How will bids be evaluated?

Section 1: Specific Goals A maximum of 10/20 points may be awarded to a tenderer for the specific goal specified for the tender. The points scored for the specific goal must be added to the points scored for price and the scoring the highest points. B-BBEE Status Level of Number of points Number of points Contributor (90/10 system) (80/20 system) NB: The following documents are required to claim preference points, Tenderer failing to provide documentation for the allocation of preference points will not be • May only score point out of 90/80 for price • Scores 0 points out of 10/20 for specific goals Valves and Actuators Valves 70% MV Motors and Pumps Pumps 70%

What are the important dates and deadlines for this tender?

{"closingDate":"01 April 2023"}

Who should be contacted for queries about this tender?

{"name":null,"email":null,"phone":null,"department":"Kriel Power Station","address":null}

Eskom Supply HP Power Pack Servo Motors Kriel Power Station

Review in progress

The information shown on this card is preliminary. Our procurement team is currently finalising the submission guidelines, evaluation criteria, technical specifications, financial requirements, and compliance sections so you have a clean, bid-ready summary to work from. Documents being finalised: Annex-c_Local content Declaration-Summary Schedule.pdf, Annex-d_Imports Declaration-Supporting schedule to Annex C - Copy.pdf, Technical Criteria for Refurbishment of Reheat safety_HP Bypass valves valves 2025 Rev 1 Signed.pdf and 1 more. You don’t need to refresh — this page will pick up the updated review automatically.

DocumentNEC3 HP Power Pack.pdfReview complete

Contact Information

Source: NEC3 HP Power Pack.pdf (unknown)

{"name":null,"email":"[email protected]","phone":"011 871 3706","department":null,"address":"he parties arising from this Agreement."}

Evaluation Criteria

Source: NEC3 HP Power Pack.pdf (unknown)

Any quality related issues.

Technical Specifications

Source: NEC3 HP Power Pack.pdf (unknown)

Supply Contract (SC3)

Between ESKOM HOLDINGS SOC Ltd

(Reg No. 2002/015527/30)

and

(Reg No. )

for SUPPLY AND DELIVERY OF HP POWER PACK AND SERVO

Motors hydraulic equipment spares as and when

Required basis at kriel power station for the

Period of five years.

Contents: No of

pages

Part C1 Agreements & Contract Data 18

Part C2 Pricing Data 6

Part C3 Scope of Work

Pricing Schedule

Source: NEC3 HP Power Pack.pdf

Contents: No of

pages

Part C1 Agreements & Contract Data 18

Part C2 Pricing Data 6

Part C3 Scope of Work 13

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

Part C2 Pricing Data

Part C3 Scope of Work: Goods Information including Supply Requirements

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

listed Parts.

11.2(8) The Goods Information for the Supplier

design is in:

11.2(11) The tendered total of the Prices is R ,

(in words)

11.2(12) The price schedule is in:

11.2(14) The following matters will be included in

the Risk Register

25.2 The restrictions to access for the Supply

Part 2: pricing data

NEC3 Supply Contract

C2.1 Pricing assumptions 2

C2.2 The price schedule 3

Part c2: pricing data c2 sc3 cover

C2.1 Pricing assumptions

(12) The Price Schedule is the price schedule unless later changed in

accordance with this contract.

Assessing the 50.2 The amount due is

amount due

the Price for each lump sum item in the Price Schedule which the Supplier

has completed,

where a quantity is stated for an item in the Price Schedule, an amount

calculated by multiplying the quantity which the Supplier has completed by

the rate,

plus other amounts to be paid to the Supplier,

less amounts to be paid by or retained from the Supplier.

Clause 53.1 states: Price Schedule is not Goods Information This confirms that

instructions to do work or how it is to be done are not included in the Price Schedule but in the

Goods Information. This is further confirmed by Clause 20.1 which states Supplier Provides

the Goods and Services in accordance with the Goods Hence the Supplier does not

should insert any additional items which he considers necessary. Whichever party provides the

items in the price schedule the total of the Prices is assumed to be fully inclusive of everything

necessary to Provide the Goods and Services as described at the time of entering into this

contract.

Read Pages 8, 11, 12 and Appendix 5 of the SC3 Guidance Notes before preparing the price

schedule;

Included in his Prices and rates for correction of Defects (core clause 43.1) as there is no

Part c2: pricing data c2.1 Sc3 pricing assumptions

across other Prices and rates in order to fulfil the obligation to Provide the Goods and

Services for the tendered total of the Prices;

may arise as a result of a compensation event.

3.1. Format of the price schedule

Entries in the first four columns in the price schedule in section C2.2 are made either by the

goods and services are provided, a unit of time is stated in the Unit column and the length of time (as

a quantity of the stated units of time) is stated in the Quantity column.

