Upgrade hmi simulator at matla power station for a period of two (02) years

{"closingTime":"2.2","briefingSession":"{"date":null,"time":null,"venue":"tend a site visit and/or clarification meeting that is stipulated as being","is_compulsory":true}"}

{"name":null,"email":null,"phone":null,"department":"Supply Chain Management","address":"g time 2.2 Ensure that Eskom has received the complete original tender and one (1) complete hard"}

Bidders must comply with eligibility criteria stated in the Tender Data and must not be under any restriction to do business with Eskom or State-Owned Companies. Tenderers must be registered on the CSD (Central Supplier Database) and have a valid tax clearance (SARS TCS or tax pin). Bidders must meet any pre-qualification criteria, including B-BBEE level, as stipulated in the Invitation to Tender. If CIDB grading is stipulated, bidders must be registered with CIDB at closing date or capable of registration within 21 working days, with proof of registration mandatory at closing. Bidders must not have misrepresented or falsified any information; fraud or fronting will lead to disqualification and reporting to the B-BBEE Commission. Tenders must include mandatory returnables as listed in the Invitation to Tender; failure to submit them by closing time results in disqualification.

Supply Chain

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

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

Invitation to Tender documents.

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

Representative only, in w

of a tenderer.

Cost of tendering 2.6 Accept that Eskom will not compensate the tenderer for any costs incurred in the preparation

and submission of a tender, including the costs of any testing necessary to demonstrate that

aspects of the tender satisfy the evaluation criteria, or the negotiation of any contract.

Submitting a tender 2.7 Check the Invitation to Tender documents on receipt and notify the Eskom representative of

any discrepancy or omitted documents. The Acknowledgement Form must be completed

and submitted with the tender and must clearly state if the tender is for the whole or part of

the works, services or supply identified in the specification and/or works information by

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

the closing date and time for submission.

In writing’ means hand-written, typed, type-written, printed or electronically made, and that

results in a permanent record.

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

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

insurance.

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

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

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

submission.

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

contract price adjustment except as provided for in the Invitation to Tender.

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

to Tender. The selected conditions of contract may provide for part payment in other

currencies. Therefore, submit Rates/Prices in Rands in accordance with the exchange rate

and base date as stipulated in the Invitation to tender.

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

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

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

tender. Corrections may not be made using correction fluid, correction tape or the like.

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

of alternative tenders is permitted by the Invitation to Tender. Accept that an alternative

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

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

correction of Prices during the evaluation of tenders. However, documents identified as mandatory tender

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

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

phases, as this is regarded as ‘double dipping’.

Designated 3.12 Tenderers are also required to submit information on designated material and

materials and thresholds no later than contract award. If this information is not completed and

thresholds submitted as indicated in the Invitation to Tender, your tender will not be considered for

contract award

Functionality 3.13 If functionality is a criterion, tenderers will be scored against the functionality criteria and

requirements will be required meet the minimum threshold stated in the Tender Data to proceed to

further evaluation.

Financial analysis 3.14 Eskom has to determine the risk of doing business with a supplier who may pose a

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

financial statements, Eskom will attempt to identify mitigating factors or requirements for

the tenderer to meet, if such factors/requirements exist in the tender’s context. However,

should suitable mitigating factors not exist in the tender’s context or should mitigating

factors exist but be insufficient or if the risk is considered to be too high or should the

tenderer not agree with the mitigating factors, the tenderer will not be considered for

award.

Evaluation of Price 3.15 Evaluate the Price in accordance with the criteria/requirements in the Tender Data. Factors

such as CPA, FOREX, commodity exposure, unconditional discounts, technical

adjustment, PV and forecasted rates of invoicing are taken into account when determining

the evaluation Price.

Arithmetical errors 3.16 Check responsive tenders for arithmetical errors. If there is a discrepancy between an

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

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

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

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

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

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

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

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

corrected prices.

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

as follows: -

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

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

item total shall prevail, and the rate shall be corrected.

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

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

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

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

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

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

tendered total of the prices.

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

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

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

Ranking of tenders 3.19 According to the PPPFA, Eskom will add the score for Pricing and the Specific Goals

together and rank the suppliers from the highest to the lowest.

Objective criteria 3.20 A contract may be awarded to a tenderer that did not score the highest points only in

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

2000. If Eskom intends to apply Objective Criteria envisaged in section 2(1)(f), Eskom

must stipulate the Objective Criteria in the Invitation to Tender. Functionality and any

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

CSD report or as per certificate/affidavit provided

CSD number/CSD report) must be provided at the closing date and time for

CSD number or B-BBEE certificate/affidavit will need to be

B-BBEE Details: kom Representative and

Agreement to sign the contract documents.

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

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

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

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

(NT instructions, content and/or production by the dtic, PPPFA Regulations; Amended B-BBEE Codes, COIDA;

CIDB, PPPFA etc) OHS Act; Eskom’s requirements for Safety, Health, Environment and Quality (SHEQ) and any other

applicable legislation or regulatory instruments indicated in the Invitation to Tender.

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

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

Environment and closing date and time for tender submission stipulated in the Invitation to Tender and/or

Quality Contract Award. All costs and personnel associated with SHEQ must be reflected in the

requirements tender.

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

are required to be registered with the Construction Industry Development Board at the

closing date and time for submission of tenders or to be capable of being so registered

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

tenders.

Where CIDB is applicable; proof of registration on CIDB is mandatory at the closing date

and time for tender submission. Should this not be received as stipulated

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

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

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

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

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

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

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

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

(NT instructions, content and/or production by the dtic, PPPFA Regulations; Amended B-BBEE Codes, COIDA;

CIDB, PPPFA etc) OHS Act; Eskom’s requirements for Safety, Health, Environment and Quality (SHEQ) and any other

applicable legislation or regulatory instruments indicated in the Invitation to Tender.

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

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

requirements tender.

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

are required to be registered with the Construction Industry Development Board at the

closing date and time for submission of tenders or to be capable of being so registered

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

tenders.

Where CIDB is applicable; proof of registration on CIDB is mandatory at the closing date

and time for tender submission. Should this not be received as stipulated in the Invitation to

Tender; the tender will be disqualified. However, in the event that, at the closing date and

time for tender submission, only proof of application for registration on CIDB is available,

then this must be submitted by the closing date and time for tender submission, while the

actual proof of CIDB registration (printout from CIDB database) must be submitted by

contract award

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

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

(CSDG) Standard for Developing Skills through Infrastructure Contract (published in GN 1779,

Government Gazette No. April 2023)

that has a duration of 12 months or more, and to:

a contract of R5 million or more, in the case of a professional service or service contract

or an order issued in terms of such a contract; or

a CIDB grading designation of grade 7 or higher, in case of an engineering and

construction works, or design and build contract or an order issued in terms of such a

contract.

Contract 2.30 The Contractor shall achieve in the performance of the contract the Contract Participation

Participation Goals Goals (CPG) relating to the engagement of targeted enterprises as established in the CIDB

(CPG) standard for indirect targeting for enterprise development through Construction works

contracts (published in Government Gazette No. February 2013).

enterprises as established in the aforesaid standard applies to:

construction works contracts in the General Building (GB) and to Civil Engineering (CE)

classes of construction works;

construction works contracts of an estimated minimum project duration of 6 months; and

construction works contracts in which at least 25% of the main contract could reasonably

be expected to be subcontracted out in one or more of the following CIDB classes of

construction works:

Civil Engineering (CE)

Electrical Engineering Work (EB)

) General Building Works (GB)

) Mechanical Engineering (ME)

2.31 Eskom may disqualify a tender if it is found that the tenderer has misrepresented or

falsified any information, certificate, affidavit or document. Eskom will report any fraud

in relation to a tenderer’s B-BBEE certificate/affidavit, or evidence of ‘fronting’ as

defined in the B-BBEE Act , as amended, to the B-BBEE Commission. The

tenderer will be suspended from business with any State-Owned Company for up to 10

years and may even be sentenced to jail.

2.32 Tenderers are also required to complete fully and submit the SDL&I Undertaking

(annexure to the Invitation to Tender) by no later than contract award. If the SDL&I

Respond 3.1 Respond to a request for clarification that Eskom receives before the closing date for

clarification clarification or queries. Eskom’s responses will be published to all tenderers in the same

manner the Invitation to Tender documents were issued. It is the tenderers’ responsibility

to check the Eskom Tender Bulletin and NT e-Tender Portal regularly for updated

responses to clarifications.

Issue Addenda 3.2 If necessary and prior to the closing date and time for tender submission, amend, amplify, or

add to the Invitation to Tender documents by way of Addenda published in the same

platform that the Invitation to Tender was issued. It is the tenderers’ responsibility to

check the Eskom Tender Bulletin and NT e-Tender Portal regularly for Addenda.

electronically. The Eskom Representative will publish the names of all tenderers received

on the Eskom Tender Bulletin and NT e-Tender Portal.

Tender Prices 3.5 Eskom will announce the names of the tenderers. Prices may be announced if so, stated

in the Tender Data.

Non-disclosure 3.6 Unless required by law, Eskom will not disclose information relating to the evaluation and

comparison of tenders and recommendations for the award of a contract to tenderers or to

any other person not officially concerned with the tender process until after the tender

award.

Grounds for 3.7 Reject a tender if Eskom establishes that there is proof that the tenderer influenced the

rejection processing of tenders or the awarding of the contract, the existence of collusion and/or bid

rigging, and/or that the tenderer has participated in any fraudulent/illegal activity in

connection with the Invitation to Tender.

Clarification of a 3.8 Obtain clarification from a tenderer in respect of any matter in the tender that may not be

tender clear or that could give rise to ambiguity in a contract arising from this tender if the matter

were not to be clarified. A document that the Invitation to Tender identifies as a mandatory

tender returnable that is required to be submitted at the closing date and time for tender

submission will not be requested, but Eskom may seek clarity on it.

may utilise reverse e-auction in certain Enquiries. Where reverse e-auction will be utilised,

this will be indicated in the respective Invitation to Tender and the reverse e-auction

supporting documents will be issued in the Invitation to Tender. Tenderers will be required

to submit a complete tender that does not contain Prices. If a tenderer has included prices

in its tender, the prices will not be considered.

