposed (Template Provided)
• Compliance with Waste Legislation
• Include an Environmental Bill of Quantities for costs (e.g., purchase of waste bins).

Compliance Requirements:

• Adhere to all legal environmental requirements as part of the Environmental Management Plan.
• Submit a Contractor’s Commitment and Indemnity Letter.

Health and Safety Requirements:

• Safe Handling of Hazardous Chemical Substances
• Proper Site Establishment with Safety Protocols
• Water Management to Prevent Contamination or Hazards
• Access Control to Restrict Unauthorized Entry
• Allocation of Environmental Human Resources for Safety Oversight
• Environmental Training for Personnel on Safety and Compliance
• Environmental Incident Reporting Procedures
• Compliance with All Legal Health and Safety Requirements
• Submission of a Method Statement Aligned with Scope of Work and Safety Standards

Environmental Requirements:

• Submit a Procedure/Method Statement for Waste Management
• Maintain a Register of Potential Waste Generated by the Project
• Implement Waste Segregation Practices
• Apply Waste Minimization Measures
• Keep Records of Waste Quantities Disposed (Using Provided Template)
• Ensure Compliance with All Relevant Waste Legislation
• Include Environmental Costs (e.g., Purchase of Waste Bins) in the Bill of Quantities

Contractual Terms:

• Submit a Contractor’s Commitment and Indemnity Letter as part of the bid.

Refurbishment of sludge sump at Matla Power Station over a 12-month period. Work must align with the station’s Environmental Management System (EMS) and environmental compliance obligations.

Submit the following returnable documents: Signed Contractors Commitment and Indemnity Letter (Annexure D), completed housekeeping check sheet (Annexure C) to the environmental department before commencement of work.

Scope: Sludge sump refurbishment at Matla Power Station for 12 months. Contractor must: Establish, implement, and maintain an Environmental Management System (EMS) consistent with ISO 14001:2015. Manage environmental aspects as per legislation, licenses, acts, regulations, and station-specific requirements (e.g., OMOP 4402 and OMOP 4090). Identify environmental risks, set performance indicators, and develop management programs for significant aspects. Ensure continual improvement of environmental performance.

Contractor must establish, implement, and maintain an Environmental Management System (EMS) consistent with the ISO 14001:2015 framework. Maintain an EMS file as proof of compliance.

Compliance with ISO 14001:2015 EMS. Fulfill all environmental compliance obligations (licenses, acts, regulations, etc.). Adhere to environmental operational controls and planning as per OMOP 4402 and OMOP 4090. Polluter pays principle: Contractor is liable for any housekeeping or waste-related findings at the end of the contract period. Maintain an EMS file as proof of compliance.

Contractor must: Establish, implement, and maintain an EMS aligned with ISO 14001:2015. Fulfill all environmental compliance obligations (licenses, acts, regulations, etc.). Identify environmental risks and opportunities, set performance indicators, and develop management programs. Ensure continual improvement of environmental performance. Comply with environmental operational controls and planning as per OMOP 4402 and OMOP 4090. Polluter pays principle applies: Contractor is liable for any housekeeping or waste-related findings at the end of the contract. Submit housekeeping check sheet (Annexure C) to the environmental department before work commencement and at contract end. Maintain an EMS file as proof of compliance.

Contractor must ensure all documentation is in line with the authorized version on the system. No part of the document may be reproduced without Eskom’s expressed consent.

Project scope: Refurbishment of sludge sump at Matla Power Station. Contractor must define their specific scope of work and confirm duration (12 months as per tender title).

Required returnable documents: Completed Environmental Contractors Assessment Form (Annexure A) with contractor name, date of assessment, responsible person, and assessor details.

Mandatory forms: Completed Environmental Contractors Assessment Form (Annexure A) with fields for contractor name, date of assessment, responsible person (contractor), and assessor details.

