How will bids be evaluated?

More than 80% of the tender evaluation criteria must be based on functionality. Accurate and completed work is required for payment; if Eskom is dissatisfied with quality, no payment. Eskom may re-schedule tasks if the contractor fails to complete as prescribed.

What financial requirements apply to bidders?

Payment Terms: payment certificate from the Service 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 Service Information, showing the amount due for payment equal to that stated in the payment certificate. Z7.2 If the Contractor does not provide a tax invoice in the form and

Who should be contacted for queries about this tender?

{"name":null,"email":null,"phone":"011 803 3008","department":"(ECOU)","address":"n the conditions of contract identified"}

Disconnection & Reconnection Services Mthatha & Aliwal North

Disconnection & Reconnection Services Mthatha & Aliwal North - Eskom Tender

Quality Management

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf

contract.

(7) The Service Manager changes a decision

which he has previously communicated

to the Contractor.

(8) The Service Manager withholds an

acceptance (other than acceptance of

a quotation for not correcting a Defect) for a

reason not stated in this

contract.

(9) A test or inspection done by the Service

(11) The Employer does not provide materials,

facilities and samples for tests

and inspections as stated in the Service

3.1 Health and safety risk management ................................................................................................ xiv

3.2 Environmental constraints and management .................................................................................. xiv

3.3 Quality assurance requirements ...................................................................................................... xiv

4.1 People ............................................................................................................................................... xv

4.1.1 Minimum requirements of people employed xv

4.1.2 BBBEE and preferencing scheme xv

4.1.3 Accelerated Shared Growth Initiative – South Africa (ASGI-SA) Error! Bookmark not

defined.

4.2 Subcontracting .................................................................................................................................. xv

4.2.1 Preferred subcontractors xv

4.2.2 Subcontract documentation, and assessment of subcontract tenders xv

4.2.3 Limitations on subcontracting xv

4.2.4 Attendance on subcontractors xv

4.3 Plant and Materials .......................................................................................................................... xvi

4.3.1 Specifications xvi

4.3.2 Correction of defects xvi

4.3.3 Contractor’s procurement of Plant and Materials xvi

4.3.4 Tests and inspections before delivery xvi

4.3.5 Plant & Materials provided “free issue” by the Employer xvi

4.3.6 Cataloguing requirements xvi

Verify the meter number to be disconnected/reconnected
The disconnection/reconnection will be performed by switching the main circuit breaker (MCB) into ON/OFF

position. Measure voltage when switching MCB “on”

For disconnections the MCB will be sealed in the OFF position. If the MCB does not have a shroud a

disconnection sticker must be stuck over the MCB and the conductor tails between the load side of the

MCB’s and meter shall be removed to prevent the customer from tampering and reconnecting electricity

supply.

In case of meter being removed by the contractor, the meter should be returned to the area CNC store

person

Upon the reconnection the sticker must be removed. If fitted with a shroud then the MCB must be sealed in

the ON position. The tails must be reconnected upon reconnection

Record the meter reading after both disconnection and reconnection
Take digital photograph of disconnected/reconnected meter showing the date and time when the

photograph is taken

Lock meter installation with Eskom lock. The contractor should report to Eskom if the kiosk is locked or

damaged.

Where meters are in the property or inside the house, the tails must be pulled as well as any other meter

whether it is a single or 3 phase meter that cannot be sealed off

Any private locks to be replaced with Eskom locks
An inspection of the electrical installation is to be performed for any visual tampering, stuck or faulty meters

and/or damages to the meter/installation and reported to Eskom.

Note: Detailed works processes and timelines information will be issued with the task instruction

Eskom will provide the following: Sealing pliers and ferrules
Meter seals
Disconnection stickers
Eskom locks

Training as per portfolio of evidence (240-70413681) and Low voltage training (240-73413207) E. g on how

to seal off meters when disconnected should be enforced Low voltage authorization as per power delivery

operating training standard ( 240-70413865)

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Pricing Schedule

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf

(Ecou)

Contents: No of

pages

Part C1 Agreements & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Work [●]

DOCUMENT C2.1 PAGE i PRICING DATA

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

terms of the conditions of contract.

PART C2: PRICING DATA PAGE iii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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

Part C2 Pricing Data

Part C3 Scope of Work: Service Information

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

listed Parts.