Acceptance of 3.22 Notify Eskom's acceptance to the successful tender before the expiry of the validity period

tender or agreed additional validity period. Inform the successful and unsuccessful tenderers only

once approval has been granted by the Eskom Adjudication Authority. For open tenders,

this notification must be published on the Eskom Tender Bulletin and NT e-Tender Portal

Prepare contract 3.23 Revise the contract documents issued by Eskom in the Invitation to Tender documents to

documents take account of:

 Addenda issued during the tender period;

 inclusion of returnables stipulated in the Invitation to Tender;

 inclusion of changes agreed in contract negotiations; and

 Other revisions or documents agreed to between Eskom and the successful

tenderer during negotiations,

Sign Form of 3.24 Arrange for authorised signatories of both parties to complete and sign the original and one

including the Eskom Representative shall not be liable for any losses, claims or damages of

whatsoever nature or howsoever arising that may be sustained by a tenderer or any other

person as a result of its participation in the tender or from any amendment, termination or

suspension of the process set out in the Invitation to Tender or from its exclusion from

participating in the tender process at any point.

Eskom’s right to 1.7 Eskom reserves the right to enter into mandated negotiations with any, one or more selected

negotiate tenderer(s) in accordance with Eskom’s approved procurement policies and procedures.

240-62044728 Rev 12 Eskom Standard Identifier

Conditions of Tender Effective Date 01 February 2025

Review Date January 2030

Disclaimer 1.8 While Eskom takes all reasonable measures to ensure that all information contained in the

regarding accuracy tender documents is correct and complete, Eskom does not, however, make any

of tender representations or warranties, express or implied, as to the accuracy or completeness of

documents such information and Eskom expressly disclaims any, and all liability for such

representations, warranties or statements.

Tenderer’s 2. The tenderer shall comply with the following obligations when submitting a tender and shall:

Tender validity 2.12 Hold the tender(s) valid for acceptance by Eskom at any time within the validity period after

the closing date and time for tender submission. Extend the validity period for a specified

additional period if Eskom requests the tenderer to do so. A tenderer that agrees to extend

the validity of its tender will not be required or permitted to modify its tender. A tenderer that

does not agree to extend the validity of its tender will be excluded from further

consideration. Tenderers will be requested to extend the validity of their tenders until a

contract(s) have been concluded with one or more tenderers. A request that a tenderer

extend the validity of its tender is not a representation that the tender is an acceptable

tender or that Eskom will seek to negotiate or conclude a contract with the tenderer. If the

validity of tenders expires before contracts have been concluded, the procurement process

is deemed to have concluded without an award.

Confidentiality and 2. 13 Treat as confidential all matters that arise in connection with the procurement. Use and copy

copyright of the documents provided by Eskom only for the purpose of preparing and submitting a tender

documents in response to this Invitation to Tender.

Standardised 2.14 Obtain and familiarise themselves with, if required for the purposes of submitting a tender,

specifications and the latest revision of standardised specifications and/or other documents that have been

other publications incorporated by reference into the Invitation to Tender documents by reference.

Site visit and / or 2.15 Tenderers must attend a site visit and/or clarification meeting that is stipulated as being

clarification compulsory in order to familiarise themselves with the proposed work, services, supply,

meeting location or similar. Failure to attend a clarification meeting or site visit that is identified as

compulsory will result in disqualification from participation.

Details of the meeting(s) are stated in the Tender Data. Tenderers are entitled to ask

correction of errors as required above.

Evaluation of 3.17 Score the B-BBEE level as stated on the CSD report or as per certificate/affidavit provided.

B-BBEE If the B-BBEE level is a pre-qualification criterion; then the proof of the B-BBEE level

(certificate/CSD number/CSD report) must be provided at the closing date and time for

tender submission; or the tender will be disqualified. If sub-contracting to designated groups

pre-qualification criteria are utilized (selected/mandatory) in terms of the PPPFA

Regulation, then Eskom will apply the PPPFA requirements for sub-contractors’ B-BBEE

status and the sub-contractors’ CSD number or B-BBEE certificate/affidavit will need to be

provided at the closing date and time for tender submission. Should the

information/documents provided indicate that the level is in dispute (fraudulent/ expired)

then the tender will be disqualified.

However, for the purposes of PPPFA point allocation: if no B-BBEE certificate/affidavit is

provided at Tender closing date and time for tender submission, or the

information/documents provided are fraudulent or have expired; then the tenderer will not

be disqualified (if otherwise deemed to be responsive and acceptable in all other aspects)

but will score zero under PPPFA point allocation.

Evaluation of 3.18 Score the Specific Goals with reference to the supporting documentation in the tender. If a

are submitted and accessible for downloading/evaluation without any challenges as well as

It must be noted that Eskom will not measure a criterion twice in the different evaluation

Functionality 3.13 If functionality is a criterion, tenderers will be scored against the functionality criteria and

further evaluation.

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

Evaluation of Price 3.15 Evaluate the Price in accordance with the criteria/requirements in the Tender Data. Factors

the evaluation Price.

but will score zero under PPPFA point allocation.

Evaluation of 3.18 Score the Specific Goals with reference to the supporting documentation in the tender. If a

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

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

Ranking of tenders 3.19 According to the PPPFA, Eskom will add the score for Pricing and the Specific Goals

Objective criteria 3.20 A contract may be awarded to a tenderer that did not score the highest points only in

must stipulate the Objective Criteria in the Invitation to Tender. Functionality and any

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

Reverse e-Auction 3.21 Reverse e-auction is an electronic system that utilises the 90/10 and 80/20 Price and

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

(NT instructions, content and/or production by the dtic, PPPFA Regulations; Amended B-BBEE Codes, COIDA;

CIDB, PPPFA etc) OHS Act; Eskom’s requirements for Safety, Health, Environment and Quality (SHEQ) and any other

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

Quality Contract Award. All costs and personnel associated with SHEQ must be reflected in the

However, for the purposes of PPPFA point allocation: if no B-BBEE certificate/affidavit is

{"closingDate":"01 August 2012"}

Bidders must complete and submit the Declaration of Fair Tender Schedule T2.2a No. 2, confirming that the tender is bona fide and that no collusion or price-fixing has occurred. The signatory must be authorised to act on behalf of the tenderer.

I, the undersigned [insert full name of signatory] __________________________________________,

duly authorised to complete this tender in my capacity as [insert capacity, i.e., member, director, partner, etc]

__________________________ on behalf of the tenderer [insert full name of the business entity]

certify that, to the best of my knowledge, the information furnished herein is true and correct.

{"name":null,"email":null,"phone":null,"department":" 100%","address":"Minimum threshold for local"}

Bidders must complete and submit the standard SBD forms, including SBD 1 (Invitation to Bid), SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), SBD 6.2 (Declaration for Local Production and Content), SBD 8 (Declaration of Bidder's Past Supply Chain Management Practices), and SBD 9 (Certificate of Independent Bid Determination). No specific eligibility thresholds (e.g., B-BBEE level, CIDB grading, or local content percentage) are stated for this tender in the provided document.

Construction

Steel Value-added Products

 Fabricated Structural Steel  100%

 Joining/Connecting Components  100%

 Frames  100%

 Roof and Cladding  100%

 Fasteners  100%

 Wire Products  100%

 Ducting and Structural pipework

 Casting or Frame Fabrication  100%

 Fabrication and winding of the Rotor Core  100%

 Accessories  100%

 Assembly and testing of the fully-built unit  100%

Rail Permanent Way 90%

 Rails and rail joints  100%

 Ballasts  100%

 Ballastless  100%

 Turnouts/switches and crossings  100%

 Railway sleepers  100%

 Rail fastening and accessories  100%

 Railway maintenance of way plant & equipment  70%

 Assembly and testing of fully build unitst  100%

 Plates  100%

 Sheets  100%

 Galvanised and Colour Coated Coils  100%

 Wire Rod and Drawn Wire  100%

 Sections  100%

 Reinforcing bars  100%

Pumps, Medium Voltage (MV) Motor and Associated 70%

{"closingDate":"31 May 2024"}

{"name":null,"email":"[email protected]","phone":null,"department":null,"address":"note specifying the means of transport, weight, number or volume as appropriate and"}

The supplier must accept Eskom's General Conditions of Purchase; non-acceptance must be indicated in writing. The supplier must be able to provide goods/works/services that meet Eskom's approval and warranty requirements. No specific pre-qualification criteria (e.g., CSD registration, B-BBEE level, CIDB grading) are stated in the provided document.

supply the goods or

execute the works

240-59385009 Rev 3 Eskom General Conditions Identifier

of Purchase Effective Date 31 May 2024

Review Date May 2029

9. REJECTION: If the Supplier fails to comply with his obligations under the agreement, Eskom may reject any

part of the goods by giving written notice to the Supplier specifying the reason for rejection and whether

replacement of goods or re-work is required.

 In the case of goods delivered, Eskom may return the rejected goods to the Supplier at the Supplier's risk

and expense. Any money paid to the Supplier in respect of the goods not replaced within the time required,

together with the costs of returning rejected goods to the Supplier and obtaining replacement goods from a

third party, shall be paid by the Supplier to Eskom.

 In the case of works/services, the Supplier shall correct non-conformances/defects as indicated by Eskom.

3. PRICE AND PAYMENT: The prices or rates for the items stated in the agreement may include an amount

for price adjustment, which is calculated in accordance with the formula stated in the agreement. The

rate shall be used to convert from this currency to South African Rand (ZAR). Payment to the Supplier in

any currency other than ZAR shall not exceed the amounts stated in the agreement. Eskom’s CPA (IG)

form must be duly completed by the Supplier. Eskom will pay for the item within 30 days after receipt of a

correct Tax invoice. Eskom’s VAT registration number (4740101508) has to appear on the tax invoice,

before any payment will be made, as from 1 June 2004.

4. DELIVERY AND DOCUMENTS: ‘Delivery’ means delivery of goods or completion of work (if any) in

compliance with the terms and conditions of the agreement at the point of delivery/site specified in the

agreement on or before the date stated in the agreement. Late deliveries of the goods or late completion

of the works/services may be subject to a penalty as stated in the agreement. No payment shall be made

if the Supplier does not provide the goods/services/works as stated in agreement. Where goods are to be

delivered the Supplier shall:-

 clearly mark the outside of each consignment or package with the Supplier's name and full details of

the destination in accordance with the order and include a packing note stating the contents thereof;

 send an advice note specifying the means of transport, weight, number or volume as appropriate and

the point and date of dispatch, to Eskom at the address for delivery of the items;

 send a detailed Tax invoice to Eskom after delivery of the goods or after completion of the

works/services;

 state the agreement number on all communications in respect of the agreement; and

 state in his tender whether delivery cost is included in the price. If not, it will be deemed to be included.

5. CONTAINERS / PACKING MATERIAL: Unless otherwise stated in the agreement, no payment shall be

made for containers or packing materials or their return to the Supplier.