Part c2: pricing data c2.1 Sc3 pricing assumptions

Financial Requirements

Source: NEC3 HP Power Pack.pdf (unknown)

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

clause 51.1, the Supplier provides the Purchaser with a tax invoice in accordance with the

Purchaser's procedures stated in the Goods Information, showing the amount due for payment

equal to that stated in the payment certificate.

Z7.2 If the Supplier does not provide a tax invoice in the form and by t

Compliance Requirements

Source: NEC3 HP Power Pack.pdf (unknown)

No specific requirements found

B-BBEE Minimum Level: 1

B-BBEE Details: deemed to be jointly

and severally liable to the Purchaser for the performance of this contract.

Z2.2 Unless already notified to the Purchaser, the persons or organisations notify the Supply

Manager within two weeks of the Contract Date of the key person who has the authority to bind

the Supplier on their behalf.

Z2.3 The Supplier does not alter the composition of the joint venture, consortium or other

unincorporated grouping of two or more persons without the consent of the Purchaser having

been given to the Supplier in writing.

Z3 Change of Broad Based Black Economic Empowerment (B-BBEE) status

Z3.1 Where a change in the Supplier legal status, ownership or any other change to his business

composition or business dealings results in a change to the Supplier -BBEE status, the

Supplier notifies the Purchaser within seven days of the change.

Z3.2 The Supplier is required to submit an updated verification certificate and necessary supporting

documentation confirming the change in his B-BBEE status to the Supply Manager within thirty

days of the notification or as otherwise instructed by the Supply Manager.

Z3.3 Where, as a result, the Supplier B-BBEE status has decreased since the Contract Date the

Purchaser may either re-negotiate this contract or alternatively, terminate the Supplier

obligation to Provide the Goods and Services.

Z3.4 Failure by the Supplier to notify the Purchaser of a change in its B-BBEE status may constitute

a reason for termination. If the Purchaser 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 Confidentiality

Z4.1 The Supplier does not disclose or make any information arising from or in connection wi

Health & Safety

Source: NEC3 HP Power Pack.pdf

signature of Date

witness

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

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

Z4.4 The taking of images (whether photographs, video footage or otherwise) of the goods or any

portion thereof, in the course of Providing the Goods and Services and after Delivery, requires

the prior written consent of the Supply Manager. All rights in and to all such images vests

exclusively in the Purchaser.

Z4.5 The Supplier ensures that all his subcontractors abide by the undertakings in this clause.

Z5 Waiver and estoppel: Add to core clause 12.3:

Z5.1 Any extension, concession, waiver or relaxation of any action stated in this contract by the

not give rise to an estoppel unless the Parties agree otherwise and confirm such agreement in

writing.

Z6 Health, safety and the environment: Add to core clause 25.4

Z6.1 The Supplier undertakes to take all reasonable precautions to maintain the health and safety of

persons in and about the provision of the goods and execution of the services.

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

proper compliance with 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 supply and

undertakes, in and about the execution of the supply, to comply with all applicable health &

safety laws and regulations and rules, guidelines and procedures otherwise provided for

under this contract and ensures that his Subcontractors, employees and others under the

direction and control, likewise observe and comply with the foregoing.

Z6.2 The Supplier, in and about the execution of the supply, 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

direction and control, likewise observe and comply with the foregoing.

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

Z7.1 Within one week of receiving a payment certificate from the Supply Manager in terms of core

clause 51.1, the Supplier provides the Purchaser with a tax invoice in accordance with the

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

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 Supplier, the Purchaser 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

and related control measures at the Supplier

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 Purchaser 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

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 Supplier

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

emergency asbestos work plan, if applicable.

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

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

on which the spares will be required. This will ensure quality and sustainable maintenance basis for all

plant work required to provide optimal plant performance at the lowest cost possibly. The original

equipment manufacturers are required to provide specifications of the hydraulic spares to be supplied

and must be supplied or delivered with

the required documents for traceability, material certification and data books/sheets attached.

Environmental

Source: NEC3 HP Power Pack.pdf

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

registered asbestos contractor, instructed by the Purchaser at the Purchaser

conducted in line with South African legislation.

Part c1: agreements and contract data c1.2A Sc3 contract data part 1

Contractual Terms

Source: NEC3 HP Power Pack.pdf

of Deviations (if any), contact the Purchaser

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.

Any quality related issues.
Any matter that deviates from the

specification.

Any force majeure issues such as protests,

covid restrictions.

11.2(15) The Goods Information is in Part 3: Scope of Work and all documents and

drawings to which it makes reference.

11.2(15) The Supply Requirements as part of the Part C3 of the NEC , item 3.

50.1 The assessment interval is 1 Week after each delivery acceptance.

51.1 The currency of this contract is the South African Rand

51.2 The period within which payments are 1. 30 days for Contracts with a value less than

made is R50M.

