Gardening and vegetation services at five ESKOM peaking power stations (gourikwa, ankerlig, acacia, port rex, palmiet) – 5-year contract

The document provided is a Contract Quality Plan (CQP) template that the bidder must complete to demonstrate how it will meet Eskom's quality management expectations for the gardening and vegetation services contract. The template outlines the required structure and content of the CQP, including definitions, scope, communication, quality control, and documentation requirements.

No specific eligibility criteria are stated in the provided document. The CQP template requires the supplier to provide details on sub-suppliers and their selection criteria, but no mandatory pre-qualification thresholds (e.g., CSD registration, B-BBEE level, CIDB grading) are mentioned in the extracted content.

The tender requires the successful bidder to provide a Contract Quality Plan (CQP) for the gardening and vegetation services at Gourikwa, Ankerlig, Acacia, Port Rex and Palmiet Power Stations. The CQP must be prepared in accordance with SANS 466:2005 / ISO 10005:2005 and must address the following:

• Scope of work, communication channels with Eskom, and an organogram showing roles and responsibilities including QA/QC functions.
• Index of interfacing documents (processes, standards, codes, specifications) and a list of suppliers and sub-suppliers.
• Monitoring of suppliers and sub-contractors, and interface of sub-suppliers with the bidder's quality management system.
• Index of items to be manufactured, refurbished or purchased, and related items/activities requiring Quality Control Plans (QCP) or Inspection and Test Plans (ITP).
• Scope areas requiring special controls governed by codes of manufacturing/fabrication standards.
• Index of documented information to be submitted to Eskom during the project, and how records will be controlled and retained.
• Concession and non-conformance management processes.
• Databook management, management of working tools and equipment, dealing with customer property, product preservation, identification and traceability.
• Commissioning and post-delivery activities, including warranty and technical support.

No specific requirements found

This document is a PAYE Questionnaire for service contracts with the Eskom Group of Companies, applicable from 1 March 2022 to 28 February 2023. It is used to determine whether a contractor (individual, company, close corporation, or trust) should be classified as an Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor for tax purposes, and whether Eskom must withhold Employees' Tax from payments.

{"closingDate":"1 March 2022"}

Group Tax email: [email protected]

Bidders must complete the PAYE Questionnaire truthfully. The questionnaire determines tax classification (Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor) and whether PAYE must be withheld from payments. Residents must answer all applicable questions. Non-residents must sign Appendix 9 and submit the pack to Eskom Group Tax. For companies/CCs/trusts, exemptions may apply based on number of employees, connected persons, 80% income test, place/control/supervision test, and dominant impression test. For individuals, exemptions may apply based on service/people test, residence, number of employees, and place/control test. Signing of relevant affidavits (Appendices 1-8) is mandatory where applicable; failure to sign results in PAYE being withheld from payments.

The Fourth Schedule to the Income Tax Act (“the Act”) requires that Employees' Tax must be

withheld from "remuneration" paid by an "Employer" to an "Employee". This tool is intended to establish

whether an Individual, Close Corporation, Company or Trust should be classified as an Independent

Contractor, Personal Service Provider, Labour Broker or a Dependent Contractor, and the tax

consequences of such classification.

This Pack is applicable ONLY to Contractors who supply Eskom Holdings SOC Ltd (“Eskom”) and its

subsidiaries with services or Individual Contractors providing Eskom with labour.

The Contractor or its duly authorised representative must declare that all questions have been answered

truthfully.

Answering the questions will direct you to your next step.

Please note:

This Pack is based on tax legislation for the 2022/2023 tax year and is subject to change.

In the questions, any references to "you" refers to the Contractor.

In the questions, the term Contractor is used interchangeably with Individual/CC/Company/Trust.

Definitions as per the Income Tax Act are included in Appendix 10.

Any reference to “Eskom” refers to Eskom Holdings SOC Ltd and its subsidiaries:

• Eskom Rotek Industries SOC Ltd

• Eskom Enterprises SOC (Pty) Ltd

• Escap SOC (Pty) Ltd

• Eskom Finance Company SOC (Pty) Ltd

• Eskom Foundation NPC

• National Transmission Company SA

The Pack is based on legislation and case law applicable to the 2022/2023 tax year. We therefore

recommend that, if it is used outside of this period, you should first consult with your representative in

Eskom to refer it to Eskom’s Corporate Tax Department in Megawatt Park.

When you return the completed Pack; i.e. the signed summary sheet and signed affidavits to Eskom,

please copy Group Tax on Email address: [email protected]

The Contractor or its duly Authorised Representative acknowledges and accepts that:

• Definitions as per the Income Tax Act, No , as amended, are listed in Appendix 10 for

ease of reading.

• It is responsible for accuracy and completeness of all information, which is provided in completing

this Pack;

• The Pack will not be automatically updated with any changes in legislation.

Disclaimer

Applicable to the 2022/2023 Tax Years

Eskom accepts no liability whatsoever for any loss or damages whatsoever and howsoever incurred, or

suffered, resulting, or arising, from the use of this Pack.

Contractor type

Supplier category

Please complete the following questionnaire for:

Company/Close Corporation/Trusts - EVALUATION PACK A on .

Individuals - EVALUATION PACK B on .

Applicable to the 2022/2023 Tax Years

Evaluation pack a

(To determine whether a Company, Close Corporation (CC) or Trust is a Personal

Service Provider)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for a company or close corporation or

Trust

Contractor’s Name* Vendor No.

Duly Authorised Representative Name Representative Surname

Capacity Representative ID No.*

Representative Passport No. (if no RSA ID) Country of Passport Issue

VAT Registration No. Income Tax Registration No.*

CO/CC/Trust Registration No.* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

Address TYPE (Delete where not applicable) P O Box/Private Bag/Street Address

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

Name of Account Holder Account Type (Delete where not applicable)

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

i.e. own, joint or 3rd party Own/Joint/3rd Party

Applicable to the 2022/2023 Tax Years

Please answer the following questions by marking the appropriate column with an

"X".

The term “You” will refer to the Company/CC/Trust in this Questionnaire.

1. RESIDENCE Yes No

Question 1(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a resident).

If the answer is Yes, go to Question 2(i).

If the answer is No:

• Sign Appendix 9. Submit The Pack to your contractor representative in

Eskom to refer it to Eskom Group Tax Department in Megawatt Park.

• No further questions must be answered.

2. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 2(i)

Do you employ 3 (three) or more persons (excluding shareholders or members or

beneficiaries of the Company/CC/Trust)?

If the answer is Yes, go to Question 2(ii).

If the answer is No, go to Question 3(i).

Question 2(ii)

Are these employees employed:

• On a full time basis; and
• Are they engaged in the business of the Company/CC/Trust?

If the answer is Yes, go to Question 2(iii).

If the answer is No, go to Question 3(i).

Question 2(iii)

Are the above 3 employees connected to the shareholders or the members or the

beneficiaries of the Company/CC/Trust?

If the answer is Yes, go to Question 3(i).

If the answer is No:

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the Evaluation Pack.

Applicable to the 2022/2023 Tax Years

3. SERVICES RENDERED BY A CONNECTED PERSON Yes No

Question 3(i)

Will/are any person who is a Connected person in relation to the Company/CC/Trust

render services personally to Eskom on behalf of the Company/CC/Trust? (Refer to

Appendix 10 for the definition of a Connected person).

If the answer is Yes, go to Question 4(i).

If the answer is No:

• Sign Appendix 2. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

4. MORE THAN 80% OF INCOME TEST Yes No

Question 4(i)

During the current year of assessment:

• Will more than 80% of your income; or
• Is it likely that more than 80% of your income will consist of amounts

received either directly or indirectly, from:

• any one client, or
• an Associated institution in relation to that client? (Refer to Annexure 9 for

the definition of an Associated institution)

If the answer is Yes:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

If the answer is No:

• Sign Appendix 4. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 5(i).

5. PLACE, CONTROL AND SUPERVISION TEST Yes No

Question 5(i)

Must your duties be performed /are your duties performed mainly (more than 50%) at

the premises of Eskom,

And

Will you be subject /are you subject to Eskom’s control or supervision as to the

manner in which your duties are to be performed?

If the answer is Yes to BOTH questions:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

If the answer is No:

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2022/2023 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

Do/will the payments by Eskom for services payable with reference to output or

certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due if

and when a specific deliverable has been completed?

Question 6(ii)

Does/Will Eskom have the contractual right to control the tools or equipment, staff,

raw materials, routines, patents or technology used in the provision of the services?

Question 6(iii)

Are you/will you prohibited from rendering services to any other employers/clients

during the period of service to Eskom?

Question 6(iv)

Do/will you have the right to sub-contract work?

Question 6(v)

Are you personally or will you personally be at risk for the quality of the work done or

to be done (risk for poor quality; time over-runs, project not producing income)?

Question 6(vi)

Are/will you or the person rendering the service be obliged to be present and perform

the work at Eskom regardless of whether work is available or not?

Question 6(vii)

Is Eskom’s business or will Eskom’s business be critical to your financial/economic

survival?

Question 6(viii)

Does/will your position form part of Eskom’s organisational structure?

Question 6(ix)

Does/will Eskom provide you with any of the following:

• Pension fund / Provident fund / Retirement Annuity Fund;
• Medical Aid;
• Leave of any nature;
• Salary increases;
• Bonuses;
• Any allowances.

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

Does/will Eskom provide you with any equipment, tools, stationery and material?

Please go to the next section to establish your tax status.

Applicable to the 2022/2023 Tax Years

To establish your tax status, you need to summarise the “Yes” and “No” as

answered on Question 6(i) to 6(xi) in the column below:

Question Yes No

6(i) Independent PSP

6(ii) PSP Independent

6(iii) PSP Independent

6(iv) Independent PSP

6(v) Independent PSP

6(vi) PSP Independent

6(vii) PSP Independent

6(viii) PSP Independent

6(ix) PSP Independent

6(x) PSP Independent

6(xi) PSP Independent

Decision

Independent

Psp

If you have answered “PSP” to any of the following questions 6 (i), 6(iii), 6(v), 6(vi),

6(ix);

or

If you have answered more than 50% “PSP” to questions 6(ii), 6(iv), 6(vii), 6(viii),

6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments

and will be coded as 3601 on your IRP5 certificate.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Alternatively:

If you have already signed Appendix 7 on Questions 4 or 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 4 or 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2022/2023 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please sign

he

following

Questions Answer Appendix

(Appendices

)

1(i) Are you a Resident of the Republic of South Africa in terms of the Income

Tax Act?

2(i) Do you employ 3 (three) or more persons (excluding shareholders or

members or beneficiaries of the Company/CC/Trust and connected

persons in relation to the shareholder or member or beneficiaries)?

2(i ) Are these employees employed on a full time basis and are they engaged

in the business of the Company/CC/Trust?

2(iii) Are the above 3 employees connected to the shareholders or the members

or beneficiaries of the Company/CC/Trust?

3(i) Will/are any person who is a Connected person in relation to the

Company/CC/Trust render services personally to Eskom on behalf of the

Compa y/CC Trust?

4(i) During the current year of assessment will more than 80% of your income

or is it likely that more than 80% of your income will consist of amounts

received either directly or indirectly from any one client, or an Associated

institution in relation to that client?

5(i) Must your duties be performed / are your duties performed mainly (more

than 50%) at the premises of Eskom AND will you be /are you subject to

Eskom’s control or supervision as to the manner in which your duties are

performed or to the hours of work?

6( ) Do/will the payments by Eskom for services payable with reference to

output or certain agreed results, e.g. payment (be a fixed fee or an hourly

rate) be only due if and when a specific deliverable has been completed?

6(ii) Does/Will Eskom have the contractual right to control the tools or

equipment, staff, raw materials, routines, patents or technology used in the

provision of the services?

6(iii) Are you/will you prohibited from rendering services to any other

employers/clients during the period of service to Eskom?

6(iv) Do/will you have the right to sub-contract work?

6(v) Are you personally or will you personally be at risk for the quality of the

work done or to be done (risk for poor quality; time over-runs, project not

producing income)?

6(vi) Are/will you or the person rendering the service be obliged to be present

and perform the work at Eskom regardless of whether work is available or

not?

6(vii) Is Eskom’s business or will Eskom’s business be critical to your

financial/economic survival?

6(viii) Does/will your position form part of Eskom’s organisational structure?

6(ix) Does/will Eskom provide you with any of the following:

Pension fund / Provident fund / Retirement Annuity Fund; medical aid,

leave of any nature, salary increases, bonuses or any allowances.

6(x) Does/will Eskom provide you with an office?

6(xi) Does/will Eskom provide you with any equipment, tools, stationery and

material?

Tax Status

Particulars of person acting as representative of the company/close

Corporation/trust

I, the undersigned, confirm that the information provided above is accurate, and that the Company/CC/Trust will,

while contracted to Eskom, inform Eskom of any changes that take place pertaining to the information provided

above. Eskom shall be entitled to withhold from any payments to be made to the Company/CC/Trust, any taxes,

interest and penalties that it may be required to pay to SARS as a result of the above information being inaccurate.

Representative's Full Names Capacity Contact No.

Signature Date

Applicable to the 2022/2023 Tax Years

Evaluation pack b

(To determine whether an Individual is a Dependent Contractor)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for an individual*

Trading Name* Vendor No.

First Names* Initials*

Surname* ID Number*

Passport No. (if no RSA ID) Country of Passport Issue

VAT Registration No. Income Tax Registration No.*

Date of Birth* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

Address TYPE (Delete where not applicable) P O Box/Private Bag/Street Address

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

Name of Account Holder Account Type (Delete where not applicable)

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

i.e. own, joint or 3rd party Own/Joint/3rd Party

Applicable to the 2022/2023 Tax Years

Please answer the following questions by marking the appropriate column with an

"X".

1. Service or people test service people

Question 1(i)

Do/will you provide Eskom with a service or people?

If the answer is “Service”:

• Complete and sign Appendix 5 Affidavit. If the Affidavit is not signed,

PAYE will be withheld from your payments.

• Go to Question 3(i).

If the answer is “People”, go to Question 2(i).

2. PEOPLE TEST Yes No

Question 2(i)

Do you provide Eskom with People and will these people be paid by you?

If the answer is Yes, go to Question 2(ii).

If the answer is No, go to Question 3(i).

Question 2(ii)

Are you in possession of an IRP30 exemption certificate which is valid for the period

under review?

If the answer is Yes:

• Sign Appendix 6. If the Agreement is not signed, PAYE will be withheld

from your payments.

• Provide Eskom with the valid IRP30 certificate. If this certificate is not

provided, PAYE will be withheld from your payments until such time

the IRP30 certificate is provided.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

If the answer is No:

• Sign Appendix 6. PAYE will be withheld from your payments.
• PAYE will be withheld from your payments until such time the valid

IRP30 certificate is provided.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

3. RESIDENCE TEST Yes No

Question 3(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a Resident).

If the answer is Yes, go to Question 4(i).

If the answer is No:

• Sign Appendix 9. Submit this document to your representative in

Eskom to refer it to Eskom Group Tax Department in Megawatt.

• No further questions must be answered.

Applicable to the 2022/2023 Tax Years

4. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 4(i)

Do you employ:

• 3 (three) or more persons, throughout the year?

If the answer is Yes, go to Question 4(ii).

If the answer is No, go to Question 5(i).

Question 4(ii)

Are these employees employed:

• On a full time basis in your business; and
• Are they engaged in the business of the Individual?

If the answer is Yes, go to Question 4(iii).

If the answer is No, go to Question 5(i).

Question 4(iii)

Are any of these employees Connected persons in respect of the Individual, e.g.

spouse, parent, adoptive parent, child, grandparent, cousin, etc.? (Refer to

Appendix 10 for the definition of Connected person).

If the answer is Yes, go to Question 5(i).

If the answer is No:

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

5. PLACE AND CONTROL TEST Yes No

Question 5(i)

Must your duties be performed mainly (i.e. more than 50%) at premises of Eskom?

If the answer is Yes, go to Question 5(ii).

If the answer is No, go to Question 5(ii).

Question 5(ii)

Will you be /are you subject to Eskom’s control or supervision as to the manner in

which your duties are to be performed or as to the hours of work?

If the answers in both Questions 5(1) and 5(ii) are Yes:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign the “Particulars of Individual” at the end of the Evaluation Pack.

If the answer is No:

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2022/2023 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

Do/will the payments by Eskom for services payable with reference to output or

certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due

if and when a specific deliverable has been completed?

Question 6(ii)

Does/Will Eskom have the contractual right to control the tools or equipment, staff,

raw materials, routines, patents or technology used in the provision of the services?

Question 6(iii)

Are you/will you prohibited from rendering services to any other employers/clients

during the period of service to Eskom?

Question 6(iv)

Do/will you have the right to sub-contract work?

Question 6(v)

Are you personally / will you personally be at risk for the quality of the work done or

to be done (risk for poor quality; time over-runs, project not producing income)?

Question 6(vi)

Are/will you or the person rendering the service be obliged to be present and

perform the work at Eskom regardless of whether work is available or not?

Question 6(vii)

Is Eskom’s business or will Eskom’s business be critical to your financial/economic

survival?

Question 6(viii)

Does/will your position form part of Eskom’s organisational structure?

Question 6(ix)

Does/will Eskom provide you with any of the following:

• Pension fund / Provident fund / Retirement Annuity Fund;
• Medical Aid;
• Leave of any nature;
• Salary increases;
• Bonuses;
• Any allowances.

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

Does/will Eskom provide you with any equipment, tools, stationery and material?

Please go to the next section to establish your tax status.

Applicable to the 2022/2023 Tax Years

To establish your tax status, you need to summarise the “Yes” and “No” as

answered on Question 6(i) to 6(xi) in the column below:

Question Yes No

6(i) Independent Employee

6(ii) Employee Independent

6(iii) Employee Independent

6(iv) Independent Employee

6(v) Independent Employee

6(vi) Employee Independent

6(vii) Employee Independent

6(viii) Employee Independent

6(ix) Employee Independent

6(x) Employee Independent

6(xi) Employee Independent

Decision

Independent

Psp

If you have answered “Employee” to any of the following questions 6 (i), 6(iii), 6(v),

6(vi), 6(ix);

or

If you have answered more than 50% “Employee” to questions 6(ii), 6(iv), 6(vii),

6(viii), 6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments.
• No further questions must be answered.
• Sign “Particulars of Individual” at the end of the evaluation Pack.

Alternatively:

If you have already signed Appendix 7 on Questions 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2022/2023 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please si n

the following

The pricing schedule is not a standard bill of quantities. The document specifies PAYE withholding rules based on the contractor's tax classification and whether a valid IRP30 certificate is provided. Labour brokers and dependent contractors have specific PAYE withholding and IRP5/IT3(a) coding rules.

If a valid IRP30 certificate is provided, no Employees' Tax is withheld and an IT3(a) certificate with code 3617 is issued. If no valid IRP30 certificate is provided, Employees' Tax is withheld at individual tax rates until a valid IRP30 certificate is provided, and an IRP5 certificate with code 3617 is issued. Labour brokers and dependent contractors have specific PAYE withholding rules as per the questionnaire.

Bidders must complete the PAYE Questionnaire (Attachment No. 2) to determine their tax classification. The questionnaire includes affidavits and declarations (Appendices 1-9) that must be signed where applicable. Non-residents must sign Appendix 9. Labour brokers must provide a valid IRP30 certificate or PAYE will be withheld.

