Building and infrastructure maintenance services at ingula pumped storage scheme (as-and-when-required, 5 years)

No eligibility criteria specified

Cell A3: Occupational Health and Safety Baseline risk assessment template

No specific requirements found

Provision of building and infrastructure

Maintenance

Contract dates stated in this document:

• Service period: five years (60 months) from and including the starting date (Contract Date).
• First plan for acceptance: due within two weeks after the Contract Date.
• Task Order programme: due within five Working Days of receiving the Task Order (or as stated in an Emergency Maintenance Task Order).
• Period for reply: one week, unless another period is stated in the Contract Data, Service Information, a Task Order or an instruction.
• Assessment date: the 25th day of each successive month, or the preceding Working Day when the 25th is not a Working Day.
• Payment due: four weeks after the assessment date.
• Forecasts of final total of the Prices: at intervals no longer than four weeks.
• B-BBEE status change notification: within seven days of the change; updated verification certificate within thirty days.
• Compensation event notification: within eight weeks of becoming aware of the event.
• Joint-venture key-person notification: within two weeks of the Contract Date.

Tender-level dates (closing date, briefing, site visit, clarification deadline) are not in this attachment.

Employer:

• Eskom Holdings SOC Ltd (Reg No. 2002/015527/30), registered office at Megawatt Park, Maxwell Drive, Sandton, Johannesburg.

Service Manager:

• Rowan Francis, 15 Pasita Street, Rosenberg, Durbanville, 7550.
• Email: [email protected].
• Telephone: to be confirmed.

NEC3 Term Service Contract document supplier:

• Engineering Contract Strategies, telephone 011 803 3008, fax 086 539 1902, www.ecs.co.za.

Adjudicator nominating body:

• ICE-SA Division of the South African Institution of Civil Engineering (www.ice-sa.org.za), or its successor body; failing agreement, the Arbitration Foundation of Southern Africa (AFSA).

This document is the contract template (NEC3 Term Service Contract, Attachment 4), not the tender submission instructions. The tender submission process, returnable forms list, and submission address are in other parts of the tender pack and are not present in this attachment.

Contract-form requirements visible in this document:

• Form of Offer and Acceptance (C1.1): must be signed by a duly authorised representative of the tenderer; the tenderer's CIDB registration number must be entered.
• Contract Data Part Two (C1.2b): completed by the tenderer with company details, direct and subcontracted fee percentages, key people, and price-list references.
• The tenderer offers to perform all obligations of the Contractor under the contract for an amount determined in accordance with the Contract Data.
• Within two weeks of receiving a completed copy of the agreement, the tenderer must contact the Employer's agent to arrange delivery of any securities, bonds, guarantees, proof of insurance and other documentation required by the contract; failure to do so constitutes repudiation of the agreement.

Scope of the service:

• Building and infrastructure maintenance services on an 'as and when required' basis at Eskom peaking sites for a period of five years.
• Includes planned, preventative, corrective, reactive and emergency maintenance instructed through Task Orders.

Affected Property (sites covered):

• Drakensberg Power Station.
• Ingula Pumped Storage Scheme.
• Gariep Power Station.
• Vanderkloof Power Station.
• Port Rex Power Station.
• Gourikwa Power Station.
• At each site: buildings, associated infrastructure, utilities, internal roads, paved areas, drainage, fencing, gates, support facilities and other Employer property identified in the Service Information or an issued Task Order.

Risk Register matters to be included:

• Emergency access and mobilisation.
• Concealed services and incomplete asset information.

Service Information location:

• Part C3: Scope of Work, C3.1 Employer's Service Information, including Annexure C3.1-E: Engineering Technical Scope and Requirements, and any drawings or documents incorporated by reference.

Price-list work categories (C2.2):

• A: Station-specific mobilisation (planned and emergency call-out) for each of the six sites.
• B: Planned maintenance — building cleaning, road and paved-area cleaning, silver coating of roofing, gutter and downpipe cleaning, stormwater and powerhouse drainage cleaning, catch-pit and culvert cleaning, Sewage Treatment Plant cleaning at Drakensberg.
• C: Roofing and waterproofing — investigation, waterproofing systems, sheet and tile replacement, flashing, screeding, penetration sealing, cladding, gutter and downpipe replacement, fascia and barge boards, coating systems, flood/penetration testing.
• D: Painting and coatings — internal and external surfaces, structural steel corrosion protection, doors, frames, gutters, downpipes, localised corrosion rehabilitation.
• E: Drakensberg crane infrastructure — condition assessment, clip and fastener replacement, rail alignment reinstatement, corrosion and concrete rehabilitation.
• F: Walls, masonry and concrete — plaster repair, brick and block repair, concrete repair, crack repair, retaining-wall repair, opening and penetration sealing, damp-proofing repair, structural assessment.
• G: Doors, windows and access — door repair and replacement, frame repair, ironmongery, emergency-exit mechanisms, roller-shutter servicing, glazing, blinds and tinting, weather seals, access-control components.
• H: Flooring and ceilings — tile, carpet, vinyl and timber repair, raised-access floor panels (including Drakensberg Control Room), suspended-ceiling repair, epoxy floor coatings, access ramps, anti-slip strips.
• I: Plumbing, water and sewer — fault finding, pipework repair, valve repair and replacement.

Service-level table and low-service-damages schedule:

• Annexure C3.1-A: Service Level Table and Low Service Damages Schedule (Option X17).

2 Name:

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 71 c.1.3 Proforma quarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

Job

Responsibilities:

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 Not applicable, tendered rates contained in C2.2

Part c1 agreements and contract data of 71 c.1.3 Proforma quarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites 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 4

C2.2 The price list 10

Part c2 pricing data of 71 tsc3 option a

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

C2.1 Pricing assumptions: Option A

How the service is priced

The contract uses main Option A: Priced contract with price list together with secondary Option X19: Task

Order.

The Price List in C2.2 is a schedule of tendered rates, lump sums and percentages used for pricing work

instructed through Task Orders and for the contract-level items expressly identified in the Price List.

No Employer quantities are stated in the Price List at tender stage. The Tenderer completes the applicable

Rate, Lump Sum or Fee fields in the Price List.

The inclusion of an item in the Price List does not constitute an instruction to carry out the work and does not

guarantee any minimum quantity, frequency, duration, number of Task Orders or value of work during the

service period.

Except for contract-level items expressly identified in the Price List, the Contractor is paid only for work

instructed through a Task Order and Provided in accordance with the Service Information and the applicable

Task Order.

Pricing of Task Orders

When a Task Order is prepared, the applicable work is priced using the tendered rates and percentages

contained in C2.2.

The priced list for a Task Order identifies, as applicable:

a. the relevant Price List item number and description;

b. the applicable unit;

c. the quantity, duration or other measurable unit applicable to the Task;

d. the applicable tendered rate; and

e. the resulting Price.

Where an applicable tendered rate exists, the Price for the item is calculated by multiplying the applicable

quantity or duration by the tendered rate.

Where an instructed item is not covered by an applicable tendered rate or Cost-Plus item, the item is priced

and assessed in accordance with Option X19 and the applicable provisions of the conditions of contract.

No work outside an issued Task Order is payable merely because a rate for that work appears in the Price

List.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

Function of the Price List

Information in the Price List is not Service Information.

The Contractor Provides the Service in accordance with:

a. the conditions of contract;

b. the Service Information;

c. Annexure C3.1-E: Engineering Technical Scope and Requirements;

d. the applicable drawings and technical information;

e. the Accepted Plan;

f. the accepted Task Order programme;

g. accepted quality and technical submissions; and

h. the applicable Task Order.

The descriptions in the Price List are pricing descriptions and do not prescribe the Contractor’s method,

sequence, number of personnel, resource allocation, Equipment, working-hour arrangements or

Subcontracting arrangements.

The Contractor determines the resources required to Provide the Service and remains responsible for

complying with all requirements of the contract.

Rates

Unless the Price List expressly states otherwise, each tendered rate includes everything necessary and

incidental to complete the item described in accordance with the contract, including, as applicable:

a. labour and employment-related costs;

b. normal supervision associated with carrying out the activity;

c. administration and coordination associated with the activity;

d. ordinary hand tools and Equipment normally required for the activity;

e. ordinary personal protective equipment;

f. ordinary consumables associated with the activity;

g. preparation, protection, housekeeping and ordinary reinstatement associated with the activity;

h. Task-specific Method Statements, Quality Control Plans and Inspection and Test Plans required for the

activity;

i. applicable inspections, testing, commissioning, records, certificates and warranties;

j. Contractor overheads; and

k. profit.

An item is not paid more than once.

Where a composite activity rate is used, the Contractor is not additionally paid for labour, supervision,

Equipment, travel, consumables, Plant and Materials or other resources already included in that activity rate

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

unless the applicable Task Order expressly identifies the resource as separately payable and the Price List

permits separate payment.

A cost which is included in one tendered rate is not recovered again through another Price List item, Cost-

Plus item, labour rate, Equipment rate, mobilisation item or other pricing mechanism

Separately payable labour, supervision and Equipment

Labour, management, supervision and Contractor’s Equipment rates stated in the Price List are used only

where the applicable resource is expressly identified as separately payable in the relevant Task Order.

These rates may be used for variable, additional or unforeseen work for which an appropriate composite

activity rate is not available.

A labour, supervision or Equipment rate is not separately payable where the applicable cost is already

included in a composite activity rate or another Price List item.

Labour rates are paid only for actual authorised productive time, or other time expressly identified as payable

in the Task Order, supported by the records required by the Service Information.

Normal supervision associated with carrying out an activity is included in the applicable activity or labour rate

unless the Task Order expressly identifies a dedicated supervisory, management, technical, health and

safety or quality resource as separately payable.

Contractor’s Equipment rates apply only where the Equipment is expressly identified as separately payable

in the Task Order.

Unless the applicable Price List item states otherwise, an Equipment rate includes the cost of providing,

operating, maintaining, inspecting and controlling the Equipment for the authorised period of use.

Ordinary hand tools and Equipment normally required by a person to carry out an activity are included in the

applicable activity or labour rate and are not separately payable

Travel, accommodation and subsistence

The station-specific mobilisation rate includes the travel and transport expressly stated under the

mobilisation-rate basis and is not paid again under another Price List item.

Accommodation and subsistence are separately payable only where:

a. applicable rates are stated in the Price List;

b. the relevant Task Order expressly identifies them as separately payable; and

c. the authorised number of persons and period are stated or subsequently accepted by the Service

Manager.

Accommodation and subsistence are not payable merely because the Contractor elects to deploy personnel

who reside away from the applicable Peaking site.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

Additional travel, accommodation, subsistence or mobilisation arising from the Contractor’s own resource

planning, replacement of personnel, procurement arrangements, correction of Defects, failure of Contractor’s

Equipment or failure to complete an instructed attendance is not separately payable.

A cost included in a mobilisation rate, activity rate, labour rate or other Price List item is not recovered again

as travel, accommodation or subsistence

Application of Cost-Plus items

A Cost-Plus item is used only where the required Plant and Materials, part, spare or specialist external

service:

a. is required for an instructed Task;

b. is not already included in an applicable tendered rate; and

c. has been accepted by the Service Manager for procurement under the applicable Cost-Plus item,

except where prior acceptance is impracticable due to an authorised Emergency Maintenance Task.

The applicable Direct Fee or Subcontracted Fee is applied to the accepted net cost excluding VAT and after

deduction of all discounts, rebates, credits and similar benefits.

No additional Fee, handling charge, procurement charge, administration charge or other markup is added to

a cost already subject to the applicable Direct Fee or Subcontracted Fee.

Labour, supervision, Contractor’s Equipment, mobilisation, travel, accommodation, subsistence or other

resources which are separately payable under another Price List item are not included again in the Cost-Plus

calculation.

A cost already included in another tendered rate is not recoverable again through a Cost-Plus item.

Price adjustment

Option X1 applies to the tendered rates, lump sums and other adjustable Prices in the Price List in

accordance with the Contract Data.

Option X1 does not apply to verified net supplier, Subcontractor or third-party costs reimbursed under a

Cost-Plus item because those costs are assessed using the accepted current net cost.

The tendered Direct Fee and Subcontracted Fee percentages applied to Cost-Plus items remain the

percentages tendered unless changed in accordance with the conditions of contract.