PART C2: PRICING DATA PAGE iv C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

PART C2: PRICING DATA PAGE v C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Tel No. [●]

Fax No. [●]

10.1 The Service Manager is (name): [●]

2 Available from Engineering Contract Strategies Tel 011 803 3008 Fax 086 539 1902 www.ecs.co.za

PART C2: PRICING DATA PAGE vi C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

PART C2: PRICING DATA PAGE vii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

(2) The Employer does not provide the right of

access to the Affected Property

in accordance with the Accepted Plan.

(3) The Employer does not provide something

which he is to provide as stated

in the Service Information in accordance with

the Accepted Plan.

(4) The Service Manager gives an instruction to

stop or not to start any work.

PART C2: PRICING DATA PAGE viii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

20.5 The Contractor prepares forecasts of the

final total of the Prices for the whole of the

service at intervals no longer than 1 week

PART C2: PRICING DATA PAGE ix C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Price Adjustment Factor are: ion for

0.55 Labour (Table Seifsa

C-3a for labour

rates)

0.30 Transport Seifsa

(Table L-2 for

road freight

costs)

PART C2: PRICING DATA PAGE x C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

PART C2: PRICING DATA PAGE xi C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

equal to that stated in the payment certificate.

Z7.2 If the Contractor does not provide a tax invoice in the form and by the time required by this

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

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

PART C2: PRICING DATA PAGE xiii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

investigation into allegations of Prohibited Action, and

PART C2: PRICING DATA PAGE xiv C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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

PART C2: PRICING DATA PAGE xvii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Please read both the both the NEC3 Term Service Contract April 2013 and the relevant parts of its

Guidance Notes (TSC3-GN)3 in order to understand the implications of this Data which the tenderer

is required to complete.

3 Available from Engineering Contract Strategies Tel 011 803 3008 Fax 086 5391902 or www.ecs.co.za

PART C2: PRICING DATA PAGE xviii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

11.2(12) The price list is in

11.2(19) The tendered total of the Prices is R

PART C2: PRICING DATA PAGE xix C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Part 2: pricing data

TSC3 Option A

reference pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list [●]

PART C2: PRICING DATA PAGE xx C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Aliwal north zones in eastern cape operating unit (ecou)

C2.1 Pricing assumptions: Option A

prepared and priced by him.

Part c2: pricing data c2.1 TSC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Has taken account of the guidance given in the TSC3 Guidance Notes relevant to Option A;
Understands the function of the Price List and how work is priced and paid for;
Is aware of the need to link operations shown in his plan to items shown in the Price List;
Has listed and priced items in the price list which are inclusive of everything necessary and

incidental to Providing the Service in accordance with the Service 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 item within the Prices or rates of other

listed items in order to fulfil the obligation to complete the service for the tendered total of the

provided, a unit of time is stated in the Unit column and the expected length of time (as a quantity of the

stated units of time) is stated in the Expected Quantity column.

Part c2: pricing data c2.1 TSC3/A pricing assumptions

C2.2 the price list

Compliance Requirements

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf (unknown)

C1.1 Form of Offer and Acceptance [●]

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

B-BBEE Details: med to be jointly

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

Z2.2 Unless already notified to the Employer, the persons or organisations notify the Service

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

the Contractor on their behalf.

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

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

been given to the Contractor in writing.

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

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

composition or business dealings results in a change to the Contractor’s B-BBEE status, the

Contractor notifies the Employer within seven days of the change.

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

supporting documentation confirming the change in his B-BBEE status to the Service Manager

within thirty days of the notification or as otherwise instructed by the Service Manager.

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

Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s

obligation to Provide the Service.

Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may

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

procedures on termination are P1, P2 and P4 as stated in clause 92, and the amount due is A1

and A3 as stated in clause 93.

Z4 Confidentiality

Z4.1 The Contractor does not disclose or make any information arising from or in c

Health & Safety

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf

signature of Date

witness

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

service period, requires the prior written consent of the Service Manager. All rights in and to all

such images vests exclusively in the Employer.

Z4.5 The Contractor 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 27.4

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

of persons in and about the execution of the service. 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 Affected Property;

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 the service; and

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

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.

Z14.2 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 Z14.1. Control measures conform to the requirements stipulated in the AAIA-

approved asbestos work plan.

Z14.3 The Employer manages asbestos and ACM according to the Standard.

Z14.4 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.

Z14.5 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

statement however other clauses may also use the same data.

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.

(From the example given in an Appendix within the TSC3 Guidance Notes)

Entries in the first four columns in the price list in section C2.2 are made either by the Employer or the

tendering contractor.