60 days for Contracts with a value greater

than R50M.

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

(calculated on a 365 day year) charged from

time to time by the Standard Bank of South

Africa Limited (as certified, in the event of any

dispute, by any manager of such bank, whose

appointment it shall not be necessary to prove)

for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for

amounts due in other currencies. LIBOR is the

6 month London Interbank Offered Rate quoted

Monitor Money Rates Service (or such service

as may replace the Reuters Monitor Money

Rates Service) on the due date for the payment

in question, adjusted mutatis mutandis every 6

months thereafter and as certified, in the event

of any dispute, by any manager employed in

the foreign exchange department of The

insurance

80.1 These are additional Purchaser risks Not applicable

88.1 The Supplier liability to the Purchaser for

Part c1: agreements and contract data c1.2A Sc3 contract data part 1

indirect or consequential loss, including

loss of profit, revenue and goodwill is

limited to R0.0 (zero Rand)

88.2 For any one event, the Supplier liability (1) for the Purchaser existing and

to the Purchaser for loss of or damage to surrounding property in the care, custody and

the Purchaser property is limited to control of the Supplier the amount of the

deductible (first amount payable) relevant to

the event

and

(2) for all other existing Purchaser property

the applicable deductible as at contract date

88.3 The Supplier liability for Defects due to his Not applicable

design which are not notified before the last

defects date is limited to:

88.4 The Supplier total liability to the The total of the Prices

in connection with this contract, other than

the excluded matters, is limited to

88.5 The end of liability date is 1 year after delivery to the spare to the plant.

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

e-mail To be known once the dispute arises

94.2(3) The Adjudicator nominating body is: the Chairman of ICE-SA, a Division of the

obligation to Provide the Goods and Services.

Z3.4 Failure by the Supplier to notify the Purchaser of a change in its B-BBEE status may constitute

a reason for termination. If the Purchaser 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 Confidentiality

Z4.1 The Supplier 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 Supplier, enters the public

domain or to information which was already in the possession of the Supplier at the time of

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

disclose information to Others in terms of clause 23.1, the Supplier ensures that the provisions

of this clause are complied with by the recipient.

Z4.2 If the Supplier is uncertain about whether any such information is confidential, it is to be

regarded as such until notified otherwise by the Supply Manager.

Z4.3 In the event that the Supplier is, at any time, required by law to disclose any such information

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

disclosure, notifies the Purchaser 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 Supplier 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.

Part c1: agreements and contract data c1.2A Sc3 contract data part 1

Z9 limitation of liability

Z9.1 The liability to the Supplier for the indirect or consequential loss is

limited to R0.00 (zero Rand)

Z9.2 The Supplier

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

Z10

point, after the words "against it":

Z10.1 or had a business rescue order granted against it.

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

Z11.1 If the amount due for the Supplier

Contract Data for Option X7, the Purchaser may terminate the Supplier

the Goods and Services using the same procedures and payment on termination as those

applied for reasons R1 to R15 or R18 stated in the Termination Table.

Z12 Ethics

court or in any other similar process, of such Prohibited Action before the Purchaser can

terminate the Supplier

Z12.3 If the Purchaser terminates the Supplier

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

Z12.4 A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited

Z13Insurance

Z 13.1 Replace core clause 84 with the following:

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 Supplier provides the insurances stated in the Insurance Table A

for events which are at the Supplier starting date until

the last defects date or a termination certificate has been issued.

Part c1: agreements and contract data c1.2A Sc3 contract data part 1

goods, plant and materials s insurance.

damage to property Purchaser

(except the goods, plant The replacement cost where not covered by the

and materials and s insurance.

equipment) and liability for

bodily injury to or death of The Purchaser

a person (not an employee Contract Date, where covered by the

of the Supplier) caused by s insurance.

activity in connection with

this contract Other property

bodily injury to employees

of the Supplier arising out

of and in the course of

their employment in

connection with this

contract

Z _13.2 Replace core clause 87 with the following:

Insurance by 87

the Purchaser

87.1 The Purchaser provides the insurances stated in the Insurance Table B

Transportation (Marine) Per the insurance policy document

Z14 Nuclear Liability

Z14.1 The Purchaser 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 Purchaser is solely responsible for and indemnifies the Supplier or any other person

against any and all liabilities which the Supplier 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 Supplier or any other person or the

presence of the Supplier or that person or any property of the Supplier or such person at or in

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

on behalf of the Purchaser.

Z14.3 Subject to clause Z14.4 below, the Purchaser 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 Supplier or any other person, or the presence of the Supplier or that

person or any property of the Supplier or such person at or in the KNPS or on the KNPS site,

without the permission of the Purchaser or of a person acting on behalf of the Purchaser.