.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

C2.2 the price list

Tendered Rate /

Item Category Description Unit

Fee (R excl. VAT)

Contract Preparation and submission of the first overall service plan Lump

A1

requirements required by the Service Information. Sum

Contract Preparation and submission of the initial contract Quality Lump

A2

requirements Plan required by the Service Information. Sum

Initial contract health, safety and access documentation Per

Contract

A3 required before Providing the Service, including applicable Power

Qualifications:

Experience:

2 Name:

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 71 c.1.3 Proforma quarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Qualifications:

Experience:

CV's (and further key person's data including

CVs) are in .

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

incidental to complete the item described in accordance with the contract, including, as applicable:

a. labour and employment-related costs;

b. normal supervision associated with carrying out the activity;

c. administration and coordination associated with the activity;

d. ordinary hand tools and Equipment normally required for the activity;

e. ordinary personal protective equipment;

f. ordinary consumables associated with the activity;

g. preparation, protection, housekeeping and ordinary reinstatement associated with the activity;

h. Task-specific Method Statements, Quality Control Plans and Inspection and Test Plans required for the

activity;

i. applicable inspections, testing, commissioning, records, certificates and warranties;

j. Contractor overheads; and

k. profit.

C1 inspection report, photographic evidence where authorised, No.

waterproofing

root-cause assessment and proposed remedial measures.

Contents: No of

pages

Part C1 Agreements & Contract Data 17

Part C2 Pricing Data 14

Part C3 Scope of Work 35

CONTRACT No. [Insert at award stage]

Tsc3 of 71 cover page

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _________

Value Added Tax @ 15% is

The offered total of the amount due inclusive of VAT is1 Rates Based

(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.

11.2(12) The price list is in

11.2(19) The tendered total of the Prices is Not applicable, tendered rates contained in C2.2

Part c1 agreements and contract data of 71 c.1.3 Proforma quarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Part 2: pricing data

TSC3 Option A

reference pages

C2.1 Pricing assumptions: Option A 4

C2.2 The price list 10

Part c2 pricing data of 71 tsc3 option a

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

C2.1 Pricing assumptions: Option A

The Price List in C2.2 is a schedule of tendered rates, lump sums and percentages used for pricing work

instructed through Task Orders and for the contract-level items expressly identified in the Price List.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

a. the conditions of contract;

b. the Service Information;

c. Annexure C3.1-E: Engineering Technical Scope and Requirements;

d. the applicable drawings and technical information;

e. the Accepted Plan;

f. the accepted Task Order programme;

g. accepted quality and technical submissions; and

h. the applicable Task Order.

The descriptions in the Price List are pricing descriptions and do not prescribe the Contractor’s method,

sequence, number of personnel, resource allocation, Equipment, working-hour arrangements or

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Labour, management, supervision and Contractor’s Equipment rates stated in the Price List are used only

where the applicable resource is expressly identified as separately payable in the relevant Task Order.

a. applicable rates are stated in the Price List;

b. the relevant Task Order expressly identifies them as separately payable; and

c. the authorised number of persons and period are stated or subsequently accepted by the Service

who reside away from the applicable Peaking site.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Option X1 applies to the tendered rates, lump sums and other adjustable Prices in the Price List in

accordance with the Contract Data.

Option X1 does not apply to verified net supplier, Subcontractor or third-party costs reimbursed under a

percentages tendered unless changed in accordance with the conditions of contract.

.

Part c2 pricing data of 71 c2.1 Option a pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

A16 call-out

mobilisation – Station, including arrangements necessary to meet the

Part c2 pricing data of 71 c2.2 Option a pricing list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

C6 Screed roof slab to required falls or repair local roof screed. m2

waterproofing

C7 Roofing / Repair and seal roof penetration. No.

Part c2 pricing data of 71 c2.2 Option a pricing list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

E6 crane m3

deterioration.

infrastructure

F1 Walls / Repair damaged plaster, including preparation and m2

Part c2 pricing data of 71 c2.2 Option a pricing list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

I3 Repair or replace valve. No.

water / sewer

Part c2 pricing data of 71 c2.2 Option a pricing list

Contract form and pricing model:

• NEC3 Term Service Contract (TSC3) April 2013, Main Option A (Priced contract with price list) with secondary Option X19 (Task Order).
• Pricing is rates-based; no tendered total of the Prices is required at tender stage. The Price List in C2.2 is a schedule of tendered rates, lump sums and percentages used to price work instructed through Task Orders.
• No Employer quantities are stated at tender stage; the tenderer completes the applicable Rate, Lump Sum or Fee fields.
• Inclusion of an item in the Price List does not constitute an instruction to carry out the work and does not guarantee any minimum quantity, frequency, duration, number of Task Orders or value of work during the service period.
• The Contractor is paid only for work instructed through a Task Order and Provided in accordance with the Service Information and the applicable Task Order.
• Each tendered rate is deemed to include everything necessary and incidental to complete the item, including labour, supervision, administration, ordinary hand tools and Equipment, ordinary PPE, ordinary consumables, preparation and reinstatement, Task-specific Method Statements, Quality Control Plans and Inspection and Test Plans, applicable inspections, testing, commissioning, records, certificates and warranties, Contractor overheads and profit. An item is not paid more than once.
• Labour, supervision and Equipment rates are separately payable only where the Task Order expressly identifies the resource as separately payable and the Price List permits separate payment.
• Accommodation and subsistence are separately payable only where rates are stated in the Price List, the Task Order expressly identifies them as separately payable, and the authorised number of persons and period are stated or accepted by the Service Manager.
• Cost-Plus items apply to unforeseen work accepted by the Service Manager (or impracticable to pre-accept under an authorised Emergency Maintenance Task).

Currency, assessment and payment:

• Currency: South African Rand.
• VAT: 15%.
• Assessment interval: one month; assessment date the 25th day of each successive month (or preceding Working Day).
• Payment period: four weeks after the assessment date.
• Interest on late payment: the publicly quoted prime rate charged by Standard Bank of South Africa Limited (365-day year) for amounts in Rands.
• Tax invoice: due within one week of receiving a payment certificate; must show the Employer's VAT number 4740101508. Late submission extends the payment date.

Price adjustment (Option X1):

• Base date for indices: the month before the month in which the enquiry closed.
• Proportions: 0.45 CPI all items, all urban areas (P0141); 0.35 Construction Materials Price Indices (P0151.1); 0.10 CPI transport (P0141); 0.10 non-adjustable.
• Option X1 does not apply to verified net supplier, Subcontractor or third-party costs reimbursed under a Cost-Plus item.

Insurance (Contractor — Insurance Table A):

• Loss of or damage to the Employer's property, Plant and Materials, and Equipment: replacement cost (or Employer's policy deductible where covered by Employer's insurance).
• Contractor's liability for loss/damage to other property and for bodily injury or death of a person (not an employee): replacement cost for property; amount required by applicable law for bodily injury or death.
• Liability for death of or bodily injury to Contractor's employees: amount required by applicable law.

Insurance (Employer — 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 — each per the insurance policy document.

Limitation of liability:

• Employer's liability to the Contractor for indirect or consequential loss is limited to R0.00 (zero Rand).
• Contractor's entitlement under the indemnity in core clause 82.1 is as provided in core clause 60.1(12) and X19.11 where Option X19 applies.

Forecasts:

• Contractor prepares forecasts of the final total of the Prices at intervals no longer than four weeks.

Contract and registration:

• NEC3 Term Service Contract (TSC3) April 2013 with the selected main and secondary Options.
• Tenderer's CIDB registration number must be entered on the Form of Offer and Acceptance.
• Joint ventures, consortia or unincorporated groupings are jointly and severally liable; the key person with authority to bind must be notified to the Service Manager within two weeks of the Contract Date; composition may not be altered without the Employer's written consent.

B-bbee:

• Any change in legal status, ownership or business composition that affects B-BBEE status must be notified to the Employer within seven days.
• An updated verification certificate and supporting documentation must be submitted to the Service Manager within thirty days.
• A decrease in B-BBEE status since the Contract Date may lead the Employer to renegotiate the contract or terminate the Contractor's obligation to Provide the Service.
• Failure to notify may constitute a reason for termination (procedures P1, P2 and P4; amounts A1 and A3).

Health, safety and environment:

• The Contractor may be appointed as Principal Contractor under the Construction Regulations 2014 (promulgated under the Occupational Health and Safety Act) for the Affected Property.
• The Contractor warrants that the Prices include sufficient provision for compliance with the Construction Regulations and all applicable health and safety laws, and undertakes to comply and to ensure that Subcontractors, employees and others under its direction and control likewise comply.
• The Contractor must comply with all applicable environmental laws and regulations and ensure the same of its Subcontractors and personnel.

Asbestos:

• The Employer ensures Ambient Air conforms to the prescribed South African standard under the Asbestos Regulations (GNR February 2002, OHS Act 1993). OEL 0.2 regulated asbestos fibres per ml (4-hour TWA); short-term limit 0.6 fibres per ml (10-minute TWA); monitoring per HSG248, HSG173 and OESSM.
• Measurements and reporting are effected by a SANAS-accredited and Department of Employment and Labour approved AAIA.
• The Employer manages asbestos and ACM according to its Asbestos Standard 32-303.
• If asbestos is identified while Providing the Services, a risk assessment is conducted and immediate control measures implemented where required.
• Contractor's personnel may stop work and leave the contaminated area until it is declared safe.
• Removal and disposal of asbestos, ACM and waste is done by a registered asbestos contractor instructed by the Employer at the Employer's expense.

Insurance and indemnity:

• The Contractor must provide the insurances in Insurance Table A from the starting date until the earlier of Completion and the date of the termination certificate, and provide certificates from its insurer or broker when requested.
• The Employer provides the insurances in Insurance Table B.

Tax and invoicing:

• The Contractor (if registered in South Africa under the Companies Act) must comply with the Value Added Tax Act and include the Employer's VAT number 4740101508 on each invoice.

Ethics:

• No Committing Party may take any Prohibited Action (Coercive, Collusive, Corrupt, Fraudulent or Obstructive Action) during procurement or execution of the contract.
• The Employer may terminate the Contractor's obligation to Provide the Services if a Committing Party has taken such action and the Contractor did not take timely and appropriate action to prevent or remedy the situation; conviction is not required.
• Committing Parties must co-operate fully with any investigation into alleged Prohibited Action.

Confidentiality and intellectual property:

• Information arising from or in connection with the contract is confidential and must not be disclosed to Others, subject to standard exceptions (public domain, prior possession, lawful disclosure).
• Images of the Affected Property require the Service Manager's prior written consent; all rights vest exclusively in the Employer.
• All Foreground Intellectual Property created in the course of the services vests in the Employer; the Contractor retains its Background IP but must not copy, use or issue the Employer's Background IP to third parties without written consent.
• The Contractor indemnifies the Employer against third-party intellectual property infringement claims.

Termination additions:

• The Employer may terminate where a business rescue order has been granted against the Contractor.
• Termination for Prohibited Action applies procedures under core clauses 92.1 and 92.2.

Compensation events:

• If the Contractor does not notify a compensation event within eight weeks of becoming aware of it, it is not entitled to a change in the Prices.

signature of Date

witness

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

including planned, preventative, corrective,

reactive and emergency maintenance instructed

through Task Orders.

11.2(14) The following matters will be included in

the Risk Register

• Emergency access/mobilisation;

concealed services/incomplete asset

information;

11.2(15) The Service Information is in Part C3: Scope of Work, C3.1 Employer’s

Service Information, including Annexure C3.1-E:

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

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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

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

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

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

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

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

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

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

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

execution of the service; and

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

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

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

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

hours, and the short term exposure limit of 0.6 regulated asbestos fibres per millilitre of air as a 10-

minute TWA, averaged over any 10 minutes, measured in accordance with HSG248 and

monitored according to HSG173 and OESSM.

Z14.2 Upon written request by the Contractor, the Employer certifies that these conditions prevail. All

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

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

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

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

generated from Parallel Measurements are evaluated only against South African statutory limits as

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

approved asbestos work plan.

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

Z14.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is

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

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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.

unless the Task Order expressly identifies a dedicated supervisory, management, technical, health and

safety or quality resource as separately payable.