PPE (Low voltage live face shield, Low voltage live rubber gloves with leather protectors, overall, safety

boots, hard hat)

CONTRACT - vii - TSC3 COVER PAGES

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _________

spreadsheet by e-mail

Open meter box
Using all relevant PPE wear overall use rubber gloves, leather gloves; face shield and hardhat insulated

tools(flat screw driver; insulation tape, Philip’s drew driver for voltage below 1000 volts and voltage tester).

Switch off MCB in the meter box.
Test if the supply is on or off
Inform customer on your scope of work.
Open meter box
Using all relevant PPE wear overall use rubber gloves, leather gloves; face shield and hardhat insulated

tools (flat screw driver; insulation tape, Philip’s drew driver for voltage below 1000 volts and voltage tester).

Test if the supply is off
If the supply if off replace the jumpers (replace one jumper is it is single phase and replace three jumpers if

it is three phase (three meters)

Switch on MCB in the meter box and take a photo with date and time.
Lock the meter.

at their own expense. If the contractor has not done the hard disconnection and reconnection output in the

last 6months.It is imperative that the refresher training on LV authorization training must be done.

The disconnection of MOT time lines is to be done within 72 hours of request and reconnection to be done

within 6 hours of request .The after reconnection will apply for reconnection after 15h30 every day and

reconnection over week ends which start from 15h30 Friday up to 7h45 Monday.

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Environmental

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf

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.

Z6.2 The Contractor, in and about the execution of the service, 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 Provision of a Tax Invoice and interest. Add to core clause 51

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

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

if applicable.

Z14.6 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.

Z14.7 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.

C1.2 Contract Data

5.2 People restrictions, hours of work, conduct and records ................................................................ xvii

5.3 Health and safety facilities on the Affected Property ...................................................................... xvii

5.4 Environmental controls, fauna & flora ............................................................................................. xvii

5.5 Cooperating with and obtaining acceptance of Others ................................................................... xvii

5.6 Records of Contractor’s Equipment ................................................................................................ xvii

5.7 Equipment provided by the Employer ............................................................................................. xvii

5.8 Site services and facilities ............................................................................................................... xvii

5.8.1 Provided by the Employer Error! Bookmark not defined.

5.8.2 Provided by the Contractor xvii

5.9 Control of noise, dust, water and waste ........................................................................................ xviii

5.10 Hook ups to existing works ............................................................................................................ xviii

5.11 Tests and inspections .................................................................................................................... xviii

5.11.1 Description of tests and inspections xviii

5.11.2 Materials facilities and samples for tests and inspections xviii

Contractual Terms

Source: TSC_for PROVISION FOR DISCONNECTION AND RECONNECTION SERVICES IN MTHATHA & ALIWAL NORTH IN EASTERN CAPE OPERATING UNIT.pdf

Loss of or damage caused by The replacement cost where not covered by the

the Contractor to the Employer’s insurance.

Employer’s property

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

Loss of or damage to Plant and The replacement cost where not covered by the

Materials Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

Loss of or damage to The replacement cost where not covered by the

Equipment Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

The Contractor’s liability for Loss of or damage to property

loss of or damage to property The replacement cost

(except the Employer’s

PART C2: PRICING DATA PAGE xv C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision for meter reading services in mthatha &

Aliwal north zones in eastern cape operating unit (ecou)

property, Plant and Materials

and Equipment) and liability for Bodily injury to or death of a person

bodily injury to or death of a

The amount required by the applicable law. person (not an employee of the

Contractor) arising from or in

connection with the

Contractor’s Providing the

Service

Liability for death of or bodily The amount required by the applicable law

injury to employees of the

Contractor arising out of and in

the course of their employment

in connection with this contract

Z __12.2 Replace core clause 86 with the following:

Insurance 86

by the

Employer

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

Insurance table b

Insurance against or name Minimum amount of cover or minimum lim

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

Z13 Nuclear Liability

Z13.1 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

PART C2: PRICING DATA PAGE xvi C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision for meter reading services in mthatha &

Aliwal north zones in eastern cape operating unit (ecou)

of a nuclear licence in respect of the KNPS.

Z13.2 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.

Z13.3 Subject to clause Z13.4 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.

Z13.4 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.

Z13.5 The protection afforded by the provisions hereof shall be in effect until the KNPS is

decommissioned.

Z14 Asbestos

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 of

Monitoring 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

PART C2: PRICING DATA PAGE xvii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision for meter reading services in mthatha &

Aliwal north zones in eastern cape operating unit (ecou)

exposures, i.e. 10-minute TWA.