The evaluation is a self-assessment questionnaire. Bidders answer a series of yes/no questions to determine their tax classification. The classification determines whether PAYE is withheld and the disclosure code on the IRP5/IT3(a) certificate.

Engineering Contract Strategies (ECS) — supplier of the NEC3 Term Service Contract documents: Tel 011 803 3008, Fax 086 539 1902, www.ecs.co.za.

Returnable documents: C1.1 Form of Offer and Acceptance (signed offer and acceptance, including Schedule of Deviations if any), C1.2b Contract Data provided by the Contractor (completed with contractor details, key people, price list reference, tendered total), and the completed price list (C2.2).

Submission: The offer must be signed by a duly authorised representative. The tenderer's CIDB registration number must be stated on the Form of Offer and Acceptance. Alternative tenders require a separate copy of the Form of Offer and Acceptance.

Disqualification risks: Failure to complete and sign all returnable documents; any deviation from tender documents not recorded in the Schedule of Deviations.

Preference point system: The tender is subject to the PPPFA 80/20 or 90/10 preference point system (SBD 6.1). Bidders must claim B-BBEE points on SBD 6.1.

Evaluation stages: Bidders must be registered on the Central Supplier Database (CSD) and have a valid tax clearance (SARS TCS or tax pin). Bidders must have a valid B-BBEE certificate. Bidders must not have any director or shareholder employed by the state (SBD 4 declaration). Bidders must not have been found guilty of prohibited actions (corrupt, fraudulent, collusive, coercive, obstructive) and must not have had a business rescue order granted against them.

B-BBEE status change: If a bidder's B-BBEE status changes after award, the contractor must notify the Employer within seven days and submit an updated verification certificate within thirty days. A decrease in B-BBEE status may lead to renegotiation or termination.

Scope: Vegetation management at Gourikwa Power Station for a period of five years. Services include:

• Lawn care: weekly mowing, edging, trimming, clippings management, aeration/dethatching across 400m2 lawn area.
• Garden bed maintenance: monthly weeding, pruning, soil cultivation, pest/disease control, mulching across 400m2 beds.
• Weed and pest control: quarterly broad herbicide application and manual weeding of gravel, chip stone, paved surfaces, roadsides, fence perimeters across 20 ha footprint.
• Irrigation system maintenance: monthly inspection, repairs, seasonal programming, backflow testing across 400m2 lawn area.
• Alien vegetation control: bi-annual systematic mechanical and chemical eradication of declared Category 1a, 1b, 2 & 3 invasive alien plants, including clearing, mechanical cutting, cut-stump herbicide application, follow-up spot spraying and biomass management across 60 ha area.
• Firebreak maintenance: quarterly clearing, re-slashing, debris removal for critical infrastructure (10m width) and perimeter (5m width) for 5500 meters.
• Pruning and shaping of shrubs (quarterly).
• Fertilization and soil treatment.
• Tree care services.
• Clean-up and waste removal.
• Other site care services.

Staffing and equipment: Contractor must provide labour (semi-skilled and supervisor), safety officer, PPE, and site establishment. All staff must be trained in safe handling of herbicides and equipment, wear appropriate PPE, and comply with safety, environmental, and operational standards.

Contractor's plan: A first plan for the service must be submitted for acceptance within two weeks of the Contract Date. The plan must show how operations relate to price list items.

Contractor's plan: The Contractor submits a first plan for acceptance within two weeks of the Contract Date. The plan must show how operations relate to price list items to ensure satisfactory cash flow.

Contractor's key people: The Contractor must provide details of key personnel including name, job, responsibilities, qualifications, and experience, with CVs.

assistance that the Employer is able to provide for the purpose of contesting any such

claim or action.

Z13.10.3 Should it be held in any such action that any such protected rights have been infringed, as

definitely stated by a judgment of the court before which the action is brought, the

across 400m2 lawn area, including

2.4 Month

inspection, repairs, seasonal

programming, and backflow testing 12

Part 3: Scope of Work ...................................................................................................................................... 27

C3.1: Employer’s Service Information ............................................................................................................. 28

1. Description of the service ..................................................................................................................... 30

1.1. Executive overview............................................................................................................................ 30

1.2. Employer’s requirements for the service ........................................................................................... 30

1.2.1. Normative ....................................................................................................................................... 30

1.2.1. Informative ...................................................................................................................................... 30

1.3. Gourikwa Power Station .................................................................................................................... 30

1.3.1. Supply and Installation ............................................................................................................... 31

1.3.2. Lawn Care Services ................................................................................................................... 31

1.3.3. Plant, Shrub and Flower Bed Maintenance ............................................................................... 31

1.3.4. Tree Care Services .................................................................................................................... 31

1.3.5. Irrigation System Maintenance .................................................................................................. 31

1.3.6. Fertilization & Soil Treatment ..................................................................................................... 32

1.3.7. Clean-up and Waste Removal ................................................................................................... 32

1.3.8. Alien Vegetation Control, Removal ............................................................................................ 32

1.3.9. Other Site Care services: ........................................................................................................... 32

1.3.10. Firebreaks:.............................................................................................................................. 32

1.3.11. General ................................................................................................................................... 33

1.4. Staffing, Equipment, Storage and Waste Management .................................................................... 33

1.5. Interpretation and terminology .......................................................................................................... 34

1.5.1. Definitions ...................................................................................................................................... 34

1.5.2. Abbreviations ................................................................................................................................. 36

2. Management strategy and start up. ...................................................................................................... 38

2.1. The Contractor’s plan for the service ................................................................................................ 38

2.2. Management meetings ...................................................................................................................... 38

2.3. Contractor’s management, supervision and key people ................................................................... 39

2.4. Documentation control ...................................................................................................................... 39

2.4.1. General ...................................................................................................................................... 39

2.4.2. Minimum requirements .............................................................................................................. 40

2.4.3. Use of standard forms ................................................................................................................ 40

2.4.4. Communication .......................................................................................................................... 40

2.5. Invoicing and payment ...................................................................................................................... 40

2.5.1. Invoice submission ..................................................................................................................... 40

2.5.2. How to submit invoices ................................................................................................................. 41

a) General Submission Information .......................................................................................................... 41

b) CPA ............................................................................................................................................... 41

2.5.2. Payment Queries ....................................................................................................................... 41

2.5.3. Eskom information ..................................................................................................................... 41

2.5.4. Avoid Payment Delays ............................................................................................................... 41

2.6. Contract change management .......................................................................................................... 42

2.7. Records of Defined Cost to be kept by the Contractor ..................................................................... 42

2.8. Insurance provided by the Employer................................................................................................. 42

2.9. Things provided at the end of the service period for the Employer’s use ......................................... 42

Equipment ................................................................................................................................................ 42

Information and other things ..................................................................................................................... 42

2.10. Management of work done by Task Order .................................................................................... 43

3. Health and safety, the environment and quality assurance .................................................................. 44

3.1. Occupational Health and Safety ........................................................................................................ 44

3.2. Key Performance Indicators .............................................................................................................. 46

3.3. Contract completion and sign off....................................................................................................... 47

3.4. Environmental constraints and management .................................................................................... 47

Part c3 scope of work of 53 c3.1 Employer’s service information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Vegetation management at gourikwa power station for a period of 5 years

3.5. Quality assurance requirements ....................................................................................................... 48

3.5.1. Quality Control Plan ................................................................................................................... 48

4. Procurement ......................................................................................................................................... 49

4.1. People ............................................................................................................................................... 49

4.1.1. Minimum requirements of people employed .............................................................................. 49

4.1.2. BBBEE and preferencing scheme ............................................................................................. 49

4.1.3. Supplier Development, Localisation and Industrialisation (SDL&I) ........................................... 49

4.2. Subcontracting .................................................................................................................................. 49

4.2.1. Preferred subContractors ........................................................................................................... 49

4.2.2. Subcontract documentation, and assessment of subcontract tenders ...................................... 49

4.2.3. Limitations on subcontracting .................................................................................................... 49

4.2.4. Attendance on subContractors .................................................................................................. 49

4.3. Plant and Materials............................................................................................................................ 49

4.3.1. Specifications ............................................................................................................................. 49

4.3.2. Correction of defects .................................................................................................................. 49

4.3.3. Contractor’s procurement of Plant and Materials ...................................................................... 50

4.3.4. Tests and inspections before delivery ....................................................................................... 50

4.3.5. Plant & Materials provided “free issue” by the Employer ........................................................... 50

4.3.6. Cataloguing requirements by the Contractor ............................................................................. 50

5. Working on the Affected Property ......................................................................................................... 51

5.1. Employer’s site entry and security control, permits, and site regulations ......................................... 51

5.2. People restrictions, hours of work, conduct and records .................................................................. 51

5.3. Health and safety facilities on the Affected Property ........................................................................ 51

5.4. Environmental controls, fauna & flora ............................................................................................... 51

5.5. Cooperating with and obtaining acceptance of Others ..................................................................... 51

5.6. Records of Contractor’s Equipment .................................................................................................. 51

5.7. Equipment provided by the Employer ............................................................................................... 51

5.8. Site services and facilities ................................................................................................................. 51

5.8.1. Provided by the Employer .......................................................................................................... 51

5.8.2. Provided by the Contractor ........................................................................................................ 51

5.9. Control of noise, dust, water and waste ............................................................................................ 52

5.10. Tests and inspections .................................................................................................................... 52

5.10.1. Description of tests and inspections ....................................................................................... 52

6. List of Documents ................................................................................................................................. 53

6.1. Documents issued by the Employer .................................................................................................. 53

Part c3 scope of work of 53 c3.1 Employer’s service information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Vegetation management at gourikwa power station for a period of 5 years

(Reg No. 2002/015527/30)

and [Insert at award stage]

(Reg No. ___________ )

for Vegetation Management at Gourikwa Power Station

for a Period of 5 Years

Contents: No of

pages

Part C1 Agreements & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Work [●]

CONTRACT No. [Insert at award stage]

Tsc3 of 53 cover page

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _________

Vegetation management at gourikwa power station for a period of 5 years

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]

Part c1 of 53 agreements & contract data

ESKOM HOLDINGS SOC Ltd. CONTRACT NUMBER ______________

Vegetation management at gourikwa power station for a period of 5 years

C1.1 Form of Offer & Acceptance

and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under the

contract including compliance with all its terms and conditions according to their true intent and meaning for

an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

Options A The offered total of the Prices exclusive of VAT is R [●]

Sub total R [●]

Value Added Tax @ 15% is R [●]

The offered total of the amount due inclusive of VAT is1 R [●]

(in words) [●] Rates Based

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.

clauses

X1 Price adjustment for inflation

X1.1 The base date for indices is One month before tender closure. Rates are

fixed and firm for the first 12 months.

11.2(12) The price list is in

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

Part c1 agreements and contract data of 53 c.1.2B Contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

Part 2: pricing data

TSC3 Option A

reference pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list 2

Part c2 pricing data of 53 tsc3 option a

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

C2.1 Pricing assumptions: Option A

• 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;

Part c2 pricing data of 53 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

• 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 of 53 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

C2.2 the price list

chemical eradication of declared Cycle

Category 1a, 1b, 2 & 3 invasive alien

2.5

plants, including alien vegetation

clearing, mechanical cutting, cut-stump

herbicide application, follow-up spot 2

Part c2 pricing data of 53 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

spraying and biomass management

Across the designated 60 ha area

The total of the Prices for 5 Years

Part c2 pricing data of 53 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Vegetation management at gourikwa power station for a period of 5 years

Part 3: scope of work

Pricing: Option A priced contract with price list. Prices are either lump sums or quantities multiplied by rates. Lump sum items are not adjusted if quantities change; only compensation events can change the Prices.

Price list items include: site establishment and de-establishment (sum), safety file (sum), PPE once off (sum), travelling fee (per month), labour semi-skilled (per month), labour supervisor (per month), safety officer fee (per month), routine maintenance items (weekly, monthly, quarterly, bi-annual cycles).

Payment: Assessment interval is between the 25th and 30th day of each month, or 1 to 3 days on completion of a Task Order. Payment is due within 30 days of the contractor providing a compliant tax invoice. Interest on late payment at the prime rate.

Price adjustment: Rates are fixed and firm for the first 12 months. Thereafter, price adjustment for inflation applies using SEIFSA indices (85% variable, 15% fixed), with semi-annual adjustment.

Tax invoice: Contractor must include Eskom's VAT number 4740101508 on each invoice. Contractor must comply with the Employer's Vendor Management System requirements to ensure timely payment.

Insurance: Contractor must provide insurances as per Insurance Table A (loss/damage to Employer's property, Plant and Materials, Equipment, third-party liability, employee liability). Employer provides insurances per Insurance Table B (Assets All Risk, Contract Works, Environmental Liability, General and Public Liability, etc.).

CSD registration: Bidders must be registered on the Central Supplier Database (CSD).

Tax clearance: Bidders must have a valid tax clearance (SARS TCS or tax pin).

B-BBEE: Bidders must have a valid B-BBEE certificate and claim preference points on SBD 6.1. Changes in B-BBEE status must be notified to the Employer within seven days, with updated verification certificate within thirty days.

CIDB: Tenderer's CIDB registration number must be stated on the Form of Offer and Acceptance.

Returnable forms: SBD 1 (Invitation to Bid), SBD 3.1/3.2/3.3 (Pricing Schedule), SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), SBD 6.2 (Declaration for Local Production and Content), SBD 7.1/7.2 (Contract Form), SBD 8 (Declaration of Bidder's Past SCM Practices), SBD 9 (Certificate of Independent Bid Determination), and Authority to Sign/Board Resolution.

Ethics: Bidders must not have been found guilty of prohibited actions (corrupt, fraudulent, collusive, coercive, obstructive).

Business rescue: Bidders must not have had a business rescue order granted against them.

Joint ventures: If bidding as a joint venture, all parties are jointly and severally liable. The key person with authority to bind the JV must be notified to the Service Manager within two weeks of the Contract Date. Composition of the JV cannot be altered without the Employer's written consent.

signature of Date

witness

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

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

Address [●]

Tel [●]

Fax [●]

e-mail [●]

11.2(2) The Affected Property is Gourikwa Power Station

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

Part c1 agreements and contract data of 53 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

11.2(13) The service is Vegetation Management at Gourikwa Power

Station for a Period of 5 Years

11.2(14) The following matters will be included in None

the Risk Register

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

drawings to which it makes reference.

12.2 The law of the contract is the law of the Republic of South Africa

13.1 The language of this contract is English

13.3 The period for reply is

• Immediately for health and safety matters
• 1 week during planning phase
• Three (3) working days during execution

phase

2 The Contractor’s main Data required by this section of the core

responsibilities clauses is also provided by the Contractor in

Part 2 and terms in italics used in this section

are identified elsewhere in this Contract Data

21.1 The Contractor submits a first plan for

acceptance within Two (2) weeks of the Contract Date

width. Failure to trim hedges/shrubs as

specified. Failure to remove alien or apply

herbicide vegetation as specified.

General appearance 1.5% of Task order value Limited to 10% of task

Garden areas not kept tidy (tools left, uneven per week order value

finish, unsafe conditions)

Contractor’s Health and Safety file: 1.5% of Task order value Limited to 10% of task

Submission of SHE file two (2) weeks before per week order value

start of work. Also, at intervals as required by

the Employer’s Safety Department.

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:

• Complies with the Occupational Health and Safety Act and all applicable health,

safety and environmental laws and regulations;

• Complies with all Employer health, safety and environmental rules, procedures and site

requirements;

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

proper compliance with all applicable health, safety and environmental 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 all applicable health,

safety and 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

Part c1 agreements and contract data of 53 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

the foregoing.

• Maintains all required safety documentation, certifications and compliance records

necessary for the execution of the service.

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, payment and interest

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

Z7.1 comply with the requirements of the Value Added Tax Act, (Act (as amended)) and

to include the Employer’s VAT number 4740101508 on each invoice submitted for payment.

Z7.2 Within one week of receiving a payment certificate from the Service Manager or the Employer’s

acceptance or correction of the Contractor’s assessment or application for payment, 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

Part c1 agreements and contract data of 53 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

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.

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

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

(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.

1.1 Site establishment and de-establishment Sum 1

1.2 Safety File Sum 1

1.3 PPE once off Sum 1

1.4 Travelling Fee per month Month 12

1.5 Labour – Semi-Skilled Month 12

1.6 Labour - Supervisor Month 12

1.7 Safety Officer Fee Month 12

highest safety, environmental, and operational standards.

supports:

1. Operational safety by preventing vegetation from interfering with infrastructure and reducing fire

hazards.

2. Health, Safety & Environmental Compliance – All staff must be trained in safe handling of

herbicides and equipment, wear appropriate PPE, and comply with the Occupational Health and

Safety Act (OHSA), the Conservation of Agricultural Resources Act (CARA, Act ), the

National Environmental Management: Biodiversity Act (NEMBA, Act ), and Eskom’s

Environmental Management Plan (EMP).

3. The National Veld and Forest Fire Act .
4. Biodiversity protection by promoting indigenous plant growth and ecological balance.
5. Site aesthetics by maintaining clean, professional, and visually appealing grounds.

1.2. Employer’s requirements for the service

The Contractor shall provide all labour, equipment, tools, materials, supervision, supplies (including

herbicide) and transportation necessary to perform the supply and services described below.

extras arising from these matters will be subsequently entertained or admitted.

1.2.1. Normative

[1] ISO 9001 Quality Management Systems

[2] ISO 14001 – Environmental management Systems – Requirements with guidance for use.

[3] National Environmental Management Act (NEMA), Act

[4] National Environmental Management: Biodiversity Act (NEMBA), Act

[5] Alien and Invasive Species Regulations, 2014

[6] National Veld and Forest Fire Act, Act

[7] Occupational Health and Safety Act (OHSA), Act

[8] Eskom SHEQ Policy and Environmental Management Procedures

1.2.1. Informative

[9] The South African National Biodiversity Institute (SANBI) Alien Plant Control Guidelines

1.3. Gourikwa Power Station

1. Routine care of landscaped areas, gardens, and buffer zones.
2. Lawn mowing, trimming, edging, and fertilization.
3. Plant and pruning of trees, planting of shrubs, and trimming of hedges to maintain safety and

aesthetics.

4. Supply of irrigation system materials.

Part c3 scope of work of 53 c3.1 Employer’s service information

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

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

Part c1 agreements and contract data of 53 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

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 Intellectual Property – Eskom owning Intellectual Property

“Intellectual means (a) patents, trademarks, service marks, rights in designs, trade names, trade

Property” secrets, know how, copyrights and topography rights, in each case whether registered or

not; (b) applications for registration of any of them; (c) rights under licences and consents

in relation to any of them; (d) all forms of protection of a similar nature or having equivalent

or similar effect to any of them which may subsist anywhere in the world.

“Backgroun means any and all Intellectual Property rights that are not Foreground Intellectual Property

d Intellectual and are owned or controlled by the relevant party or licensed to the relevant party prior to

Property" or outside of the services but required for the purposes of the services.

“Foreground means all Intellectual Property rights and other matter capable of being the subject of

Intellectual intellectual property rights that is conceived, first reduced to practice or writing or

Property” developed in whole or in substantial part in the course of the execution of the services and

rights which are developed substantially as a result of the services. Any services that will

be developed, changed, modified and/or improved specifically for the Purposes will be

Foreground Intellectual Property. Any data or any other information relating to Employer’s

proprietary information generated from the use of the Contractor’s Background Intellectual

Property.