Scope: Refurbishment of sludge sump at Matla Power Station over 12 months. Contractor must specify: duration of work, hazardous chemical substances (e.g., oil, grease, hydrochloric acid, pesticides) with MSDS if applicable, waste generation (type and notification to Matla), need for hazardous chemical storage area, and workshop requirements.

Environmental compliance: Work may be subject to Matla Permit or Record of Decision (e.g., Water Use License, Waste Permit). If transporting waste, provide valid transportation and disposal certificate to Matla Environmental Department. Contractor must be aware of non-conformance procedure OMOP 2255 and polluter pays principles; corrective actions are the contractor’s liability.

Environmental compliance: Contractor must notify Matla of waste generation and specify waste type (hazardous/domestic). If transporting waste, provide transportation and disposal certificate to Matla Environmental Department. Awareness of non-conformance procedure OMOP 2255 and polluter pays principles required; corrective actions are the contractor’s liability. Work may be subject to Matla Permit or Record of Decision (e.g., Water Use License, Waste Permit).

Hazardous materials: Contractor must declare all hazardous chemical substances (e.g., oil, grease, SAF-Heavy, hydrochloric acid, cleaning materials, pesticides) and provide a 16-point MSDS if applicable. Waste management: Notify Matla of any waste generation and specify type (hazardous/domestic). Facilities: Indicate if hazardous chemical storage area or workshop is required for execution.

Document control: When downloaded, this document is uncontrolled. Users must verify alignment with the authorized version on Eskom’s system. No reproduction without expressed consent of Eskom Holdings SOC Ltd (Reg No 2002/015527/30).

Project involves refurbishment of sludge sump at Matla Power Station over 12 months. Work includes civil repairs (concrete removal, sprayed concrete, gunite, tiles), structural steel (grating, angle iron, I-beams, slide gates), mechanical (pumps, plumbing), and professional engineering services (design, inspections). All work must comply with Eskom standards, particularly 240-144332407 for civil concrete remedial work. Method statements require ECSA-registered Professional Engineer sign-off.

Scope of Work: Refurbishment of sludge sump at Matla Power Station, including civil, structural steel, mechanical, and professional engineering services.

Civil Works:

• Surface preparation: Remove deteriorated/defective concrete. For carbonated concrete: remove to 20mm behind rebar and 50mm into non-carbonated concrete. For chloride attack: remove to 30mm behind rebar and 100mm into sound concrete. Clearly mark repair areas.
• Sprayed concrete: Do not apply below 2°C or in windy/rainy conditions. Substrate must be damp but free of standing water.
• Concrete repairs must comply with Eskom Standard 240-144332407 (Civil Concrete Remedial).
• Submit a method statement for execution, reviewed and signed off by a Professional Engineer (ECSA-registered).
• Sludge removal: Use vacuum truck (approx. 30m³) for launder channels and sump.
• Apply 35 MPa gunite concrete to walls.
• Install wire mesh (Ref 395, approx. 700m²).
• Supply and install acid-resistant tiles (approx. 645m²).

Structural Steel Works:

• Repair existing grating.
• Supply and install galvanised steel materials: 50x50x8mm equal angle iron (lengths: 9m, 5m, 10m, 6m), 250x125x6mm I-beam (5m).
• Manufacture, supply, and install rubber-lined slide gates (4x4mm, 2m apart) for west and east sludge discharge lines as a safety precaution.

Mechanical Works:

• Supply and install 2x submersible pumps (min. flow rate: 30L/s, min. head: 90mm).
• Supply and install 2x sludge pumps (min. capacity: 200m³/h, min. head: 100mm).
• Temporary plumbing works for isolation during sump repairs.
• General plumbing work.

Professional Services:

• Civil/Structural Engineering: Design and submission of drawings, inspections.
• Mechanical Engineering: Design and submission of drawings, inspections.

General Requirements:

• Adhere to SHEQ (Safety, Health, Environment, Quality) requirements.
• Site establishment and de-establishment.
• Office overheads and obligations.
• Management of works.
• Provide PPE, medicals, safety file, police clearance.
• Transport employees to/from site.