Z14.1 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.

Z14.2 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 Z14.1. Control measures conform to the requirements stipulated in the AAIA-

approved asbestos work plan.

Z14.3 The Employer manages asbestos and ACM according to the Standard.

Z14.4 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.

Z14.5 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.

Z14.6 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.

Z14.7 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.

C1.2 Contract Data

Part two - Data provided by the Contractor

[Instructions to the contract compiler: (delete this notes before issue to tenderers with an enquiry)

Whenever a cell is shaded in the left hand column it denotes this data is optional and would be required in

relation to the option selected. In the event that the option is not required select and delete the whole row.]

Notes to a tendering contractor:

Please read both the both the NEC3 Term Service Contract April 2013 and the relevant parts of its

Guidance Notes (TSC3-GN)3 in order to understand the implications of this Data which the tenderer

is required to complete.

3 Available from Engineering Contract Strategies Tel 011 803 3008 Fax 086 5391902 or www.ecs.co.za

PART C2: PRICING DATA PAGE xviii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision for meter reading services in mthatha &

Aliwal north zones in eastern cape operating unit (ecou)

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.

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.

Clause 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(14) The following matters will be included in

the Risk Register

11.2(15) The Service Information for the

Contractor’s plan is in:

21.1 The plan identified in the Contract Data is

contained in:

24.1 The key people are:

1 Name:

Job:

Responsibilities:

Aliwal north zones in eastern cape operating unit (ecou)

Part c1: agreements & contract data

Contents: No of

pages

C1.1 Form of Offer and Acceptance [●]

[to be inserted from Returnable Documents at award

stage]

C1.2a Contract Data provided by the Employer [●]

C1.2b Contract Data provided by the Contractor [●]

[to be inserted from Returnable Documents at award

stage]

C1.3 Proforma Guarantees [●]

PART C2: PRICING DATA PAGE ii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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 price list

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X17: Low service damages

X19: Task Order

Z: Additional conditions of contract

of the NEC3 Term Service Contract April

20132 (tsc3)

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

2002/015527/30), a state owned company

incorporated in terms of the company laws of

the Republic of South Africa

valued at less than R50 000 000.00 (Fifty Million

Rands) and within 60 days for contracts valued

at R50 000 0000.00 (Fifty Million Rands)

excluding VAT and above.

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

(calculated on a 365 day year) charged by 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

no rate is quoted for the currency in question

then the rate for United States Dollars, and if no

such rate appears in The Wall Street Journal

then the rate as quoted by the Reuters Monitor

Money Rates Service (or such service as may

replace the Reuters Monitor Money Rates

Service) on the due date for the payment in

question, adjusted mutatis mutandis every 6

months thereafter (and as certified, in the event

of any dispute, by any manager employed in the

foreign exchange department of The Standard

(12) An event which is an Employer’s risk in this

contract.

(13) The Service Manager notifies a correction

to an assumption which he

has stated about a compensation event.

(14) A breach of contract by the Employer which

is not one of the other compensation events in

this contract. .

80.1 These are additional Employer's risks Additional risks will be updated when identified

during the service.

9 Termination Applicable as per Section 9 of the NEC 3 SC

(April 2013).

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

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

supporting documentation confirming the change in his B-BBEE status to the Service Manager

within thirty days of the notification or as otherwise instructed by the Service Manager.

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

Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s

obligation to Provide the Service.

Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may

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

procedures on termination are P1, P2 and P4 as stated in clause 92, and the amount due is A1

and A3 as stated in clause 93.

Z4 Confidentiality

Z4.1 The Contractor does not disclose or make any information arising from or in connection with

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

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

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

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

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.

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

PART C2: PRICING DATA PAGE xii C2 TSC3 COVER

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

the event, he is not entitled to a change in the Prices.

Z9 Employer’s limitation of liability

Z9.1 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is

limited to R0.00 (zero Rand)

Z9.2 The Contractor’s entitlement under the indemnity in 82.1 is provided for in 60.1(12) and the

Employer’s liability under the indemnity is limited to compensation as provided for in core

clause 63 and X19.11 if Option X19 Task Order applies to this contract.

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 Ethics

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.

Z11.3 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.

Z11.4 A Committing Party co-operates fully with any investigation pursuant to alleged Prohibited

Z12 Insurance

Z 12.1 Replace core clause 83 with the following:

Insurance cover 83

83.1 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.

83.2 The Contractor provides the insurances stated in the Insurance Table A from the

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

certificate.