6. ACCEPTANCE: The goods/works/services shall at all times be subject to the approval of Eskom, who may

inspect and/or test the goods/works/services as well as the workmanship at any stage of the work. Should

corrected by a third party at the Supplier’s costs.

10. INDEMNITY: The Supplier indemnifies Eskom against all actions, suits, claims, demands, costs, charges

and expenses arising from the negligence, infringement of intellectual or legal rights or breach of statutory

duty of the Supplier, his subcontractors, agents or servants or the rights of others, or from the Supplier's

defective design, materials or workmanship.

11. WARRANTY: Without prejudice to any other rights of Eskom under these conditions, the Supplier warrants

that the goods/works/services are fit for the purpose for which they are intended and that they will remain

free from defects for a period of one year (unless otherwise stated in the agreement) from acceptance. If

a defect/non-conformance is found with the goods/works/services within this period, the Supplier shall

rectify the defect/non-conformance within an agreed time period, free of cost to Eskom. The Supplier shall

use reasonable skill and care to provide the goods/ works/services as described in the contract.

12. ASSIGNMENT AND SUBCONTRACTING: Neither party hereto may cede or delegate any of its rights and

obligations to any person without the written consent of the other or sub-contracting by the Supplier.

obligations under this agreement to any of its subsidiaries or any of its present divisions or operations

which may be converted into separate legal entities as a result of restructuring.

13. STATUTORY REQUIREMENTS: The Supplier shall adhere to all statutory requirements relevant to the

agreement which is governed by the law of the RSA and the parties hereby submit to the jurisdiction of

the SA courts.

14. .BREACH: Subject to clause 15 (fifteen) hereof, should either party breach any condition of the agreement

and fail to rectify or remedy the default, and after receiving written notice from the non-defaulting party, the

latter shall be entitled to terminate the agreement.

15. TERMINATION: Eskom may terminate at any time (without prejudice to any right of action or remedy which

has accrued or thereafter accrues to Eskom) if the Supplier defaults in due performance of the agreement,

or becomes bankrupt or otherwise is, in the opinion of Eskom, in such financial circumstances as to

prejudice the proper performance of the agreement.

16. ETHICS: Eskom is committed to the highest standard of ethical behavior and expects the same from all

our suppliers.

The successful bidder will be required to fill in and sign a written contract form (sbd7).

Bid response documents may be deposited in the bid box

Situated at (street address)

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION Yes B-BBEE STATUS Yes

Certificate level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the certificate

Issued by?

An accounting officer as contemplated in the close corporation

An accounting officer as act (cca)

Contemplated in the close a verification agency accredited by the south african

Corporation act (cca) and name accreditation system (sanas)

The applicable in the tick box a registered auditor

Name:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN Yes No

Representative in south africa based supplier for

For the goods /services /works the goods /services [if yes answer part b:3

Offered? [If yes enclose proof] /works offered? Below ]

Signature of bidder .................................... Date

Capacity under which this bid is

SIGNED (Attach proof of authority to sign

this bid; e.g. resolution of directors, etc.)

Total bid price (all

Total number of items offered inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department/ public entity contact person

Contact person telephone number

Telephone number facsimile number

Facsimile number e-mail address

E-mail address

Sbd1

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for

Consideration.

1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online

1.3. Bidders must register on the central supplier database (csd) to upload mandatory information namely: (

Business registration/ directorship/ membership/identity numbers; tax compliance status; and banking

Information for verification purposes). B-bbee certificate or sworn affidavit for b-bbee must be submitted

To bidding institution.

1.4. Where a bidder is not registered on the csd, mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status may not be submitted with the bid

Documentation. B-bbee certificate or sworn affidavit for b-bbee must be submitted to bidding institution.

1.5. This bid is subject to the preferential procurement policy framework act 2000 and the preferential

Procurement regulations, 2017, the general conditions of contract (gcc) and, if applicable, any other

Legislation or special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS to enable the

Organ of state to view the taxpayer’s profile and tax status.

2.3 Application for tax compliance status (tcs) or pin may also be made via e-filing. In order to use this provision,

Taxpayers will need to register with SARS as e-filers through the website www.SARS.GOV.ZA.

2.4 Bidders may also submit a printed tcs together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate

Proof of tcs / pin / csd number.

2.6 Where NO tcs is available but the bidder is registered on the central supplier database (csd), a csd number

Must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the bidder a resident of the republic of south africa (RSA)? yes NO

3.2. Does the bidder have a branch in the RSA? yes NO

3.3. Does the bidder have a permanent establishment in the RSA? yes NO

3.4. Does the bidder have any source of income in the RSA? yes NO

If the answer is “NO” to all of the above, then, IT is not a requirement to obtain a tax compliance status / tax

Compliance system pin code from the south african revenue service (SARS) and if not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

{"name":null,"email":null,"phone":null,"department":"/ PUBLIC ENTITY)","address":"UIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7)."}

The successful bidder will be required to fill in and sign a written contract form (sbd7).

Bid response documents may be deposited in the bid box

Situated at (street address)

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION Yes B-BBEE STATUS Yes

Certificate level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the certificate

Issued by?

An accounting officer as contemplated in the close corporation

An accounting officer as act (cca)

Contemplated in the close a verification agency accredited by the south african

Corporation act (cca) and name accreditation system (sanas)

The applicable in the tick box a registered auditor

Name:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN Yes No

Representative in south africa based supplier for

For the goods /services /works the goods /services [if yes answer part b:3

Offered? [If yes enclose proof] /works offered? Below ]

Signature of bidder .................................... Date

Capacity under which this bid is

SIGNED (Attach proof of authority to sign

this bid; e.g. resolution of directors, etc.)

Total bid price (all

Total number of items offered inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department/ public entity contact person

Contact person telephone number

Telephone number facsimile number

Facsimile number e-mail address

E-mail address

Sbd1

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for

Consideration.

1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online

1.3. Bidders must register on the central supplier database (csd) to upload mandatory information namely: (

Business registration/ directorship/ membership/identity numbers; tax compliance status; and banking

Information for verification purposes). B-bbee certificate or sworn affidavit for b-bbee must be submitted

To bidding institution.

1.4. Where a bidder is not registered on the csd, mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status may not be submitted with the bid

Documentation. B-bbee certificate or sworn affidavit for b-bbee must be submitted to bidding institution.

1.5. This bid is subject to the preferential procurement policy framework act 2000 and the preferential

Procurement regulations, 2017, the general conditions of contract (gcc) and, if applicable, any other

Legislation or special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS to enable the

Organ of state to view the taxpayer’s profile and tax status.

2.3 Application for tax compliance status (tcs) or pin may also be made via e-filing. In order to use this provision,

Taxpayers will need to register with SARS as e-filers through the website www.SARS.GOV.ZA.

2.4 Bidders may also submit a printed tcs together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate

Proof of tcs / pin / csd number.

2.6 Where NO tcs is available but the bidder is registered on the central supplier database (csd), a csd number

Must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the bidder a resident of the republic of south africa (RSA)? yes NO

3.2. Does the bidder have a branch in the RSA? yes NO

3.3. Does the bidder have a permanent establishment in the RSA? yes NO

3.4. Does the bidder have any source of income in the RSA? yes NO

If the answer is “NO” to all of the above, then, IT is not a requirement to obtain a tax compliance status / tax

Compliance system pin code from the south african revenue service (SARS) and if not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

Tax compliance status

Tax compliance status may not be submitted with the bid

Tax compliance requirements

Tax compliance status (tcs) or pin may also be made via e-filing

Tax compliance status / tax

TCS PIN: OR CSD No

Csd number

Central supplier database (csd) to upload mandatory information namely: (

Central supplier database (csd), a csd number

1.3. Bidders must register on the central supplier database (csd) to upload mandatory information namely: (

Business registration/ directorship/ membership/identity numbers; tax compliance status; and banking

1.4. Where a bidder is not registered on the csd, mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status may not be submitted with the bid

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) or pin may also be made via e-filing. In order to use this provision,

1.4. Where a bidder is not registered on the csd, mandatory inform

B-BBEE Details: SBD1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (name of department/ public entity)

Bid number: closing date: closing time:

Description

The successful bidder will be required to fill in and sign a written contract form (sbd7).

Bid response documents may be deposited in the bid box

Situated at (street address)

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION Yes B-BBEE STATUS Yes

Certificate level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the certificate

Issued by?

An accounting officer as contemplated in the close corporation

An accounting officer as act (cca)

Contemplated in the close a verification agency accredited by the south african

Corporation act (cca) and name accreditation system (sanas)

The applicable in the tick box a registered auditor

Name:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN Yes No

Representative in south africa based supplier for

For the goods /services /works the goods /services [if yes answer part b:3

Offered? [If yes enclose proof] /works offered? Below ]

Signature of bidder .................................... Date

Capacity under which this bid is

SIGNED (Attach proof of authority to sign

this bid; e.g. resolution of directors, etc.)

Total bid price (all

Total number of items offered inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department/ public entity contact person

Contact person t

Insufficient searchable text - AI extraction recommended

{"closingDate":"01 November 2012"}

{"name":null,"email":null,"phone":null,"department":null,"address":"on with the tender offer for Contract"}

Bidders must be authorised to submit the tender and bind the organisation. The authorisation must be evidenced per the applicable certificate in Annexure L. For joint ventures, all partners must be jointly and severally liable, and the lead partner must be authorised to receive instructions, incur liabilities, and handle payments.

joint venture agreement which incorporates a statement

power of attorney signed by legally authorised signatories of all

Supply chain management system should

This declaration prove to be false.

.................................... .....................................................

Signature Date

.................................... ......................................................

Position Name of bidder

agreements or arrangements with any competitor regarding the quality,

Supply chain management system should

This declaration prove to be false.

.................................... .....................................................

Signature Date

.................................... ......................................................

Position Name of bidder

agreements or arrangements with any competitor regarding the quality,

Clause in Works

Information

{"closingDate":"1 Oct 2009"}

{"name":null,"email":null,"phone":null,"department":null,"address":"es not cover all the risks associated with the work stated in the Works"}

Clause in Works

Information

No eligibility criteria specified

{"name":null,"email":null,"phone":null,"department":null,"address":"orporated under the laws of"}

information relating to the design, manufacture at works, testing, quality

provisions of this Agreement

for any purpose whatsoever other than the Project

agree to abide by the terms of this Agreement to prevent the unauthorised

disclosure of the Confidential Information to third parties. For purposes of this

clause, the Receiving Party’s Representatives shall be deemed to be acting, in

the event of a breach, as the Receiving Party’s duly authorised agents.