Contractor’s Equipment rates apply only where the Equipment is expressly identified as separately payable

in the Task Order.

service:

a. is required for an instructed Task;

b. is not already included in an applicable tendered rate; and

c. has been accepted by the Service Manager for procurement under the applicable Cost-Plus item,

except where prior acceptance is impracticable due to an authorised Emergency Maintenance Task.

A3 required before Providing the Service, including applicable Power

requirements

statutory appointments and safety-file documentation. Station

C3 compatible replacement sheeting, fixings, laps and local m2

waterproofing

weatherproofing.

G7 m2

windows / applicable safety requirements.

Part c2 pricing data of 71 c2.2 Option a pricing list

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

guidelines and procedures otherwise provided for under this contract and ensures that his

Subcontractors, employees and others under the Contractor’s direction and control,

likewise observe and comply with the foregoing.

Z6.2 The Contractor, in and about the execution of the service, complies with all applicable

environmental laws and regulations and rules, guidelines and procedures otherwise provided

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

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

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

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

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

if applicable.

Z14.6 The Contractor continues to Provide the Services, without additional control measures presented,

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

the Completion Date, are adjusted accordingly. The contractually agreed dates are extended by

the notification periods required by regulations 3 and 21 of the Asbestos Regulations, 2001.

Z14.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a

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

conducted in line with South African legislation.

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

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 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five 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, trade marks, service marks, rights in designs, trade names, trade secrets, know

Property” copyrights and topography rights, in each case whether registered or not; (b) applications for registrat

any of them; (c) rights under licences and consents in relation to any of them; (d) all forms of protection

similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the wo

“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

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

the Foreground Intellectual Property.

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 brought 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 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 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.

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

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

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five 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

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.

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Provision of building and infrastructure maintenance services on an 'as and when required' basis at ESKOM peaking

Sites for a period of five years

C1.2 Contract Data

Part two - Data provided by the Contractor

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

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

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

Notes to a tendering contractor:

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 Direct Fee as stated in Contract Data Part Two

%

The subcontracted fee percentage is Subcontracted Fee as stated in Contract Data

Part Two. %

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

X19: Task Order

Z: Additional conditions of contract

of the NEC3 Term Service Contract April

20132 (tsc3)

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

2002/015527/30), a state owned company

incorporated in terms of the company laws of

the Republic of South Africa

51.1 The currency of this contract is the South African Rand

51.2 The period within which payments are

made is Four (4) weeks after the assessment date.

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

(calculated on a 365 day year) charged by from

time to time by the Standard Bank of South

Africa Limited (as certified, in the event of any

dispute, by any manager of such bank, whose

appointment it shall not be necessary to prove)

for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for

amounts due in other currencies. LIBOR is the

6 month London Interbank Offered Rate quoted

under the caption “Money Rates” in The Wall

no rate is quoted for the currency in question

then the rate for United States Dollars, and if no

such rate appears in The Wall Street Journal

then the rate as quoted by the Reuters Monitor

Money Rates Service (or such service as may

replace the Reuters Monitor Money Rates

Service) on the due date for the payment in

question, adjusted mutatis mutandis every 6

months thereafter (and as certified, in the event

of any dispute, by any manager employed in the

foreign exchange department of The Standard

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

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

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

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

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

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

obligation to Provide the Service.

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

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

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

and A3 as stated in clause 93.

Z4 Confidentiality

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

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

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

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

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

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

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

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

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

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

Z9 Employer’s limitation of liability

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

limited to R0.00 (zero Rand)

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

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

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

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

Z10

point, after the words "against it":

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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

remedies the Employer has. It is not required that the Committing Party had to have been

found guilty, in court or in any other similar process, of such Prohibited Action before the

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

Z11.3 If the Employer terminates the Contractor’s obligation to Provide the Services for this reason,

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

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

Z12 Insurance

Z 12.1 Replace core clause 83 with the following:

Insurance cover 83

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

or broker stating that the insurances required by this contract are in force.

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

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

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Transportation (Marine) Per the insurance policy document

Z13 Intellectual Property – Eskom owning Intellectual Property

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

Property” copyrights and topography rights, in each case whether registered or not; (b) applications for registrat

any of them; (c) rights under licences and consents in relation to any of them; (d) all forms of protection

similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the wo

“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

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

the Foreground Intellectual Property.

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

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

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

a. procures for Employer 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 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.

Part c1 agreements and contract data of 71 c.1.2A Contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

guarantee any minimum quantity, frequency, duration, number of Task Orders or value of work during the

service period.

{"closingDate":"01 February 2015"}

{"name":null,"email":null,"phone":null,"department":"s, Eskom Divisions, Eskom","address":"e/s of Contact person/s and contact details"}

Supplier Declaration of Interest form (Document 240-59385360 Rev 3) must be completed and submitted.

Bidders must complete and submit the Supplier Declaration of Interest form (Template 240-43921804 Rev 6, Document 240-59385360 Rev 3), certifying under oath that the information provided is true and correct. Bidders must declare any conflicts of interest, including Eskom employees or directors with an interest in the supplier, close family or associate relationships with Eskom personnel involved in the procurement, and any business courtesies given or received in the past 12 months. Consultants must disclose other services currently provided to Eskom entities or its suppliers of primary energy and strategic commodities.

supplying entity AND their company registration

number] ..........................................................................., certify under oath that, to the best of my

knowledge, the information furnished herein is true and correct. I accept that Eskom reserves its right to act

against the supplier named above or me personally in terms hereof, should this declaration prove to be false.

Eskom employees and directors that engage in private work

Supplier Declaration of Interest form (Document 240-59385360 Rev 3): certifies no conflicts of interest with Eskom employees or directors, and discloses any business courtesies.

Eskom employees and directors engaging in private work with the supplier are not permitted to benefit from the procurement; bidders must declare any such relationships.

{"closingDate":"21 October 2022"}

Bidders must comply with Eskom's safety procedures and PPE standards as referenced. No other eligibility criteria are stated in the provided document.

Eskom is committed to health and safety excellence, which forms an integral part of its operations.

Eskom and its subsidiaries will conduct business with respect and care for people to ensure that no

operating condition or urgency of service endangers the life of anyone or causes injury or damage

to the environment.

Although the Bill of Rights entrenched in the South African Constitution makes no specific reference

to health and safety in the workplace, the rights relevant to health and safety in the workplace include

the right to life, the right to a safe and healthy environment, and labour rights.

Employees have a duty to take reasonable care of their health and safety and the health and safety

of other persons, to cooperate with the employer, to carry out lawful orders, to report unsafe

situations and incidents, and engage in a manner following the behavioural safety observations

elements (SMAT), which will ensure that unsafe behaviour does not continue or repeat itself.

The aim of this Procedure is to ensure that an environment is created that promotes Zero Harm by

empowering employees and contractors to take responsibility for their own safety and that of others.

2. Supporting Clauses

2.1 Scope

This Procedure shall apply to all Eskom sites with the intention of promoting a safe working

environment for all Eskom employees (permanent, non-permanent, employees placed by a

Temporary Employee Services provider (TES), learners, and bursary students), agents, consultants,

and contractors.

2.1.1 Purpose

This Procedure clarifies Eskom’s intention to ensure that no one is exposed to unsafe conditions or

is in a position, with respect to any behaviour, that can result in serious risk at the workplace.

2.1.2 Applicability

This Procedure shall apply throughout Eskom Holdings SOC Ltd divisions and subsidiaries.

2.1.3 Effective date

1 July 2015.

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] Occupational Health and Safety Act .

[2] 32-727: Eskom, Safety, Health, Environment and Quality Policy.

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

[3] 32-407 Behavioural Observation Procedure.

2.2.2 Informative

[4] DPC 34-846: Operating Regulations for High-voltage Systems.

[5] GGR 0992: Plant Safety Regulations (Low-voltage Regulations).

[6] GGR 0568: Pulverised Fuel Firing Regulations.

[7] ISO 9001 Quality Management Systems.

[8] NEMA 107: National Environmental Management Act.

[9] MHSA: Mine Health and Safety Act.

2.3 Definitions

2.3.1 Absolute (or strict) requirement: A requirement designed for a safe working environment,

which means that the particular duty must be complied with, irrespective of cost or likelihood

of injury.

2.3.2 Unsafe situation: Any situation involving an unsafe act from an individual or an unsafe

condition.

2.3.3 Safety rules: Rules designed to prevent accidents and injuries when followed.

2.3.4 Contractor: Any employer formally contracted (directly or indirectly) by Eskom and who

performs work or supplies a service, product, equipment, or material for the purposes of

advancing Eskom’s business and other interests. This includes personal

contractors/consultants and third-party contractors (vendors, suppliers, agents, joint

ventures, principal contractors and subcontractors).

2.3.5 Suppliers: Any person or organisation that supplies any product, equipment, or material;

and this includes courier services.

2.3.6 Agents: Any person who acts as a representative for Eskom (as the client), as defined in

the OHS Act. (With specific reference to the Construction Regulations).

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

2.3.7 Joint ventures: An entity formed through a decision and agreement to work together

between two or more persons, parties, and/or organisations to undertake an economic

activity together and which entity is managed by means of this agreement. The parties

agree to create a new entity by both contributing equity, and they then share in the

revenues, expenses, and control of the enterprise.

2.3.8 Treat: to apply/administer a process to improve or remedy a risk/hazard/unsafe condition(s)

or situation(s).

2.3.9 Mitigate: to control/prevent a hazard from causing harm and to reduce a risk/hazard/unsafe

condition(s) or situation(s).

2.3.10 Eliminate: to remove/eradicate a risk/hazard/unsafe condition(s) or situation(s).

2.3.11 Workplace: Any premises or place where a person performs work in the course of his

employment.

2.3.12 Behavioural Safety Observation (SMAT): Technique use to assess and address the

actual safe and unsafe behaviours of people in the workplace; as well as workplace

conditions - which are caused by the actions or non-actions of employees, contractors or

their supervisors.

2.4 Abbreviations

Abbreviation Explanation

BU Business Unit

EDC Eskom Documentation Centre

ExCo Executive Committee

H&S Health and safety

OH&S Occupational Health and Safety

OU Operating Unit

TES Temporary Employee Services

SMAT Safety Management Audit Technique

2.5 Roles and Responsibilities

2.5.1 The Risk and Sustainability Division (OHS): The OHS Department shall review the

Procedure every five years or as required by the OHS Steering Committee.

2.5.2 Group and divisional executives: Group and divisional executives are responsible for

ensuring adherence to this procedure within their respective groups/divisions.

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

2.5.3 Operating units/ Business units: The management at Business Unit level shall be

responsible for:

• implementing this Procedure;
• communicating to all their employees, contractors, and contractor employees the

importance of compliance with this Procedure; and the consequences of non-compliance.

This includes communicating duty of care and refusal to perform an unsafe task to all new

employees and new contractors;

• implementing a monitoring process for ensuring understanding of, and compliance with,

duty of care and refusal to perform an unsafe task; and

• ensuring understanding of, and compliance with, the requirements of this Procedure.

2.6 Process for Monitoring

Compliance with the requirements of this Procedure has to be audited by the Operating/Business

Unit,

Service Function and/or Strategic function at least annually as part of an internal review process. All

records have to be audited by Assurance and Forensics Department or any person appointed by it

to do so, on its behalf, at its discretion and at a frequency determined by it.

The focus areas of such monitoring will include the following:

• Self-assessments at BU/OU level (at intervals not exceeding three months)
• Auditing by Audit and Forensics Department

2.7 Related/Supporting Documents

2.7.1 Refusal to work in an unsafe workplace. (Unique identifier 240-53716047).

3. Employees’ Right of Refusal to Work in an Unsafe Situation Procedure

3.1 General

The employer has the duty to inform each person of his or her right to refuse unsafe work, which

includes that every employee shall, at work:

a) take reasonable care of his or her own health and safety and that of any other person who may

be affected by his or her acts or omissions;

b) co-operate in order to enable that any duty or requirement, including absolute (or strict)

requirements imposed on the employer in order to achieve a safe workplace, are performed and

complied with;

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

c) carry out any lawful order given to him or her and obey the health and safety rules and procedures

laid down by his or her employer or by anyone authorised to do so by the employer in the interest

of health and safety;

d) if any situation that is unsafe or unhealthy comes to his or her attention, as soon as practicable

take immediate preventative and corrective action and report such situation to his or her

employer or to the health and safety representative for his or her workplace or section thereof,

as the case may be, who shall, in turn, report it to the employer; and

e) exercise the duty so as not to interfere with, damage, misuse or intentionally or recklessly

interfere with anything that is provided in the interest of health or safety.