Z13.1 The Contractor retains ownership of all Background Intellectual Property rights made by or

on behalf of the Contractor as part of the services in information or material it uses in

carrying out the services.

Z13.2 All Foreground Intellectual Property rights, contained in any developed materials which are

created by the Contractor or on behalf of the Contractor, for the purposes of and in support

of the execution of the services Employer’s IP) vest with the Employer.

Z13.3 Any data or any other information relating to Employer’s proprietary information generated

from the use of the Contractor’s Background Intellectual Property, the copyright therein

shall be owned by the Employer.

Z13.4 The Contractor acknowledges that all rights, title, and interest in and to the Foreground

Intellectual Property that may result or originate from or be developed in execution of the

services vests in the Employer and that the Contractor has no claim of any nature in and to

the Foreground Intellectual Property.

Part c1 agreements and contract data of 53 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management at gourikwa power station for a period of 5 years

Z13.5 The Contractor ensures that a copyright notice is incorporated or embossed or labelled on

the Foreground Intellectual Property, where the Employer is reflected as the owner of the

Foreground Intellectual Property.

Z13.6 The Contractor is obliged to provide Foreground Intellectual Property manufacturing

documents, designs, processes and/or specifications to the Employer before/on the

[completion date].

Z13.7 The Contractor procures that each Sub-Contractor executes all and any services and takes

all and any other actions as may be required, in order to give effect to this Agreement.

Z13.8 The Employer retains all Background Intellectual Property rights in all documents made by

or on behalf of the Employer including all documents and requirements provided prior to or

during the execution of the services. The Contractor does not, without the written consent,

of the Employer, copy, use or issue to a third party any of the Employer’s Background

Intellectual Property documents and requirements except for the purposes of executing the

services.

Z13.9 Either party procures that any third party executes confidentiality undertakings not to

disclose to any other third parties, any of the [Employer’s Background Intellectual Property

and IP documents and requirements at all, in respect of the Employer], or the Background

Intellectual Property, in respect of the Contractor.

Z13.10 Third Party Claims:

Z13.10.1 In the event of any claims being made or actions against the Employer, on the ground that

the Contractor infringed any patent, trade mark or copyright, the Contractor is notified

thereof and at its own expense, conducts all negotiations in consultation with the Employer

for the settlement of the claim and litigation that may arise from such alleged infringement,

provided that the Employer will not bear any financial burden or losses.

Z13.10.2 Save where the Contractor fails to take over the conduct of the negotiation or litigation

within a reasonable time of the notification of the alleged infringement, the Employer does

not make any admission which might be prejudicial to the Contractor’s position. The

Employer, at the request and the cost of the Contractor, affords it all reasonable technical

assistance that the Employer is able to provide for the purpose of contesting any such

claim or action.

Z13.10.3 Should it be held in any such action that any such protected rights have been infringed, as

definitely stated by a judgment of the court before which the action is brought, the

Contractor, at its own expense and in consultation with the Employer, either:

a. procures for [Employer/Client/Purchaser] the right to continue to use the affected

item or design, or

b. replaces the said affected item or design with a non-infringing item, or

c. provides a design of equivalent quality or modify such affected item or design so as

to make it non-infringing without affecting the quality.

Z13.10.4 Notwithstanding anything contained in this contract, the foregoing sets forth the entire

responsibility of the Contractor with respect to claims relating to infringement.

Z13.10.5 Where it is alleged that the Employer has committed an infringement as intended vis-à-vis

the Contractor as set out in the third-party intellectual property infringement clause, the

Employer has the same rights and obligations as the Contractor, mutatis mutandis, as

regards such alleged infringement.

Z13.10.6 The Contractor herewith indemnifies the Employer and undertakes to keep the Employer

indemnified against all claims of whatsoever nature, real or imagined, which may be made

against the Employer arising from the infringement of any third-party intellectual property

rights.

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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

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

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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.

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C1.2 Contract Data

Part two - Data provided by the Contractor

Notes to a tendering Contractor:

1. Please read both the 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.

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

statement however other clauses may also use the same data.

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

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

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

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:

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

X18: Limitation of liability

X19: Task Order

X20: Key performance indicators

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

due for payment equal to that certified,

accepted, or corrected by the Service Manager,

or decided by the Adjudicator or awarded by the

tribunal, as applicable.

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

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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

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

the timing of the service

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer

for indirect or consequential loss is limited

to R0.0 (zero Rand)

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

liability to the Employer for loss of or event

damage to the Employer’s property is

limited to

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

his design of an item of Equipment is limited

to

• the total of the Prices at the Contract Date

and

• the amounts excluded and unrecoverable

from the Employer’s insurance (other than

the resulting physical damage to the

Employer’s property which is not excluded)

plus the applicable deductibles

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

in connection with this contract, other than

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

excluded matters is not limited.

for which the Contractor is liable under this

contract for

• Defects due to his design, plan and

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specification,

• Defects due to manufacture and fabrication

outside the Affected Property,

• loss of or damage to property (other than

the Employer’s property, Plant and

Materials),

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

right.

X18.5 The end of liability date is 12 months after the end of the service period.

X19 Task Order

X19.5 The Contractor submits a Task Order

programme to the Service Manager within Three (3) days of receiving the Task Order

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.

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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

regarded as such until notified otherwise by the Service Manager.

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

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

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

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

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

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

confidential treatment will be afforded to the information so disclosed.

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

contract, and this contract, including in accordance with any requirements and procedures

stated in the Service Information, and showing the amount due for payment equal to that stated

in the payment certificate, or that accepted or corrected assessment or application for payment.

Z7.3 If the Contractor does not provide a tax invoice in the form to be legally compliant, reflecting the

certified, accepted or corrected amount and by the time required by this contract, the time by

when the Employer is to make a payment, and the date from which interest is assessed for the

certified, accepted or corrected amount, is extended by a period equal in time to the delayed

submission of the legally compliant tax invoice.

Z7.4 The Contractor’s provision of a tax invoice reflecting the certified, accepted or corrected amount

does not affect the Parties’ rights in terms of this contract, including with respect to disputed

amounts.

The Contractor at all times complies with Employer’s Vendor Management System

Z7.5 requirements to ensure invoices are processed and paid timeously. It is the Contractor’s

responsibility to ensure that the Employer is informed of any changes in its organisation that

would affect its vendor status, and to ensure that the necessary actions and due diligences are

taken to ensure compliance with the Employer’s Vendor Management System. The Employer

will not be liable for a delay in payment of invoices as a result of the Contractor’s non-compliant

status on the Employer’s Vendor Management System and no interest will be claimable in this

instance.

Z8 Notifying compensation events

Z8.1 Delete the last paragraph of core clause 61.3 and replace with:

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.

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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:

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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.

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.

Materials Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

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

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

the course of their employment

in connection with this contract

Z 12.2 Replace core clause 86 with the following:

Insurance 86

by the

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

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Transportation (Marine) Per the insurance policy document

Z13 Intellectual Property – Eskom owning Intellectual Property

“Intellectual means (a) patents, trademarks, service marks, rights in designs, trade names, trade

Property” secrets, know how, copyrights and topography rights, in each case whether registered or

not; (b) applications for registration of any of them; (c) rights under licences and consents

in relation to any of them; (d) all forms of protection of a similar nature or having equivalent

or similar effect to any of them which may subsist anywhere in the world.

“Backgroun means any and all Intellectual Property rights that are not Foreground Intellectual Property

d Intellectual and are owned or controlled by the relevant party or licensed to the relevant party prior to

Property" or outside of the services but required for the purposes of the services.

“Foreground means all Intellectual Property rights and other matter capable of being the subject of

Property” developed in whole or in substantial part in the course of the execution of the services and

rights which are developed substantially as a result of the services. Any services that will

be developed, changed, modified and/or improved specifically for the Purposes will be

Foreground Intellectual Property. Any data or any other information relating to Employer’s

proprietary information generated from the use of the Contractor’s Background Intellectual

Z13.1 The Contractor retains ownership of all Background Intellectual Property rights made by or

on behalf of the Contractor as part of the services in information or material it uses in

carrying out the services.

Z13.2 All Foreground Intellectual Property rights, contained in any developed materials which are

created by the Contractor or on behalf of the Contractor, for the purposes of and in support

of the execution of the services Employer’s IP) vest with the Employer.

Z13.3 Any data or any other information relating to Employer’s proprietary information generated

from the use of the Contractor’s Background Intellectual Property, the copyright therein

shall be owned by the Employer.

Z13.4 The Contractor acknowledges that all rights, title, and interest in and to the Foreground

services vests in the Employer and that the Contractor has no claim of any nature in and to

the Foreground Intellectual Property.

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Z13.5 The Contractor ensures that a copyright notice is incorporated or embossed or labelled on

the Foreground Intellectual Property, where the Employer is reflected as the owner of the

Z13.6 The Contractor is obliged to provide Foreground Intellectual Property manufacturing

documents, designs, processes and/or specifications to the Employer before/on the

[completion date].

Z13.7 The Contractor procures that each Sub-Contractor executes all and any services and takes

all and any other actions as may be required, in order to give effect to this Agreement.

Z13.8 The Employer retains all Background Intellectual Property rights in all documents made by

or on behalf of the Employer including all documents and requirements provided prior to or

during the execution of the services. The Contractor does not, without the written consent,

of the Employer, copy, use or issue to a third party any of the Employer’s Background

services.

Z13.9 Either party procures that any third party executes confidentiality undertakings not to

disclose to any other third parties, any of the [Employer’s Background Intellectual Property

and IP documents and requirements at all, in respect of the Employer], or the Background

a. procures for [Employer/Client/Purchaser] the right to continue to use the affected

item or design, or

b. replaces the said affected item or design with a non-infringing item, or

c. provides a design of equivalent quality or modify such affected item or design so as

to make it non-infringing without affecting the quality.

Z13.10.4 Notwithstanding anything contained in this contract, the foregoing sets forth the entire

responsibility of the Contractor with respect to claims relating to infringement.

Z13.10.5 Where it is alleged that the Employer has committed an infringement as intended vis-à-vis

the Contractor as set out in the third-party intellectual property infringement clause, the

regards such alleged infringement.

Z13.10.6 The Contractor herewith indemnifies the Employer and undertakes to keep the Employer

indemnified against all claims of whatsoever nature, real or imagined, which may be made

against the Employer arising from the infringement of any third-party intellectual property

rights.

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Z14 Asbestos

Cell D3: Type 1 in the block to select the applicable type of Category

Returnable documents: A completed Standard Bidding Document (SBD) form, the Invitation to Bid, and the completed Bidder's Disclosure. The invitation is administered through Eskom's tender process. Bidders must complete and submit the prescribed returnable document(s) as specified in the tender.

Bid evaluation consists of two stages: (a) 90/10 preference point scoring under the Preferential Procurement Policy Framework Act, and (b) functionality evaluation.

Cell D3: Type 1 in the block to select the applicable type of Category

Unable to extract from available source.

The tender is for the provision of gardening and vegetation services at five Eskom power stations (Gourikwa, Ankerlig, Acacia, Port Rex, Palmiet) over a five-year period. The supplied document is a Quality Control Plan template, indicating that quality control documentation and records management are part of the service requirements.

The tender covers gardening and vegetation services at Gourikwa, Ankerlig, Acacia, Port Rex and Palmiet Power Stations for a five-year period. The extracted document is a Generation Quality Control Plan (QCP) template. After completing the Databook, an authorised copy of the form must be sent to the site Documentation Control Centre for archiving and uploading to OpenText (Records Management).

The tender is for the provision of gardening and vegetation services at five Eskom power stations: Gourikwa, Ankerlig, Acacia, Port Rex and Palmiet, for a period of five years. The contract will be based on the NEC3 Term Service Contract. The Scope of Work is referenced in the NEC document. Tenderers must not subcontract 100% of the scope of work. Specific SDL&I objectives are applicable for Acacia, Palmiet and Ankerlig Power Stations, Gourikwa Hydro Station, and Port Rex Power Station.

Closing date and time: 02 October 2026 at 10:00 AM South African Standard Time.

Clarification meeting (non-compulsory): 09 September 2026 at 10:00 AM via Microsoft Teams. Meeting ID: 358 180 069 279 881, Passcode: 6Zr3cY2a. Join link: https://teams.microsoft.com/meet/358180069279881?p=6fwcR0e3xWEZegGvI7

Clarification queries must be submitted at least 5 working days before the tender submission deadline.

Tender validity period: 150 days from the closing date.

Eskom Representative: Siyabulela Kekana, Tel: 021 941 5762, Email: [email protected]. All queries and clarifications must be addressed in writing to the Eskom Representative only. Fraud and corruption can be reported anonymously at 0800 11 2722 or [email protected].

Tenders must be submitted electronically via the Eskom E-tendering site by 02 October 2026 at 10:00 AM South African Standard Time. No late tenders will be accepted. All documents must be uploaded in PDF format under the folders Technical, Commercial, Financial, and Other. The price list must be submitted in PDF and is disqualifiable if not received at submission. No zipped or compressed files are allowed; no hard copies will be accepted. If a tender is resubmitted, only the latest version is accepted. The submission status must be indicated as complete. Upload size per document is 500 megabytes; total submission is restricted to 4 gigabytes. Tenders must be signed by authorised persons; tenders signed by non-authorised persons are disqualified. Alternative tenders are not allowed. Returnable forms required at closing (disqualifiable if not submitted): Annexure A (Authorisation Form), Annexure B (Acknowledgement Form), Annexure C (Tenderer's Particulars), Annexure D (Integrity Pact Declaration), Annexure E (CPA for Local Goods/Services), Annexure H (SBD 1 - Invitation to Bid), Annexure I (SBD 6.1 - Preference Points Claim Form), Annexure J (SBD 4 - Bidders Disclosure), and the completed pricing schedule in PDF. Proof of valid CSD registration is mandatory. Non-disqualifiable returnables (if not submitted at closing, must be provided within 5 working days of written request) include the Tax Evaluation Questionnaire, Employment Equity compliance proof (if designated employer), and COIDA letter of good standing. Specific Goals evidence is required at closing for evaluation; failure to submit results in zero points but not disqualification. Tax clearance certificate required if not registered on CSD or no SARS e-filing PIN provided. Foreign suppliers with no South African footprint must complete SBD 1 but no tax compliance proof required. JV/consortium must submit letter of intent or valid JV agreement, confirmation of single business entity, and details of single designated bank account. E-tendering Help Manual acknowledgement form must be submitted.

Evaluation uses the 80/20 preferential point system. Price is scored out of 80 points; Specific Goals (B-BBEE level) are scored out of 20 points. Tenderers must achieve a weighted technical score of 70% or more to qualify for further evaluation. Mandatory Technical Evaluation Criteria (gatekeepers) are assessed on a Yes/No basis; a 'No' on any criterion disqualifies the tenderer. Qualitative Technical Evaluation Criteria are weighted; the minimum weighted final score is 70%. Prices are evaluated inclusive of VAT, corrected for arithmetical errors, excluding contingencies, adjusted for acceptable variations, and compared on Net Present Value. Unconditional discounts are considered; conditional discounts are not considered for evaluation but applied at payment. If a tenderer fails to submit evidence for a Specific Goal, it is not disqualified but scores zero for that goal. Tenderers are ranked by total points (Price + Specific Goals). Eskom reserves the right to award to a single or multiple suppliers.

Scope: Provision of gardening and vegetation services at Gourikwa, Ankerlig, Acacia, Port Rex and Palmiet Power Stations for a period of five (5) years. The contract will be governed by the NEC3 Term Service Contract. The Scope of Work is referenced in the NEC document. Tenderers must not subcontract 100% of the scope of work. Specific SDL&I objectives are applicable for Acacia, Palmiet and Ankerlig Power Stations, Gourikwa Hydro Station, and Port Rex Power Station. Additional documents may be required (ECSA/SACPCMP/CVs/permits/licenses/specific registration documents) if applicable to the scope of work.

Tenderers must provide CVs and qualifications for personnel participating in the activity. OHS competency must be demonstrated, considering scope of work, risks, OHS plan, and applicability. The Baseline Risk Assessment (BRA) must include the methodology used. The OHS policy must be signed by the CEO and comply with OHS Act Section 7.

The completed pricing schedule is included in the NEC3 Term Services Contract and must be submitted in PDF. The price list must be submitted in PDF; it is disqualifiable if not received at submission. Upload size per document is 500 megabytes; total submission is restricted to 4 gigabytes. Prices are evaluated inclusive of VAT, corrected for arithmetical errors, excluding contingencies, adjusted for acceptable variations, and compared on Net Present Value. Unconditional discounts are considered; conditional discounts are not considered for evaluation but applied at payment. Prices are scored out of 80 points.

Payment terms: For contracts valued below R50,000,000 (including VAT), Eskom pays within 30 days of receipt of undisputed invoices. For contracts valued above R50,000,000 (including VAT), Eskom pays within 60 days of receipt of undisputed invoices. Financial analysis of the recommended supplier will be conducted prior to contract award; audited financial statements (18 months) may be required. The pricing schedule is included in the NEC3 Term Services Contract and must be submitted in PDF. Prices are evaluated inclusive of VAT. No security for performance is required (not applicable).

Mandatory: Proof of valid and current CSD registration (CSD number/CSD report).

South African tenderers must provide a valid COIDA letter of good standing (original certificate or proof of application).

Tax clearance: Certified copy of tax clearance certificate required from foreign tenderers with a footprint in South Africa not registered on CSD or without SARS e-filing PIN, and from local tenderers without SARS e-filing PIN or CSD profile. Foreign suppliers with no South African footprint complete SBD 1 but no tax compliance proof required.

B-BBEE: Proof of B-BBEE status level certificate issued by an authorised body, or sworn affidavit as prescribed by the B-BBEE Codes of Good Practice, or other requirement per the B-BBEE Act. Specific Goals (B-BBEE level) are scored out of 20 points.

Employment Equity: If a designated employer, proof of compliance with the Employment Equity Act, including submission of the Employment Equity report to the Department of Labour (South African tenderers only).

Tax Evaluation Questionnaire: Must be submitted to determine if the company, close corporation, or trust is a personal service provider for PAYE purposes.

Quality: Category 3 quality criteria listing all returnables, Category 3 Form A for section E, CQP and QCP templates for sections C & D, Supplier QM specification (QM 58) for reference.

SHE: Annexure B (Acknowledgement of Eskom OHS Requirements), OHS plan, Baseline Risk Assessment (BRA), valid COIDA letter of good standing, SHE policy signed by CEO, PPE Memo Compliance.

Environmental: Proof of valid Pest Control Operating License.

CIDB: Not applicable.

CSDG and CPG: Not applicable.

Mandatory SHE returnables: Annexure B (Acknowledgement of Eskom OHS Requirements), OHS plan addressing scope of work risks and aligned with health and safety requirements, detailed costing for OHS (broken down, not lump sum), Baseline Risk Assessment (BRA) with methodology, valid COIDA letter of good standing, OHS policy signed by CEO complying with OHS Act Section 7, OHS competency (CVs and qualifications for personnel), and PPE Memo Compliance. South African tenderers must provide original certificate of good standing or proof of application from the Compensation Fund or licensed compensation insurer.

Proof of a valid Pest Control Operating License is required. SDL&I objectives are applicable for the power stations. Due diligence/financial analysis requires latest approved annual financial statements (no drafts or management accounts) of the tendering company, including background, signed director's report, signed auditor's/reviewer's/compiler's/accounting officer's report, statement of financial position, statement of comprehensive income, statement of changes in equity, statement of cash flows, and notes to the financial statements. For unincorporated JV or SPV, each partner must submit its annual financial statements.