3.5 Except as otherwise contemplated in this Agreement, the Parties agree in favour

of one another not to utilise, exploit or in any other manner whatsoever use the

for any purpose whatsoever other than the Project without the prior written

consent of the Disclosing Party.

3.6 Accordingly, the Receiving Party agrees to indemnify, defend and hold the

8.1 is known to, or in the possession of the Receiving Party prior to disclosure

thereof by the Disclosing Party;

8.2 is or becomes publicly known, otherwise than as a result of a breach of this

Agreement by the Receiving Party;

240-63152171 NDA Vendors CONFIDENTIAL TE – Group Technology & Commercial

Effective March 2015

240-63152171

8.3 is developed independently of the Disclosing Party by the Receiving Party in

circumstances that do not amount to a breach of the provisions of this

Agreement;

8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent

jurisdiction or to comply with the provisions of any law or regulation in force from

time to time; provided that in these circumstances, the Receiving Party shall

advise the Disclosing Party to enable the Disclosing Party to take whatever steps

it deems necessary to protect its interests in this regard and provided further that

the Receiving Party will disclose only that portion of the Confidential Information

which it is legally required to disclose and the Receiving Party will use its

reasonable endeavours to protect the confidentiality of such Confidential

Information to the greatest extent possible in the circumstances;

8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to

the extent of such approval of the Disclosing Party;

8.6 is received from a third party in circumstances that do not result in a breach of

the provisions of this Agreement.

and shall endure for a period of 3 (three) years after the date of termination of the

relationship between the parties or at a date specified in any subsequent

agreement(s) between the Parties in pursuance of the Project referred to herein.

Agreement and fail to remedy such breach within seven (7) business days from

date of a written notice to do so, then the Disclosing Party shall be entitled to

invoke all remedies available to it in law including, but not Ltd to, the institution of

urgent proceedings as well as any other way of relief appropriate under the

circumstances, in any court of competent jurisdiction, in the event of breach or

threatened breach of the Agreement and/or an action for damages.

14.2 The Disclosing Party warrants that disclosure of the Confidential Information to

the Receiving Party:

14.2.1 will not result in a breach of any other Agreement to which it is a party; and

14.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third

party; and the Disclosing Party hereby indemnifies and holds the Receiving Party

harmless against any liability for third party claims on such a basis.

appointment of contractors or suppliers for the

commencement of work

against Eskom.

3. Financial penalties shall be enforced on the main supplier for non-conformance/s (identified for the main supplier

and/or its sub-contractor and/or supplier) pertaining to Eskom and/or Statutory SHE requirement/s.

4. Ensure that all employees (contractors/suppliers) undergo the relevant Eskom induction and company’s induction

requirements that the tenderer has to comply with when submitting the tender returnable:

NOTE: the tenderer has to ensure that he/she understands the SHE requirements listed

hereunder.

but not limited to the following:

a. Eskom contractor Health and Safety requirements standards 32-136

b. SHE specification provided

c. Occupational Health and Safety Act

d. Mine Health and Safety Act (where applicable)

e. Compensation for Occupational Diseases and Illnesses Act

f. National Environmental Management Act

Note: Please note that after contract award, it is your responsibility to fully align the company’s processes

to Eskom’s SHE requirements (policies, procedures, standards etc).

{"closingDate":"27 June 2023"}

{"name":null,"email":null,"phone":null,"department":"ies and that","address":null}

Bidders must be registered on the Eskom Vendor Database. They must complete and submit the Integrity Declaration Form, which includes a Declaration of Fair Tendering Practices(migrations). Bidders must disclose any financial, personal, or private interest with Eskom employees/directors. Failure to comply with the Integrity Pact may result in suspension from the Eskom Vendor Database and inclusion on the National Treasury's List of Restricted Suppliers.

1.1 Scope

The Eskom Supplier Integrity Pact (Integrity Pact) is applicable to Eskom Holdings SOC Ltd (including all

wholly owned subsidiaries) and all existing and potential suppliers (as per the definition hereunder).

1.2 Purpose

The integrity pact is a pact between Eskom and its suppliers that prescribes the “ethical behaviour”. Ethical

behaviour is desirable/acceptable conduct (actions and decisions) that will bring about good/appropriate

consequences/outcomes in the interaction with others. Ethical behaviour incorporates ethical values and

considers not only what is good for oneself, but also what is good for others. Eskom considers such behaviour

of paramount importance and expects every existing/potential supplier and its own employees/directors to

always act ethically and with integrity.

Eskom commits to ensuring that it implements a procurement policy/procedure that aligns to all applicable

South African laws and regulations, as well as the constitutional principles of fairness, transparency, equity,

cost effectiveness and competitiveness.

This document supplements all other relevant Commercial and Ethics related policies/codes/procedures.

1.3 Preamble

In order to achieve this purpose, all Eskom suppliers are required to read this Integrity Pact and to complete,

sign and submit the Integrity Declaration Form whenever they participate in any Eskom procurement process.

Eskom and its suppliers commit to honouring their respective obligations herein, and agree to refrain from

any form of dishonesty, fraud, and/or corruption throughout the entire procurement process, including

tendering practices that are in bad faith, unfair and anti-competitive (e.g., under-pricing/collusion/bid rigging)

2. Definitions

Term Definition

Conflict of Interest A conflict of interest arises when one’s personal interests, personal

financial interests or any other interests, affect, or could be perceived to

affect, or has the potential to affect one’s objectivity and discretion and/or

the objectivity and discretion of another in performing Eskom duties or

making decisions on behalf of Eskom. This means that an employee or

director is in a position to make a decision (or influences a decision) that

is not fair and objective in order to benefit personally, or to benefit related

and /or inter-related persons.

Director Means a member of the board of Eskom, or a board of its subsidiary or

an alternate director of such board and includes a person occupying the

position of a director, by whatever name designated, or a prescribed

officer, or a person who is a member of a committee of the board or of

the audit committee, irrespective of whether the person is also a member

of such board.

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ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third

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Employment equity The Employment Equity Act promotes equity in the workplace,

ensures that all employees receive equal opportunities and that

employees are treated fairly by their employers. The law protects a

person from unfair treatment and any form of discrimination.

Employee (s) Also referred to as staff members. These include individuals employed

by Eskom on a permanent basis, contract labour, temporary employees,

part-time employees, casual employees, occasional employees, fixed-

term contractors, learners, and others acting on behalf of Eskom or its

subsidiaries.

Eskom Registered Vendor Means a current or potential supplier who may be a natural or juristic

person and includes any employee of such supplier acting within the

course and scope of his/her employment, or any agent or manager acting

for or on behalf of, or in the interests of the supplier registered as a vendor

on the Eskom Vendor Database.

Supplier Means any natural person or juristic person that does business with

Eskom or tenders to do business with Eskom, or is registered on Eskom’s

Vendor Database, such as consultants, contractors, sub-contractors and

providers of goods and services.

3. Abbreviations

Abbreviation Explanation

DOI Declaration of Interest

ETC EXCO Tender Committee

NDA Non-disclosure agreement

RFP Request for Proposal

RFQ Request for Quotation

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4. Supplier’s Obligations

4.1 Eskom’s suppliers accept that they will at all times:

4.1.1 Maintain an impeachable standard of integrity in all their business and personal dealings and take all

reasonable measures necessary to prevent all dishonest, unfair, fraudulent, corrupt, and illegal

practices during any stage of the Eskom procurement process including the execution of contracts

and contract modifications.

4.1.2 Ensure that they are familiar with all publicly available Eskom policies/ procedures/codes that impact

the supply chain processes including, but not limited to Eskom’s Standard Conditions of Tender.

4.1.3 Reject all improper business practices (as may be prohibited by Eskom).

4.1.4 Not abuse the trust placed in them by Eskom employees, or misuse opportunities arising during their

interaction with Eskom for personal gain.

4.1.5 Seek to constantly maintain and enhance their standards of professional competence.

4.1.6 Adopt, where possible, policies and practices which align with those of Eskom (labour practices,

employment equity initiatives and human relations policies) to the highest ethical standards.

4.2 Eskom’s suppliers confirm specifically that:

4.2.1 All confidential information, to which they may have access in the course of their work, must not be

disclosed without the express consent from the authorised Eskom representative. The supplier is

required to complete a Non-Disclosure Agreement (NDA) to give effect to this.

4.2.2 They will not deliberately misrepresent information, submit false certifications or forged documents to

influence the tendering process to advantage themselves or to mislead Eskom in any way and that

Eskom has the right to request an audit of such information, and take further action against the supplier

should it be found that it has acted in a dishonest or fraudulent manner.

4.2.3 Although the establishment of long term and close relations between Eskom and its suppliers is

recognised, Suppliers are nevertheless, required to avoid relationships with Eskom

employees//directors, that may be perceived to be contrary to the constitutional principles of fairness,

equitability, transparency, competitiveness, and cost effectiveness. Suppliers are therefore required

to complete the Integrity declaration form wherein they are required to disclose any interest that they

may have with an Eskom employee/director, whether financial, personal, or private, in its business,

and/or any affiliation /relationship which affects, or may affect, or may be perceived to affect, the

decision-making during tender award. Should a supplier later become aware that its

owners/members/directors/partners/shareholders are an Eskom employee/director with respect to a

tender in which it participated, the supplier is required to disclose the interest/relationship to Eskom

and submit whatever information may be required regarding the parties involved.

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4.2.4 Although the entertainment of customers and provisions of business courtesies or gifts are generally

an accepted commercial practice, they must not in any way negatively affect Eskom’s image and

reputation. They should not exceed the R1500,00 value prescribed by Eskom and should not be of

such a nature (value or circumstances) as to be construed as placing an Eskom employee/director

under obligation to the supplier or in any way improperly influence the recipient.

4.2.5 They will avoid entering into unethical and/or fraudulent dealings with any Eskom employee/director

involved in the evaluation/adjudication/negotiation of a transaction in which it participates, involving

direct/indirect monetary or material benefits in order to be unfairly benefitted. In such circumstances,

no business courtesy, bribe, gift, fees commission or inducement may be offered to, or requested by

an Eskom employee/director involved in the evaluation/adjudication/negotiation of a transaction in

which the supplier is participating.

4.2.6 They will not enter any dishonest and/or illegal agreement or an understanding with other tenderers

involved in a tender/RFP process in which it participates. They will complete the integrity Declaration

Form which incorporates a Declaration of Fair Tendering Practices, when participating in any Eskom

tender/Request for Quotation (RFQ).