Submit all returnable documents as part of the tender close-out. Outstanding documents must be submitted within 7 working days of request. Failure to do so may result in disqualification as non-responsive. OHS requirements are mandatory and must be complied with prior to contract signing.

Tenderers have ONE opportunity to submit outstanding documents within 7 working days. Failure to comply may result in disqualification as non-responsive.

Detailed OHS costing must be provided, broken down (not lump sum). Costing must align with the scope of work and risk assessment.

Submit the following: Signed acknowledgement of Eskom’s OHS legal and other requirements form. Health and Safety Plan addressing project OHS risks, aligned with specifications. Valid Letter of Good Standing (COIDA or equivalent). Occupational Health & Safety policy signed by CEO, compliant with OHS Act Section 7 and ISO 45001 Clause 5.2. OHS Baseline Risk Assessment (BRA) with methodology. Competency certificates for: Health and Safety Officer (NQF 6 National Diploma in Safety Management or SAMTRAC NQF 5), Risk Assessment (HIRA), Incident Investigation, First Aid, ISO 45001 awareness. Health and safety statistics for the past three years, including medicals, lost time injuries, occupational diseases, and fatalities. Safety file must be approved by Matla Power Station’s Contract Custodian and OHS professional before work commences.

Work may not commence until the Safety file is approved by Matla Power Station’s Contract Custodian and OHS professional. Submit: Health and Safety Plan addressing project OHS risks, aligned with specifications. Detailed OHS costing (broken down, not lump sum), based on scope of work and risk assessment. OHS Baseline Risk Assessment (BRA) with methodology. Valid Letter of Good Standing (COIDA or equivalent). Occupational Health & Safety policy signed by CEO, compliant with OHS Act Section 7 and ISO 45001 Clause 5.2. Competency certificates for: Health and Safety Officer (NQF 6 or SAMTRAC NQF 5), Risk Assessment (HIRA), Incident Investigation, First Aid, ISO 45001 awareness. Health and safety statistics for the past three years (medicals, lost time injuries, occupational diseases, fatalities).

OHS requirements are mandatory and form part of the procurement process. Compliance is required prior to contract signing.

Evaluation will take place once mandatory and functionality evaluations are completed.

The tender involves the refurbishment of a sludge sump at Matla Power Station over a 12-month period. Bidders must select the applicable category (e.g., Category 1-4) based on their compliance and documentation capabilities, as outlined in the returnable documents template.

Submit the following returnable documents as per the selected category: Form A, ISO 9001:2015 certificate (if applicable), internal and external management system audit reports (including Nonconformity, Correction, and/or Corrective Action Reports), Draft Contract Quality Plan (CQP) and Inspection and Test Plan (ITP) as per Scope of Works (Reference: ISO 10005), and documented roles, responsibilities, and authorities. Save the completed template in PDF format, sign, and preferably lock the sheet before submission. Ensure the print area fits on one page.

Unable to extract eligibility criteria

Compliance with ISO 9001:2015 is required. Bidders must provide evidence of a Quality Management System (QMS) either through valid certification (Option 1) or operational evidence (Option 2). Required documents include QMS manuals, quality policies, objectives, audit reports, and corrective action records as per ISO 9001:2015 clauses.

The tender involves sludge sump refurbishment at Matla Power Station for a period of 12 months. The primary focus is the tax classification of the bidder, which determines PAYE withholding requirements.

Pack validity period: 1 March 2026 to 28 February 2027. Tender closing date: 7 July 2026 at 10:00.

Submit completed documents to your Eskom contractor representative. For tax-related queries, contact Eskom Group Tax Department in Megawatt Park. Copy all submissions to: [email protected]. Required contractor details include: Name, Vendor No., Duly Authorised Representative Name, Surname, Capacity, ID No., Passport No. (if no RSA ID), Country of Passport Issue, VAT Registration No., Income Tax Registration No., CO/CC/Trust Registration No., Email Address, Telephone Number, Fax Number, Physical and Postal Business Address, and Bank Details (Account Number, Bank Name, Branch Name, Branch Number, Account Holder Name, Account Type, Account Holder Relationship).