The contract will be the Eskom NEC3 Term Service Contract. Tenderers must meet eligibility criteria: not be under any restriction to do business with Eskom or State-Owned Companies; not have nationality of a country on international sanctions lists; not submit more than one tender (unless as a JV with joint and several liability); not have a conflict of interest; not be restricted by National Treasury or on the Tender Defaulters list; not be restricted by Eskom; and not subcontract 100% of the scope of work. Eskom reserves the right to negotiate with preferred bidders if tendered prices are not market-related. Main contractors are discouraged from subcontracting with subsidiary companies; if they do, it must be declared. Payment terms: below R50 million (incl. VAT) paid within 30 days; above R50 million paid within 60 days of undisputed invoices.

Bidders must sign the Acknowledgement Form for Eskom OHS legal and other requirements (Annexure B, Eskom Identifier 240-43921804 Rev 5, Document 240-77471499 Rev 3), confirming they have obtained copies of the listed OHS documents and understand the consequences of non-compliance. The form must be signed by an authorised person (CEO/Director/Managing Director) and witnessed by two witnesses. No other eligibility criteria are stated in the provided document.

appointment of contractors or suppliers for the

commencement of work

Work stoppages initiated due to OHS issues do not warrant any financial compensation claim against Eskom. Financial penalties are enforced on the principal contractor for non-conformances (identified for the main supplier and/or its sub-contractor and/or supplier) pertaining to Eskom or statutory OHS requirements. All employees (contractors/suppliers) must undergo the relevant Eskom induction.

Bidders must comply with Eskom OHS requirements, including the following procedures and standards: Occupational Health & Safety Risk Assessment Procedure 32-520; Life Saving Rules Procedure 240-62196227 and Life Saving Rules Acknowledgment Form 240-4392180; Incident Management Procedure 32-95; Employees Right of Refusal to Work in an Unsafe Situation Procedure 240-43848327; Vehicle and Driver Safety Management Procedure 240-62946386; Personal Protective Equipment (PPE) 240-44175132; Substance Abuse 32-37; Work at Heights 32-418; plus project-specific requirements such as Project Baseline Risk Assessment (BRA) and PPE Non-Compliance Memo. After contract award, the supplier must fully align its processes to Eskom's OHS requirements. Penalties will be enforced for non-conformance to Eskom or statutory OHS requirements. Work stoppages due to OHS issues do not warrant financial compensation claims. All employees (contractors/suppliers) must undergo the relevant Eskom induction. The main contractor must manage its contractors/suppliers: demonstrate selection criteria, notify Eskom before appointment, ensure adequate resources and competencies, monitor OHS compliance through audits, and deal with non-conformances directly. Eskom may verify compliance and request testimonials/references and client contact details for similar work.

The main supplier must provide grounds for termination of work done by its contractors or suppliers. All non-conformances or non-compliance by contractors/suppliers (all tiers) are dealt with directly with the main contractor/supplier through performance and penalty processes. Eskom reserves the right to verify compliance and may require copies of testimonials/references and contact details of clients (including Eskom) for similar work.

The tenderer must complete the tender and quality requirements form (Form A) to declare acceptance of the quality clauses. The form includes selection of applicable quality category and indication of compliance with each specific quality clause.

Bidders must complete and sign the Eskom Supplier Quality Requirements form (Form A). Select the applicable quality category from Category 1 to 4 — the tender requires Category 3. The form is part of the tender returnables. Submission must be made in accordance with the tender returnable documents.

Bidders are required to select the applicable quality category (Category 1 to 4) and indicate whether a site assessment is applicable. The selected category must be in accordance with clause 3.5 of the Eskom quality specification. Bidders must also indicate acceptance of the pre-contract quality requirements, post-contract award requirements, and the ISO 9001 standard. The tenderer must complete and sign the quality requirements form, which forms part of the evaluation of the tender.

The tenderer must comply with Eskom's Supplier Quality Requirements as per specification 240-105658000 and the ISO 9001 Standard. The quality requirements include pre-contract award quality requirements (selecting the applicable category), post-contract award requirements (contract execution and supplier quality performance monitoring), and ongoing quality audits related conditions. The tenderer must indicate acceptance of each requirement by marking with an X where applicable.

CLAUSE 4 Context of the Organisation X PRINCIPLE 1 Customer focus X

CLAUSE 5 Leadership X PRINCIPLE 2 Leadership X

CLAUSE 6 Planning X PRINCIPLE 3 Engagement of people X(ESKOM)

C CLAUSE 7 Support X PRINCIPLE 4 Process approach X

CLAUSE 8 Operation X PRINCIPLE 5 Improvement X

CLAUSE 9 Evidence based decision

Performance Evaluations X PRINCIPLE 6 XSECTION making

CLAUSE 10 Improvement X PRINCIPLE 7 Relationship Management X

Authorisation Date January 2022

240-105658000 and

QUALITY REQUIREMENTS FOR ISO 9001 Review Date January 2027

Eskom Rights of Access (refer to clause 3.8.-105658000) X

Eskom Rights to Information (refer to clause 3.8.-105658000) X

Preservation (refer to clause 3.8.-105658000) X

Quality Audits Related Conditions (refer to clause 3.8.-105658000) X

Management of Nonconformities and Nonconforming Outputs Identified by Eskom (refer to clause 3.8.-

105658000. x

Special processes (refer to clause 3.8.-105658000) x

Clauses of iso iso 9001 standard indicate with an quality iso 9001 standard indicate with an

9001 standard clause description (x) as applicable principles principle description (x) as applicable

Or (-) if not or (-) if not

Representativesection (tenderer)

NB: The tenderer must complete and sign this form to acknowledge and accept Eskom Supplier Quality Requirements as per 240-

105658000 Specification and ISO 9001 Standard.

Ard indicate with an quality iso 9001 standard indicate with an

Performance Evaluations X PRINCIPLE 6 XSECTION making

Eskom’s quality

NB: The tenderer must complete and sign this form to acknowledge and accept Eskom Supplier Quality Requirements as per 240

TENDER & CONTRACT QUALITY Document Identifier 240-68099512 Rev 9

QUALITY REQUIREMENTS FOR ISO 9001 Review Date January 2027

Pre-contract award quality requirements x

B Contract Execution (refer to clause 3.7.-105658000) X CLAUSE Supplier Quality Performance Monitoring Phase (refer to clause 3.7.-105658000) X

Quality Audits Related Conditions (refer to clause 3.8.-105658000) X

Clauses of iso iso 9001 standard indicate with an quality iso 9001 standard indicate with an

The service is Vegetation Management at Port Rex Power Station for a period of 5 years. The Affected Property is Port Rex Power Station. The service period is five years. The starting date is to be confirmed (TBC). The service includes maintenance of vegetation within the power station, excluding the HV yard, including flower beds, grass cutting, garden waste removal, and weeding to keep vegetation, roads, and parking areas neat and tidy.

The Service Manager details (name, address, tel, fax, email) are to be provided in the Contract Data. The Employer is Eskom Holdings SOC Ltd (Reg No. 2002/015527/30), registered office at Megawatt Park, Maxwell Drive, Sandton, Johannesburg. For signing documents, the address is 15 Pasita Street, Rosenpark, 7550. The phone number 011 803 3008 is for Engineering Contract Strategies (the NEC3 TSC3 publisher), not a tender contact.

Returnable documents: C1.1 Form of Offer and Acceptance (signed offer, including offered total of Prices exclusive of VAT, VAT at 15%, and inclusive total; CIDB registration number required); C1.2b Contract Data provided by the Contractor (company details, fee percentages, risk register matters, key people with CVs, tendered total of Prices); Schedule of Deviations (if any). All must be completed and signed. The tenderer's covering letter must not be included in the final contract document. Failure to provide required securities, bonds, guarantees, proof of insurance within two weeks of receiving the completed agreement constitutes repudiation.

The contract is a priced contract with a price list (NEC3 TSC3 Option A). The tenderer must submit a completed Form of Offer and Acceptance with the offered total of Prices. The tenderer must provide Contract Data Part Two including key people and CVs. The tenderer must have a CIDB registration number. B-BBEE status is relevant; changes in status must be notified. Joint ventures are jointly and severally liable. The tenderer must comply with the ethics clause (Z11) prohibiting coercive, collusive, corrupt, fraudulent, or obstructive actions. Insurance certificates must be provided as required.

The service is vegetation management at Port Rex Power Station for a period of five years. The Affected Property is Port Rex Power Station. The service includes: weeding, grassed areas, control of disease and insect pests, pruning, replacement of dead or damaged plants, cutting of grass. The employer requires the garden service company to maintain vegetation within the power station, excluding the HV yard, by upkeeping flower beds, cutting grass, removing garden waste, and weeding to keep vegetation, roads, and parking areas neat and tidy. Specific tasks include: mowing, edging (grass height <25 mm), weeding, pruning, pest/disease treatment, plant replacement, and off-site garden waste disposal. The service also includes chemical spraying and weeding across station paved surfaces, roads, parking areas, and between operational units (5200 m2 entire footprint), and clearing and maintaining a continuous 2m width vegetation-free strip on the outside of the 380 meter perimeter boundary fence line for security patrols. The service must comply with normative standards: ISO 9001, ISO 14001, National Environmental Management Act (NEMA), National Environmental Management: Biodiversity Act (NEMBA), Alien and Invasive Species Regulations 2014, National Veld and Forest Fire Act, Occupational Health and Safety Act (OHSA), and Eskom SHEQ Policy and Environmental Management Procedures. Informative reference: SANBI Alien Plant Control Guidelines.

The Contractor must provide key people data in Contract Data Part Two, including names, jobs, responsibilities, qualifications, and experience, with CVs. The key people must be identified and their CVs submitted. The Contractor must provide a plan for the service within two weeks of the Contract Date. The Contractor must have a CIDB registration number as indicated in the Form of Offer and Acceptance.

The service must comply with ISO 9001 (Quality Management Systems) and ISO 14001 (Environmental Management Systems). The Contractor must submit a Quality Control Plan as part of the service information. The Contractor must maintain quality assurance requirements as per the Scope of Work. The Contractor must provide a plan for the service within two weeks of the Contract Date. Key Performance Indicators (KPIs) are part of the contract (Option X20).

The pricing structure is a priced contract with a price list (Option A of NEC3 TSC3). The price list includes items such as: 1.1 Site establishment and de-establishment (Sum), 1.2 Safety File (Sum), 1.3 PPE once off (Sum), 1.4 Travelling Fee per month (Month, 12), 1.5 Labour – Semi-Skilled (Month, 12), 1.6 Labour - Supervisor (Month, 12), 1.7 Safety Officer Fee (Month, 12), 2.1 Monthly service fee for vegetation management (Month, 24) - lawn and garden care twice per month including mowing, edging (grass height <25 mm), weeding, pruning, pest/disease treatment, plant replacement, and off-site garden waste disposal (excluding HV yard) 3181 m2 total garden area, 2.2 Garden maintenance (Month, 24) - flower bed maintenance, plant pruning, wound dressing, insect pest/disease treatment, and plant bed weeding 3181 m2 total garden area, 2.3 Chemical spraying and weeding across station paved surfaces, roads, parking areas, and between operational units (Month, 24) 5200m2 entire footprint, 2.4 Perimeter Security Inspection Strip (Month, 12) - clearing and maintaining a continuous 2m width vegetation-free strip on the outside of the 380 meter perimeter boundary fence line for security patrols, 3.1 Additional Cost markup percentage (%). Prices are derived from a list of service items, priced as lump sums or expected quantities multiplied by a rate. The total of the Prices for 5 years must be stated.

Pricing is a priced contract with a price list (NEC3 TSC3 Option A). The tenderer must complete the price list with items such as: site establishment and de-establishment (sum), safety file (sum), PPE once off (sum), travelling fee per month, labour (semi-skilled and supervisor) per month, safety officer fee per month, routine maintenance items (monthly service fee for vegetation management, garden maintenance, chemical spraying and weeding, perimeter security inspection strip), and an additional cost markup percentage. Prices are derived from a list of service items, priced as lump sums or expected quantities multiplied by a rate. The offered total of Prices exclusive of VAT, VAT at 15%, and inclusive total must be stated. Rates are fixed and firm for the first 12 months; price adjustment for inflation applies thereafter (85% variable linked to SEIFSA indices, 15% fixed). Payment: assessment interval between the 25th-30th day of each month or 1-3 days on completion of Task Order; payments due 30 days from when the Contractor provides a tax invoice; interest at the prime rate (or LIBOR for other currencies). The Contractor must prepare forecasts of the final total of Prices at intervals no longer than four weeks. The Contractor must provide a tax invoice within one week of receiving a payment certificate, including Eskom's VAT number 4740101508. The Contractor must comply with Eskom's Vendor Management System requirements for invoice processing.

C1.1 Form of Offer and Acceptance: signed offer, includes CIDB registration number. C1.2b Contract Data provided by the Contractor: company details, key people, CVs. B-BBEE: changes in status must be notified within 7 days, updated verification certificate within 30 days; a decrease may lead to renegotiation or termination. Joint ventures: parties jointly and severally liable; composition cannot be altered without written consent. Ethics (Z11): prohibits coercive, collusive, corrupt, fraudulent, or obstructive actions; termination possible for such actions. Insurance: Contractor must provide insurances as per Insurance Table A (replacement cost for loss/damage to Employer's property, Plant and Materials, Equipment; liability for property damage, bodily injury, death of employees). VAT: must be registered and include Eskom's VAT number on invoices. Health and safety: comply with OHSA and Eskom rules; maintain safety documentation. Asbestos (Z14): comply with asbestos regulations; OEL 0.2 fibres/ml; contractor may stop work if unsafe; asbestos removal by registered contractor at Employer's expense.

The Contractor must comply with the Occupational Health and Safety Act and all applicable health, safety and environmental laws and regulations, and with all Employer health, safety and environmental rules, procedures and site requirements. The Contractor warrants that the total of the Prices includes sufficient amount for proper compliance with health and safety laws. The Contractor must maintain all required safety documentation, certifications and compliance records. The Contractor must submit a SHE file two weeks before start of work, and at intervals as required by the Employer's Safety Department. Failure to submit the SHE file on time attracts low service damages of 1.5% of Task order value per week, limited to 10% of task order value. Asbestos provisions (Z14): ambient air must conform to prescribed standards; OEL for asbestos is 0.2 regulated asbestos fibres per ml of air as a 4-hour TWA, short-term exposure limit 0.6 fibres/ml as a 10-minute TWA; measurements by SANAS accredited and Department of Employment and Labour approved AAIA; Contractor may perform parallel measurements at its own expense; Contractor personnel may stop working and leave contaminated area until declared safe; asbestos removal and disposal done by a registered asbestos contractor instructed by the Employer at the Employer's expense.

The Contractor must comply with all applicable environmental laws and regulations, including the National Environmental Management Act (NEMA), National Environmental Management: Biodiversity Act (NEMBA), Alien and Invasive Species Regulations 2014, and National Veld and Forest Fire Act. The Contractor must comply with Eskom SHEQ Policy and Environmental Management Procedures. The service includes eradication and removal of invader species. The Contractor must manage environmental constraints as per the Scope of Work. Asbestos provisions (Z14) require compliance with the Employer's Asbestos Standard 32-303 and safe handling, storage, disposal and phase-out of asbestos and asbestos containing materials.

The contract is the NEC3 Term Service Contract April 2013 (TSC3) with main Option A (priced contract with price list), dispute resolution Option W1, and secondary options X1 (price adjustment for inflation), X2 (changes in law), X17 (low service damages), X18 (limitation of liability), X19 (Task Order), X20 (key performance indicators), and Z (additional conditions Z1-Z14). The law of the contract is South African law; language is English. Period for reply: immediately for health and safety matters, 1 week during planning phase, 3 working days during execution phase. The Contractor submits a first plan for acceptance within two weeks of the Contract Date. Payment: assessment interval between 25th-30th day of each month or 1-3 days on completion of Task Order; currency ZAR; payments due 30 days from invoice; interest at prime rate or LIBOR. The Contractor prepares forecasts of the final total of Prices at intervals no longer than four weeks. Dispute resolution: Adjudicator from ICE-SA (or AFSA if not agreed); tribunal is arbitration in Cape Town under Association of Arbitrators rules. Price adjustment: base date one month before tender closure; rates fixed for first 12 months; 85% variable (70% SEIFSA C-3 labour, 15% SEIFSA L-1(B) transport, 15% SEIFSA D-2 CPI), 15% fixed; CPA frequency semi-annual. Low service damages: 1.5% of Task order value per week, limited to 10% of task order value, for failure to cut grass to specified height/width, failure to trim hedges/shrubs, failure to remove alien or apply herbicide vegetation, general appearance (garden areas not kept tidy), Contractor's Health and Safety file submission delay (SHE file two weeks before start), submission delays (2% per week), delay in completing Task (2% per week), resource delay (2% per week). Limitation of liability: Contractor's liability for indirect/consequential loss limited to R0; liability for loss/damage to Employer's property limited to deductibles; liability for defects due to design limited to the greater of total Prices or amounts unrecoverable from Employer's insurance; total liability for all matters (except additional excluded matters) limited to total of Prices; additional excluded matters (defects due to design, manufacture/fabrication outside Affected Property, loss/damage to property other than Employer's, death/injury to person, IP infringement) unlimited; end of liability date 12 months after end of service period. Task Order programme to be submitted within 3 days of receiving Task Order. Additional conditions Z1-Z14 always apply: Z1 cession/delegation/assignment requires Employer written consent; Employer may cede/delegate to subsidiaries; Z2 joint venture parties jointly and severally liable; key person to be notified within two weeks; composition cannot be altered without consent; Z3 change in B-BBEE status - notify within 7 days, updated verification certificate within 30 days, Employer may renegotiate or terminate if status decreases; Z4 confidentiality - no disclosure without consent, images of Affected Property require prior written consent, rights vest in Employer; Z5 waiver and estoppel - no waiver unless in writing; Z6 health, safety, environment - comply with OHSA and Employer rules, maintain safety documentation; Z7 tax invoice - include Employer's VAT number 4740101508, provide within one week of payment certificate, comply with Vendor Management System; Z8 compensation events - notify within 8 weeks of becoming aware, otherwise no change in Prices; Z9 Employer's liability for indirect/consequential loss limited to R0; Z10 termination if business rescue order granted; Z11 ethics - no coercive, collusive, corrupt, fraudulent, or obstructive actions; termination possible; Z12 insurance - Contractor provides insurances per Insurance Table A (replacement cost for loss/damage to Employer's property, Plant and Materials, Equipment; liability for property damage, bodily injury, death of employees); Employer provides insurances per Insurance Table B (Assets All Risk, Contract Works, Environmental Liability, General and Public Liability, Transportation (Marine), Motor Fleet and Mobile Plant, Terrorism, Cyber Liability, Nuclear Material Damage and Business Interruption, Nuclear Material Damage Terrorism); Z13 intellectual property - Foreground IP vests in Employer, Background IP retained by owner, Contractor indemnifies Employer against third-party IP claims; Z14 asbestos - OEL 0.2 fibres/ml, short-term 0.6 fibres/ml, Employer certifies ambient air, Contractor may stop work if unsafe, asbestos removal/disposal by registered contractor at Employer's expense.