3.2 Standard Procedure for when an Employee Exercises his or her Right of Refusal to

Work in the case of an Unsafe Work Situation

Where an employee is directed, required, or instructed to perform a task in relation to equipment, a

machine, device, thing, or physical condition and he or she reasonably believes in good faith that

the:

a) equipment, machine, device, or thing; or

b) physical condition of the workplace;

c) is in contravention of any health and safety requirement, may endanger, endangers, causes an

undue hazard, or may cause an undue hazard to his or her health and safety, (collectively

referred to as an unsafe work condition) or those of his or her co-worker or any person, such an

employee has the right to refuse to perform such a task until such time as it has been corrected

and made safe.

d) The employee may refuse to return to perform such a task until the unsafe work condition(s)

has/have been mitigated, treated or eliminated.

e) An employee cannot refuse to work when high-risk work condition(s) and processes form part

of his or her normal contractual duties, where following approved safe work procedures will

ensure a safe working environment. (Example: a live line worker involved in live line work

following safe work procedures).

f) Should any employee at any time reasonably believe, in good faith, that the performance of work

or a task is unsafe, the following procedures shall apply:

Stage 1:

1. The employee will immediately notify to the supervisor about the details of the unsafe

condition or unsafe act. The supervisor shall give the situation immediate attention.

2. The employee will explain to the supervisor (or his nominated team leader) and, where

available, the applicable health and safety representative the reasons for believing that the

work to be performed is unsafe. The employee has the right to invite his/her union

representative.

3. The employee(s) shall remain in a safe place.

4. The supervisor shall investigate the unsafe situation together with the applicable employee

and the applicable health and safety representative responsible for that particular area.

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

5. The task risk assessment is to be reviewed to address the concerns of the employee and to

outline the corrective actions in order to mitigate/treat/eliminate the unsafe situation.

Alternatively, if it is found that the perceived threat is unfounded, the supervisor shall give a

clearance notice to the employee, co-signed by the applicable employee, indicating that the

identified perceived threat has been thoroughly investigated and that the situation has been

declared to be safe. (See form referenced in Paragraph 2.7.1.)

6. If emergency action is required to correct an unsafe situation that constitutes an immediate

threat to employees or any other person, only qualified and properly instructed employees or

persons will be permitted to correct such unsafe condition. Every possible effort must be

made to control the hazard while this is being done.

7. When the issue has been resolved and the appropriate corrective action has been taken, the

employee shall return to work. If the issue has not been resolved, proceed to the following

stage.

Stage 2:

The manager of that section or, if not readily available, any other person with the necessary

knowledge, skills, and experience who understands the task and associated risks must then

review the risk assessment and mitigation plans and, where necessary, make changes to further

reduce/treat/eliminate the risk. If the issue is resolved and the appropriate corrective action has

been taken, the employee shall return to work.

If the issue has not been resolved, then the work will be considered as unsafe and cannot

continue until the applicable Responsible Manager (BU/OU Manager) have introduced all steps

to ensure the work place is safe as defined in the Occupational Health and Safety Act, Eskom’s

policies, procedures and best practices.

Stage 3:

In a case, wherein, the employee is still unsatisfied or refuses to acknowledge the resolution of the

threat, the matter shall be brought to the OU/BU Manager for resolution. If the matter cannot be

resolved internally, the OU/BU Manager shall immediately notify the Provincial Inspector at the

Department of Employment and Labour.

3.3 Participation by Subject-Matter Specialist

If a supervisor requests that a subject-matter specialist should participate in the resolution of an

issue, the BU Responsible Manager:

a) must ensure the appointment of the appropriate subject-matter specialist to enter the workplace

for the purpose of participating;

b) must give every reasonable assistance necessary to enable participation by the subject-matter

specialist; and

c) shall:

i.ensure that the necessary steps are taken to make the workplace healthy and safe; and

ii. jointly advise the employees of the steps that are being taken

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

3.4 Report

The supervisor, together with the subject-matter specialist (if applicable), must prepare a report as

stipulated in form referenced in Paragraph 2.7.1, which must be tabled and discussed at the next

Statutory Health and Safety Committee meeting. The chairperson of the Health and Safety

Committee must enter the refusal to work into the register and ensure that all events involving any

person exercising his or her right of refusal to work in unsafe situations have been recorded in the

minutes of the Health and Safety Committee.

3.5 Victimisation Prohibited

Employees who exercise their right to refuse to work in accordance with the steps set out in this

Procedure are protected by the Occupational Health and Safety Act. Therefore, no employer or

person acting on behalf of an employer shall:

a) dismiss or threaten to dismiss an employee;

b) discipline or suspend or threaten to discipline or suspend an employee;

c) impose any penalty on an employee; or

d) intimidate or coerce an employee

Solely because the employee has acted in compliance with the applicable requirements set out in

this Procedure.

Notwithstanding this, any employee who without good reason refuses to work and who fails to follow

this Procedure may be dealt with in terms of Eskom’s applicable policies and procedures.

4. Acceptance

This document has been seen and accepted by:

Name Designation

M Moahlodi Senior Manager-

Phillip Mashego Senior Manager Human Resources

OHS Steering Committee

5. Revisions

Date Rev. Compiler Remarks

October 2022 2 S Mqanto Stage 3 of reporting added

June 2015 1 SN Middel Confirmed still valid. Revision date

updated

August 2013 0 SN Middel

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Employees’ Right of Refusal to Work in an Unique Identifier: 240-43848327

Unsafe Situation Procedure Revision: 1

Page:

6. Development Team

The following people were involved in the development of this document:

• M Zondi
• M Townsend
• S Mqanto

7. Acknowledgements

• S Govender

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 without the

expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Standard

Title: Eskom Personal Protective Document Identifier: 240-44175132

Equipment (PPE)

Alternative Reference N/A

Number:

Area of Applicability: Eskom Holdings SOC Ltd

Functional Area: Occupational Health and

Safety

Revision: 2

Total Pages: 56

Next Review Date: March 2028

Disclosure Controlled Disclosure

Classification:

Compiled by Functional Responsibility Authorized by

Ntokozo Ngubane Miranda Moahlodi Kerseri Pather

Senior Advisor OHS Senior Manager OHS General Manager

Risk and Sustainability Risk and Sustainability Risk and Sustainability

Date: 05 April 2023 Date: 10 April 2023 Date: 10 April 2023

Document Template 32-4 Revision 7

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

Content

. Introduction ............................................................................................................................... 4

2. Supporting Clauses .................................................................................................................. 4

2.1 Scope ............................................................................................................................... 4

2.1.1 Purpose ................................................................................................................. 4

2.1.2 Applicability ........................................................................................................... 4

2.1.3 Effective Date ........................................................................................................ 5

2.2 Normative/Informative References ................................................................................... 5

2.2.1 Normative .............................................................................................................. 5

2.2.2 Informative............................................................................................................. 6

2.3 Definitions ........................................................................................................................ 6

2.4 Abbreviations ................................................................................................................... 7

2.5 Roles and Responsibilities ............................................................................................... 8

2.6 Process for Monitoring ...................................................................................................... 9

3. Document Content .................................................................................................................... 9

3.1 General ............................................................................................................................ 9

3.2 General Garments or Work Wear Specification .............................................................. 11

3.3 Minimum Standard Specifications for Boiler Suits/Overalls - One Piece (Figure 2 on

diagram: drg.10332 SANS 434) and two piece (Figure 4 on diagram: drg.15289da on

SANS 434) work wear suits ........................................................................................... 12

3.4 Minimum Standard Specifications for Dust Coats ........................................................... 16

3.5 Minimum Standard Specifications for Shirts ................................................................... 17

3.6 Minimum Standard Specifications for Ladies Shirts And Pants ...................................... 18

3.7 Minimum Standard Specifications Thermal Jackets (Winter Jackets) ............................ 19

3.8 Minimum Standard Specifications for Rain Protection (Rain Suits) ................................. 20

3.9 Minimum Standard Specifications for Chemical Protection (Chemical Suits) .................. 20

3.10 Minimum Standard Specifications for Reflective Vests and Bibs .................................. 21

3.11 Minimum Standard Specifications for Cold Weather Protection ................................... 22

3.12 Minimum Standard Specifications for Aprons ................................................................ 23

3.13 Minimum Standard Specifications for Head Protection ................................................. 23

3.14 Minimum Standard Specifications for Eye/Face Protection ............................................. 25

3.15 Minimum Standard Specifications for Hearing Protection .............................................. 28

3.16 Minimum Standard Specifications for Foot Protection .................................................... 28

3.17 Minimum Standard Specifications for Hand and Arm Protection .................................... 31

3.18 Minimum Standard Specifications for Skin Protection ..................................................... 32

3.19 Minimum Standard Specifications for Respirators ...................................................... 34

3.20 Minimum Standard Specifications for Protective Clothing for Users of Hand-Held Chain

Saws ......................................................................................................................... 36

3.21 Minimum Standard Specifications for Tog Bags ............................................................. 36

4. Selection Use, Care, And Maintenance of PPE ...................................................................... 37

4.1 Head Protection .............................................................................................................. 37

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

4.2 Eye/Face Protection – Goggles, Eyeglasses, Welding Helmets, and Face Shields ........ 39

4.3 Hearing Protection .......................................................................................................... 40

4.4 Foot Protection ............................................................................................................... 40

4.5 Garments (Clothing) ....................................................................................................... 42

4.6 Chemical Protection ...................................................................................................... 44

4.7 Reflective Vests and Bibs ............................................................................................... 45

4.8 Hand and Arm Protection ............................................................................................... 45

4.9 Respirators and Dust Masks........................................................................................... 46

4.10 Cold-Weather Protection (Freezer Wear) ....................................................................... 46

4.11 Skin Protection ............................................................................................................... 47

4.12 Tog Bags ........................................................................................................................ 47

5. Acceptance ............................................................................................................................. 47

6. Revisions ................................................................................................................................ 48

7. Development Team ................................................................................................................ 48

8. Acknowledgements ................................................................................................................ 48

Annex A – Personal Protective Clothing – Standard Sizes ............................................................ 49

Annex B – Standard Nomenclature for Stitches, Seams and Stitching (Informative) ..................... 52

Annex C – Material Specification for T006 (Shirts) and all Garment Labels .......................... 53

Annex D – Flame Retardant Retro Reflective Material Sewing on Garments ................................ 54

Annex E – For Rain Wear Sizes and Chemical Chart Specs ......................................................... 55

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

The Occupational Health and Safety Act places an obligation on employers and/or users

of machinery to evaluate all the risks attached to any condition or situation that may arise from their

activities and to which persons at work may be exposed to and to take necessary steps to make

such condition or situation safe.

Where it is not possible to do so, the employer shall, free of charge, provide and maintain, in a good

and clean condition, safety equipment and facilities and ensure that any person exposed to any such

condition or situation is rendered safe. The employer is required to instruct or train his/her employees

in the proper use, maintenance, and limitations of the safety equipment and facilities provided and

to document such training. This document was compiled to provide minimum requirements for

generic Personal Protective Equipment (PPE) to be used in Eskom and its subsidiaries and how to

care for it. This in turn will ensure the protection of the health and safety of Eskom employees and

compliance with the relevant legal requirements.

2. Supporting Clauses

2.1 Scope

2.1.1 Purpose

The purpose of this document is to prescribe the minimum requirements for generic Personal

Protective Equipment used in Eskom and provide guidance with regards to the process for the

selection, use, care, and maintenance of personal protective equipment (PPE).

This standard does not cover the requirements for specialised work such as Live Work, Fall Arrest

Systems and any other specialised equipment that is not included herein. The requirements for

specialised work disciplines are covered in their respective standards and/or specifications.

In the case where a particular PPE requirement is not covered in this standard, the onus is on the

Division/OU/Cluster/ BU to ensure that all safety requirements are complied with in accordance with

the relevant standards, regulations, or codes of practices for that specific PPE requirement.