Z14.4 The Purchaser 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

insurance requirements incidental to the supply and transport of the goods from Supplier to Purchaser.

For each of the thirteen terms, Incoterms set out obligations of the seller (the Supplier) in ten paragraphs

identified as A1 to A10 and the corresponding obligations of the buyer (the Purchaser) in paragraphs B1 to

B10. These obligations cover the following subjects:

A1 Provision of goods in conformity with B1 Payment of the price

contract

A2 Licences, authorisations and formalities B2 Licences, authorisations and formalities

A3 Contracts of carriage and insurance B3 Contracts of carriage and insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Division of costs B6 Division of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Proof of delivery, transport document or B8 Proof of delivery, transport document or

equivalent electronic message equivalent electronic message

A9 Checking - packing - marking B9 Inspection of goods

A10 Other obligations B10 Other obligations

[Should there be a need to amplify any of the published obligations listed above for the chosen INCOTERM,

add them here.]

Part 3: Scope of Work ................................................................................................................................................ 1

C3.1: Goods Information .................................................................................................................... 2

1 Overview and purpose of the goods and services ..................................................................................... 4

2 Specification and description of the goods ................................................................................................. 4

2.1 Purchaser ............................................................................................................................... 5

2.2 Procedure for submission and acceptance of Supplier .......................................................... 5

2.3 Other requirements of the Supplier ........................................................................................ 5

2.4 Use of Supplier ....................................................................................................................... 5

2.5 Manufacture & fabrication .............................................................................................................................. 6

2.6 Factory acceptance testing (FAT) ................................................................................................................. 6

2.7 Other tests and inspections and commissioning in place of use................................................................ 6

2.8 Operating manuals and maintenance schedules ........................................................................................ 6

3 Supply Requirements ....................................................................................................................................... 6

4 Specification of the services to be provided ............................................................................................... 7

5 Constraints on how the Supplier Provides the Goods .............................................................................. 7

5.1 Programming constraints ............................................................................................................................... 7

5.2 Work to be done by the Delivery Date .......................................................................................................... 7

5.3 Marking the goods .......................................................................................................................................... 7

5.3.1 Valve name plate markings .................................................................................................................. 7

5.3.2 Valve body markings ............................................................................................................................. 7

5.4 Constraints at the delivery place and place of use ...................................................................................... 7

5.5 Cooperating with Others ................................................................................................................................ 7

5.6 Services & other things to be provided by the Purchaser or Supplier ....................................................... 8

5.7 Management meetings ................................................................................................................................... 8

5.8 Documentation control ................................................................................................................................... 8

5.9 Health and safety risk management ............................................................................................................. 8

5.10 Environmental constraints and management .......................................................................................... 8

5.11 Quality ......................................................................................................................................................... 9

5.12 Invoicing and payment .............................................................................................................................. 9

5.13 Insurance provided by the Purchaser ...................................................................................................... 9

5.14 Contract change management ................................................................................................................. 9

5.15 Provision of bonds and guarantees ........................................................................................................ 10

5.16 Records of Defined Cost, payments & assessments of compensation events to be kept by the

Supplier 10

Part c3: scope of work c3.1 Sc3 purchaser goods information

DocumentFORM A.docxReview complete

DocumentEskom - Standard Conditions of Tender (August 2024).pdfReview complete

DocumentAnnexure B.docxReview complete

DocumentScope of Work for Kriel Power Station HP Power Pack and Servo Motors Hydraulic Equipment Spares 20251015 Rev 2_1 Signed.pdfReview complete

DocumentInvitation to Tender (ITT) HP Power Pack Rev. 27 - 30 October 2025.pdfReview complete

DocumentE-tendering Help Manual for supplier - 27 January 2025.docxReview complete

DocumentAnnex-c_Local content Declaration-Summary Schedule.pdfCompliance review in progress

DocumentList of Tender Returnables- HP Power Pack and Servo Motors Hydraulic Equipment Spares .pdfReview complete

DocumentSafety Returnables.pdfReview complete

DocumentEskom General Conditions of Purchase - 31 May 2024.pdfReview complete

DocumentSDL&I strategy for Supply and Delivery of HP Power Pack and Servo Motors - Copy.pdfReview complete

DocumentCommercial Code of Ethics 32-527 Rev 0.pdfReview complete

Document240-109253302 _ Quality Control Plan or Inspection Test Plan (QCP or ITP) rev 2.docxReview complete

DocumentAnnex-e_Local Content Declaration-Supporting Schedule to Annex C.pdfCompliance review in progress

DocumentAnnexure B.pdfReview complete

DocumentE-Tenderers E-Tendering Training Acknowledgement Form - 27 January 2025.docxReview complete

DocumentSafety Returnables.docxReview complete

Document240-109253698 CQP Template.docxReview complete

Document240-113650212 Eskom Supplier Integrity Pact Rev 2 June 2028.pdfReview complete

Evaluation Criteria

Source: Eskom - Standard Conditions of Tender (August 2024).pdf (TENDER)

demonstrate that aspects of the tender satisfy the evaluation criteria, or the negotiation of

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

returnables Invitation to Tender by the required deadlines will be disqualified from further evaluation.

materials and will result in its disqualification from further evaluation.