4.2.7 They understand that they may be subject to a supplier discipline process and that sanctions that

may be imposed on suppliers should they be found guilty of misconduct.

4.2.8 Should a supplier become aware of any dishonest, fraudulent or inappropriate behaviour of any Eskom

employee/director; the said supplier is required to report this behaviour to the Eskom Ethics office via

email at [email protected], or via the Eskom Forensic email at [email protected] or through

the Eskom toll free hotline 0800 11 27 22, wherein confidentiality is guaranteed.

5. Eskom’s Obligations

5.1 Eskom undertakes to treat all tenderers during the tender process according to the constitutional

principles of fairness, transparency, equity, cost-effectiveness, and competitiveness.

5.2 All Eskom employees/directors are required to complete an annual Declaration of Interest (DOI),

wherein they are required to declare all interests, directorships, memberships, details of any of their

related or inter-related persons or other associates that conduct business with Eskom and all other

material personal interests, whether a conflict exists or not. During the financial year, all Eskom

employees/directors have an option of amending annual DOIs should there be changes in their

interests or what has been disclosed already. In addition to this annual declaration, employees are also

required to complete an additional DOI and NDA if involved in the procurement process.

5.3 Eskom employees will ensure that all gifts received in the normal course of business is declared,

recorded, and authorised by relevant managers. Employees/directors involved in the tender evaluation/

negotiation process, may not accept, demand, or accept a promise of any money, business courtesies,

gifts, rewards, gratuity, favours from any of the tenderers involved to benefit or as may be perceived to

benefit such tenderer. Further to this, employees and directors are prohibited from offering or accepting

loan(s) or other benefit(s) from suppliers, unless the supplier is in the business of granting such loans

or benefits and the terms and conditions of the loan that is offered to the employee/director is also

offered to the general members of the public or a section thereof.

5.4 Should Eskom become aware of any relationship/interest of any employee/director in a tender in which

it is involved in tender evaluation/negotiation process, then this employee/director will be excluded from

the said tender evaluation/negotiation process.

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5.5 Eskom will implement the Supplier Discipline Process if it becomes aware of any contravention of the

provisions of this integrity pact, any other misconduct by a supplier and/or any Eskom

employee/director who acts in bad faith to benefit themselves or a supplier. Eskom has the right, after

following a process of investigation and affording the supplier an opportunity to make representation,

to notify the supplier of the intention to suspend it from the Eskom Vendor Database, impose various

other sanctions and/or institute disciplinary actions against its employees/directors. Subsequently,

Eskom will forward the names of such suppliers including the directors of the company to National

Treasury, who will include the suppliers on the List of Restricted Suppliers on the National Database.

5.6 All Eskom employees/directors are prohibited from having any direct/ indirect personal or other

beneficial interest in any contract with Eskom, whether as a supplier, an advisor or by virtue of being a

director or owner of a business, or in any other capacity. This includes third-party related transactions

with an indirect link to an Eskom contract.

6. General

6.1 This Eskom Supplier Integrity Pact is governed by and interpreted in accordance with the laws,

regulations and legislation of the Republic of South Africa.

6.2 The actions stipulated in this Integrity Pact are without prejudice to any other civil or criminal

proceedings that may arise in accordance with the provisions of the law.

6.3 This Integrity Pact shall remain valid until replaced. Should one or more provisions of this Integrity

Pact be regarded as invalid, remainder of the provisions will remain valid.

Public

When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to

ensure it is in line with the authorized version on the system. No part of this document may be reproduced in any manner or form by third

parties without the written consent of Eskom Holdings SOC Ltd, © copyright Eskom Holdings SOC Ltd, Reg No 2002/015527/30

involved in the evaluation/adjudication/negotiation of a transaction in which it participates, involving

an Eskom employee/director involved in the evaluation/adjudication/negotiation of a transaction in

{"closingDate":"08 November 2024"}

{"name":null,"email":null,"phone":null,"department":null,"address":"d to sign all documents in connection with the tender and any contract that may result from it on"}

Bidders must be one of the following organisation types: company, close corporation, partnership, joint venture, sole proprietor, or trust. The authorised representative must be properly authorised via the relevant resolution or power of attorney, with certified copies attached where required. No other eligibility criteria are stated in the provided document.

Joint Venture Agreement which incorporates a statement

power of attorney in the case of

power of attorney signed by the legally authorised

{"name":null,"email":null,"phone":null,"department":null,"address":"tion with the tender offer for Contract _ _ _ _ _ _ _ _"}

Bidders must be one of the following: a company, close corporation, partnership, joint venture, or sole proprietor, and must provide the relevant authorisation certificate as per the Authority to Submit a Tender schedule. No other eligibility criteria (e.g., CSD registration, tax clearance, B-BBEE level) are stated in the provided document.

{"name":null,"email":null,"phone":null,"department":"y), should the resulting tender, or part thereof, be","address":"ENDERING PRACTICES"}

Bidders must complete and sign Annexure A – Integrity Declaration Form. Bidders must declare any interest or relationship with Eskom employees/directors or other tenderers. Bidders must not be listed on National Treasury's Database of Restricted Suppliers or the Register for Tender Defaulters. Bidders must not have been convicted of fraud or corruption related to procurement in the past five years. Bidders must not be prohibited from doing business with any International Financial Development/funding Agency or Lending Institution. For joint ventures, a joint venture agreement must be attached.

provisions above, please complete the table hereunder with all required

Annexure a – integrity declaration form)

information.

Full Name & Capacity/ Identity Confirm and provide Full Names & To your

Position within tenderer (e.g. Number details (including Capacity/Position of knowledge

employee/Director/member/ employee number) if Eskom employee/ is thi

joint venture agreement which incorporates a statement that all partners are

information furnished herein is correct, that it is understood that the tenderer’s

tender/proposal may be rejected, and that Eskom will act against the tenderer should any

aspect of this this declaration prove to be false.

information furnished herein is correct, that it is understood that the JV’s tender/proposal may

be rejected, and that Eskom will act against the JV should any aspect of this this declaration

prove to be false.

employee/contractor/consultant/director involved in the tender evaluation/tender

director. interest(marital/ evaluation/

Bidders must submit proof of B-BBEE status level of contributor to claim preference points; failure to do so results in zero B-BBEE points. The bidder must complete the SBD 6.1 form, including the declaration and company details. The bidder must not have claimed B-BBEE status fraudulently; doing so may lead to disqualification and other penalties.

provision of goods or services, through price

quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based

Black Economic Empowerment Act, 2003 (Act No. );

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good

No specific requirements found

B-BBEE Minimum Level: 20

Points Allocation: 2 points

B-BBEE Details: SBD 6.1

Preference points claim form in terms of the preferential

Procurement regulations 2017

This preference form must form part of all bids invited. It contains general information and

serves as a claim form for preference points for Broad-Based Black Economic Empowerment

(B-BBEE) Status Level of Contribution

Nb: before completing this form, bidders must study the general

Conditions, definitions and directives applicable in respect of b-

Bbee, as prescribed in the preferential procurement

Regulations, 2017.

1. General conditions

1.1 The following preference point systems are applicable to all bids:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes

included) and therefore the 80/20 preference point system shall be applicable;

1.2 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.3 The maximum points for this bid are allocated as follows:

Points

Price 80

B-bbee status level of contributor 20

Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor

together with the bid, will be interpreted to mean that preference points for B-BBEE

status level of contribution are not claimed.

1.5 The purchaser reserves the right to require of a bidder, either before a bid is

adjudicated or at any time subsequently, to substantiate any claim in regard to

preferences, in any manner required by the purchaser.

2. Definitions

(a) “B-BBEE” means broad-based black economic empowerment as defined in section

1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status

 Pt  P min  Ps  801  

 P min 

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. Points awarded for b-bbee status level of contributor

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,

preference points must be awarded to a bidder for attaining the B-BBEE status level of

contribution in accordance with the table below:

Number of points

B-BBEE Status Level of Contributor

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

of 4

5. Bid declaration

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must

complete the following:

6. B-bbee status level of contributor claimed in terms of

Paragraphs 1.4 And 4.1

6.1 B-BBEE Status Level of Contributor: . = .........(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table

reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE

status level of contributor.

7. Sub-contracting

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

Yes NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted.....................................%

ii) The name of the sub-contractor...................................................................

iii) The B-BBEE status level of the sub-contractor......................................................

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

Yes NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in

terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned EME QSE

by: √ √

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

Or

Any EME

Any QSE

8. Declaration with regard to company/firm

8.1 Name of company/firm:...........................................................................

8.2 VAT registration number:.........................................................................

8.3 Company registration number:.................................................................

8.4 Type of company/ firm

 Partnership/Joint Venture / Consortium

 One person business/sole propriety

 Close corporation

 Company

 (Pty) Limited

of 4

[Tick applicable box]

8.5 Describe principal business activities

..................................................................................................................

..................................................................................................................

..................................................................................................................

8.6 Company classification

 Manufacturer

 Supplier

 Professional service provider

 Other service providers, e.g. transporter, etc.

[Tick applicable box]

8.7 Total number of years the company/firm has been in business:..............................

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of

contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies

the company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary

proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a

fraudulent basis or any of the conditions of contract have not been fulfilled, the

purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due to

such cancellation;

(d) recommend that the bidder or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted by the National Treasury from

obtaining business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear the other

side) rule has been applied; and

(e) forward the matter for criminal prosecution

Witnesses ..............................................

Signature(s) of bidders(s)

1. ............................................

Date: .........................................

2. ........................................... Address ...................................

of 4

The bidder must be a legally recognised entity type (company, close corporation, partnership, joint venture, sole proprietor, or trust) and must provide the corresponding certificate and certified supporting documents as described in the Authorisation Form.

{"closingDate":"23Aug2022","closingTime":"3:42pm"}

{"name":null,"email":"[email protected]","phone":null,"department":null,"address":"ls before they can be granted access to the eTendering system. An"}

Bidders must have a valid CSD number to access the eTendering system. No other eligibility criteria are stated in the provided document.

eTendering system is a web-based system that allows suppliers bidding for various tenders advertised

on Tender Bulletin system to “upload” their tender documents. Currently the tenderers or suppliers

submit tender documents at various Eskom tender offices. eTendering system replaces the manual or

physical submission of tender documents at various Eskom tender offices. eTendering system in a

nutshell is an electronic box where tender documents can be “dropped” or “uploaded”. Suppliers will

be required to register their details before they can be granted access to the eTendering system. An

OTP (one time pin) will be sent to both their cell phone and email address.