2.1.2 Applicability

This document shall apply throughout Eskom Holdings SOC Limited divisions and subsidiaries.

The Operating/Business Units or Clusters may determine additional PPE requirements to suit their

own needs or working conditions, provided that the minimum requirements as set out in this

specification are met as well as the relevant legislation. Such additional requirements should not

expose the employee to any risk. This can be determined through a comprehensive activity-related

OHS risk assessment.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

2.1.3 Effective Date

This document will be effective from the day of authorization. Implementation of this document shall

be monitored after a period of six months from the authorisation date to allow the business to properly

transition to new requirements.

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] Occupational Health and Safety Act No. .

[2] 240-62196227 Eskom Life-saving Rules.

[3] 240-62582234 OHS Roles and Responsibilities and Statutory Appointments.

[4] 240-43848327 Employees’ Right of Refusal to Work in Unsafe Situations.

[5] 32-245 Eskom Waste Management Standard.

[6] 32-520 Occupational Health and Safety Risk Assessment Procedure.

[7] SANS ISO 9001:2015 Quality Management Systems.

[8] SANS ISO 9001 Quality Management Systems.

[9] SANS 416 Chemical resistant gloves.

[10] SANS 434 Boiler Suits and Work Wear suits.

[11] SANS 1362 Sewing threads.

[12] SANS 1387-4, 6, 7 Woven cotton and similar apparel fabrics.

[13] SANS 1397 Industrial Safety Helmet.

[14] SANS 1400 Equipment (including oculars) for eye, face and neck protection against non-ionizing

radiation arising during welding and similar operations - Welding helmets, hand shields, goggles,

and welding spectacles.

[15] SANS 1404 Eye-protectors for industrial and non-industrial use.

[16] SANS 1423-1 Performance requirements for textile fabrics of low flammability.

[17] SANS 1451-1 Hearing protectors Part 1 Earmuffs.

[18] SANS 1451-2 Hearing protectors Part 2 Ear plugs.

[19] SANS 1451-3 Hearing protectors Part 3 Earmuffs attached to an industrial safety helmet.

[20] SANS 1822 Slide (zip) fasteners.

[21] SANS 10101 Standard nomenclature for stitches, seams, and stitching.

[22] SANS 50136 Respiratory protective devices – Full face masks - Requirements, testing, marking

[23] SANS 50140 Respiratory protective devices – Half masks and quarter masks – Requirements,

testing and marking.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

[24] SANS 50142 Respiratory protective devices – Mouthpiece assemblies - Requirements, testing

and marking.

[25] SANS 50143 Respiratory protective devices – Particle filters - Requirements, testing and

marking.

[26] SANS 50149 Respiratory protective devices – Filtering half masks to protect against particles –

Requirements, testing, marking.

[27] SANS 50381-2 Protective clothing for users of hand-held chain saws Part 2: Test methods for

leg protectors.

[28] SANS 50381-5 Protective clothing for users of hand-held chain saws Part 5: Requirements for

leg protectors.

[29] SANS 50471 High-visibility warning clothing for professional use - Test methods and

requirements.

[30] 240-47859177 Generation Policy on the Control of Clean Conditions When Working on

Generators.

2.2.2 Informative

[31] 32-109 Brand Architecture and Corporate Identity Policy.

[32] 32-288 Policy Procurement and Supply Chain Management Standard.

[33] 32-599 Standard Procurement and Supply Chain Management Standard.

[34] 32-727SHEQ Policy.

2.3 Definitions

2.3.1 Danger: Anything that may cause injury or damage to persons or property.

2.3.2 Employee: Any person who is employed by or works for an employer and who receives or

is entitled to receive any remuneration or who works under direction or supervision of an

employer or any other person.

2.3.3 Hazard: A potential source of harm or a source of, or exposure to, danger.

2.3.4 Hem: Free edge of a garment that is folded over and sewn down.

2.3.5 Lining: Layer of fabric sewn to the inside of a garment to give the garment a neat finish.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

2.3.6 PPE-Free Zone: An area of a work site where employees are not required to wear certain

types of PPE. This includes offices and walkways.

2.3.7 Pleat: A feature on a garment that makes provision for extra ease and formed by folding

fabric onto itself.

2.3.8 Risk Assessment: Overall process of hazard identification, risk analysis, and risk evaluation.

2.3.9 Seam: Joint consisting of a sequence of stitches uniting material or materials.

2.3.10 Syce: An armhole (or occasionally, a leg hole) in tailoring or dressmaking.

2.3.11 Yoke: Part of a shirt or jacket that is positioned at the shoulder area and joined to the lower

section with a seam.

2.4 Abbreviations

Abbreviation Explanation

ATPV Arc Thermal Performance Value

BS British Standard

BU Business Unit

Cal/cm2 Calories per square centimetre

dB Decibel

EN European Norms

g/m2 Grams per square meter

MAG Metal active gas (welding)

MIG Metal inert gas (welding)

MSDS Material safety data sheet

NRR Noise reduction rate

OU Operating Unit

OHS Act The Occupational Health and Safety Act, Act .

PPE Personal Protective Equipment

PU Polyurethane

PVC Polyvinyl chloride

SABS South African Bureau of Standards

SANS South African National Standard

SNR Signal to noise rate

TIG Tungsten inert gas welding

PPE Personal Protective Equipment

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

2.5 Roles and Responsibilities

2.5.1 Duties of Employer/Line Managers

• Ensure that a risk assessment is conducted, and a hierarchy of control is implemented before

PPE is identified as a control measure.

• Ensure that employees are issued with correct PPE based on the hazard identification and

risk assessment document and the relevant PPE Matrix.

• Ensure that all information and instructions are communicated and that the necessary training

on the usage of any PPE is provided to all the applicable employees before its use. This shall

include the limitations of identified/specific work wear/accessory.

• Ensure that PPE provided to employees is suitable for minimising the impact of the hazard

the employees are exposed to by ensuring that risk assessments are performed before

identification of PPE.

• An employer shall not require or permit any employee to work unless such an employee is

issued with the required personal protective equipment and makes proper use thereof.

• Allow the employee to exercise his/her right to refuse work when exposed to hazards that

cannot be eliminated or mitigated by the issuing of PPE.

• Where a possibility exists that cleaning and maintenance will result in the spread of

contaminants, such as HBAs and HCAs, it becomes the responsibility of the employer to

clean the PPE.

• Where applicable, provide employees with facilities to store PPE.

2.5.2 Duties of Employees

Employees shall:

• Receive or attend comprehensive training on the use and limitations of PPE.
• Personally sign for all issued PPE and wear or use issued PPE to reduce the risk of personal

injury where required to.

• Maintain each item of PPE issued to them in a hygienic and good state of repair and not

modify any PPE issued.

• Ensure that such PPE is always available during working hours, including stand-by

emergencies and overtime.

• Where required, wear or use PPE designed to reduce the risk of personal injury as prescribed

by risk assessment, procedures, or any relevant requirements.

• Immediately report if any of the PPE issued has been lost, damaged, worn out, or stolen.
• The cleaning and maintenance of PPE shall be the responsibility of the employee, except

where the possibility exists that cleaning and maintenance will result in the spread of

contaminants. Then it becomes the responsibility of the employer.

• Cleaning of PPE shall be done according to the manufacturer’s specification.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• Persons who are unable to use the standard issue of PPE owing to physical or ergonomic

constraints shall approach their employer, through their health and safety representative or

manager, occupational health practitioner, or occupational hygienist, to arrange for specially

manufactured PPE to be purchased (for example, outsize shoes or boiler suits/overalls).

• For hygiene purposes, PPE should only be used by the person to whom it is issued and

should not be shared with other employees.

• Where certain PPE, for example, earmuffs and visitor hard hats, is shared, it is the

responsibility of the issuer to ensure that it is properly cleaned or disinfected before storage

and use.

• Do not use any PPE that has not been inspected or maintained according to the

manufacturer’s specification.

• Ensure that all PPE, including attachments, has not expired or damaged.

2.5.3 OHS Department

The OHS Department shall:

• provide support to line management regarding management of PPE.
• assist with the development and facilitation of training on the use of PPE and its limitations.
• ensure that a proper risk assessment is performed before PPE is issued.
• ensure compliance with the OHS Act and relevant PPE documents.
• investigate any PPE queries raised by employees and report to management.
• conduct random inspections to monitor PPE compliance requirements.
• where applicable conduct awareness training on the correct wearing of PPE.

2.6 Process for Monitoring

Compliance to this document shall be monitored and audited by the SHEQ department and Line

management. Where possible SHEQ department and/or line managers shall inspect procured PPE

to ensure compliance with this document and risk assessments.

3. Document Content

3.1 General

3.1.1 Minimum Requirements

All PPE shall meet the following minimum requirements:

• Must be the last means of protection as per the OHS Act and hierarchy of controls.
• Must be supplied to an employee free of charge and be readily available.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• Must be suitable and fit for purpose.
• Must be kept in good condition and be in good working order.
• Misuse of PPE shall be discouraged to ensure proper protection of employees.
• When properly used, it must be capable of controlling the employees’ exposure by providing

adequate protection and reduce exposure to the specific hazards in the workplace.

• If required, must be compliant to the identified authorised body and comply with technical

specifications for the identified PPE.

• Must be issued at a frequency that will ensure effective protection of employees and will

depend on the condition of the equipment due to wear and tear or as specified by the

Responsible manager. (Each business unit to enforce their own site-specific

procedure/process).

• Locally manufactured PPE shall be given preference.

3.1.2 Issuing of PPE

• PPE shall be issued to employees to protect them against occupational hazards free of

charge.

• PPE shall be issued in accordance with the approved PPE Matrix that is based on the risk

assessment and exposure assessment results.

• This document prescribes the minimum amount of PPE to be issued per individual; additional

needs shall be determined by the risk assessment.

• PPE shall be issued to persons on an individual basis.
• Shared PPE must be sanitised or disinfected before use by the next employee or storage.
• A record shall be kept of the issuing of all PPE to persons.
• The physical condition of all PPE shall be inspected by the supervisor or his/her delegate

every three months or according to guidance from the manufacturer or applicable legislation

or standards and codes.

• Each cluster or business/operating unit shall determine the PPE issuing or replacement

schedule based on risk assessment and operational needs.

3.1.3 Replacement of PPE

• Replacements shall be made only based on exchanging unserviceable equipment for new

items or based on fair wear and tear based on use and operational requirements.

• On replacement, the employee’s line manager or supervisor shall destroy unserviceable

items of PPE. Old clothing handed in shall be disfigured or cut up to prevent further use (that

is, wearing or using for exchange).

• Old or damaged PPE shall be managed and disposed of according to the Eskom Waste

Standard (32-245). It is encouraged that waste management principles, such as reuse or

recycle, be adopted before disposal.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• All PPE/clothing shall be issued free of charge. Where losses are due to negligence, etc., the

appropriate Eskom disciplinary procedures shall be followed.

• All Eskom-branded items of PPE shall be handed in on termination of an employee’s service

with Eskom. These items shall remain Eskom’s property and responsibility. The responsible

line manager shall monitor this process within the scope of the existing processes for the

issuing and replacement of PPE.

3.1.4 Special Circumstances

Employees who cannot perform their duties due to physical, medical, or ergonomic constraints that

prevent them from using appropriate protective equipment may be permitted to purchase specially

manufactured equipment (in terms of the Eskom procurement process), provided that a written

document from a specialist on such constraints is submitted to the employer via the health and safety

representative, Occupational health practitioner, Occupational Hygiene Practitioner, or manager.

3.1.5 PPE-Free Zones

• PPE-free zones shall be declared after conducting a proper risk assessment that confirms

that PPE is not a requirement in that area, and it is safe to be in that work area without

wearing PPE.

3.2 General Garments or Work Wear Specification

• Garments shall be cut and made following the standard of the prescribed specifications and

shall be free from defect that affect their appearance or may affect their serviceability (or

both) and free from marks, spots and stains incurred during the manufacturing process.

• All seams/stitching shall be in accordance with the prescribed national standard. Seams and

stitching shall be free of twists, pleats, and puckers and shall be sufficiently extensible to

obviate seams cracking and undue shrinkage in use.

• All ends of sewing that are not secured in seams or in other sewing shall be adequately back

tacked.