Functionality 3.12 If functionality is a criterion, tenderers will be scored against the functionality criteria and

further evaluation.

(if applicable) financial risk to Eskom in the execution of the contract. During evaluation of a tenderer’s

Evaluation of Price 3.14 Evaluate the Price in accordance with the criteria/requirements in the Tender Data.

Evaluation of 3.16 Score the Specific Goals with reference to the supporting documentation in the tender. If

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

tenderer will score zero points for Specific Goals within the 90/10 or 80/20 allocation of

Ranking of tenders 3.17 Eskom will add the score for Pricing and Specific Goals together and rank the tenderers

Objective criteria 3.18 A contract may be awarded to a tenderer that did not score the highest points only in

must stipulate the Objective Criteria in the Enquiry. Functionality and any element of the

B-BBEE scorecard may not be used as Objective Criteria.

Reverse e-Auction 3.19 Reverse e-auction is an electronic system that utilises the 90/10 and 80/20 Price and

Preference point systems, and which is intended to achieve competitive pricing. Eskom

(NT instructions, designated for local content and/or production by the dtic, PPPFA Regulations; Amended

CIDB, PPPFA etc) B-BBEE Codes, COIDA; OHS Act; Eskom’s requirements for Safety, Health, Environment and

Quality (SHEQ) and any other applicable legislation or regulatory instruments indicated in the

Health, environmental and quality (SHEQ) systems, policies and capabilities are in place at the

Quality reflected in the tender.

Pricing Schedule

Source: Eskom - Standard Conditions of Tender (August 2024).pdf

a reasonable time for tenderers to make consequential adjustments to their tenders

before the closing date and time for submission.

Insurance 2.17 The extent (if any) of insurance provided by Eskom may not be for the full cover required

in the conditions of contract. The tenderer is advised to seek qualified advice regarding

insurance.

Pricing the tender 2.18 Include in the rates, prices, and the tendered total of the Prices all duties, taxes (including

VAT), and other levies payable by the tenderer if successful. Such duties, taxes and

levies are those applicable 14 (fourteen) days prior to the closing date and time for tender

submission.

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

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

240-62044728 Rev 11 Eskom Standard Identifier

Conditions of Tender Effective Date 01 August 2024

Review Date August 2029

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

other currencies. Submit Prices in Rands in accordance with the exchange rate and

base date as stipulated in the Invitation to tender.

Alterations to 2.21 Not make any alterations or additions to the tender documents, other than for purposes

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

correct errors made by the tenderer. All such alterations shall be initialed by all

signatories to the tender. Corrections may not be made using correction fluid, correction

tape or the like.

Alternative tenders 2.22 Submit alternative tenders only if a main tender is also submitted, and only if the

submission of alternative tenders is permitted by the Enquiry. Accept that an alternative

tender may be based only on the criteria stated in the Tender Data.

Clarification and 2.23 Provide clarification and documents as may be required by the Eskom Representative

correction of Prices during the evaluation of tenders. Note that documents identified as mandatory tender

after tender returnables that are required to be submitted at the closing date and time for tender

submission submission will not be requested and may not be submitted after the closing date and

time. A clarification that requires the tenderer to provide a breakdown of its tendered rates

or Prices may not result in changes to prices or the substance of the submitted tender,

except as required by the Eskom Representative to confirm the correction of arithmetical

errors discovered during evaluation. The total of the Prices as corrected by Eskom with

the concurrence of the tenderer shall be binding upon the tenderer.

Sign Form of 2.24 Undertake to check the final draft of the contract provided by the Eskom Representative

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

Arithmetical errors 3.15 Check responsive tenders for arithmetical errors. If there is a discrepancy between an

amount in figures and the amount in words, the amount in words shall prevail.

Check the highest-ranked tender for the following errors or omissions: -

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

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

c) arithmetical errors in line item totals that are the result of the incorrect multiplication

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

d) arithmetical errors that are the result of the incorrect addition of the prices.

will request the tenderer to either confirm the prices as tendered or to accept the

corrected prices.

Where the tenderer elects to confirm the prices as tendered; Eskom will correct the error

as follows: -

a) If a bill of quantities or pricing schedule applies and there is an error in the line-item

total that is the result of an error in multiplying the unit rate and the quantity, the line item

total shall prevail, and the rate shall be corrected.

b) Where there is a misplacement of the decimal point in the unit rate, the line-item total

as quoted shall prevail, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices that is the result either of other

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

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

item prices (and their rates if a bill of quantities applies) to result in the tendered total of

the prices.

documentation by closing date and time of tender submission, the tenderer will not be

disqualified if otherwise evaluated as acceptable in all other criteria; however, the

tenderer will score zero points for Specific Goals within the 90/10 or 80/20 allocation of

points.