Quick and direct access is also available by using the following links:

• TenderBulletin Public website: https://tenderbulletin.eskom.co.za - this is used by members

of the public, to view and access Eskom published tenders. eTendering hyperlink will be found

on this site. Members of the public may follow prompt instructions once they have clicked on

the eTendering link (https://eTendering.eskom.co.za). This link will allow them to upload the

required tender documentation.

• eTendering website Public website: https://eTendering.eskom.co.za - this is used by

members of the public, to view information about published tenders and submit their tender

documents.

• N.B: Members of the public would need to have a CSD number to gain access to

eTendering system.

2 Problems

A channel of communication has been created in case users of the system experiences a problem

with the system. In a case users come across some difficulties in using Tender bulletin, eTendering

and OpenText systems they need to contact the buyer responsible for the published tender.

3 What’s New

A new functionality to “add closed tenders”. Closed tenders refers to the tenders which are not listed

on Tenderbulletin as normal tenders, but are tenders sent directly to the relevant and potential

suppliers who meet the selection and evaluation criteria to offer what the buyer needs. These

suppliers will be sent a link via email to bid privately.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

4 Getting Started

To gain access to eTendering portal

1. Open your web browser

2. Type TenderBulletin (eskom.co.za) or https://eTendering.eskom.co.za

3. eTendering system login page will be displayed:

Fig 1

Registration Form Steps to follow

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

• Complete all the fields
• Contact number must start with a

Plus prefix e.g +27

• Ensure that you also fill in the

capture picture to validate that you

are not a robot.

• Once all columns have been filled

click on register button

• Pop-up message will be displayed asking

the registerer to verify the email sent to

the provided email address.

• If the email does not come through,

click on “Resend Verification Email”

button

• email to be resent,
• Once you have received the email click

on link provided on

the email.

• Then you will be directed back to

etendering site with a login screen

displayed, now complete the login

with your verified email address and

password

Fig1.1

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

Fig2a.

Fig2b.

Fig3.

4. Once the email is verified, login using your registered email address and password then the

OTP page will be displayed

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

5. OTP sent to the registered cellphone number and email address

6. Insert the otp number then click “Verify OTP” button, to resend OTP click on “Resend OTP”

button

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

7. Landing page once OTP is verified

8. Select the preferred “Ref No”

9. A page with the preferred Tender information is displayed before tender documentation can

be submitted.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

10. Click on “Create New Submission” button to submit required Tender documents

11. Landing page once clicked on “Create New Submission” button. Take note of the

mentioned disclaimers.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

12. To submit tender documents, click on “Add file” button

13. Upload required tender documents by:

14. Giving the file a name

15. Select the listed file type e.g.: Technical, commercial, finance and etc

16. Choose the file you need to upload

17. Then click on “Upload” button, Fig5.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

Fig4.

Fig5.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

14. Once clicked on “Upload” button, this page will be displayed with the submitted document(s).

Continue to submit all the required documents under the correct category ,i.e: Technical

should be selected if technical documentation is uploaded and etc. Verify all required

documents are uploaded before making ‘Final Submission’ by clicking on ‘Finalize

Submission’ button.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

15. Click on “Finalize Submission” button. A file size cannot exceed 50MB and a total size of

all uploaded files should not exceed 900MB.

16. Once “Finalize Submission” button is clicked the pop-up message confirming the submission

will pop-up

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

17. Click on “Finalise and Close Submission” button to finalize the submission of documents.

If not all documents were submitted or still wish to add or submit more documents, click on

“No, continue adding files” button.

18. Once the submission is finalised the page with all submitted documents will display with the

submission and closed time and date timestamp at the bottom.

19. To view submitted tenders, click on “My Submissions” menu option. All your individually

submitted tenders will be displayed.

If you want to view or verify the submitted documents, click on “View Submission” button

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

20. Once the submission process is complete an email with be sent to the submitter with all

submitted documents on email,Fig6.This is the final step for the submitter or tenderer.

It is vital to save the email with the submission ID for future enquiry if need be.

--------Originalmessage--------

From:Eskom E-Tender Document Submission 28 [email protected]

Date:Tue,23Aug2022,3:42pm

To:[email protected]

Subject: Response To Submitter

Eskom E-Tender Document Submission 28

Hi Monalisa

You have finalized a new submission with submission id:14 on tender #MPKUS10086PS

closing date : 2022-11-30 10:00:00.

Have started the submission from 2022-08-23 14:28:33 and finalized at 2022-08-23

15:42:28

Tender Description:

Award for Provision of Office Cleaning and Janitorial Services at Kusile Power Station

Project

Files Submitted:

ID Original Name Title Size Type

38 Test7.pdf testingCom 33141 Commercial

40 Test1.pdf testingTech 33502 Technical

41 Test15.pdf testingFin 33141 Finance

Thanks,

Eskom E-Tender Document Submission 28 Automated Mail

© 2022 Eskom E-Tender Document Submission 28. All rights reserved.

NB: This Email and its contents are subject to the Eskom Holdings SOC Ltd EMAIL

LEGAL NOTICE which can be viewed at

http://www.eskom.co.za/Pages/Email_Legal_Spam_Disclaimer.aspx

Fig6.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

5 Edit Registration

To edit already registered information such as Name, Organization, CSD and cell phone number

select “Edit Registration” on the drop down, Fig1. New window with information that needs to be

updated pop ups,Fig2. Click on “Update” button to update registration details.

Fig1.

Fig2.

6 Log off Button

To logout, click “Log out” on the dropdown next to your name

Fig1.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

7 Password reset

To reset a forgotten password, click “Forgot your password” Fig1. and a new screen will

pop up to enter an alternative email where the new password will be sent Fig2.Confirmation

message will be sent to the user, Fig3.

Fig1.

Fig2.

Fig3.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

An email confirming password reset will be sent to the email provided.

Click on the link or “Reset Password” button to reset the password.

Fig4.

A new window will pop up to reset and confirm the new password, Fig5.Enter new

password and confirm then click on “Reset Password” button.

Fig5.

OTP window will pop up, type in the OTP sent to either the cell phone or email address.

Fig6.

© 2023 Eskom of 19

Proprietary and Confidential

Eskom eTendering System

User Manual

OTP successfully goes through and lands on the below screen, password is successfully

reset.

Fig7.

8 General

This system is compatible to most web browsers however we recommend Ms Edge.

The end.

© 2023 Eskom of 19

CSD number to gain access to

A new functionality to “add closed tenders”. Closed tenders refers to the tenders which are not listed

suppliers who meet the selection and evaluation criteria to offer what the buyer needs. These

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

Completion of the Environmental Contractors Assessment Form (Annexure A) is explicitly required. No other pre-qualification criteria (CSD, tax clearance, B-BBEE, CIDB grading, etc.) are stated in the extracted document.

Maintenance

Other

If other, please specify:

Task list y n

1. Scope (Explain a brief scope of the contractor):

2. How long will the contractor work

(Record of decision), Example: Water Use License, Waste Permit, etc.

8. Will the contractor be transporting any waste? If yes the transportation and

disposal certificate must be supplied to Matla Environmental department

9. Is the contractor aware of the non-conformance procedure OMOP 2255 ,

polluter pays principles? Note: Corrective actions will be the liability of the

contractor.

Assessor Signature_______________________________

Error! Unknown document property name.

1. Scope (Explain a brief scope of the contractor):

2. How long will the contractor work at Matla Power Station?

3. Are there any hazardous chemical substances to be used?

Example: oil, grease, SAF-Heavy, Hydrochloric acid, cleaning material, pesticides

etc. If yes, list them or attach a 16 point form MSDS.

4. Will the contractor generate any waste? If yes, contractor must notify Matla

and specify the type of waste. Example hazardous, domestic etc.

5. Will the contractor need the hazardous chemical substance storage area?

6. Will the contractor need the workshop to execute the work?

{"closingDate":"1 March 2024"}

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 2024/2025 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 2024/2025 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 2024/2025 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 2024/2025 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 2024/2025 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 2024/2025 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 2024/2025 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 2024/2025 Tax Years

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

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

Question Yes No

6(i) Independent PSP

6(ii) PSP Independent

6(iii) PSP Independent

6(iv) Independent PSP

6(v) Independent PSP

6(vi) PSP Independent

6(vii) PSP Independent

6(viii) PSP Independent

6(ix) PSP Independent

6(x) PSP Independent

6(xi) PSP Independent

Decision

Independent

Psp

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

6(ix);

or

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

6(x), 6(xi):

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

and will be coded as 3601 on your IRP5 certificate.

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

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

Alternatively:

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

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

disclosed on the IRP5 for payments received.

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

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

from your payments.

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

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

Applicable to the 2024/2025 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please sign

he

following

Questions Answer Appendix

(Appendices

)

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

Tax Act?

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

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

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

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

in the business of the Company/CC/Trust?

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

or beneficiaries of the Company/CC/Trust?

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

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

Compa y/CC Trust?

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

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

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

institution in relation to that client?

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

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

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

performed or to the hours of work?

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

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

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

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

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

provision of the services?

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

employers/clients during the period of service to Eskom?

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

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

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

producing income)?

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

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

not?

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

financial/economic survival?

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

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

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

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

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

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

material?

Tax Status

Particulars of person acting as representative of the company/close

Corporation/trust

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

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

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

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

Representative's Full Names Capacity Contact No.

Signature Date

Applicable to the 2024/2025 Tax Years

Evaluation pack b

(To determine whether an Individual is a Dependent Contractor)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for an individual*

Trading Name* Vendor No.

First Names* Initials*

Surname* ID Number*

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

VAT Registration No. Income Tax Registration No.*

Date of Birth* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

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

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

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

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

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

Applicable to the 2024/2025 Tax Years

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

"X".

1. Service or people test service people

Question 1(i)

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

If the answer is “Service”:

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

PAYE will be withheld from your payments.

• Go to Question 3(i).

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

2. PEOPLE TEST Yes No

Question 2(i)

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

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

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

Question 2(ii)

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

under review?

If the answer is Yes:

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

from your payments.

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

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

the IRP30 certificate is provided.

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

Pack.

If the answer is No:

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

IRP30 certificate is provided.

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

Pack.

3. RESIDENCE TEST Yes No

Question 3(i)

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

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

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

If the answer is No:

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

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

• No further questions must be answered.

Applicable to the 2024/2025 Tax Years

4. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 4(i)

Do you employ:

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

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

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

Question 4(ii)

Are these employees employed:

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

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

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

Question 4(iii)

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

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

Appendix 10 for the definition of Connected person).