Special conditions of contract (Z clauses): Z1 Cession, delegation and assignment - Contractor must not cede, delegate or assign without written consent; Employer may cede/delegate to subsidiaries. Z2 Joint ventures - parties jointly and severally liable; key person to be notified within two weeks; composition cannot be altered without consent. Z3 Change of B-BBEE status - notification within 7 days, updated verification certificate within 30 days, Employer may renegotiate or terminate if status decreases. Z4 Confidentiality - no disclosure without consent, images of Affected Property require prior written consent, rights vest in Employer. Z5 Waiver and estoppel - no waiver unless in writing. Z6 Health, safety and environment - comply with OHSA and Employer rules, maintain safety documentation. Z7 Tax invoice - include Employer's VAT number 4740101508, provide within one week of payment certificate, comply with Vendor Management System. Z8 Compensation events - notify within 8 weeks of becoming aware, otherwise no change in Prices. Z9 Employer's limitation of liability - indirect/consequential loss limited to R0. Z10 Termination - if business rescue order granted. Z11 Ethics - no coercive, collusive, corrupt, fraudulent, or obstructive actions; termination possible. Z12 Insurance - Contractor provides insurances per Insurance Table A; Employer provides insurances per Insurance Table B. Z13 Intellectual property - Foreground IP vests in Employer, Background IP retained by owner, Contractor indemnifies Employer against third-party IP claims. Z14 Asbestos - comply with asbestos regulations, OEL 0.2 fibres/ml, Contractor may stop work if unsafe, asbestos removal by registered contractor at Employer's expense.

This section covers the technical evaluation of tenderers for gardening and vegetation services at Eskom's peaking power stations. It describes the criteria used to assess bidders' capability, including their experience, equipment, pest control methods, and personnel qualifications. Mandatory and qualitative evaluation criteria apply.

Qualifying threshold — Tenderers must achieve a weighted technical score of 70% or more to be considered technically compliant.

Evaluation approach: a weighted score-card evaluates technical compliance against the specification.

Mandatory criteria are assessed on a Yes/No basis (pass or fail); qualitative criteria are weighted to rank the highest technically ranked tenderer.

Scoring weights among qualitative criteria: 20%, 30%, 20%, 10% — applied to criteria including relevant experience, equipment, and methods.

Qualitative criteria scored include: company experience (e.g., 15%, 10%, 5%, or 0% depending on years of similar contract work), equipment suitable for work (e.g., lawnmowers, blowers, grass cutters, sprayers, sweepers), vegetation control methods (e.g., alien weed eradication), and personnel/supervisor qualifications.

Experience and qualifications are evaluated for both the contractor and supervisors. The company must demonstrate relevant experience, with points scored based on years of similar vegetation and alien weed eradication work. Supervisors must have relevant qualifications and experience, including basic herbicide application knowledge. Assessment is done through CVs and per-project responsibilities.

The scoring criteria include a component on safety in vegetation control activities. Tenderers are assessed on their safety procedures, safe work methods, and related activities. Specific safety-related weights or exact requirements are not clearly detailed in the available text.

The technical evaluation uses a weighted score-card approach. Tenderers must achieve a minimum weighted score of 70% overall to pass the technical threshold. Mandatory criteria are assessed on a Yes/No basis, and qualitative criteria are weighted to rank tenderers. The final qualitative score must be 70% or more for a tenderer to be considered credible.

The project involves vegetation management at Gourikwa Power Station, located on the N2 next to Petrosa Mossel Bay. The contractor will be responsible for the full scope of gardening and vegetation services as detailed in the technical specifications.

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Bidders must be registered with the Compensation Commissioner and provide a valid Letter of Good Standing (COID) for the duration of the contract. They must comply with the Occupational Health and Safety Act (Act 85 of 1993) and all relevant regulations, including Section 37(2) agreements. Bidders must have a signed SHEQ policy, statutory appointments in place, and an organisational organogram signed by the CEO or Section 16(2) appointee. They must also comply with the National Environmental Management Act, National Water Act, and other applicable legislation. No child labour is permitted. Bidders must ensure all employees are trained and inducted, and must sign Eskom's Life-Saving Rules pledge. The document does not specify B-BBEE requirements, CIDB grading, or other pre-qualification criteria.

The scope of work includes routine care of landscaped areas, gardens, and buffer zones; lawn mowing, trimming, edging, and fertilization; planting and pruning of trees, shrubs, and hedges; irrigation system installation, monitoring, and repairs; identification and removal of alien invasive plant species; mechanical and chemical control methods using approved products; safe disposal of biomass; rehabilitation with indigenous species; clearing vegetation around fence lines and stormwater channels; maintaining firebreaks; ensuring vegetation does not obstruct access roads, signage, or equipment; provision of trained personnel with appropriate PPE; execution of work with minimal disruption to power station operations; compliance with site safety protocols and emergency procedures; monthly inspections and routine reports; quarterly progress reports with photographic evidence; annual performance review and summary reporting; training of Gourikwa's staff on irrigation operations; maintaining paved areas and building edges free of weeds; general weeding around buildings, HV fence, and roads; upkeep of pot plants including watering, fertilization, pruning, and replacement of diseased or damaged specimens; cleaning and painting of pots; establishing and maintaining firebreaks to prevent veldfires.

The contractor must provide a method statement for the work, including risk assessments and safe work procedures. The scope includes routine care of landscaped areas, gardens, and buffer zones; lawn mowing, trimming, edging, and fertilization; planting and pruning of trees, shrubs, and hedges; irrigation system installation, monitoring, and repairs; identification and removal of alien invasive plant species; mechanical and chemical control methods using approved products; safe disposal of biomass; rehabilitation with indigenous species; clearing vegetation around fence lines and stormwater channels; maintaining firebreaks; ensuring vegetation does not obstruct access roads, signage, or equipment; provision of trained personnel with appropriate PPE; execution of work with minimal disruption to power station operations; compliance with site safety protocols; monthly inspections and reports; quarterly progress reports with photographic evidence; annual performance review; training of Gourikwa's staff on irrigation operations; maintaining paved areas and building edges free of weeds; upkeep of pot plants; establishing and maintaining firebreaks to prevent veldfires.

The main contractor and appointed contractors must have appropriate qualifications and certificates. Employees must always be under competent supervision.

Contractors must maintain satisfactory standards of work and document inspection results. Tools and equipment must be regularly inspected and maintained. Hand tools must be recorded on a register and inspected monthly by the construction supervisor and prior to use by users. Equipment with mushroom heads is not permitted.

Contractors must comply with Eskom's OHS requirements, including legal compliance (OHS Act, Section 37(2) agreement, child labour prohibition), SHEQ policy, COID registration, statutory appointments, Eskom Life-Saving Rules (open/isolate/test/earth, working at heights, seatbelts, sobriety, permit to work, safe live working), substance abuse policy (0% alcohol/drug level), contractor organisational structure, roles and responsibilities of main and appointed contractors, risk assessments, safe work procedures/method statements, fire equipment, first aid, OHS communication, toolbox talks, OHS training, site establishment, vehicle management, housekeeping, signage, tools and equipment, ladders, auditing, smoking, cellular phones, occupational health and hygiene, working at heights, PPE, incident investigation, emergency management, non-conformance, OHS files, work stoppage, hours of work, omissions, contractor performance monitoring, security clearance, contract sign-off, and Eskom's right to terminate.

Contractors must comply with environmental legislation and Eskom's duty of care to the environment. Materials and objects must not be left unsecured in elevated areas. Waste must be disposed of in designated areas.

The evaluation criteria are not detailed in this document. Bidders must comply with the OHS requirements and provide the necessary documentation as part of the evaluation process.

The contract is for vegetation management at Port Rex Power Station. The power station does not have a horticulture department, so a garden service company is required to service and maintain vegetation within the station, excluding the HV yard. Work includes upkeeping flower beds, cutting grass, removing garden waste, weeding, and maintaining plants, plant beds, trees and lawns. This includes periodic cleaning, weeding, disease and insect pest control, mowing, edge cutting, pruning, wound dressing, replacement of unacceptable material, straightening plants, adjusting plants, eradication and removal of invader species, and removal of garden cuttings and waste. Roads and grounds within the power station and the fire break around the outer perimeter must be kept neat, clean, and cleared of all foreign objects and rubble.

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Bidders must be registered with the Compensation Commissioner and provide a valid Letter of Good Standing (COID). They must comply with the Occupational Health and Safety Act and all relevant legislation (e.g., National Environmental Management Act, National Road Traffic Act). A Section 37(2) agreement must be signed with Eskom. The contractor must provide an organogram and statutory appointments. No child labour may be used. Bidders must be able to meet the OHS requirements, including substance abuse testing and Life-Saving Rules compliance. The document does not specify B-BBEE level, CIDB grading, or financial turnover requirements.

The scope of work is vegetation management at Port Rex Power Station, excluding the HV yard. Services include: upkeeping flower beds, cutting grass, removing garden waste, weeding, maintaining plants, plant beds, trees and lawns, periodic cleaning, disease and insect pest control, mowing lawns, cutting edges, pruning, wound dressing, replacing unacceptable material, straightening leaning or sagging plants, adjusting plants settled or planted too low, eradicating and removing invader species, removing garden cuttings and waste, and any other procedure consistent with good horticultural practice. Roads and grounds within the power station and the fire break around the outer perimeter must be kept neat, clean, and cleared of all foreign objects and rubble.

Contractors must comply with the Department of Employment and Labour inspection and enforcement services. Substance abuse is prohibited: the allowable alcohol and drug level is 0%. Contractors must follow Eskom's Substance Abuse Procedure (32-37) and Life-Saving Rule 4 (Be Sober). Ad hoc alcohol testing may be conducted on site. Contractors must maintain satisfactory standards, document inspection results, and keep records. Tools and equipment must be regularly inspected; hand tools must be recorded on a register and inspected monthly by the construction supervisor and by users prior to use. Ladders must be inspected before each use. The contractor's OHS plan will be audited against a compliance checklist; approval is granted only when compliant. Eskom will conduct OHS audits on the main contractor and appointed contractors every 6 months, with regular inspections. Contractors must audit their own and appointed contractors' implementation of the OHS plan monthly or when scope changes, and submit findings and corrective actions to the Eskom project manager within one week.

This document is Eskom Generation's OHS requirements for the contract. It lists legislative and Eskom requirements that must be met by the contractor, including compliance with the OHS Act, Section 37(2) agreements, hazardous work by children prohibitions, SHEQ policy, COID registration, statutory appointments, Eskom Life-Saving Rules, substance abuse testing, contractor organisational structure, roles and responsibilities, risk assessments, safe work procedures, fire equipment, first aid, OHS communication, toolbox talks, OHS training, site establishment, vehicle management, housekeeping, signage, tools and equipment, ladders, auditing, smoking, cellular phones, occupational health, working at heights, PPE, incident investigation, emergency management, non-conformance, OHS files, work stoppage, hours of work, omissions, performance monitoring, security clearance, contract sign off, and Eskom's right to terminate.

The contractor must comply with environmental legislation, including the National Environmental Management Act. The scope of work includes maintaining vegetation, which involves eradicating invader species and removing garden waste. Materials and objects must not be left unsecured in elevated areas, as falling objects may cause injuries or fatalities. Waste must be temporarily stored in a designated waste area awaiting disposal.

The OHS plan must be submitted for evaluation prior to the start of work. The OHS department will issue the Section 37(2) agreement to the project manager/end user, who will facilitate signing by Eskom and contractor representatives.

{"closingDate":"01 April 2023"}

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B-BBEE preference points are allocated under either the 90/10 or 80/20 system, with the table listing points by B-BBEE status level (Level 1 earns 10 or 20 points; Level 8 earns 1 or 2 points; non-compliant earns 0). A maximum of 10/20 points may be awarded for specific goals, added to price points and rounded to two decimals. The contract goes to the tenderer with the highest combined score. Bidders who fail to submit the required B-BBEE documentation will not be disqualified, but may only score on price (out of 90/80) and receive zero points for specific goals (out of 10/20). SDL&I objectives do not form part of scoring but become contractual obligations once committed.

Provision of vegetation management services at Gourikwa Hydro Station. The project duration is 60 months (five years).

Tender responses must be separated into their components according to the Price Schedule included with the tender documents. Local procurement content is total spending minus the imported component.

SDL&I penalties and performance security: Eskom will apply a penalty of 1.5% of the Contract Value for failure to meet SDL&I obligations. For the contract duration, Eskom will retain 1.5% of every invoice (excluding VAT) as security for fulfilment of SDL&I obligations, released only upon full compliance.

B-BBEE evidence to claim preference points: a valid B-BBEE certificate issued by a SANAS accredited verification agency, or a sworn affidavit / CIPC affidavit. Bidders must also provide proof of ownership/shareholding (preferably CIPC documentation) with a shareholding breakdown, certified ID copies of shareholders, and proof of disability where applicable. A valid B-BBEE certificate or sworn affidavit is a condition for contract award. Bidders with annual total revenue of R10 million or less (Exempted Micro Enterprise) may submit a sworn affidavit; those with revenue of R50 million or less (Qualifying Small Enterprise) must comply with all QSE scorecard elements unless at least 51% black owned, in which case a sworn affidavit is required; those with revenue above R50 million must submit a valid B-BBEE certificate. Bidders must ensure sworn affidavits are completed fully and correctly, with all required fields and signatures (including the Commissioner of Oath) in accordance with the stated validity requirements.

Specific goals: a maximum of 10 or 20 points may be awarded for the specified specific goal, added to price points, and the total is rounded to two decimal places. B-BBEE status level determines points: Level 1 gets 10 (90/10 system) or 20 (80/20 system), Level 2 gets 9 or 18, Level 3 gets 6 or 14, Level 4 gets 5 or 12, Level 5 gets 4 or 8, Level 6 gets 3 or 6, Level 7 gets 2 or 4, Level 8 gets 1 or 2, non-compliant gets 0. Documentation required to claim preference points includes a valid B-BBEE certificate, sworn affidavit, or CIPC affidavit, proof of ownership/shareholding, certified ID copies, and proof of disability where applicable. Bidders failing to provide preference point documentation will not be disqualified; they may only score out of 90/80 for price and score zero out of 10/20 for specific goals.

Provision of vegetation management services at Port Rex Gas Turbine Station, for a duration of 60 months.

Sworn Affidavits must meet validity requirements: deponent names and ID as per ID document; designation of deponent as director, owner or member; enterprise name and business address as per CIPC registration; percentage of black ownership, black female ownership and designated group (no blank spaces); total revenue for the year under review and whether based on audited financial statements or management accounts; financial year end (day/month/year); a single B-BBEE status level; empowering supplier status for QSEs; identical signing dates by deponent and Commissioner of Oath; Commissioner of Oath cannot be an employee or ex officio of the enterprise.

Specific goals (B-BBEE status) carry a maximum of 10 points under the 90/10 system or 20 points under the 80/20 system. Points for the specific goal are added to price points and the contract is awarded to the highest total scorer per section 2(1)(f) of the PPPFA. B-BBEE points table: Level 1 = 10/20, Level 2 = 9/18, Level 3 = 6/14, Level 4 = 5/12, Level 5 = 4/8, Level 6 = 3/6, Level 7 = 2/4, Level 8 = 1/2, Non-compliant = 0/0. To claim preference points bidders must submit a valid B-BBEE certificate from a SANAS accredited agency, or a sworn/CIPC affidavit where applicable, plus proof of ownership/shareholding with breakdown, certified ID copies of shareholders, and proof of disability where applicable. Bidders who fail to provide the documentation are not disqualified but score only on price (out of 90/80) and 0 points for the specific goal. SDL&I objectives do not form part of scoring but commitments become contractual obligations.

Provision of vegetation management services at Port Rex Gas Turbine Station. Project duration is 60 months.

The tender response must be separated into local and imported components as per the Price Schedule included with the tender documents. Local procurement content is total spending minus the imported component.

The tender response must separate local and imported components as per the Price Schedule included with the tender documents. Local procurement content is total spending minus the imported component. Eskom will retain 1.5% of every invoice (excluding VAT) as security for fulfilment of SDL&I obligations, released only upon full fulfilment. A penalty of 1.5% of the Contract Value applies for failure to meet SDL&I obligations.

A valid B-BBEE certificate or Sworn Affidavit is a condition of contract award. Bidders with annual total revenue of R10 million or less qualify as Exempted Micro Enterprises and may submit a Sworn Affidavit; those with revenue of R50 million or less qualify as Qualifying Small Enterprises and must comply with the QSE scorecard unless at least 51% black-owned, in which case a Sworn Affidavit is required; those above R50 million must submit a valid B-BBEE certificate. B-BBEE improvement milestones are non-negotiable: bidders at Level 4 at award must achieve Level 3 by the end of the first year and improve one level each year thereafter; bidders at Levels 5-8 or non-compliant must achieve Level 4 by the end of the first year and improve at least one level each year from the second year. A B-BBEE Improvement or Retention Plan must be submitted within 30 days of signing the contract. Sworn Affidavits must meet validity requirements including deponent details, designation, enterprise registration details, ownership percentages, total revenue, financial year end, B-BBEE status level, empowering supplier status, and identical signing dates by deponent and Commissioner of Oath (who cannot be an employee or ex officio of the enterprise).

Eskom will apply a penalty of 1.5% of the Contract Value for failure to meet SDL&I obligations. Eskom will retain 1.5% of every invoice (excluding VAT) as security for fulfilment of all SDL&I obligations; the retained amounts are released only upon full fulfilment of those obligations.

SDL&I objectives in line with RDP goals: (1) Transformation - B-BBEE Improvement or Retention Plan: bidders must maintain (if Level 1) or improve/maintain their B-BBEE status over the contract period. Level 4 bidders must achieve Level 3 by end of first year and improve one level each year thereafter; Levels 5-8 or non-compliant must achieve Level 4 by end of first year and improve at least one level each year from the second year. The B-BBEE Improvement Plan is an essential document to be submitted within 30 days of signing the contract. (2) Local Procurement Content: target is 100%; local vs imported components must be separated per the Price Schedule. (3) Procurement spend on entities with minimum 51% black ownership: targets are 4.0% for Black Owned enterprises and 1.0% for Black Persons with Disability, covering indirect expenses and direct subcontractor spend; proposals must be submitted in the provided tables. (4) Jobs: bidders must propose the type and number of jobs to be created and retained in South Africa as a direct result of the contract.

A maximum of 10/20 points may be awarded for the specific goal (B-BBEE status). Points for the specific goal are added to price points and the contract is awarded to the highest total scorer. Bidders failing to provide documentation for preference points are not disqualified but may only score out of 90/80 for price and score 0 points out of 10/20 for specific goals.

{"closingDate":"9 May 2025","briefingSession":"{"date":null,"time":null,"venue":"any designated area. Eskom reserves the right to conduct screening","is_compulsory":false}"}

{"name":null,"email":null,"phone":null,"department":"Employees","address":null}

No specific eligibility criteria (e.g., CSD registration, B-BBEE level, CIDB grading) are stated in the available document. Bidders must comply with Eskom's substance abuse policy as a condition of working on site.

Eskom is committed to protecting the safety, health, and well-being of all employees and others in

the workplace. To this end, Eskom has adopted an Occupational Health and Safety (OHS) Strategy

and the Zero Harm value.

Eskom acknowledges that substance abuse poses a threat to the business and is therefore, entitled

to take reasonable steps to ensure that persons who are intoxicated and/or under the influence of

any substances are identified and prevented from entering or working on any Eskom premises and/or

operating any of Eskom’s equipment or vehicles. Substance abuse has serious implications for

employees’ health and safety.