Ranking of tenders 3.17 Eskom will add the score for Pricing and Specific Goals together and rank the tenderers

from the highest to the lowest.

Objective criteria 3.18 A contract may be awarded to a tenderer that did not score the highest points only in

accordance with Section 2(1) (f) of the Preferential Procurement Policy Framework Act,

If Eskom intends to apply Objective Criteria envisaged in section 2(1)(f), Eskom

must stipulate the Objective Criteria in the Enquiry. Functionality and any element of the

Compliance Requirements

Source: Eskom - Standard Conditions of Tender (August 2024).pdf (TENDER)

CIDB 2.28 Where the Tender Data has stipulated CIDB grading/s as a qualification criterion, tenderers are required to be registered with the Construction Industry Development Board at the closing date and time for submission of tenders or to be capable of being so registered within twenty-one (21) working days from the closing date and time for submission of tenders. Contract Skills 2.29 If the tenderer is awarded a contract, it, as Contractor, shall achieve in the performance Development of the contract the Contract Skills Development Goals (CSDG) established in the CIDB Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom - Standard Conditions of Tender (August 2024) Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 11 Eskom Standard Identifier Conditions of Tender Effective Date 01 August 2024 Review Date August 2029 Goal (CSDG) Standard for Developing Skills through Infrastructure Contract (published in GN 1779, Government Gazette No. April 2023) CSDG is applicable to a contract or an order issued in terms of a framework agreement that has a duration of 12 months or more, and to

a contract of R5 million or more, in the case of a professional service or service contract or an order issued in terms of such a contract; or

a cidb grading designation of grade 7 or higher, in case of an engineering and construction works, or design and build contract or an order issued in terms of such a contract. Contract 2.30 The Contractor shall achieve in the performance of the contract the Contract Participation Participation Goals (CPG) relating to the engagement of targeted enterprises as Goals (CPG) established in the CIDB standard for indirect targeting for enterprise development through Construction works contracts (published in Government Gazette No. February 2013). The requirements of a contract participation goal relating to the engagement of targeted enterprises as established in the aforesaid standard applies to: (a) construction works contracts in the General Building (GB) and to Civil Engineering (CE) classes of construction works; (b) construction works contracts of an estimated minimum project duration of 6 months; and (c) construction works contracts in which at least 25% of the main contract could reasonably be expected to be subcontracted out in one or more of the following CIDB classes of construction works