• To improve the visibility of employee’s, all garments shall have reflective strips sewn on it
• In cases where the reflective strips create a risk due to glare, for example live line and aviation

activities, garments without reflective strips shall be worn. This shall be supported by a proper

risk assessment.

• All ends of sewing shall be trimmed and loose threads removed.
• All garments shall be in accordance with the prescribed Eskom PPE design specification for

the composition of these garments.

• All garments shall be labelled according to SANS 434 and the label shall bear information as

given in 5.3.1.2 (see figure 6(a) and figure 6(b)) of SANS 434.

• The garment manufacturer shall receive a certificate of compliance from the manufacturer of

the fabric confirming that the fabric complies with the SANS and EN specifications,

• Refer to Annex A for Ladies and Men’s sizes (SANS 434).

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

3.3 Minimum Standard Specifications for Boiler Suits/Overalls - One Piece (Figure 2 on

diagram: drg.10332 SANS 434) and two piece (Figure 4 on diagram: drg.15289da on

SANS 434) work wear suits

• Boiler suits or two-piece work wear suits used shall be as per with SANS 434.
• Flame-treated boiler suits material shall be pre-shrunk 100% woven cotton fabric as per with

SANS 1387-4, material type of D59, flame retardant finish that complies with SANS 1423–1,

class C category 1.

• Chemical boiler suits (Alkali & Acids) material shall be pre-shrunk 65% / 35%

polyester/viscose fabric in accordance with SANS 1387-3 and shall have acid resistant finish.

• The colours shall be Navy Blue. Pantone 19_3920 and for Alkali & Acid shall be Bottle Green

Pantone 19_6110TC.

• The zip fastener shall comply with SANS 1822 style C and be of a non-conductive material.

Must be intact front and back of garments.

• The colour of the stringers of a slide fastener shall be an acceptable match to that of the

fabric with which the slide fastener is used.

• The stitching shall comply with SANS 10101.
• The thread used shall comply with SANS 1362.
• Garments manufactured as per SANS 434 must bear the SABS mark of approval.
• The Eskom logo shall appear on the left-hand top pocket in white and shall be as per Eskom’s

Corporate Identity.

• The Zero Harm identification shall appear on the right-side sleeve of the top and shall be in

accordance with Eskom’s Corporate Identity.

• All Personal Protective Clothing to be fitted with flame retro reflective material strips on both

sleeves’ circumference on the inner upper arm, and reflective strips on both legs at the knee

height , with an exception for conditions stated in 3.2. bullet point 5.

NB: Chemical (bottle green) boiler suits are acid treated only and are not flame treated.

3.3.1 Minimum Standard Specifications for Boiler Suits/Overalls (One Piece)

One Piece Boiler suits/overalls shall be in accordance with SANS 434.

• The fronts shall be shirt-style open fronts with a collar.
• The top section, if not cut in one with the trouser section, shall be joined by means of a seam

at waist level.

• The back be cut in one piece and shall be joined to the trouser section by means of a seam

at waist level.

• The waistline shall require elasticized from side seam to side seam.
• The collar shape shall be such as to be acceptable, the width at the centre back shall be at

least 80 mm and the steps shall be of width at least 35 mm.

• Set-in sleeves shall be of one-piece construction and be fitted with a cuff at the bottom end.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• Cuffs plain with a double folded turned-in hem of at least 15 mm.
• The front fastening at bottom of the opening shall be securely bar-tacked. All raw edges shall

be turned in and stitched. Fly front shall fasten with a slide fastener as per SANS 1822 Figure

4 two-way fastener type A.

• The slide fastener shall be secured with two rows of stitching on each stringer.
• The front edges shall overlap at least 35 mm and the facing shall be grown on.
• The finished width and depth of a pocket shall be measured from edge to edge on the outside

of the pocket with pencil pocket. Pocket mouths shall be finished with a hem that is deep

enough to accommodate the attachment of a fastening and shall be adequately secured.

• Breast hip pockets: shall be patch pockets, with rounded corners.
• The side and bottom edges of a pocket shall be turned in at least 10 mm and stitched down

with two rows of stitching of at least 2 mm and a maximum 10 mm respectively.

• The mouth of the pocket shall be hemmed and each end of the pocket mouth and shall be

securely bar-tacked.

• The breast pocket shall be positioned above the scye level in accordance with acceptable

patternmaking practice.

• The hip pocket shall be positioned appropriately from the side seam in accordance with

acceptable patternmaking practice and at least 60 mm from the waist seam.

• Side pockets shall have a slanted mouth opening of minimum finished length 180 mm and

shall have an inside patch pocket of outer material.

• Pencil pocket shall form part of the breast pocket and of width at least 40 mm and the full

depth of the breast pocket and shall be positioned at the centre front end of breast pocket.

• The pencil pocket shall be formed by a row of vertical stitching from the front edge.
• Pocket flaps shall be mitred.
• Flaps shall be lined with outer material and shall fasten in the centre with a button and

buttonhole.

• All flaps shall be of depth at least 50 mm, and a mitred flap shall taper to at least 30 mm at

the ends.

• A flap shall be of such width as to overlap the pocket at each side and shall be positioned at

least 10 mm above the pocket mouth and securely tacked at each end.

• Buttonholes shall be large enough to neatly accommodate the buttons and shall be as

follows: If four-hole plastics buttons are used, a shirt type buttonhole may be used.

• The bottoms of the legs shall have a plain double folded hem of at least 15 mm.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

3.3.2 Minimum Standard Specifications Boiler Suits/Overalls (Two Piece)

3.3.2.1 Minimum Standard Specifications for Pants (chemical and flame)

• Flame treated long pants shall be made of pre-shrunk 100% soft woven cotton fabric in

accordance with SANS 1387-4, Material Type D 59- flame retardant SANS 1423-1 class C

category 1.

• Chemical treated long pants shall (Alkali & Acids) be made of pre-shrunk 65% / 35%

polyester/viscose fabric in accordance with SANS 1387-3 and shall have acid resistant finish.

• Long pants shall comply with the size specification in SANS 434 (refer to the trousers for the

two-piece Personal Protective Clothing).

• The pants shall be a standard five pocket style which shall exclude the ruler/carpenter’s

pocket.

• The pants shall have a waistband which shall be elasticated ruched at the back with a zip

front and one (1) button on the front of the waistband and a plain bottom.

• The waistband shall have the number of belt loops as prescribed in SANS 434.
• The colour shall be Navy Blue. Pantone 19_3920 for flame treated pants and bottle green for

chemical treated pants.

• The logo shall be applied in accordance with Eskom’s Corporate Identity and shall be

embroidered on the right back pocket.

• The stitching shall comply with SANS 10101.
• The zip fastener shall comply with SANS 1822 and shall be made of a non-conductive

material.

• The thread used shall comply with SANS 1362.
• The Zero Harm identification shall appear on the left back pocket of the pants and shall be in

accordance with Eskom’s Corporate Identity.

• All pants to be fitted with reflective strips on both legs above the knees, with an exception for

conditions stated in 3.2. bullet point 5.

3.3.2.2 Minimum Standard Specifications for Clean Condition Pants

• Material type D59 pre-shrunk 100% soft woven cotton fabric in accordance with SANS 1387-

4, flame retardant class C category 1.

• The trouser shall have no pockets.
• The trouser shall have no buttons.
• The pants shall have a waistband which shall be elasticated ruched at the back with draw

cord 10mm cotton belt string for fastening and without zip on the front no metal attachments.

• The colour shall be white.
• The Eskom logo shall appear on the right back in navy blue and shall be in accordance with

Eskom’s Corporate Identity.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• The Zero Harm identification shall appear on the left back side and shall be in accordance

with Eskom’s Corporate Identity.

• All personal protective clothing to be fitted with reflective strips on both legs’ circumference

on the inner upper leg.

• SANS 10101 for stitching.
• SANS 1362 for threads.
• Garment to be individually packed in sealed plastic bags.

3.3.2.3 Minimum Standard Specifications for Jackets (chemical and flame)

• The jacket shall have a collar.
• The front shall be an open type with fastenings.
• The jacket bottom shall have a plain hem, without side vents.
• Pockets shall be as required (see Annex A) and without flaps. For bottom pockets.
• Sleeves shall be one-piece long and set in.
• Front edges shall have grown-on facings of width at least 45 mm and the inside edges neatly

finished.

• Each front panel shall not have a yoke.
• The fronts shall fasten with a slide fastener that extends to at least 90 mm above the bottom

hem.

• A front with butted edges shall be such that the slide fastener is concealed and stitched down.
• Slide fasteners shall be secured to the fronts with two rows of stitching along each stringer.
• The back shall be plain (no centre back seam).
• Sleeves shall be of the one-piece.
• The sleeve ends shall have a plain cuff of width at least 15 mm.
• Pockets shall be patch pockets of outer material and shall have round corners.
• Pocket mouth hems shall be of finished Width 10 mm or 20 mm (see 4.5.14).
• Breast and side pockets shall be of finished measurement as given in Table 6.
• The breast pocket shall be positioned above the scye level in accordance with acceptable

patternmaking and garment construction practice.

• The colour shall be Navy Blue. Pantone 19_3920 for flame treated jackets and bottle green

for chemical treated jackets.

• The pencil pocket shall form part of the breast pocket and of width (mouth opening) at least

40 mm and the full depth of the breast pocket and shall be positioned at the centre front end

of breast pocket.

• The pencil pocket shall be formed by a row of vertical stitching from the front edge.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• Breast pocket flap shall be mitred, lined with outer material, and fasten in the centre with a

button and buttonhole.

• A flap shall be of depth at least 50 mm, at the mitred point and taper to at least 30 mm at the

ends.

• A flap shall be of such length as to overlap the pocket width, shall be positioned at least 10

mm above the pocket mouth and shall be securely tacked at each end; the bottom of a jacket

shall be finished with a plain hem.

3.3.2.4 Minimum Standard Specifications for Clean Condition Jacket

• The jacket shall have a collar.
• The front shall be closed one panel with a V-neck collar.
• Only material type D59 Pre-Shrunk 100% soft woven cotton fabric in accordance with SANS

1387-4, Flame Retardant class C category 1.

• The jacket shall have no pockets.
• No buttons on the garment.
• The colour shall be white.
• The Eskom logo shall appear on the left-hand top chest in navy blue and shall be in

accordance with Eskom’s Corporate Identity.

• The Zero Harm identification shall appear on the right-side sleeve and shall be in accordance

with Eskom’s Corporate Identity.

• All personal protective clothing tops to be fitted with reflective strips on both sleeves’

circumference on the inner upper arm.

• SANS 10101 for stitching.
• SANS 1362 for threads.
• Garment to be individually packed in sealed plastic bags.

3.4 Minimum Standard Specifications for Dust Coats

• The dust coat length shall be 3⁄4.
• The dust cost shall have pockets, front buttons, two front pockets, slit at the back.
• Buttons acceptable four-hole, dyed plastics buttons that comply with the requirements of

SANS 1457.

• Coats shall fasten with button and buttonhole and shall be equidistantly spaced.
• Buttons shall be secured to positions corresponding to the buttonholes.
• The pencil pocket shall form part of the breast pocket and of width (mouth opening) at least

40 mm and the full depth of the breast pocket and shall be positioned at the centre front end

of breast pocket.

• The pencil pocket shall be formed by a row of vertical stitching from the front edge.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• The back shall have a seam down the centre with a vent in the lower part of the seam.
• The vent shall have an overlap of 40 mm and shall be securely tacked and bar-tacked at the

top.

• A hanger loop of outer double folded material of finished length at least 70 mm and of finished

width at least 10 mm, shall be securely sewn in with the collar at the back neck on the inside.

• The bottom of the coats and the lower edge of plain sleeve cuffs shall have hems of finished

width at least 15 mm.

• Pocket mouths shall have hems of finished width at least 20 mm.
• Coat to be fitted with reflective strips on both sleeves’ circumference on the inner upper arm

and Zero Harm identification shall appear on the right side of the sleeve and shall be in

accordance with Eskom’s Corporate Identity.

3.5 Minimum Standard Specifications for Shirts

• All shirts must be of T006 satin weave 100% cotton fabric as per Annex C and treated with a

flame-retardant finish that complies with SANS 1423-1, class C category 1.