2 Supporting clauses

2.1 Scope

2.1.1 Purpose

The purpose of this procedure is to set out the process for the management of substance abuse in

Eskom to achieve the following:

a) Comply with the relevant statutory requirements.

b) Provide a healthy and safe working environment.

c) Identify, control and prevent substance abuse in the workplace.

d) Prevent and reduce losses and incidents and improve productivity.

e) Identify a need for rehabilitation and offer employee assistance.

f) Prevent the abuse of intoxicating substances.

g) Encourage employees to live a healthy lifestyle that is free of substance abuse.

2.1.2 Applicability

a) This document shall apply throughout Eskom Holdings Limited Divisions.

b) This procedure applies to any person (Eskom employees, contractors and their employees,

consultants, and visitors) while on duty or reporting for duty at any Eskom premises or an Eskom

work site or on Eskom business or just visiting. Line managers must ensure that all consultants

and contractors adhere to the requirements of applicable statutes as set out in this document.

c) This procedure further applies to all employees who drive vehicles on Eskom business, operate

equipment or machinery, or perform any tasks on Eskom sites, premises, or workplaces.

2.1.3 Effective date

This procedure is effective from the date of authorisation.

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2.2 Normative/Informative references

Parties using this document shall apply the most recent edition of the documents listed in the

following paragraphs:

2.2.1 Normative

[1] ISO 9001 Quality Management Systems

[2] Employment Conditions for Managerial Levels

[3] Conditions of Service for Bargaining Unit Employees

[4] 32-1114: Grievance Procedure

[5] 32-727: Safety, Health, Environment and Quality Policy

[6] 32-1113: Disciplinary Procedure

[7] 32-1112: Disciplinary Code Standard

[8] 240-62196227 Eskom Life-Saving Rules

[9] 32-1250 Process Control Manual for Level 4 Health and Wellness

[10] 32-95 Occupational Health and Safety Incident Management Procedure

[11] 240 – 76618189 Management of employees with substance abuse problems

[12] 240 – 62946386 Vehicle and Driver Safety Management Procedure

[13] 240-128157536 Talent Discovery Procedure

[14] 240-64454610 Alcohol Test Report

[15] 240-64455308 Drug Test Report

[16] 240-64454411 Alcohol Screening Register

[17] 240-64453117 Identification of alcohol abuse by observation

[18] 240-64453445 Identification of drug abuse by observation.

[19] 559-169475702 Appointment of a Substance Abuse Screener

[20] 240-91330262 Appointment of a Substance Abuse Tester

2.2.2 Informative

[21] Occupational Health and Safety Act , as amended

[22] Labour Relations Act , as amended

[23] Employment Equity Act , as amended

[24] Mine Health and Safety Act

[25] National Road Traffic Act

[26] Drugs and Drug Trafficking Act

[27] Compensation for Occupational Injuries and Diseases Act

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[28] Prevention and Treatment of Substance Abuse Act

[29] Code of Good Practice published in the Government Gazette 11405 on 15 February 2022. Vol

681 Number 46043.

2.3 Definitions

Definition Explanation

When a person no longer has control over what he/she is doing, taking, Addiction

or using. Addictions do not only include physical things that we

consume, such as drugs and alcohol, but may include virtually anything,

from abstract things, such as gambling or pornography, to seemingly

harmless products, such as chocolate. Addiction has a negative impact

on a person’s ability to conduct daily activities.

The concentration of alcohol in a person’s breath: milligrams per 1000 Breath alcohol

millilitres expressed as percentage BAC. concentration (BAC)

Determines how much alcohol is in a person’s breath by measuring the Breath alcohol test

amount of alcohol in the air when you breathe out (exhale).

The inspection of, and adjustment, where necessary, to the reading Calibration

displayed on a breath alcohol detector, so that the reading equals the

value of the alcohol concentration of an alcohol standard of known

concentration.

Someone with the knowledge, skills and practical training in screening Competency/Compete

and/or testing substance abuse in the workplace. nt person

Substance abuse testing is performed regularly on all employees, Compulsory testing

contractors, and consultants performing any tasks or driving vehicles.

A laboratory test is a medical procedure that involves testing a sample Confirmation

of blood, urine, tissues, body fluids, or other substances from the body. substance test

A task that, based on severity, frequency, probability, and potential to Critical task

cause serious loss, is identified by Eskom as being critical.

A social worker or psychologist working for or under contract to Eskom. EAP practitioner

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Definition Explanation

Employees This is any person who has entered into, or works under, a contract of

service, apprenticeship, or learnership with an employer, whether the

contract is explicit or implicit, oral or in writing, who receives or is entitled

to receive any remuneration and includes a case where such a person

is under the control, instruction, and supervision of his/her employer,

namely, the following as defined in the Talent Discovery Procedure:

a) Permanent employee, which includes the following:

• A full-time employee

• A part-time employee

b) Non-permanent employee, which includes the following:

• A temporary employment service employee

• A fixed-term contract employee

• A vacation student

• Third-party contractor employees

• A person under a learnership contract

c) A bursary holder while under the supervision and/or direction of an

employer.

Note 1: An employee only has one employer at any time. The employer

is the person with whom he/she is in a contractual relationship of

employment, even when he/she performs his/her contractual

obligations for another person.

Any person who employs or provides work for any person and Employer

remunerates that person, or expressly or tacitly undertakes to

remunerate him/her.

The collection and analysis of blood, urine, saliva or any other specimen Illegal or legal drugs or

from the body to evaluate for the presence of an illegal or legal controlled substance

drug/controlled substance using approved non-laboratory methods. screening test

These are legal drugs or medications that are prescribed by a medical Legal

practitioner and may be abused by the user. substances/medication

This abuse happens when the user does not adhere to the prescribed

dosage as indicated by the medical practitioner or pharmacist. When an

individual overuses or overconsumes lawful/prescribed medication,

he/she is “under the influence” of such a substance.

Unless the context dictates otherwise, it shall be construed as the Line manager

supervisor or the manager in a department or at a work site, whichever

may be applicable.

Unless the context dictates otherwise, it shall be construed to mean Occupational health

either an occupational health nursing practitioner or an occupational practitioner

medicine practitioner.

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Definition Explanation

Any employee or visitor as defined in this procedure. Person

As defined in the OHSA, it includes any building, vehicle, vessel, train, Premises/site

or aircraft in which a person performs work or any place where Eskom

business activity is carried out.

A urine test is done randomly on any employee who might have been Random multi-drug

chosen on a particular day. testing

A person with the necessary competency to conduct substance abuse Screener

screening and so appointed in terms of this procedure.

Determines the presence of alcohol in a person’s breath sample. Screening

Screening results are not required to be documented.

An analytic procedure to determine whether an employee may have a

prohibited concentration of alcohol in a breath specimen.

An officer appointed within Eskom as an employee or contractor for all Security Officer

security-related functions and who is responsible for the

protection/safeguarding of Eskom and its subsidiaries, assets,

personnel, and information.

The excessive use of a substance, especially alcohol or a drug, that Substance abuse

adversely alters the mind and physical coordination.

A form of testing that will detect the presence of drugs or alcohol in a

person’s body; this process uses some biological matter taken from an

Substance testing individual to determine the amount of illegal/controlled substance

present at the time of the test. (This can be breath, saliva, urine or

blood.)

A segment of work that requires a set of specific and distinct actions for Task

its completion.

A person with the necessary competency to conduct substance abuse Tester

testing and/or screening, and so appointed in terms of this procedure,

to conduct substance abuse testing and/or screening.

Under the influence/Intoxicated: the use of alcohol, drugs, and/or a Under the influence/

controlled substance to the extent that: intoxicated

a) the individual’s senses are in any way impaired by the consumption

or use of the aforesaid substances;

b) the individual is unable to perform in a safe, productive manner;

c) the individual’s alcohol/drug reading is positive at the time of testing

in line with Eskom’s Life-Saving Rules; or

d) the individual is and/or appears to be under the influence of

alcohol/drugs, and/or his/her blood, urine, saliva, and/or breath alcohol

concentration registers a positive reading.

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Definition Explanation

Any individual who has come to visit or spend time at Eskom for any Visitor

purpose.

Any premises or place where an employee is authorised to perform Workplace

work during his/her employment, including a private home or portion of

it.

On Eskom property, the boundaries of the workplace include the area Workplace boundaries

where a person enters through any defined first point of entry, for

example, entrance, gate, boom, etc. The actual point of entry/exit will

be the point where Eskom actively exercises control over such site,

entrance/exit area, gate, or boom.

In the case of a lease agreement, the first access point where a person

enters through any defined first point of entry, for example, entrance,

gate, boom, etc., will be regarded as the boundary of the leased

premises.

In the absence of the above, any area up to the point where the

employee’s actual workplace boundary will be where the employee

enters or leaves his/her vehicle or public transport.

2.4 Abbreviations

Abbreviation Explanation

BAC Breath Alcohol Concentration

CCF Central Consultative Forum

COS Conditions of Service

EAP Employee Assistance Programme

OHP Occupational Health Practitioner

OHSA Occupational Health and Safety Act

SHEQ Safety, Health, Environment, and Quality

UN Unique Number

SHEQS Safety, Health, Environment, Quality, and Security

TES Temporary Employed Staff

SHE Safety, Health and Environment

2.5 Roles and responsibilities

2.5.1 Line management

Line management:

a) shall be responsible for the implementation of the procedure in their area of responsibility;

b) shall carry the cost of substance abuse testing;

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c) shall provide fair and consistent treatment in the screening and testing of persons for substance

abuse;

d) shall ensure that testers and screeners have the necessary competency on how to conduct

substance abuse testing and/or screening, are trained to use the testing and/or screening

instrument and supporting equipment, in accordance with the Management of Substance Abuse

in the Workplace Procedure (32-37) criteria and have been formally appointed as either a tester

or screener. Refresher training must be conducted every two years.

e) shall ensure that all testing and/or screening equipment which the tester or screener uses in the

course of testing and screening for substance abuse is calibrated and maintained in accordance

with the manufacturer’s specifications, including general checks, e.g. condition, battery status,

etc..

f) on an ad hoc basis, by way of conducting job observations, for example, shall monitor the work

of alcohol screeners and testers, ensuring they follow the proper procedures and maintain

professional standards;

g) shall ensure an adequate supply of testing and screening equipment required per site or business

unit;

h) shall, where possible, ensure that contractors, consultants, and visitors (within his/her area of

operation) are made aware of the procedure;

i) shall ensure that a maintenance and calibration register is maintained for all equipment used for

testing and screening;

j) shall ensure that persons under the influence or intoxicated are not permitted access to work

sites or are removed from their work environments and safely transported to their place of

residence;

k) shall ensure that processes required for the various methods for the identification of persons

under the influence or intoxicated are implemented in accordance with the procedures as

directed by the business unit SHEQS/Safety risk managers or OHS representatives;

l) shall ensure that the drug and alcohol test register is correctly completed and available for the

division/business unit SHEQS/safety risk manager/line manager when requested by him/her.

m) if a person reports any potential impact on his/her capability to perform work safely due to the

consumption of medicinal substances, the line manager shall refer the employee to the OHP to

ensure that a fitness-for-duty assessment is performed;

n) shall ensure that employees voluntarily requesting help relating to any form of substance abuse

are referred to an EAP and/or OHP for assistance in line with Procedure 240 – 76618189:

Management of employees with substance abuse problems and monitoring the progress of any

referred employees to support where necessary/required.

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2.5.2 The occupational health practitioner (OHP)

a) Assists managers and security personnel with the referral process and laboratory request forms

for employees under the influence of a substance, including information about the nearest

laboratory and the required laboratory forms.

NB! A confirmation substance test should only be conducted where the screening results are

disputed by the employee or the employee’s union representative. However, remember that Eskom

has zero tolerance for being under the influence of substances in the workplace.

i. The specimen should be conducted at the laboratory to avoid further disputes.

ii. There is no need to refer a person under the influence to the medical centre for a fitness-for-duty

assessment because such an employee is not allowed to enter Eskom premises. Medical centres

are inside Eskom premises, and a person who is under the influence, as identified through

behavioural observation and a positive screening test, is a risk to OHNPs.

b) Assist the employee with substance abuse problems in line with Procedure 240 – 76618189:

Management of employees with substance abuse problems.

c) Maintain the medical records of the employees who have declared they are on medication.

2.5.3 EAP practitioners

EAP is available to employees with substance abuse problems.

The EAP practitioner shall:

a) assist the employee who has substance abuse problems in line with Procedure 240 – 76618189:

Management of employees with substance abuse problems;

b) inform the line manager where the employee has been formally referred;

c) receive feedback and progress from the external service provider or institution where the

employee is receiving treatment; and

d) monitor and evaluate the treatment intervention and provide a progress report, where required;

e) arrange aftercare service for the employee to facilitate a smooth reintegration following

institutionalisation, if there is a need to do so; and

f) educate/advise managers and supervisors on how to manage and/or refer employees with

substance abuse problems.

2.5.4 Divisional/Business Unit SHEQS/Safety risk managers

The SHEQS/Safety risk manager shall be responsible for:

a) keeping copies of BU test registers and calibration certificates;

b) monitoring compliance with this procedure;

c) consolidating site test results and providing feedback to line managers and supervisors;

d) analysing and presenting the test results to the relevant forums;

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e) assisting line management with testing protocols, where necessary.

2.5.5 Security management

The security officers shall:

a) assist line management in carrying out daily and/or random alcohol screening and/or breath

alcohol testing;

b) ensure that testing will be done at points/locations best suited to enable confidentiality and non-

disruption of traffic and/or services; and

c) inform line management of the test results in their area of responsibility.

2.5.6 Employees

a) Employees who are identified through the organisational screening and testing procedures for

substance abuse or who know that they have a problem are encouraged to seek assistance from

the EAP advisors.

b) If a person consumes any substances/medication (prescribed or not) likely to impair his/her

faculties/judgement or ability to perform work safely, he/she shall inform the OHP and/or line

manager accordingly.

2.5.7 Testers

a) Only commence testing or screening in accordance with Eskom’s Management of Substance

Abuse in the Workplace Procedure (32-37) once they have the necessary competence to do so,

have been trained to use the testing or screening instrument and supporting equipment, and are

appointed as a tester.

b) Before conducting any testing and/or screening, ensure that the instrument or any other

equipment to be used has been calibrated in accordance with the manufacturer’s specifications,

including general checks, e.g. condition, battery status, etc.

c) If a person is under the influence, the tester shall immediately report the test results to the

person’s manager and/or occupational health practitioner.

d) Maintain the test register of the test instrument.

e) On a monthly basis, forward to the SHEQS manager/safety risk manager, the test register of

each instrument and a copy of the test register shall be kept by the tester on file.

2.5.8 Screeners

a) Only commence screening in accordance with Eskom’s Management of Substance Abuse in the

Workplace Procedure (32-37) once they have the necessary competence to do so, have been

trained to use the screening instrument and supporting equipment, and are appointed as a

screener.

b) Only use a substance abuse screening instrument or supporting equipment with a valid

calibration certificate.

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c) Only conduct screening in the area(s) assigned to the screener.

d) If a screening reflects a positive result, the screener shall immediately report the screening result

to an appointed substance abuse tester.

2.6 Process for monitoring

Compliance with this procedure will be monitored through the BU internal audit processes.

2.7 Related/Supporting documents

[1] 32-37 Management of Substance Abuse in the Workplace Rev 4

[2] 559-169475702 Appointment of a Substance Abuse Screener

[3] 240-91330262 Appointment of a Substance Abuse Tester

3 Substance Abuse Procedure

3.1 The rules concerning Eskom employees, contractors, consultants, and visitors are as

follows:

a) A person shall not be allowed access to the Eskom workplace for duty or continue with his/her

duties if he/she is under the influence or intoxicated.

b) A person shall not consume alcohol or drugs/controlled substances (unless prescribed) while on

Eskom premises or while on Eskom business.

c) A person shall not engage in any improper or unlawful activity related to alcohol or

drugs/controlled substances while on Eskom’s premises or while on Eskom business.

d) A person shall not permit another person to consume or engage in any improper or unlawful

activity related to alcohol or drugs/controlled substances while on Eskom premises or while on

Eskom business.

e) A person may not permit another person to work if it is suspected that the other person is under

the influence or intoxicated.

f) A person shall not bring, sell, and/or store alcohol or drugs/controlled substances while on Eskom

premises or Eskom business unless authorised by Eskom.

g) If a person is using a legal substance/medication (prescribed or not) that is likely to impair his/her

faculties/judgement or ability to perform work safely, that person is obligated to inform the line

manager for referral to the OHP to ensure that a fitness-for-duty assessment is performed.

h) Persons shall comply with requests to undergo random or specific substance or alcohol

screening or testing. Refusal to comply with such a request may result in an adverse inference

being drawn that the person is under the influence or intoxicated.

i) Where substance or alcohol testing is being conducted at a unit/department, the testing shall

take precedence over all other planned activities.

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j) No person is permitted to leave the confines of the unit/department without the express

permission of the supervisor, manager, or their delegated stand-in in consultation with the tester,

while testing is being conducted.

k) Adverse inference shall be drawn against a person if he/she leaves the confines of the

unit/department without express permission and may lead to disciplinary action being considered

against the person.

l) EAP services will not be a substitution for discipline or the management of misconduct where an

employee has been found under the influence of alcohol or drugs.

NOTE: Alcohol testing of customers falls outside the ambit of what is permissible for members of the

public who enter Eskom sites. Customers will not be subjected to screening and testing.

However, they may be refused access to Eskom premises should there be a suspicion that

the person is or may be under the influence of alcohol or drugs, for the safety of other

customers and Eskom personnel.

3.2 Management of persons under the Influence of any substance

a) Screening may be done at any time by an appointed tester or screener at the designated area

on any Eskom premises/site. If a person is found positive in terms of the screening process,

he/she will be sent immediately for a test (with reading). NB: The screening and testing process

uses two different instruments. If at a location where there is no handheld testing unit, a second

screening device can be utilised to do the first and second confirmation tests, after which an

informed decision can be made.

b) If the person tests positive, a second test is done immediately after 30 minutes have elapsed. If

the second test result is anything above 0.000mg per 1000ml, the person will be regarded as

being under the influence.

c) If the test result is above the legal limit (0.24mg per 1,000ml – breath alcohol concentration),

he/she will have to get someone to come and fetch him/her at work, or the person will have to

stay in a designated location until the BAC levels are below the legal limit, at which point he/she

will be allowed to drive home.

d) No person under the influence or intoxicated will be permitted to enter or remain on Eskom

premises or in control of an Eskom vehicle/equipment.

e) If a person is identified as being under the influence or intoxicated, the tester shall inform the

person’s line manager or any other line manager on site in the absence of the person’s line

manager.

f) The line manager (or his/her delegate) of any person under the influence shall ensure that the

person is safely transported to their residence and instructed to report for duty at the

commencement of the next working shift. If the person’s line manager is not on site, any other

line manager shall ensure that the person who is under the influence or intoxicated leaves the

work site and is safely transported to their residence.

g) Employees will not be remunerated for the period not worked as a result of being under the

influence. Contractor management and consultants are encouraged to adopt a similar stance

regarding their employees.

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h) Whenever an Eskom employee tests positive, he/she will be subjected to disciplinary action in

line with Eskom’s Disciplinary Procedure for the contravention of a Life-Saving Rule.

i) When a contractor or visitor presents a positive result, his/her manager or organisation will be

required to make the necessary transport arrangements when they are notified of the result.