Civil Engineering (CE) ii) Electrical Engineering Work (EB) iii) General Building Works (GB) iv) Mechanical Engineering (ME) 2.31 Eskom may disqualify a tender if it is found that the tenderer has misrepresented or falsified any information, certificate, affidavit or document. Eskom will report any fraud in relation to a tenderer’s B-BBEE certificate/affidavit, or evidence of ‘fronting’ as defined in the B-BBEE Act , as amended, to the B-BBEE Commission. Cataloguing 2.32 The successful tenderer may be required to provide the cataloguing information per item after contract award and will need to ensure that all materials delivered to Eskom are labelled in line with Eskom’s labelling specifications as may be stipulated by Eskom. Where cataloguing is a requirement, the Pricing Schedule must also include a line item for cataloguing, which tenderers are required to quote for. Eskom will pay for the cataloguing. Provision of 2.33 If the provision of security for performance in the form of a performance bond or a Security for demand guarantee is a requirement, the tenderer must select a minimum of two (2) Performance financial institutions that it is likely to approach from the list provided of Eskom-approved financial institutions. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom - Standard Conditions of Tender (August 2024) Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 11 Eskom Standard Identifier Conditions of Tender Effective Date 01 August 2024 Review Date August 2029 Eskom’s 3. Eskom shall comply with the following obligations: - Obligations Respond to 3.1 Respond to a request for clarification that Eskom receives before the closing date for requests for clarification or queries. Eskom’s responses will be published to all tenderers in the same clarification manner the enquiry documents were issued. It is the tenderers’ responsibility to check the Eskom Tender Bulletin and NT e-Tender Portal regularly for updated responses to clarifications. Issue Addenda 3.2 If necessary and prior to the closing date and time for tender submission, amend, amplify, or add to the Enquiry documents by way of Addenda published in the same media that the Enquiry was issued. It is the tenderers’ responsibility to check the Eskom Tender Bulletin and NT e-Tender Portal regularly for Addenda. If a tenderer applies for an extension to the closing date and time for tender submission in order to take account of the Addenda in preparing its tender, Eskom may grant such an extension and shall publish the extension. Return late tenders 3.3 Return tenders received after the closing date and time for tender submission unopened to the tenderer. Tenders will be deemed to be late if they are not received in the designated tender box or at the designated facsimile machine at the date and time stipulated as the closing date and time for tender submission Tender opening 3.4 Open the tenders in the presence of the tenderers’ representatives who choose to attend the tenders’ opening at the time and place stated in the Tender Data. Tenders for which a notice of withdrawal has been submitted will not be opened. 3.5 At tender opening, Eskom will announce the names of the tenderers. Prices may be announced if so, stated in the Tender Data. Non-disclosure 3.6 Unless required by law, Eskom will not disclose information relating to the evaluation and comparison of tenders and recommendations for the award of a contract to tenderers or to any other person not officially concerned with the tender process until after the award. Grounds for 3.7 Reject a tender if Eskom establishes that there is proof that the tenderer influenced the rejection processing of tenders or the awarding of the contract, the existence of collusion and/or bid rigging, and/or that the tenderer has participated in any fraudulent activity in connection with the enquiry. Clarification of a 3.8 Obtain clarification from a tenderer in respect of any matter in the tender that may not be tender clear or that could give rise to ambiguity in a contract arising from this tender if the matter were not to be clarified. A document that the Enquiry identifies as a mandatory tender returnable that is required to be submitted at the closing date and time for tender submission will not be requested, but Eskom may seek clarity on it. Basic Compliance 3.9 Determine before detailed evaluation, whether each tender received meets the basic compliance requirements stated in the Enquiry. A tenderer’s failure to comply with the basic compliance requirements will render the tender non-responsive. A tenderer’s failure to have submitted an original tender in paper form or to have submitted a copy of the original, also in paper form, will result in its disqualification from further evaluation. Tenderers will not be permitted to provide a copy of the original tender after the closing date and time for tender submission. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom - Standard Conditions of Tender (August 2024) Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 11 Eskom Standard Identifier Conditions of Tender Effective Date 01 August 2024 Review Date August 2029 Mandatory tender 3.10 A tender that does not contain the mandatory documents or information stipulated in the returnables Invitation to Tender by the required deadlines will be disqualified from further evaluation. Designated 3.11 A tender’s failure to meet an Enquiry’ s stipulated requirement for designated materials materials and will result in its disqualification from further evaluation. thresholds Functionality 3.12 If functionality is a criterion, tenderers will be scored against the functionality criteria and requirements will be required meet the minimum threshold stated in the Tender Data to proceed to further evaluation. Financial analysis 3.13 Eskom has to determine the risk of doing business with a supplier who may pose a (if applicable) financial risk to Eskom in the execution of the contract. During evaluation of a tenderer’s financial statements, Eskom will attempt to identify mitigating factors or requirements for the tenderer to meet, if such factors/requirements exist in the tender’s context. However, should suitable mitigating factors not exist in the tender’s context or should mitigating factors exist but be insufficient or if the risk is considered to be too high or should the tenderer not agree with the mitigating factors, the tenderer will not be considered for award. Evaluation of Price 3.14 Evaluate the Price in accordance with the criteria/requirements in the Tender Data. Factors such as CPA, FOREX, commodity increases, discounts, NPV and forecasted rates of invoicing are taken into account when determining the tendered Price. Arithmetical errors 3.15 Check responsive tenders for arithmetical errors. If there is a discrepancy between an amount in figures and the amount in words, the amount in words shall prevail. Check the highest-ranked tender for the following errors or omissions

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

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

arithmetical errors in line item totals that are the result of the incorrect multiplication of a unit rate and a quantity in a bill of quantities or schedule of prices; or

arithmetical errors that are the result of the incorrect addition of the prices. Eskom will notify the tenderer of all arithmetical errors or omissions it has identified and will request the tenderer to either confirm the prices as tendered or to accept the corrected prices. Where the tenderer elects to confirm the prices as tendered; Eskom will correct the error as follows

If a bill of quantities or pricing schedule applies and there is an error in the line-item total that is the result of an error in multiplying the unit rate and the quantity, the line item total shall prevail, and the rate shall be corrected.

Where there is a misplacement of the decimal point in the unit rate, the line-item total as quoted shall prevail, and the unit rate shall be corrected.