• The shirts shall comply only with the requirements and sizes referred to Annex A.
• Button front with yoke and two breast pockets and flaps to button closure.
• The pockets shall be 16 cm deep and 14 cm wide.
• The pockets and flaps shall have round edges.
• The flaps on the pockets shall have a pen division on the left side.
• The front pocket shall be fastened by means of non-conductive buttons.
• The collar shall be a standard shirt collar.
• The back of the shirt shall have an inverted pleat with hanger loop and yoke.
• Long-sleeved shirts shall have a cuff- 65 mm wide set-in long sleeve with two knife pleats

separate the cuff with button closure of non-conductive buttons. Sleeve opening bound with

binding.

• The shirt shall be corporate colour (Grey). (CKS 129-188c).
• The logo shall be embroidered in accordance with Eskom’s Corporate Identity.
• The front buttons shall be sewn onto a strengthened front and shall be non-conductive.
• The stitching shall comply with SANS 10101. Seams shoulder, sleeve and back yoke posted.
• Side seam and under arm safety stitch. Hems finished 10mm.
• The thread used shall comply with SANS 1362.
• The Zero Harm identification shall appear on the right side of the sleeve and shall be in

accordance with Eskom’s Corporate Identity.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

3.6 Minimum Standard Specifications for Ladies Shirts And Pants

3.6.1 Ladies Shirts

• All shirts shall be made of T006 satin weave 100% cotton fabric as per Annex C and treated

with a flame-retardant finish that complies with SANS 1423-1, class C category 1.

• The shirt sizes shall comply to Annex A
• The front of the long-sleeved shirts shall be button down plain collar with bust and waist darts.
• Two Breast pockets shall be 14cm deep and 14.5 cm wide.
• The pockets and flaps shall have cut – edges.
• The flaps on the pockets shall have a pen division.
• The pocket corners shall be back tacked.
• The pocket shall be fastened by means of non-conductive buttons.
• The collar shall be a standard shirt collar.
• Long-sleeved shirts shall have a cuff - 65 mm wide.
• The shirt shall be corporate colour (Grey). (CKS 129 -188c).
• The Eskom logo shall be embroidered in accordance with Eskom’s Corporate Identity.
• The front buttons shall be sewn onto a strengthened front and the buttons shall be non-

conductive.

• The buttonholes shall be 1.2 cm shirt type buttonholes.
• The hem shall be plain finished and shall be 1.5 cm in width.
• The stitching shall comply with SANS 10101.
• The thread used shall comply with SANS 1362.
• The Zero Harm identification shall appear on the right side of the sleeve and shall be in

accordance with Eskom’s Corporate Identity.

3.6.2 Ladies Pants

• Long pants shall be made of pre-shrunk 100% soft woven cotton fabric in accordance with

SANS 1387-4, Material Type D59, flame retardant SANS 1423-1, class C category 1.

• The size shall comply with the size specification in Annex A.
• Long pants shall have reverse pleats.
• The pants shall have a waistband which shall be elasticated ruched at the back with a zip

front and one (1) button on the front of the waistband and a plain bottom.

• The waistband shall be 38-40 mm in width.
• The pants shall have 2 side pockets.
• The pants shall be Eskom Navy Blue Pantone 19_3920.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

• The Eskom logo shall be applied in accordance with Eskom’s Corporate Identity and shall be

embroidered on the right back pocket of the pants.

• The stitching shall comply with SANS 10101.
• The zip fastener shall comply with SANS 1822 style A figure 3 and be of a non-conductive

material.

• The thread used shall comply with SANS 1362.
• The Zero Harm identification shall appear on the left back pocket of the pants and shall be in

accordance with Eskom’s Corporate Identity.

• Pants to be fitted with reflective strips on both legs above the knees, with an exception for

conditions stated in 3.2. bullet point 5.

3.7 Minimum Standard Specifications Thermal Jackets (Winter Jackets)

• Jackets shall be insulated with pre-shrunk hollow cotton fibre 135 g/m2 which is made of non-

flammable material, the inner material shall be a tartan lining, 100% cotton of a darkish colour,

with the outer covering be pre-shrunk 100% soft woven fabric in accordance with SANS

1387-4, Material Type D59, flame retardant. (SANS 1423-1), class C category 1.

• The size shall be in accordance with Annex A.
• The jackets shall have one chest pocket and four side pockets. The side pocket shall be the

bellows type with a side entry into another separate pocket and shall be 22 cm deep and 21

cm wide.

• The pockets shall have flaps with cut-off edges that can be fastened by means of non-

conductive press studs.

• Chest pockets shall be the bellows type – 15 cm deep and 14 cm wide.
• The jackets shall reach below the buttocks.
• The jackets shall have non-conductive press-studs down the front on a double panel strip as

well as a non-conductive zip complying with SANS 1822 and be intact front and back.

• The sleeve cuffs shall have two non-conductive press-studs at the end of the sleeve so that

the size can be adjusted.

• The Eskom logo shall be embroidered in accordance with Eskom’s Corporate Identity.
• The stitching shall comply with SANS 10101.
• The thread used shall comply with SANS 1362.
• The jacket shall comply with the Eskom identity requirements and shall be Eskom Navy blue

(Pantone 19_3920 as per corporate colour code.

• The thermal jacket to be fitted with reflective strips on both sleeves’ circumference on the

inner upper arms.

• The Zero Harm identification shall appear on the right side of the sleeve and shall be in

accordance with Eskom’s Corporate Identity.

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

Eskom Personal Protective Equipment (PPE) Unique Identifier: 240-44175132

Revision: 2

Page:

3.8 Minimum Standard Specifications for Rain Protection (Rain Suits)

• The fabric for the jacket and trousers shall be a minimum of 180 grams per square meter with

the face side 100% polyester, plain weave with 170 threads per square inch and coated with

a water-resistant coating.

• The "under" side to be laminated with PVC coating. Seams strength to be 50kPa, (converts

to 50kN/m2). The lining to be 80% polyester and 20% cotton. All sizing benchmark to SANS

434 see size chart Annexure E for rain wear and chemical chart specification.

• The rain jacket shall have a nylon spiral zip and a closed fly front secured by non-conductive

press-studs and shall comply with SANS 1822 type 5(auto lock alloy sliders).

• The hood shall be attached to the rain jacket.
• The rain jacket shall cover the buttocks.
• The sleeves shall have a false elastic sleeve at the end (made of a softer material) to prevent

rain entering the sleeve.

• The pants shall have two side slits and elasticised waist.
• Rain suits shall be Navy blue in colour.
• The rain suit shall be fitted with reflective strips on both sleeves’ circumference on the inner

upper arm, reflective strips on both legs above the knees

• The Zero Harm identification shall appear on the right side of the sleeve and shall be in

accordance with Eskom’s Corporate Identity.

• The Eskom logo shall be silk-screened in accordance with Eskom’s Corporate Identity, on

the front and on the back.

• The size of the Eskom logo on the front shall be 65 mm high and on the back the Eskom logo

shall be 150 mm high.

3.9 Minimum Standard Specifications for Chemical Protection (Chemical Suits)

• The fabric for the jacket and pants shall be a minimum of 400 grams per square meter, PVC

Coated Polyester, Tear strength weft 40N and warp 30N, burst strength weft 655N/50mm,

warp1232N/50mm, and coating adhesive 15N/50mm.

• Polyester base fabric to be 100% polyester weight 80 grams per square meter and yarn/cm

16 by 14.5.

• Rain suits shall be Hi Vis Yellow in colour. This is global the international colour for chemical

rainwear.

• Hook and loop tape 20mm-white and draw cord 3mm polyester, seams to be high frequency

welded.

• The chemical rain jacket shall have a nylon spiral zip and a closed fly front secured by acid

resistant press-studs and shall comply with SANS 1822 type 5(auto lock alloy sliders).

• The hood shall be attached to the rain jacket.
• The chemical rain jacket shall cover the buttocks.

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

Bidders must comply with Eskom's safety procedures (Right of Refusal to Work in an Unsafe Situation Procedure) and Personal Protective Equipment (PPE) Standard as detailed in Attachment 9.

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

Bidders must acknowledge and comply with the e-Tendering training requirement as per the acknowledgement form.

Bidders must complete and submit the E-Tendering Training Acknowledgement Form (Annexure 1) to confirm they have undergone self-training on the e-Tendering system. Non-submission may lead to disqualification.

The invitation covers building and infrastructure maintenance services at Ingula Pumped Storage Scheme on an as-and-when-required basis for a five-year period. Tender number E3487GXPOU was issued on 04 September 2026, closes at 10h00 on 06 October 2026, and tenders must stay valid for 12 weeks.

Closing — 06 October 2026 at 10h00 South African Standard Time.

Compulsory clarification meeting — 14 September 2026 at 11:00 via Microsoft Teams. Attendance is compulsory; bidders who do not attend are disqualified. Physical site attendance is not required. Bidders must confirm attendance with the Eskom Representative, giving the name, position and contact details of each proposed attendee.

Meeting access — Teams link: https://teams.microsoft.com/meet/359938769603162?p=2IKrfmeXGKd1stOCr2; Meeting ID: 359 938 769 603 162; Passcode: 3nk97Bd9.

Clarification deadline — written queries must reach the Eskom Representative at least five working days before the tender deadline.

Validity — tenders must remain valid for 12 weeks from the closing date and time.

Compulsory clarification meeting — 14 September 2026 at 11:00 via Microsoft Teams. Link: https://teams.microsoft.com/meet/359938769603162?p=2IKrfmeXGKd1stOCr2; Meeting ID: 359 938 769 603 162; Passcode: 3nk97Bd9. Attendance is compulsory; non-attendance disqualifies. Bidders must confirm attendance with the Eskom Representative and provide name, position and contact details for each attendee. Physical site attendance is not required.

Eskom Representative — Sinazo Sizani, tel 021 941 5763, email [email protected]. Written queries and clarifications must be sent to this representative.

Procurement Manager — Ms. Zodidi Mavume.

Fraud and corruption hotline — 0800 11 2722 or [email protected].

Submission channel — upload the complete tender electronically through the Eskom E-tendering site (Eskom Tender Bulletin) before the closing deadline. Files must be placed under the Technical, Commercial, Financial and Other folders. All documents, including the price list, must be PDF; no zip or condensed files and no hard copies are accepted. Each upload may be up to 500 MB and the total submission up to 4 GB. If a tender is resubmitted, the latest version replaces all earlier submissions and the status must be marked complete. Late tenders are rejected.

Mandatory returnables at closing — complete, sign and submit Annexure A (Authorisation Form), Annexure B (Acknowledgement Form), Annexure C (Tenderer's Particulars), Annexure D (Integrity Pact Declaration), Annexure E (CPA declaration for local goods/services), Annexure H (SBD 1 Invitation to Bid), Annexure I (SBD 6.1 Preference Points Claim), Annexure J (SBD 4 Bidders Disclosure), Annexures G1–G4 (SBD 6.2 Local Production and Content declarations where designated materials apply), the Tax Evaluation questionnaire for services contracts and the E-tendering Help Manual acknowledgement. Other closing returnables include the completed NEC3 Term Service Contract with pricing schedule, Technical Evaluation Criteria, Category 3 quality returnables and the listed OHS documents. Missing disqualifying returnables make the tender non-responsive.

Scoring returnables — preference-point evidence under SBD 6.1, including B-BBEE certificate or affidavit, ownership/shareholding proof, certified ID copies and disability proof where claimed, is not disqualifying if omitted; the bidder simply scores zero for specific goals.

JV/consortium — submit the JV/consortium agreement confirming joint and several liability, written confirmation that the JV will operate as a single business entity, and a designated bank account in the JV name.

Other submission rules — alternative tenders are not allowed; no public tender opening is held; prices are not read out; tenders signed by non-authorised persons are disqualified.

Mandatory returnables (disqualifying if missing) — 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, Annexure I SBD 6.1, Annexure J SBD 4, Tax Evaluation questionnaire and E-tendering Help Manual acknowledgement.

Conditional returnables — Annexure F CPA(IG) for foreign goods/services (not applicable) and Annexures G1–G4 SBD 6.2 local content declarations only if designated materials are included.