3.3 Identification of persons who are under the influence/intoxicated

3.3.1 Breath alcohol screening: process to perform alcohol screening at Eskom sites or

contractor sites

This is the preferred method to indicate whether a person is under the influence of alcohol.

This process establishes the steps to be followed in implementing the Eskom alcohol screening

requirements, including:

• how alcohol screening will be conducted;

• the actions to be followed in response to alcohol screening, including immediate responses

and follow-up actions; and

• how the matter of confidentiality will be dealt with.

Note: Should there be any questions or uncertainty regarding the maintenance/testing/usage or

calibration of equipment, please refer to the manufacturer’s specifications and guidance.

3.3.1.1 Selection process for screening

(a) Timing

Alcohol screening will typically be undertaken at the start of the working day, start of shifts, following

breaks, during site visits and at any designated area. Eskom reserves the right to conduct screening

at any time during the working day/shift period. Screening may also be undertaken after hours, during

weekends, or on public holidays.

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(b) Candidate selection

All Eskom employees, contractors, and/or visitors to an Eskom or contractor site could be subjected

to alcohol screening when arriving at the workplace. Candidates entering sites/offices as pedestrians

could be required to undertake alcohol screening in public. All candidates entering the workplace in

a vehicle could be tested while in the vehicle.

Candidates with a positive reading will not be allowed to enter the workplace. He/she will be

requested to proceed to a dedicated testing area to undertake a confirmation alcohol test, as

specified in this procedure.

3.3.1.2 Procedure for alcohol screening

a) All alcohol screening will be done by people trained and appointed to operate the handheld

screening equipment. The screening equipment will be calibrated and maintained as per the

manufacturer’s specifications.

b) The person being screened must supply an air sample from his/her lungs directed into an

approved breath analysis instrument (mobile hand unit). The sample shall be sufficient to obtain

a valid reading on the instrument.

c) If the instrument indicates a positive result, the testing process will be immediately implemented

by way of a confirmation alcohol test. (see paragraph 3.5.1)

3.3.1.3 Identification of alcohol abuse by observation

This method of identification shall be followed with all persons while on Eskom premises who are

unable to provide an adequate breath sample if the necessary test instrument to measure alcohol is

not available, or who are behaving erratically or demonstrating erratic behaviour. The checklist for

identifying alcohol abuse by observation, Unique Identifier: 240-64453117 shall be completed during

observation.

The following evidence regarding the person’s appearance and/or conduct may provide reasonable

and sufficient grounds to believe that the person is under the influence or intoxicated:

a) Slurred speech

b) Unintelligible speech

c) Unsteady gait

d) Abusive language

e) Unsteady on feet

f) Smell of alcohol/drugs

g) Aggressive behaviour

h) Bloodshot/glazed eyes

i) General appearance

j) State of alertness/falling asleep

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k) Vomiting

l) Inability to carry out simple instructions/tasks that he/she can generally do.

NOTE: For detection purposes, both procedures (breath alcohol screening or testing and

identification of alcohol abuse by observation) do not have to be carried out; one is sufficient.

3.3.2 Drug screening: process to perform drug screening at Eskom sites or contractor

sites

a) Drug screening is typically conducted by way of the observation process. If someone is

suspected to be under the influence of drugs, based on the observation process, he or she will

be tested according to the requirements specified in this document.

b) The line manager shall initiate testing and arrange for an appointed tester to conduct it in a

designated area.

c) The tester shall make the necessary arrangements for the test and obtain the person’s express

consent verbally or, where required, in writing.

3.3.2.1 Identification of drug abuse by observation

In addition to being used as a screening tool, this method of identification shall be followed with all

persons while on Eskom premises who are unable to provide an adequate saliva/urine sample or if

the necessary testing equipment or instrument to measure drug usage is not available. The checklist

for identifying drug abuse by observation, Unique Identifier: 240-64453445, shall be completed

during observation.

This technique also needs to be applied when an employee’s screening result is positive, and the

line manager is awaiting the confirmation of substance test results. This will determine whether the

employee should be allowed to perform his/her duties.

The following evidence regarding the person’s appearance and/or conduct may provide reasonable

and sufficient grounds to indicate that the person is under the influence of drugs:

a) Slurred speech

b) Runny nose

c) Profuse sweating

d) Lack of facial expression or animation

e) Strange gait

f) Poor muscle control

g) Aggressive behaviour

h) Bloodshot eyes

i) Sleepy eyes

j) Uncontrollable moods

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k) Unnatural thirst or hunger

l) Dry mouth

m) Stains on hands

n) Needle prick scars on open or visible skin

o) Talkative or giggling

3.4 Substance abuse testing

3.4.1 Testing requirements

a) All testing for substance abuse in terms of this procedure shall be done in accordance with the

applicable legislation.

b) Testing will be done at points/locations best suited to enable confidentiality and non-disruption

of traffic and/or services; and

c) Any testing shall be done with due cognisance of and consideration for privacy.

3.4.2 Pre-placement testing

Pre-employment substance abuse testing will be applicable where freedom from substance abuse

and/or dependency has been identified as an inherent job requirement, or the person performs a

critical task and where the law allows such testing (Occupational Health and Safety Act

and Employment Equity Act ).

The test information shall be confidential between the applicant for employment and the occupational

health practitioners.

3.4.3 Compulsory testing

All persons entering Eskom premises and/or required to perform any tasks or to drive vehicles may

be required to undertake a drug and/or breath alcohol test before commencing their duties and,

where necessary, on a periodic or random basis.

The tester shall be responsible for ensuring that the person is tested in accordance with the testing

procedures. If a person is found to be under the influence, the tester shall immediately report the

test results to the person’s manager.

3.4.4 Post-accident, near miss or incident

In all cases of accidents, near misses, or incidents, the injured person and/or the persons who were

involved in the accident, near miss, or incident may be required, where circumstances permit, to

undergo a breath alcohol or other substance test. Testing shall be following the identified procedures

set out in this document.

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3.4.5 Reasonable suspicion

When a person appears to be under the influence of alcohol or other substances, the person who

has observed this shall report it to the person’s immediate line manager or another line manager if

the immediate line manager is not available. If the line manager confirms the suspicion, the person

shall be tested in accordance with the identified procedures set out in this document.

3.4.6 Ad hoc screening/testing

Persons may, where necessary, be screened/tested randomly, in a non-discriminatory manner,

following the respective procedures for testing as outlined in this document.

3.4.7 Return to work

a) Any employee undergoing rehabilitation may be required to undergo regular screening/testing.

The nature and frequency of the screening/testing will be determined by the person’s counsellor

and/or an occupational health practitioner.

b) The tester shall be responsible for ensuring that the person is tested in accordance with such

requirements.

c) If an employee is found to be under the influence, the employee’s line manager shall

immediately report the test results to the person’s counsellor or an occupational health

practitioner.

3.4.8 Follow-up testing

a) Any person who has been disciplined for being under the influence or who has been disciplined

in terms of this procedure may be required to undergo a regular urine or saliva drug and/or

breath alcohol test for a specified period. Such period shall be clearly stated under “corrective

measures” on the disciplinary report form.

b) The tester shall be responsible for ensuring that the person is tested following the agreed-upon

requirements.

c) The tester shall immediately report the test results to the person’s manager if the person is

under the influence. Further disciplinary action may be taken against the person.

3.5 Testing procedure

3.5.1 Alcohol testing process

a) Should the confirmation alcohol test reflect a positive result, a second confirmation test must be

conducted 30 minutes after the first confirmation test. Both confirmation tests will be conducted

using a calibrated handheld testing unit and performed by a trained and appointed tester

according to the requirements specified in this procedure.

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b) The person being tested must refrain from taking any fluid or substance during the waiting period;

this includes smoking. Should the person need to take anything (to control diabetes, for example)

within the 30-minute waiting period, it must be declared upfront.

c) If an employee reflects a positive screening result at a location with no handheld testing unit, the

employee’s supervisor must arrange for him/her to be transported to a site with the appropriate

equipment to conduct the confirmation testing if it is within a 30-minute driving distance. Should

this option not be available, a second screening device can be utilised to do the first and second

confirmation tests, after which an informed decision can be made.

d) If any confirmation test result reflects a negative result, the person may return to his/her normal

duties. No further action will be required.

e) If the second confirmation test result is above 0.000 mg/1000 ml BAC, a positive result will be

recorded. The tester will notify the employee’s supervisor, who will commence the actions

outlined in the procedure.

3.5.1.1 Equipment requirements: Breathalyser screening or testing instruments

Shall meet the following requirements:

a) Shall be portable.

b) Shall have a minimum measuring range of 0 to 1.50 mg/L or 0.000 to 0.300% BAC.

c) Should be able to operate in the following conditions:

i) Temperature: -5 to +40oC.

ii) Pressure: 600 to 1 300 mbar.

iii) Humidity: 20 to 95% RH.

d) Shall comply with the specification requirements stipulated by recognised international standards

laboratories.

e) It should be ready to do the test within 30 seconds after switching on. If the reading is below 0.19

mg/L, it should be ready for the next test within 30 seconds.

f) Shall reflect the breath alcohol concentration (BAC) level.

g) Shall perform at least 500 tests from an alkaline (battery) power supply.

h) The sensor shall use an electrochemical fuel cell specific to ethanol and shall not respond to

other substances normally found in the breath.

i) Shall be simple to use, and its operational procedure shall be automatic and fail-safe.

j) Shall be microprocessor-controlled to ensure repeatability.

k) The automatic sampling procedure shall be capable of being overridden and operated manually

in the case of uncooperative subjects or those with weak exhalation.

l) Shall indicate that it is operational and when it is ready to perform a test.

m) Shall produce an audible beep to indicate an adequate breath sample.

n) Should indicate an incomplete breath sample.

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o) Internal instrument calibration shall be simple, with the option to be externally calibrated at a local

calibration laboratory.

p) It should not be possible for an unauthorised person to change the settings of the instrument.

q) Calibration personnel shall be trained and certified by the supplier.

r) All equipment used in Eskom while testing for substance abuse shall be calibrated in accordance

with the manufacturer’s prescription, not less than every six months, or as per minimum criteria

from manufacturer and/ or supplier specifications, even if the calibration check is within

acceptable limits, and a complete record of such calibration shall be kept in a dedicated register.

s) Under no circumstances shall an instrument that has not been calibrated within the specified

period be used.

t) The sensor should have a warranty period of at least 24 months.

u) Shall be well maintained according to manufacturer and/or supplier specifications, with internal

status checks to be done at a set frequency.

v) To be submitted for maintenance/repairs and/ or calibration, when determined to be faulty,

damaged or delivering invalid results.

w) To be stored in a safe and sound location, as per manufacturer and/or supplier specifications.

x) To be legibly marked with unique identification and registered accordingly on an equipment

register/ inventory.

y) To be for the sole use of the certified tester.

3.5.2 Drug testing process

a) The preferred method to establish whether a person is under the influence of drugs is the urine

sample test. Should a division/BU already use the saliva testing methodology, it will be allowed

to continue until an alternative/improved method is available or the procedure specifies different

requirements.

b) The testing method will be either a saliva or urine sample.

c) The tester shall complete and sign the drug test report (Unique Identifier: 240-64455308).

d) All drug testing and screening will be done by people trained and appointed to operate the testing

and screening equipment. The equipment (testing device or screening kit) will be maintained and

calibrated (as applicable) per the manufacturer’s specifications.

e) The person being tested or screened will be required to supply a saliva/urine sample. The sample

shall be sufficient to obtain a valid reading on the instrument.

f) If the urine sample indicates a positive result, it will be sent to a laboratory for analysis and

confirmation, ensuring no contamination in the process.

g) Should the confirmation drug test reflect a positive result, the necessary corrective measures will

need to be implemented.

Note: Should there be any questions or uncertainty regarding the maintenance/testing/usage or

calibration of equipment please refer to the manufacturer’s specification for guidance.

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3.5.2.1 Equipment requirements: Urine and saliva drug instruments

a) Shall be portable.

b) The sealed sampling/testing kits should be opened in the presence of the person to be tested

and used once only.

c) The test instrument shall cover a minimum of six different drug components, which are:

i. Amphetamine (AMP),

ii. Benzodiazepines (BZO),

iii. Cocaine (COC)

iv. Marijuana (THC),

v. Methamphetamine (MET),

vi. Opiate (OPI 2000).

d) It should be able to operate at a temperature of -5 to +40°C.

e) Shall comply with the specification requirements stipulated by recognised international standards

laboratories.

f) Should indicate an invalid urine or saliva sample.

g) Testers shall be trained and certified by the supplier.

h) All instruments used in Eskom to test for substance abuse shall be kept under the manufacturer’s

prescription.

i) Shall be well maintained according to manufacturer and/or supplier specifications, with internal

status checks to be done at a set frequency.

j) To be submitted for maintenance/repairs and/or calibration when determined to be faulty,

damaged or delivering invalid results.

k) To be stored in a safe and sound location, as per manufacturer and/ or supplier specifications.

l) To be legibly marked with unique identification and registered accordingly on an equipment

register/inventory.

m) To be for the sole use of the certified tester.

n) The same/similar calibration criteria should apply, as mentioned, for the above instrumentation.

3.5.3 Conducting the test and recording the results

The tester shall conduct the test and record the result following the procedure for testing as set out

in this document.

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3.5.4 Interpretation and feedback

a) The tester shall interpret the test results and explain them to the relevant line manager, including

specific reference to the presence of drugs in the sample.

b) If the line manager receives evidence of substance abuse in contravention of Eskom’s Life-

Saving Rules, a disciplinary process shall be instituted following Eskom’s Disciplinary Procedure.

3.6 Refusal to undergo testing or failure to provide an adequate testing sample

a) Cooperation with the testing process allows the person to prove compliance with the procedure.

b) A person who is suspected of being under the influence or who is selected for testing in terms of

this procedure and who refuses to undergo appropriate testing or who fails to provide an

adequate breath, urine, or saliva sample shall be removed from the work site immediately and

shall not be remunerated for the period not worked.

c) Refusal by a person to undergo a substance abuse test or to provide an adequate breath, urine,

or saliva sample may result in an adverse inference being drawn against the person’s version

and shall lead to a situation which may result in disciplinary action taken. In the case of a

contractor, such refusal may result in excluding that contractor from Eskom’s workplaces.

3.7 Procedure for call-out and standby persons

3.7.1 Call-out (not on standby)

a) A call-out (not on standby) for this procedure is where, without prior notice or arrangement, a

person is requested to report for duty outside of his/her normal hours of work.

b) A person must declare when he/she is called out, whether or not he/she has been drinking

alcohol or using any drugs or controlled substances since his/her last period of duty.

c) A person reporting for a call-out who is under the influence of alcohol, or drugs/controlled

substances will not be allowed to enter the site or perform any task.

3.7.2 Standby

a) Standby, for the purposes of this procedure, is when a person is paid a standby

allowance/premium to make his/her services available outside normal work hours over a pre-

agreed period (for example, a standby roster).

b) Persons shall not use alcohol, drugs, or controlled substances while on standby. In any event,

persons on standby shall ensure that they are not under the influence, as defined in this

procedure, at any time during the standby period.

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3.8 Disciplinary process

Being under the influence, consuming alcohol or drugs/controlled substances, and/or engaging in

improper or unlawful activity related to alcohol or drugs/controlled substances while on Eskom’s

premises or Eskom business constitutes serious misconduct, and a person will be subject to the

disciplinary process in terms of Eskom’s Disciplinary Procedure.

3.9 Rehabilitation for substance abuse (alcohol or any type of drugs)

a) When substance abuse has become a problem to the extent that an employee’s functioning is

impaired and he/she finds it difficult to carry out and perform his/her normal day-to-day work-

related duties, the employee may seek evaluation and rehabilitation.

b) Rehabilitation is among the best options in the treatment of substance abuse and addictions,

where an individual is admitted to an approved institution specialising in the treatment of such

for a set period.

c) Persons who voluntarily seek evaluation and rehabilitation before they are found to be under the

influence at work are assured that they will not be dismissed because they participated in a

rehabilitation programme, although they will not be exempt from disciplinary action arising from

other conduct.

d) Persons who did not voluntarily seek evaluation and rehabilitation and were found to be under

the influence at work will be subject to disciplinary action. Depending on the circumstances of

each case, such persons may be referred for substance abuse rehabilitation following such

misconduct.

e) All assistance is confidential, and it will not impact the person’s future at Eskom.

f) Eskom intends to assist, not punish, employees who voluntarily seek treatment and rehabilitation

before they are found to be under the influence at work. However, employees who only admit to

substance dependency at the time of the commission of misconduct or thereafter will be subject

to disciplinary action.

g) It is best to deal with the problem before it becomes a disciplinary matter.

3.9.1 Process to follow

a) Where the initiator is the employee, the employee should contact anyone in the health and

wellness team of professionals (for example, the Eskom medical practitioner, occupational health

nurse practitioner, employee assistance practitioner, or wellness practitioner) in his/her work

area.

b) Where the initiator is either a line manager, supervisor, or colleague, the reasons for referral

should be discussed with the employee concerned, and the employee should agree to the

referral. NOTE: This excludes TES employees, contractors and their employees, consultants,

and visitors.

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3.10 Confidentiality

When an employee voluntarily seeks treatment or is advised by the occupational health

practitioner/EAP practitioner that he/she requires treatment, all information will be treated

confidentially between the practitioner and the employee. When management refers an employee

for assessment or treatment, the employee’s medical details will remain confidential.

If, in the opinion of an occupational health practitioner, a situation arises where an employee could

endanger himself/herself and/or fellow workers, the employee’s manager shall be advised. The

employee’s manager shall also be advised if, in the opinion of an occupational health practitioner,

an employee is unfit to perform the task or tasks assigned to him/her.

NOTE: this excludes TES employees, contractors and their employees, consultants, and visitors.

4 Acceptance

This document has been seen and accepted by:

Name Designation

Miranda Moahlodi Senior Manager: Corporate Hygiene and Safety

Kerseri Pather General Manager: Risk and Sustainability Division

Risk and Sustainability Division Mancom

OHS Steering Committee

Human Resources Policies and Procedures Committee

Risk and Sustainability OHS Mancom

Penny Mkalipe Senior Manager: Human Resources, Health and Wellness

Nomsa Spaumer Senior Manager: Security

5 Revisions

Date Rev. Compiler Remarks

Christinah

December 2008 1 Revised and updated 32-37

Maphanga

Revised and updated to align

July 2014 2 Metse Mphelo with Eskom requirements and

the Life-Saving Rules Standard

Revised and updated with input

from FTHSRs, and more

direction was provided

May 2016 3 Alex Stramrood

regarding drug testing. Content

and changes shared at CCF

during August 2017

Revised and updated in line with

August 2023 4 Mike Townsend

the review date

Controlled disclosure

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

Management of Substance Abuse in the Workplace Unique Identifier: 32-37

Revision: 5

Page:

Date Rev. Compiler Remarks

Incorporation of a definition for

screener and tester and a

April 2025 5 Mike Townsend section under roles and

responsibilities for each of these

roles.