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

If the answer is No:

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

from your payments.

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

withheld from your payments.

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

Pack.

5. PLACE AND CONTROL TEST Yes No

Question 5(i)

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

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

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

Question 5(ii)

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

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

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

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

If the answer is No:

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

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

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

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

if and when a specific deliverable has been completed?

Question 6(ii)

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

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

Question 6(iii)

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

during the period of service to Eskom?

Question 6(iv)

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

Question 6(v)

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

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

Question 6(vi)

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

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

Question 6(vii)

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

survival?

Question 6(viii)

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

Question 6(ix)

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

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

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

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

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

Applicable to the 2024/2025 Tax Years

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

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

Question Yes No

6(i) Independent Employee

6(ii) Employee Independent

6(iii) Employee Independent

6(iv) Independent Employee

6(v) Independent Employee

6(vi) Employee Independent

6(vii) Employee Independent

6(viii) Employee Independent

6(ix) Employee Independent

6(x) Employee Independent

6(xi) Employee Independent

Decision

Independent

Psp

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

6(vi), 6(ix);

or

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

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

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

Alternatively:

If you have already signed Appendix 7 on Questions 5:

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

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

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

withheld from your payments.

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

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

Applicable to the 2024/2025 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please si n

the following

2. If I do provide Eskom with a valid IRP30 certificate:

• No Employees' Tax will be withheld from payments made to me.
• An IT3(a) certificate with the code 3617 will be issued to me and the reason code to be used for

the non-deduction is 07.

3. If I do not provide Eskom with a valid IRP30 certificate:

• Employees' Tax will be withheld from payments made at the tax rates applicable to individuals

until such time that a valid IRP30 certificate is provided to Eskom.

• An IRP5 certificate with the code 3617 will be issued to me.

Labour Broker Individual N/A X IRP5 / IT3(a) 3617 A

tax rates

Dependent Contractor Individual X X IRP5 / IT3(a) 3601 or “A” for

tax rates 3616 Individual

“E” for

Company/close corporation/trust ..................................................................... 11

Evaluation pack b....................................................................................................................... 12

Contractor’s details for an individual* ..................................................................... 12

1. Service or people test ................................................................................................... 13

Question 1(i) .............................................................................................................................. 13

2. People test .......................................................................................................................... 13

Question 2(i) .............................................................................................................................. 13

Question 2(ii) ............................................................................................................................. 13

3. Residence test ................................................................................................................... 13

Question 3(i) .............................................................................................................................. 13

4. Number of employees exclusion ................................................................................ 14

Question 4(i) .............................................................................................................................. 14

Question 4(ii) ............................................................................................................................. 14

Question 4(iii) ............................................................................................................................ 14

5. Place and control test ................................................................................................. 14

Question 5(i) .............................................................................................................................. 14

Question 5(ii) ............................................................................................................................. 14

6. Dominant impression test ............................................................................................. 15

Question 6(i) .............................................................................................................................. 15

Question 6(ii) ............................................................................................................................. 15

Question 6(iii) ............................................................................................................................ 15

Question 6(iv) ............................................................................................................................ 15

Question 6(v) ............................................................................................................................. 15

Question 6(vi) ............................................................................................................................ 15

Question 6(vii) ........................................................................................................................... 15

Question 6(viii)........................................................................................................................... 15

Question 6(ix) ............................................................................................................................ 15

Question 6(x) ............................................................................................................................. 15

Question 6(xi) ............................................................................................................................ 15

Particulars of individual .............................................................................................. 17

Applicable to the 2024/2025 Tax Years

Appendix 1 ....................................................................................................................................... 18

Three or more full - time employees who are not connected persons . 18

Appendix 2 ....................................................................................................................................... 19

ESKOM ...................................................................................................................................... 19

Appendix 3 ....................................................................................................................................... 20

And/or shall not be controlled or supervised by ESKOM ............................. 20

Appendix 4 ....................................................................................................................................... 21

Affidavit confirming that not more than eighty percent (80 %) of income

Is or is likely to be received from any one client ............................................. 21

Appendix 5 ....................................................................................................................................... 22

Opposed to people ........................................................................................................... 22

Appendix 6 ....................................................................................................................................... 23

Declaration by ........................................................................................................................ 23

That the contractor is a labour broker ................................................................... 23

Appendix 7 ....................................................................................................................................... 24

Declaration by ........................................................................................................................ 24

Provider ................................................................................................................................ 24

Appendix 8 ....................................................................................................................................... 25

Declaration by ........................................................................................................................ 25

That the contractor is an independent supplier or contractor .................. 25

Appendix 9 ....................................................................................................................................... 26

Declaration by ........................................................................................................................ 26

That the contractor is a non-resident of the republic of south africa .... 26

Appendix 10 ..................................................................................................................................... 27

Definitions as per the income tax act, NO. , as amended. ................... 27

“Connected Person” .................................................................................................................. 27

"Associated Institution", in relation to any single employer, ...................................................... 28

"Labour Broker" ......................................................................................................................... 28

"Personal Service Provider” ...................................................................................................... 28

"Remuneration" ......................................................................................................................... 28

“Resident” .................................................................................................................................. 29

Applicable to the 2024/2025 Tax Years

Introduction

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

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 2024/2025 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]

• 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.

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).

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

• 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 2024/2025 Tax Years

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).

• 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)

• 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.

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

from your payments.

• Go to Question 5(i).

• 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.

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

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

Psp

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

6(ix);

or

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

6(x), 6(xi):

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

and will be coded as 3601 on your IRP5 certificate.

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

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

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

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

disclosed on the IRP5 for payments received.

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

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

from your payments.

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

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

Applicable to the 2024/2025 Tax Years

(Appendices

)

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

Tax Act?

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

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

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

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

in the business of the Company/CC/Trust?

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

or beneficiaries of the Company/CC/Trust?

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

Question 1(i)

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

If the answer is “Service”:

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

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

from your payments.

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

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

the IRP30 certificate is provided.

• No further questions must be answered.

• Sign the “Particulars of Individual” Section at the end of the Evaluation

• Sign Appendix 6. PAYE will be withheld from your payments.

• PAYE will be withheld from your payments until such time the valid

IRP30 certificate is provided.

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

Question 3(i)

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

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

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

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

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

Appendix 10 for the definition of Connected person).

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

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

from your payments.

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

withheld from your payments.

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

Question 5(i)

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

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

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

Question 5(ii)

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

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

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

• Sign Appendix 7. PAYE will be withheld from your payments.

• Go to Question 6(i) to determine the correct disclosure code on the IRP5.

• Sign the “Particulars of Individual” at the end of the Evaluation Pack.

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

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

Psp

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

6(vi), 6(ix);

or

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

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

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

If you have already signed Appendix 7 on Questions 5:

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

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

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

withheld from your payments.

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

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

Applicable to the 2024/2025 Tax Years

Applicable to the 2024/2025 Tax Years

Appendix 1

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 3

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 4

Affidavit confirming that not more than eighty percent (80 %) of

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 5

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 6

Applicable to the 2024/2025 Tax Years

Appendix 7

Applicable to the 2024/2025 Tax Years

Appendix 8

Applicable to the 2024/2025 Tax Years

Appendix 9

Applicable to the 2024/2025 Tax Years

Appendix 10

rendering any such service, other than any employee who is a shareholder or member of the

company or trust or is a connected person in relation to such person;

"Remuneration"

means -

any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage,

overtime pay, bonus, gratuity, commission, fee, emolument pension, superannuation allowance, retiring

allowance or stipend, whether in cash or otherwise and whether or not in respect of services rendered,

including-

a) any amount referred to in paragraph (a), (c), (cA),(d), (e), (eA) or (f) of the definition of "gross

income" in section one of this Act;

any amount required to be included in such person's gross income under paragraph (i) of that definition;

Applicable to the 2024/2025 Tax Years

bA) ...

but not including-

ii) any amount paid or payable in respect of services rendered or to be rendered by any person

(other than a person who is not a resident or an employee contemplated in paragraph (b), (c),

(d) (e) or (f)of the definition of "employee") in the course of any trade carried on by him

independently of the person by whom such amount is paid or payable and of the person to

whom such services have been or are to be rendered: Provided that for the purposes of this

paragraph a person shall not be deemed to carry on a trade independently as aforesaid if the

services are required to be performed mainly at the premises of the person by whom such

amount is paid or payable or of the person to whom such services were or are to be rendered

and the person who rendered or will render the services is subject to the control or supervision

of any other person as to the manner in which his or her duties are performed or to be

performed or as to his hours of work. Provided further that a person will be deemed to be

carrying on a trade independently as aforesaid if he throughout the year of assessment employs

three or more employees who are on a full time basis engaged in the business of such person

of rendering any such service, other than any employee who is a connected person in relation to

such person;

iii) ...

“Resident”

means any-

(a) natural person who is-

(i) ordinarily resident in the Republic; or

(ii) not at any time during the relevant year of assessment ordinarily resident in the Republic, if that

person was physically present in the Republic-

a) for a period or periods exceeding 91 days in aggregate during the relevant year of

assessment, as well as for a period or periods exceeding 91 days in aggregate during each

of the five years of assessment preceding such year of assessment; and

b) for a period or periods exceeding 915 days in aggregate during those five preceding years

of assessment,

in which case that person will be a resident with effect from the first day of that relevant year of

assessment: Provided that-

(A) a day shall include a part of a day, but shall not include any day that a person is in transit

through the Republic between two places outside the Republic and that person does not

formally enter the Republic through a “port of entry” as contemplated in section 9 (1) of the

Immigration Act, 2002 (Act No. ), or at any other place as may be permitted by

the Director General of the Department of Home Affairs or the Minister of Home Affairs in

terms of that Act; and

(B) where a person who is a resident in terms of this subparagraph is physically outside the

Republic for a continuous period of at least 330 full days immediately after the day on

which such person ceases to be physically present in the Republic, such person shall be

deemed not to have been a resident from the day on which such person so ceased to be

physically present in the Republic; or

(b) person (other than a natural person) which is incorporated, established or formed in the Republic or

which has its place of effective management in the Republic,

but does not include any person who is deemed to be exclusively a resident of another country for

purposes of the application of any agreement entered into between the governments of the Republic

and that other country for the avoidance of double taxation;

Applicable to the 2024/2025 Tax Years

Evaluation pack a......................................................................................................................... 6

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)?