Where there is an error in the total of the prices that is the result either of other corrections required by the checking process or in the tenderer’s addition of prices, the total of the prices shall prevail, and the tenderer shall be asked to revise the selected item prices (and their rates if a bill of quantities applies) to result in the tendered total of the prices. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom - Standard Conditions of Tender (August 2024) Template ID: 240-43921804 (Rev 7) Header and Footer portrait template Document 240-62044728 Rev 11 Eskom Standard Identifier Conditions of Tender Effective Date 01 August 2024 Review Date August 2029 Eskom will reject the tender if the tenderer does not correct and/or does not accept the correction of errors as required above. Evaluation of 3.16 Score the Specific Goals with reference to the supporting documentation in the tender. If Specific Goals a tenderer fails to meet Specific Goals and/or to submit the required proof/supporting documentation by closing date and time of tender submission, the tenderer will not be disqualified if otherwise evaluated as acceptable in all other criteria; however, the tenderer will score zero points for Specific Goals within the 90/10 or 80/20 allocation of points. Ranking of tenders 3.17 Eskom will add the score for Pricing and Specific Goals together and rank the tenderers from the highest to the lowest. Objective criteria 3.18 A contract may be awarded to a tenderer that did not score the highest points only in accordance with Section 2(1) (f) of the Preferential Procurement Policy Framework Act,

If Eskom intends to apply Objective Criteria envisaged in section 2(1)(f), Eskom must stipulate the Objective Criteria in the Enquiry. Functionality and any element of the B-BBEE scorecard may not be used as Objective Criteria. Reverse e-Auction 3.19 Reverse e-auction is an electronic system that utilises the 90/10 and 80/20 Price and Preference point systems, and which is intended to achieve competitive pricing. Eskom may utilise reverse e-auction in certain Enquiries. Where reverse e-auction will be utilised, this will be indicated in the Enquiry and the reverse e-auction supporting documents will be issued in the Enquiry. Tenderers will be required to submit a complete tender that does not contain Prices. If a tenderer has included prices in its tender, the prices will not be considered. Acceptance of 3.20 Notify Eskom's acceptance to the successful tenderer before the expiry of the tender tender validity period. For open tenders, publish notification of award on the platforms on which the Enquiry was issued/advertised. Prepare contract 3.21 Revise the contract documents issued by Eskom in the Enquiry documents to take documents account of:  Addenda issued during the tender period;  inclusion of returnables stipulated in the Enquiry;  inclusion of changes agreed in contract negotiations; and  other revisions or documents agreed in contract negotiations. Sign Form of 3.22 Arrange for authorised signatories of both parties to complete and sign the original and Agreement one copy of the Form of Agreement. Public When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30 of 9 File name: Eskom - Standard Conditions of Tender (August 2024) Template ID: 240-43921804 (Rev 7) Header and Footer portrait template

B-BBEE Details: Agreement and to sign the contract documents.

Proof of authority 2.25 Where an agent submits a tender on behalf of a principal, an authenticated copy of the

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

Compliance with 2.26 Comply with relevant legislation and regulatory instruments such as Instruction Notes

relevant legislation issued by National Treasury, CIDB Regulations for construction works; materials

(NT instructions, designated for local content and/or production by the dtic, PPPFA Regulations; Amended

CIDB, PPPFA etc) B-BBEE Codes, COIDA; OHS Act; Eskom’s requirements for Safety, Health, Environment and

Quality (SHEQ) and any other applicable legislation or regulatory instruments indicated in the

Invitation to Tender.

Proof of Safety, 2.27 Tenderers are required to provide proof to the satisfaction of Eskom that safety, health,

Health, environmental and quality (SHEQ) systems, policies and capabilities are in place at the

Environment and deadline stipulated in the Enquiry. All costs and personnel associated with SHEQ must be

Quality reflected in the tender.

requirements

CIDB 2.28 Where the Tender Data has stipulated CIDB grading/s as a qualification criterion,

tenderers are required to be registered with the Construction Industry Development

Board at the closing date and time for submission of tenders or to be capable of being

so registered within twenty-one (21) working days from the closing date and time for

submission of tenders.

Contract Skills 2.29 If the tenderer is awarded a contract, it, as Contractor, shall achieve in the performance

Development of the contract the Contract Skills Development Goals (CSDG) established in the CIDB

Public

When downloaded from the docum

Health & Safety

Source: Eskom - Standard Conditions of Tender (August 2024).pdf

tenderers that Eskom has identified. A sole source and a single source are regarded as a

tenderer that meets the requirements stated in the Eskom Procurement and Supply Chain

Management Procedure 32-1034. Any addenda to an issued Invitation to Tender will be

published or issued in the same way as the Invitation to Tender was and will form part of

the enquiry documents.

Communication 1.5 Every communication between Eskom and a tenderer shall be made to or from the Eskom

Representative only, in writing, and in a format that can be read, copied and recorded. ‘In

writing’ means hand-written, type-written, printed or electronically made, and that results in

a permanent record. Communication shall be in the English language. Eskom takes no

responsibility for non-receipt of communications from or by a tenderer.

Eskom's rights to 1.6 Eskom may accept or reject any variation, deviation or alternative tender. Eskom reserves

accept or reject any the right to accept the whole or any part of the tender.

tender