6 Development Team

The following people were involved in the development of this document:

• Dr Penny Mkalipe
• Dr Mmuso Ramantsi
• Duke Lebethe
• Hannes Botha
• Jayson Naicker
• Malesela Nyamane
• Sivendri Govender
• Christo Fourie
• Nomsa Spaumer
• Winile Madonsela
• Johan Botha

7 Acknowledgements

Risk and Sustainability OHS staff

Organised Labour at divisional level and CCF

Individuals across the divisions that, over a period of time, raised concerns and made suggestions

on how to improve the content of the procedure.

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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

Procedure

Title: Occupational Health and Safety Document Identifier: 32-95

Incident Management Procedure

Alternative Reference Not Applicable

Number:

Area of Applicability: Eskom Holdings SOC Ltd

Functional Area: Occupational Health and

Safety

Revision: 9

Total Pages: 30

Next Review Date: March 2027

Disclosure Controlled Disclosure

Classification:

Compiled by Functional Authorized by

Responsibility

p/p

Mthoko Zondi Miranda Moahlodi Kerseri Pather

Senior Advisor OHS Senior Manager–OHS General Manager

Sustainability Sustainability Sustainability

Systems Systems Systems

Date: 30 March 2021 Date: 30 March 2021 Date: 30 March 2021

File name: 32-95 - OHS Incident Management Pocedure - Rev 9 - 30 March 2021

Template ID: 32-4 (Rev 11) Document template (for procedures, manuals, standards, instructions, etc.

Formatted by: EDC_LM_17.03.2021

Unique Identifier: 32-95Occupational Health and Safety Incident

Management Procedure Revision: 9

Page:

Content

. Introduction .................................................................................................................................... 3

2. Supporting Clauses ....................................................................................................................... 3

2.1 Scope .................................................................................................................................... 3

2.1.1 Purpose...................................................................................................................... 3

2.1.2 Applicability ................................................................................................................ 3

2.1.3 Effective date ............................................................................................................. 4

2.2 Normative/Informative References ....................................................................................... 4

2.2.1 Normative .................................................................................................................. 4

2.2.2 Informative ................................................................................................................. 5

2.3 Definitions ............................................................................................................................. 5

2.4 Abbreviations ........................................................................................................................ 9

2.5 Roles and Responsibilities.................................................................................................. 10

2.6 Process for Monitoring ........................................................................................................ 10

2.7 Related/Supporting Documents .......................................................................................... 10

3. Occupational Health and Safety Incident Management Procedure ........................................... 10

3.1 Incident Identification .......................................................................................................... 11

3.2 Initiation and Execution of Emergency Response ............................................................. 11

3.3 Notification and Reporting .................................................................................................. 12

3.4 Incident Prioritisation .......................................................................................................... 14

3.5 Classification and Recording of Incidents .......................................................................... 15

3.6 Incident investigation .......................................................................................................... 17

3.7 Management of Corrective Actions (Safety Measures) ......................................................... 25

3.8 Incident close-out ................................................................................................................. 26

3.9 Incident Communication ....................................................................................................... 26

4. Guidance to chairpersons during disciplinary hearings related OHS incident management..... 27

5. Acceptance ................................................................................................................................. 29

6. Revisions ..................................................................................................................................... 29

7. Development Team ..................................................................................................................... 29

8. Acknowledgements ..................................................................................................................... 30

Controlled disclosure

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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

Unique Identifier: 32-95Occupational Health and Safety Incident

Management Procedure Revision: 9

Page:

Eskom’s SHEQ Policy sets out principles and rules that underpin the way in which Eskom

approaches occupational health and safety, the environment and quality.

Incident management is an integral function of risk management. The aims and objectives of

incident management are as follows:

a) Reduce risk and prevent any recurrence of incidents.

b) Ensure that incidents are managed effectively.

c) Ensure that incidents are classified and recorded accurately.

d) Ensure prompt and appropriate investigation.

e) Promote the proactive use and value of near-miss incident reporting.

f) Improve the quality of occupational health and safety by learning from incidents, including

near-misses.

g) Share incident information.

h) Report to internal and external stakeholders, as required.

i) Promote the analysis of trends, and review practices accordingly.

j) Involve and communicate information to all stakeholders.

Incident management is not a mechanism for assigning blame or monitoring staff performance, but

rather a way of identifying and addressing areas for improvement in order to reduce future risks.

Eskom is committed to Zero Harm as a value, this value forms an integral part of Eskom’s

operations.

2. Supporting Clauses

2.1 Scope

2.1.1 Purpose

This document describes the high-level intention and requirements for the effective management of

incidents that occur during the course of Eskom’s business that result in, or could result in, near

misses, property damage, injuries, occupational diseases/illnesses or fatalities.

2.1.2 Applicability

This document shall apply throughout Eskom Holdings SOC Ltd, its groups/ divisions, subsidiaries,

and entities in which Eskom has a controlling interest. Where Eskom does not have a controlling

interest, this procedure shall apply if no such similar document exists.

This document is applicable to Eskom employees, contractors (unless it is explicitly mentioned

otherwise in this document) and members of the public affected by activities of, or on behalf of,

Eskom.

For the purpose of Eskom benchmarking with other organisations, the applicable Responsible

Manager may use the relevant classification criteria required for such benchmarking process.

Controlled disclosure

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

Unique Identifier: 32-95Occupational Health and Safety Incident

Management Procedure Revision: 9

Page:

In the case where a site consists of multiple employers, this procedure must be complied with for

Eskom reporting purposes.

For the interpretation of requirements related to occupational health and safety incidents, this

document will supersede any other procedures and instructions. This procedure is supported by

sup[ported by Standard – “Occupational Health and Safety Incident Management Definitions and

Classification Parameters: 240-131838225”.

2.1.3 Effective date

The document is applicable as of 1 April 2021.

2.2 Normative/Informative References

Parties using this document shall apply the most recent edition of the documents listed in the

following paragraphs.

2.2.1 Normative

[1] 240-62582234: OHS Roles and Responsibilities and Statutory Appointments Standard.

[2] 32-727: Eskom, Safety, Health, Environment, and Quality Policy.

[3] 32-123: Eskom Emergency Planning Procedure.

[4] 32-124: Eskom Fire Risk Management Standard.

[5] 32-256: Emergency Response Procedure – Communications.

[6] 240-51122806: Process Control Manual (PCM) for Incident Management.

[7] 240-49308149: Process Control Manual (PCM) for Occupational Health and Safety

Management.

[8] Aviation Act, No. .

[9] Occupational Health and Safety Act, No. .

[10] Labour Relations Act, No. .

[11] Medicine and Related Substance Control Act, No. .

[12] Mine Health and Safety Act, No. .

[13] Compensation for Occupational Injuries and Diseases Act, No. .

[14] Basic Conditions of Employment Act, No. .

[15] National Health Act, No. .

[16] 240-62946386: Vehicle and Driver Safety Procedure.

[17] 240-84733329: Medical Surveillance Procedure.

[18] 32-425: Hearing Conservation Procedure.

[19] COIDA Occupational Disease 2 Form – as per COIDA.

[20] 240-131838225: Occupational Health and Safety Incident Management Definitions and

Classification Parameters.

[21] 240-58554227: Health & Safety Agreement.

Controlled disclosure

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

Unique Identifier: 32-95Occupational Health and Safety Incident

Management Procedure Revision: 9

Page:

2.2.2 Informative

[22] I240-47560170: Process Control Manual (PCM) for Quality Management.

[23] 240-51367318: Process Control Manual (PCM) for Assurance and Advisory Audits.

[24] 32-450: Safety and Occupational Hygiene Performance Management.

[25] ISO 9001 Quality Management Systems.

[26] ISO 45001 Occupational Health and Safety Management Systems.

[27] OHSAS 18001 Occupational Health and Safety Systems.

[28] EPM0060: Measurement Specification Document for Headcount.

[29] Criminal Procedures Act, No. .

[30] Electricity Act, No. .

[31] Explosives Act, No. .

[32] Inquest Act, No. .

[33] Law of Evidence Amendment Act, No. .

[34] National Road Traffic Act, No. .

[35] 240-75512977: Noise-Induced Hearing Loss Investigation Form.

[36] 240-75512947: Noise-Induced Hearing Loss Notification Form.

[37] 240-154786986: COVID-19 Investigation Form.

The list of legislation and documents for further information is not exhaustive and/or not limited to

the legislation and documents listed above.

2.3 Definitions

2.3.1 Accident: Any unplanned event, arising out of, and in the course of, an Eskom or

contractor employee’s employment and resulting in human injury, illness, or death of the

employee, as well as death of, or injury to, any member of the public or damage to property.

2.3.2 Fatality: an incident occurring at work, or arising out of, or in connection with, the activities

of persons at work, or in connection with the use of plant or machinery, o r direct or

indirect exposure to Eskom’s product or activities, in consequence of which, any person

(that is, employee, contractor, or member of the public) dies, regardless of the time

intervening between the injury and/or exposure to the date of death. The date of the

incident will reflect the date on which the incident occurred, irrespective of the date of

death.

Note: Incidents related to the death of a person (employee or contractor employee) while

at the workplace and on duty who dies as a consequence of any activity or cause not

directly related to the course and scope of the deceased’s employment (for example, death

from natural causes, etc.) will not be regarded as a work related incident.

Controlled disclosure

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

No specific requirements found

B-BBEE Minimum Level: 4

Vegetation Management for Acacia, Ankerlig and Palmiet Power Stations for a period of five years. The service includes vegetation management at these three Eskom power stations, with tasks such as grass cutting, weed control, alien vegetation control, pruning, firebreak maintenance, tree removal, and garden maintenance. Contract is for a five-year period.

{"name":null,"email":null,"phone":"011 803 3008","department":null,"address":"conditions of contract identified in"}

Returnable Documents: 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 and, This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and

The document does not specify pre-qualification criteria such as CSD registration, tax clearance, B-BBEE level, or CIDB grading. Bidders must be able to provide the required insurances, comply with the Occupational Health and Safety Act, and accept the contract terms including low service damages and liability limitations. The form of offer requires a CIDB registration number to be stated. Bidders must sign the Form of Offer and Acceptance and complete the Schedule of Deviations if any.

2 Name:

Job

Responsibilities:

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

Part c1 agreements and contract data of 66 c.1.2B Contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

CV's (and further key person's data including

CVs) are in .

A Priced contract with price list

11.2(12) The price list is in

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

Part c1 agreements and contract data of 66 c.1.2B Contract data part 2

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

Part 2: pricing data

TSC3 Option A

Document Title No of

reference pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list 6

Part c2 pricing data of 66 tsc3 option a

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

C2.1 Pricing assumptions: Option A

1. How work is priced and assessed for payment

Clause 11 in NEC3 Term Service Contract (TSC3) core clauses and Option A states:

Identified and 11

defined terms 11.2 (12) The Price List is the price list unless later changed in accordance with

this contract.

(17) The Price for Services Provided to Date is the total of

• the Price for each lump sum item in the Price List which the Contractor

has completed and

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

calculated by multiplying the quantity which the Contractor has

completed by the rate.

(19) The Prices are the amounts stated in the Price column of the Price List.

Where a quantity is stated for an item in the Price List, the Price is calculated

by multiplying the quantity by the rate.

This confirms that Option A is a priced contract where the Prices are derived from a list of items of service

which can be priced as lump sums or as expected quantities of service multiplied by a rate or a mix of both.

2. Function of the Price List

Clause 54.1 in Option A states: “Information in the Price List is not Service Information”. This confirms that

instructions to do work or how it is to be done are not included in the Price List but in the Service Information.

This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Service in accordance

with the Service Information”. Hence the Contractor does not Provide the Service in accordance with the Price

List. The Price List is only a pricing document.

3. Link to the Contractor’s plan

Clause 21.4 states “The Contractor provides information which shows how each item description on the

Price List relates to the operations on each plan which he submits for acceptance”. Hence when compiling

the price list, the tendering Contractor needs to develop his first clause 21.2 plan in such a way that

operations shown on it can be priced in the price list and result in a satisfactory cash flow in terms of clause

11.2(17).

4. Preparing the price list

Before preparing the price list, both the Employer and tendering Contractors should read the TSC3 Guidance

Notes pages 14 and 15. In an Option A contract, either Party may have entered items into the price list

either as a process of offer and acceptance (tendering) or by negotiation depending on the nature of the

service to be provided. Alternatively, the Employer, in his Instructions to Tenderers or in a Tender Schedule,

may have listed some items that he requires the Contractor to include in the price list to be prepared and

priced by him.

It is assumed that in preparing or finalising the price list the Contractor:

• 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;

Part c2 pricing data of 66 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

• 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 Prices.

• Understands there is no adjustment to items priced as lump sums if the amount, or quantity, of work

within that item later turns out to be different to that which the Contractor estimated at time of tender.

The only basis for a change to the (lump sum) Prices is as a result of a compensation event.

5. Format of the price list

(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.

If the Contractor is to be paid an amount for the item which is not adjusted if the quantity of work in the

item changes, the tendering Contractor enters the amount in the Price column only, the Unit, Expected

Quantity and Rate columns being left blank.

If the Contractor is to be paid an amount for an item of work which is the rate for the work multiplied by

the quantity completed, the tendering Contractor enters the rate which is then multiplied by the Expected

Quantity to produce the Price, which is also entered.

If the Contractor is to be paid a Price for an item proportional to the length of time for which a service is

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 of 66 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

C2.2 the price list

1. Acacia Pricelist

Item nr Description Unit Expected Rate Price

Quantity

per year

1 P & G's

1.1 Site establishment and de-establishment Sum 1

1.2 Safety File Sum 1

1.3 PPE once off Sum 1

1.4 Travelling Fee per month Month 12

1.5 Labour – Semi-Skilled Month 12

1.6 Labour - Supervisor Month 12

1.7 Safety Officer Fee Month 12

2 Routine Maintenance

Monthly lawn care - Lawn mowing, edging,

weeding plant beds, leaf & cutting removal,

including clean up and green waste Month

removal.

2.1 Across Area 1, 2 & 3, total footprint 8 140m2 12

Monthly Flower/Shrub bed maintenance

Month 2.2 Across Area 1, 2 & 3, total footprint 2 140m2 12

Monthly chemical weed and pest control on

curbs, paved areas, and grassed areas

Month across grounds (using approved herbicides)

2.3 Across Area 1, 2 & 3, total footprint 8 140m2 12

Quarterly Fertilisation and soil treatment

Quarter 2.4 Across Area 1, 2 & 3, total footprint 8 140m2 4

Quarterly Alien Vegetation Control –

eradication and removal Quarter

2.5 Across Area 1, 2 & 3, total footprint 8 140m2 4

Quarterly Pruning and shaping of shrubs –

Tree and plant pruning, low hanging branch

Quarter removal, and tree care

2.6 Across Area 1, 2 & 3, total footprint 2 140m2 4

Yearly supply of 1 indigenous tree for Service

2.7 annual Arbor Day celebration Cycle 1

Yearly supply and maintain topsoil and Service

2.8 mulch Cycle 1

Part c2 pricing data of 66 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

Across Area 1, 2 & 3, total footprint 8 140m2

Firebreak Maintenance - Perimeter

Firebreak & Safety Clearing cutting and

maintaining 200m x 5 m wide continuous

clear firebreak strip along outer perimeter

2.9 fence

Edgemead Ambient Air Quality

2.11. Monitoring Station (ERF31008)

Cut grass, remove clippings, clear growth

around monitoring instruments, and clear Service

2.11.1 weeds – Biannually across 360m2 footprint Cycle 2

Pruning/trimming trees or plants impacting

monitoring station site - Biannually across Service

2.11.2 360m2 footprint Cycle 2

3 Once off rate for ad-hoc service

Ad Hoc Tree removal (Stump included) as 2

3.1 Each

and when required

The total of the Prices

The total of the Prices for 5 Years

Part c2 pricing data of 66 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

2. Ankerlig Power Station Pricelist

Item nr Description Unit Expected Rate Price

Quantity

per year

1 P & G's

1.1 Site establishment and de-establishment Sum 1

1.2 Safety File Sum 1

1.3 PPE once off Sum 1

1.4 Travelling Fee per month Month 12

1.5 Labour – Semi-Skilled Month 12

1.6 Labour - Supervisor Month 12

1.7 Safety Officer Fee Month 12

2 Routine Maintenance

Declared Alien Vegetation Eradication

every February, August and November

2.1

Across Outside Station Footprint at 44

Ha

Scouting, hand-pulling, tree-popper alien Service

2.1.2. 3

plant removal Cycle

Cut-stump herbicide application for

Service

2.1.2. regrowth on older stumps across outside 3

Cycle

area

2.2 Weed Control Herbicide

Quarterly non-selective & pre-emergence

herbicide spraying on open areas, chip

2.2.1 Month 4

stone footprint & security fence –

Across Inner Areas Full Cover 40 ha

Continuous clear weed/vegetation control

strip spraying along security fence line,

2.2.2 Including dams Monthly 12

1m wide across 4000 meters

Yearly supply of 1 indigenous tree for Service

2.3 1

annual Arbor Day celebration Cycle

Full cleaning of internal roads, hard

surfaces and roadsides, culverts, tunnels,

2.4 drains etc. Including roadside litter Month 12

removal on outside station roadsides

Across 827 294m2 footprint

Garden Beds & Soft Landscaping

2.5

Maintenance

Maintain and develop beds Medium / Low Service

2.5.1 3

Impact Gardens 210 000m2 Cycle

Part c2 pricing data of 66 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

Monthly maintenance and development

2.5.2 Month 12

beds Medium – High impact of 30 950 m2

Annual application of fertilizer on High Service

2.5.3 1

Impact Garden beds of 30 950 m2 Cycle

Biannual mulching of High Impact Garden Service

2.5.4 2

beds with organic mulch of 30 950 m2 Cycle

Monthly irrigation system repairs and

2.5.5 Month 12

routine maintenance

Firebreak Maintenance & Boundary

2.6

Vegetation Clearing

Construct/maintain a 5-meter-wide

continuous fire break along perimeter of Service

2.6.1 3

the site including dumping at a registered Cycle

dumping site across 4 000 m

Maintain continuous 10-meter firebreak

Service

2.6.2 between Ankerlig and Mondi Plastic 3

Cycle

Containers (NE Side) 700 m

Fence line vegetation clearing – Red Zone Service

2.6.3 3

2 500 m length Cycle

Fence line vegetation clearing – Yellow Service

2.6.4 3

Zone 822 m length Cycle

Fence line vegetation clearing – Purple Service

2.6.5 3

Zone 606 m length Cycle

Fence line vegetation clearing – Blue Service

2.6.6 3

Zone 74 m length Cycle

Fence line vegetation clearing – Green Service

2.6.7 3

Zone 2 900 m length Cycle

3 Once off rate for ad-hoc service

Supply of Irrigation system for high impact

3.1

gardens 30 950 m2

3.2 Additional Cost markup % %

The total of the Prices

The total of the Prices for 5 Years

Part c2 pricing data of 66 c2.2 Option a price list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Vegetation management for acacia, ankerlig and palmiet power stations for a period of five years.

3. Palmiet Pricelist

Item nr Description Unit Expected Rate Price

Quantity

per year

1 P & G's

1.1 Site establishment and de-establishment Sum 1

1.2 Safety File Sum 1

1.3 PPE once off Sum 1

1.4 Travelling Fee per month Month 12

1.5 Labour – Semi-Skilled Month 12

1.6 Labour - Supervisor Month 12

1.7 Safety Officer Month 12

2 Routine Maintenance

Visitors Centre Grounds Maintenance

2.1

(Figure 8)

Bi-Weekly lawn care including

Service

2.1.1 maintenance, de-weeding, and organic