Scoring returnables — SBD 6.1 preference-point evidence (B-BBEE certificate or affidavit, ownership proof, certified IDs, disability proof).

Other closing documents — completed NEC3 Term Service Contract with pricing schedule, Technical Evaluation Criteria (Attachment 5), Category 3 quality returnables (Attachments 6–8), safety documents (Attachment 9 and listed OHS procedures), Scope of Work (Attachment 3), Non-Disclosure Agreement (Attachment 11), Supplier Declaration of Interest (Attachment 12), Eskom Standard Conditions of Tender (Attachment 13) and CIDB CSDG (Attachment 14).

Submission format — upload via Eskom E-tendering under Technical, Commercial, Financial and Other folders; PDF only; price list in PDF; no zip; no hard copy; max 500 MB per document and 4 GB total; the latest resubmission supersedes earlier versions; the status must show complete.

Eligibility screening — bidders must not be restricted from doing business with Eskom or state-owned companies, must not be of a nationality on international sanctions lists, must not submit more than one tender, must not have conflicts of interest, must not be restricted by National Treasury, must not appear on the Tender Defaulters list and must not be restricted by Eskom. Tenders signed by unauthorised persons and 100% subcontracting of the scope are disqualifying.

Mandatory technical criteria — the compulsory Microsoft Teams clarification meeting must be attended; non-attendance disqualifies the bidder.

Technical threshold — qualitative technical criteria are scored on a weighted basis; a minimum of 70% must be achieved to continue. Evidence not submitted by the closing date scores zero for each criterion.

Preference points — the PPPFA 80/20 or 90/10 system applies. Price is scored out of 80 or 90 points and specific goals out of 20 or 10 points. Bidders without B-BBEE evidence will not be disqualified but will receive zero for specific goals.

Price scoring — prices are evaluated inclusive of VAT, corrected for arithmetic errors, with contingencies excluded and adjustments made for acceptable variations; NPV comparison and unconditional discounts are taken into account. Conditional discounts are applied only at payment stage.

Specific goals — scored under PPPFA and aligned to SDL&I objectives; Contract Skills Development Goals (CSDG) apply and Contract Participation Goals do not. Reverse e-auction and objective criteria are not applicable.

Award — the highest combined price and specific-goal score, rounded to two decimal places, wins the contract.

Scope — building and infrastructure maintenance services at Ingula Pumped Storage Scheme, provided on an as-and-when-required basis for five years.

Service model — works are called off as required; bidders must be able to respond to maintenance needs across the scheme.

Site knowledge — the compulsory clarification meeting is virtual; physical site attendance is not required. Bidders must still understand site conditions, access requirements, operational constraints and the geographical spread of the contract.

Technical evidence — the Technical Evaluation Criteria define the mandatory and qualitative criteria. Qualitative evidence must be submitted by the tender closing date; missing evidence scores zero per criterion.

Professional registrations — where the scope requires, include ECSA/SACPCMP registrations, CVs, permits, licences and other scope-specific registration documents.

Contract — the NEC3 Term Service Contract (TSC3) governs the services and contains the pricing schedule.

Quality returnables — Category 3 Quality Criteria listing all tender returnables (Attachment 6), Form A Category 3 Rev 9 (Attachment 7), and Supplier Quality Management specification 240-105658000 (Attachment 8, for reference only). Submission of the Category 3 quality returnables is required.

The pricing schedule is included in the NEC3 Term Service Contract (TSC3) and must be completed and submitted with the tender. The completed price schedule is a closing returnable. Supporting attachments include the Technical Evaluation Criteria and the quality and safety returnable documents.

Pricing schedule — the completed pricing schedule is contained in the NEC3 Term Service Contract (TSC3) and must be submitted in PDF format.

Evaluation — prices are scored inclusive of VAT, corrected for arithmetical errors, with contingencies excluded; unconditional discounts are considered and conditional discounts are applied at payment.

Payment terms — Eskom pays within 30 days of receipt of undisputed invoices for contracts below R50 000 000 (incl. VAT) and within 60 days for contracts above R50 000 000 (incl. VAT).

Financial statements — latest approved annual financial statements are required for CIDB-related transactions from R30 000 excluding VAT. The AFS must be of the tendering company, not the parent or holding company, and include the 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. SA entities that are not audited must also provide the signed public interest score and ITA34C for the current and previous years.

JV/SPV — each partner in an unincorporated JV or SPV must submit its own annual financial statements.

Security — performance security is not applicable for this tender.

Negotiation — Eskom may negotiate with preferred bidders after the competitive process if tendered prices are not market-related.

CSD — registration on the Central Supplier Database is mandatory; provide a CSD number or CSD report.

Tax — provide a SARS e-filing PIN for verification or a tax clearance certificate if not verifiable on CSD/SARS. Foreign suppliers with no SA footprint are exempt from tax compliance proof.

CIDB — required grading is 4CE or 4GB or higher, or capability to register within 21 working days from closing. JV members must all be CIDB-registered; the lead partner must hold 3CE/3GB or not more than one level below required, and the combined grading must meet 4CE/4GB. Proof of grading is required at closing or within 21 working days if agreed.

B-BBEE — submit a valid B-BBEE certificate from a SANAS-accredited verification agency, a sworn affidavit or a CIPC affidavit, together with proof of ownership/shareholding, certified ID copies and disability proof where claimed.

Tax evaluation — complete the PAYE personal service provider questionnaire for this services contract.

Employment Equity — designated employers must prove compliance with the Employment Equity Act, including submission of the EE report to the Department of Labour (SA tenderers only).

COIDA — SA tenderers must submit an original certificate of good standing or proof of application from the Compensation Fund or a licensed compensation insurer.

Local content — if designated materials are included, complete SBD 6.2 (Annexures G1–G4) confirming local production and content declarations.

Quality and safety — submit Category 3 quality returnables, Form A Category 3 Rev 9, Supplier Quality Management specification, Annexure B H&S Acknowledgement Form, Annexure C1 High Risk OHS Tender Evaluation and all listed OHS procedures and standards.

Additional declarations — Integrity Pact (Annexure D), Non-Disclosure Agreement, Supplier Declaration of Interest and acceptance of Eskom Standard Conditions of Tender are required.

Specific goals are scored out of 20/10 points under the PPPFA. B-BBEE status must be evidenced by a certificate from an authorised body, a sworn affidavit, or as otherwise prescribed under the B-BBEE Act. Contract Skills Development Goals (CSDG) apply; the SDL&I Strategy (Attachment 14) sets out RDP-aligned objectives; Contract Participation Goals are not applicable.

Safety returnables — Annexure B H&S Acknowledgement Form, Annexure C1 High Risk OHS Tender Evaluation, Peaking OHS Baseline Risk Assessment, High Risk OHS Requirements for Peaking Rev 3, substance abuse management procedure, OHS incident management procedure, driver and vehicle safety procedure, Life-Saving Rules Standard and Acknowledgement Form, employees' right of refusal procedure, PPE requirements and non-compliance memo, OHS risk assessment procedure, work-at-height standard, and COIDA certificate of good standing or proof of application for SA tenderers.

The contract conditions will be the NEC3 Term Service Contract (TSC3). Payment terms are 30 days for contracts below R50 million (incl. VAT) and 60 days for contracts above R50 million (incl. VAT), measured from receipt of undisputed invoices.

Clarification queries must be submitted in writing at least five working days before the tender deadline. Alternative tenders are not allowed. There is no public opening of tenders and prices are not read out. Eskom may negotiate with preferred bidders if tendered prices are not market-related. Main contractors must declare any subcontracting with subsidiary companies.

Mandatory requirements — attend the compulsory Microsoft Teams clarification meeting; hold CIDB grading 4CE/4GB or higher (or a JV where each member is registered, the lead partner holds 3CE/3GB or one level below, and the combined grading meets the requirement); be free of restrictions on doing business with Eskom or state-owned companies; do not submit alternative tenders; do not subcontract 100% of the scope; declare any subcontracting with subsidiary companies.

Functionality threshold — bidders must score at least 70% in the qualitative technical evaluation. Price evaluation — inclusive of VAT, corrected for arithmetic errors, excluding contingencies, adjusted for variations, and based on NPV comparison; unconditional discounts count. Price points — 80/90; specific goals — 20/10; ranking uses the 80/20 or 90/10 system and the contract goes to the highest combined score.

Bidders must complete and sign Form A Cat 3 to confirm acceptance of the Eskom Supplier Quality Requirements as per specification 240-105658000 and the ISO 9001 standard.

Mandatory returnable document:

• Form A Cat 3 (Supplier Quality Requirements Acknowledgement): must be completed and signed to acknowledge acceptance of Eskom Supplier Quality Requirements per specification 240-105658000 and ISO 9001 standard. Failure to submit this form may result in disqualification.

The bid is subject to the bidder's acceptance of the Eskom Supplier Quality Requirements as per specification 240-105658000 and ISO 9001 standard, evidenced by completion of Form A Cat 3. No evaluation scoring split, minimum qualifying thresholds, or preference points are stated in the provided document.

Scope: Provision of building and infrastructure maintenance services at the Ingula Pumped Storage Scheme on an as-and-when-required basis for a period of five (5) years. No further technical details, quantities, service levels, or standards are provided in the document.

Bidders must complete and sign Form A Cat 3 to acknowledge acceptance of Eskom Supplier Quality Requirements per specification 240-105658000 and ISO 9001 standard. No CSD registration, tax clearance, B-BBEE, CIDB, or other compliance requirements are mentioned in the document.

Provision of building and infrastructure maintenance services at Eskom Peaking Sites (Ingula Pumped Storage Scheme) on an as-and-when-required basis for a period of five years.

{"closingDate":"06 August 2024"}

This document is a quality returnables checklist and evaluation scorecard (Attachment 6) for Eskom tender E3487GXPOU. It lists the mandatory quality-related documents bidders must submit and defines the scoring criteria for quality evaluation. The selected category (Category 3) requires an implemented QMS, internal audit reports, draft quality plans, and documented responsibilities.

Bidders must complete the Quality Returnables spreadsheet (Attachment 6) by selecting the applicable category, completing the required fields, saving as PDF, and signing. Category 3 is selected for this tender and requires: Form A, an implemented Quality Management System, an internal management system audit report with nonconformity and corrective action reports, a draft Contract Quality Plan (CQP) and Inspection & Test Plan (ITP) per the scope of works (ref ISO 10005), and documented information for roles, responsibilities and authorities.

Quality documentation is evaluated using a weighted scorecard with five sections: A (QMS requirements – either valid ISO 9001 certification or evidence of an implemented QMS, weight 0.25), B (evidence of QMS in operation, weight 0.25), C (draft Contract Quality Plan, weight 0.2), D (Quality Control Plan/ITP, weight0.2), E(Form A and additional requirements, weight0.1). Normal weights apply. The scorecard uses Option 2 (evidence of QMS in operation) for evaluation. Minimum qualifying scores are not stated.

The scope is building and infrastructure maintenance at Ingula Pumped Storage Scheme on an as-and-when-required basis for five years. Bidders must provide a draft Contract Quality Plan and Inspection & Test Plan specific to this scope.

Bidders must demonstrate a quality management system meeting ISo 9001 standards, either through valid certification (Option 1) or through documented evidence of an implemented QMS (Option 2) as per the evaluation criteria. Submission of a completed and signed Form A is mandatory.

The Fourth Schedule to the Income Tax Act requires Employees' Tax to be withheld from remuneration. This questionnaire is intended to establish whether an Individual, Close Corporation, Company, or Trust is classified as an Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor, and the tax consequences. It applies only to contractors supplying services or labour to Eskom and its subsidiaries.

{"closingDate":"1 March 2022"}

The completed Pack must be returned, including the signed summary sheet and signed affidavits (Appendices 1 to 9). These documents confirm tax status and compliance with conditions such as employing full-time non-connected employees, not rendering services personally by connected persons, not performing services mainly at Eskom, and not receiving more than 80% income from one client.

Bidders must be residents of South Africa (or sign Appendix 9 if non-resident). Companies/CCs/Trusts must determine if they are Personal Service Providers; individuals must determine if they are Dependent Contractors. Bidders must sign the appropriate appendices (e.g., Appendix 1, 2, 3, 4, 5, 6, 7, 8) based on their answers. Failure to sign required affidavits/declarations may result 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