Submit the completed Pack (signed summary sheet and signed affidavits) to your Eskom contractor representative. Copy Group Tax via email: [email protected]. All fields marked with an asterisk (*) must be completed. Failure to sign required affidavits or declarations will result in PAYE being withheld from payments. Eskom disclaims all liability for loss or damages arising from the use of this Pack. Bidders are responsible for the accuracy and completeness of all information provided. The Pack will not be automatically updated with legislative changes.

Appendix 9 (Non-Resident Declaration) requires: Confirmation of non-resident status in South Africa. Undertaking to notify Eskom of status changes.

Tax classification is determined via a structured questionnaire with yes/no answers. For Companies/CCs/Trusts (Evaluation Pack A) and Individuals (Evaluation Pack B), responses to questions in the Dominant Impression Test (Section 6) and other sections determine whether the bidder is classified as a Personal Service Provider (PSP), Dependent Contractor, Independent Contractor, or Labour Broker. Key criteria: Independent Contractors must not be controlled by Eskom, must not derive >80% income from Eskom, and must employ 3+ non-connected full-time employees. PSPs or Dependent Contractors are subject to PAYE withholding if they fail the Dominant Impression Test or other criteria. Labour Brokers must provide a valid IRP30 exemption certificate to avoid PAYE withholding; otherwise, PAYE applies. Non-residents must sign Appendix 9. Failure to answer truthfully or provide required declarations may result in PAYE withholding.

The tender requires classification of the bidder for tax purposes as one of the following: Independent Contractor, Personal Service Provider (PSP), Labour Broker, or Dependent Contractor. The classification determines whether PAYE will be withheld from payments. The scope involves sludge sump refurbishment at Matla Power Station for a period of 12 months. Employees’ Tax (PAYE) rates and codes: PSP: 28% (coded 3601 or 3616 on IRP5, nature 'H'). Labour Broker with IRP30: No PAYE (IT3(a) code 3617, reason code 07). Labour Broker without IRP30: PAYE withheld at individual rates (IRP5 code 3617). PAYE is calculated on VAT-exclusive amounts.

Tax implications for payments: Labour Brokers with valid IRP30 certificate: No PAYE withheld; IT3(a) certificate issued (code 3617, reason code 07). Labour Brokers without valid IRP30 certificate: PAYE withheld at individual tax rates until certificate is provided; IRP5 certificate issued (code 3617). Dependent Contractors or PSPs: PAYE withheld at 28% (or applicable rates); coded as 3601 or 3616 on IRP5. Independent Contractors: No PAYE withheld. PAYE is calculated on the VAT-exclusive amount.

If classified as a Labour Broker: With valid IRP30 certificate, no Employees' Tax withheld; IT3(a) certificate issued with code 3617 (reason code 07). Without valid IRP30 certificate, Employees' Tax withheld at individual tax rates until certificate is provided; IRP5 certificate issued with code 3617. If classified as Dependent Contractor or PSP: Employees' Tax withheld at 28% (or applicable rates) and coded as 3601 or 3616 on IRP5. Independent Contractors: No PAYE withheld. PAYE is calculated on the VAT-exclusive amount.

Bidders must complete the PAYE Questionnaire to determine tax classification. Required documents include: Signed summary sheet, signed affidavits (Appendices 1-9, as applicable), valid IRP30 exemption certificate (for Labour Brokers), proof of residency, VAT registration, income tax registration, and company/CC/trust registration (where applicable). Bidders must complete the appropriate Evaluation Pack (A for Companies/CCs/Trusts, B for Individuals) and answer all questions truthfully. Fields marked with an asterisk (*) are mandatory. Non-compliance or failure to notify Eskom of changes may result in PAYE withholding and liability for taxes, penalties, and interest imposed by SARS.