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

{"briefingSession":"{"date":null,"time":null,"venue":"tend a site visit and/or clarification meeting at which tenderers may familiarise","is_compulsory":false}"}

Bidders must comply with the criteria in the Tender Data, not be under any restriction to do business with Eskom, be registered with the CIDB in the required category and grade, provide proof of COIDA registration, and have SHEQ systems in place. Failure to meet stipulated gatekeepers or provide compulsory documentation will render the tender non-responsive.

Supply Chain Policy 32-1033 on the following link:

http://www.eskom.co.za/c/61/eskom-purchasing-policies/”.

After the cancellation of the tender process or the rejection of all tenders Eskom

may abandon the proposed work

tenderer to extend it. A tenderer agreeing to the request will not be required or

permitted to modify a tender, except to the extent Eskom may allow for the

effects of inflation over the additional period.

Clarification of tender 31 Provide, on request from the Eskom Representative during the evaluation of

after submission tenders, any other material that has a bearing on the tender, the tenderer’s

commercial position (including notarised joint venture agreements), preferencing

arrangements or samples of materials, considered necessary by Eskom for the

purpose of a full and fair risk assessment, and for the purposes of conducting

inspections, tests or any other analysis. This may include providing a breakdown

of rates or Prices. No change in the total of the Prices or substance of the tender

is sought, offered, or permitted except as required by the Eskom Representative

to confirm the correction of arithmetical errors discovered in the evaluation of

tenders. The total of the Prices stated by the tenderer as corrected by the Eskom

Insurance 10 Be informed that the extent (if any) of insurance provided by Eskom may not be

for the full cover required in terms of the relevant category listed in Section 8 of

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

regarding insurance.

Pricing the tender 11 Include in the rates, prices, and the tendered total of the Prices (if any) all duties,

taxes (except VAT), and other levies payable by the successful tenderer. Such

duties, taxes and levies are those applicable 14 (fourteen) days prior to the

deadline for tender submission.

12 Show Value-Added Tax (VAT) payable by Eskom separately as an addition to

the tendered total of the Prices.

Compliance with CIDB 36 Eskom, as a state owned entity, requires all tenderers to be registered with the Construction Industry Development Board (“the CIDB”). This requirement flows from the Construction Industry Development Board Act, (“the CIDB Act”) and the Construction Industry Development Board Regulations (“the Regulations”), in terms of which a contractor is required to register with the CIDB to partake in public sector procurement for construction works (as defined therein). The required grade and category of registration which is determined with reference to the nature and value of the contract, is detailed in the Tender Data. Eskom requires tenderers to submit proof of registration or proof of application for registration with the CIDB, in the required category of registration, as a tender returnable. In the event that at the deadline for tender submission only proof of application is available, a valid proof of registration must be submitted by the tenderer when it is issued, and in any event prior to contract award. The requirements of the CIDB Act and the Regulations may change from time to time and Eskom will be required to apply the version of the CIDB Act and Regulations applicable at the time of contract award. Tenderers should keep themselves updated on these requirements. Further information on the CIDB and CIDB registration can be found on the CIDB website www.cidb.org.za. Compliance with COIDA, 37 The law requires that tenderers are registered with the Compensation Fund (“the OHS Act & Eskom’s Fund”) in terms of the Compensation for Occupational Injuries and Diseases Act SHEQ Requirements (“COIDA”) or with a licensed compensation insurer. This requirement flows from the Occupational Health and Safety Act (“the OSH Act”), and Regulation 4(1) (g) of the Construction Regulations 2003. Tenderers are required to provide proof to the satisfaction of Eskom that safety, health, environmental and quality (SHEQ) systems, policies and capabilities are in place at the time of tendering, failing which, Eskom reserves the right to declare the tender non-responsive during tender evaluation. All costs and 240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial Effective May 2013 of 9 240-62044728 Unique Identifier Eskom Holdings SOC Limited’s Standard Revision Rev. 1 Conditions of Tender Revision Date May 2016 Group Technology & Commercial personnel associated with SHEQ should be reflected in the tender for Eskom’s assessment thereof. Provision of Security for 38 To the extent that the provision of security for performance is a requirement, the Performance tenderer must indicate the names of a minimum of 2 (two) financial institutions that the tenderer is likely to approach in order to obtain the required form of security.

Eskom’s undertakings Eskom and the Eskom Representative, shall: Respond to clarification 1 Respond to a request for clarification received earlier than the closing time for clarification of queries. The response is notified to all tenderers. Issue Addenda 2 If necessary, issue Addenda that may amend, amplify, or add to the tender documents, to each tenderer. If a tenderer applies for an extension to the deadline for tender submission, in order to take Addenda into account in preparing a tender, Eskom may grant such an extension and the Eskom Representative shall notify the extension to all tenderers. Return late tenders 3 Return tenders received after the deadline for tender submission unopened to the tenderer submitting a late tender. Tenders will be deemed late if they are not received at the designated facsimile machine or in the designated tender box at the date and time stipulated as the deadline for tender submission. Tender opening 4 Open the tenders in the presence of the tenderers’ representatives who choose to attend at the time and place stated in the Tender Data. Tenders for which an acceptable notice of withdrawal has been submitted will not be opened. 5 At tender opening, Eskom will announce the names of the tenderers. Prices and lead times for completion will be announced, unless otherwise stated in the Tender Data. Two-envelope system 6 Where stated in the Tender Data that a two-envelope system is to be followed, open only the technical proposals in the presence of tenderer’s representatives and announce the name of each tenderer. 7 Evaluate the quality of the technical proposals and advise tenderers on who remains in contention for the award of the contract. Return unopened financial proposals to tenderers whose technical proposals failed to meet the minimum criteria. 240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial Effective May 2013 of 9 240-62044728 Unique Identifier Eskom Holdings SOC Limited’s Standard Revision Rev. 1 Conditions of Tender Revision Date May 2016 Group Technology & Commercial Non-disclosure 8 Unless required to do so by law, not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tenders and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. Grounds for rejection 9 Consider rejecting a tender if there is any effort by a tenderer to influence the processing of tenders or contract award. Disqualification 10 Immediately disqualify a tenderer (and his tender) if it is established that the tenderer offered an inducement to any person with a view to influencing the placing of a contract arising from this Invitation to Tender. Test for responsiveness 11 Determine before detailed evaluation, whether each tender properly received Meets the requirements of these Conditions of Tender, Has been properly signed, and Is responsive to the requirements of the tender documents. 12 Judge a responsive tender as one which conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in Eskom's opinion would Detrimentally affect the scope, quality, or performance of the works, services or supply identified in the specification, Change Eskom's or the tenderer's risks and responsibilities under the contract, or Affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. 13 A tenderer’s failure to comply with the said conditions of tender or failure to provide any compulsory documentation required for purposes tender evaluation and the determination of competitive ranking will render a tender non-responsive. Gatekeepers 14 A tenderer’s failure to meet stipulated gatekeepers (pre-requisites for evaluation) will also render the tender / offer non-responsive. Copies of Tenders 15 It must further be noted that a tenderer’s failure to provide the necessary copies of the original tender and in the stipulated format, will also disqualify the tenderer from further evaluation. Tenderers will not be permitted to provide the required copies after tender / enquiry closing, and Eskom will not be responsible for the making of copies for the purposes of evaluation, in an effort to avoid the risks of tender tampering. Non-responsive tenders 16 Reject a non-responsive tender, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation. 240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial Effective May 2013 of 9 240-62044728 Unique Identifier Eskom Holdings SOC Limited’s Standard Revision Rev. 1 Conditions of Tender Revision Date May 2016 Group Technology & Commercial Arithmetical errors 17 Check responsive tenders for arithmetical errors, correcting them as follows: Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern. If a bill of quantities applies and there is a discrepancy between the rate and the line item total, resulting from multiplying the rate by the quantity, the rate as quoted shall govern. Where there is an obviously gross misplacement of the decimal point in the rate, the line item total as quoted shall govern, and the rate will be corrected. Where there is an error in the total of the Prices, either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the Prices, if any, will be corrected. The corrected price will be communicated to the tenderer. The tenderer may withdraw the tender, but may not change the tendered price. 18 Reject a tender if the tenderer does not accept the corrected total of the Prices (if any). Evaluating the tender 19 Evaluate responsive tenders in accordance with the procedure and criteria stated in the Tender Data. Unless required to do so by law, the evaluated tender price will be disclosed only to the relevant Eskom adjudicating authority and will not be disclosed to tenderers or any other person until after the award of the contract to the successful tenderer. Clarification of a tender 20 Obtain from a tenderer clarification of any matter in the tender which may not be clear or could give rise to ambiguity in a contract arising from this tender if the matter were not to be clarified. Acceptance of tender 21 Notify Eskom's acceptance to the successful tenderer before the expiry of the validity period, or agreed additional period. Notice to unsuccessful 22 After the successful tenderer has acknowledged Eskom’s notice of acceptance, tenderers notify other tenderers in accordance with Eskom’s current procedures that their tenders have not been accepted. Prepare contract 23 Revise the contract documents issued by Eskom as part of the tender documents documents to take account of Addenda issued during the tender period, Inclusion of some of the tender returnables, and Other revisions agreed between Eskom and the successful tenderer, before the issue of Eskom’s notice of acceptance (of the tender). The schedule of deviations attached to the Form of Agreement, if any. Sign Form of Agreement 24 Arrange for authorised signatories of both parties to complete and sign the original and one copy of the Form of Agreement. Provide copies of the 25 Provide to the successful tenderer the number of copies stated in the Tender contracts Data of the signed copy of the contracts. 240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial Effective May 2013 of 9

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

Eskom's rights to accept 6 Eskom may accept or reject any variation, deviation, tender, or alternative

or reject any tender tender, and may cancel the tender process and reject all tenders at any time

prior to the formation of a contract. Eskom or the Eskom Representative will not

accept or incur any liability to a tenderer for such cancellation and rejection, but

will give written reasons for the action upon written request to do so. Eskom

reserves the right to accept the whole of any part of any tender.

For further details on Eskom’s procurement processes, please refer to the

Eskom Supply Chain Policy 32-1033 on the following link:

http://www.eskom.co.za/c/61/eskom-purchasing-policies/”.

may abandon the proposed work and services, have it performed in any other

manner, or re-issue a similar invitation to tender at any time. Eskom, its

subsidiaries, shareholders, advisors, directors, employees, representative

including the Eskom Representative shall not be liable for any losses, claims or

damages of whatsoever nature or howsoever arising which may be sustained by

a tenderer or any other person as a result of any amendment, termination or

suspension of the process set out in this Invitation to Tender (and all its

schedules and annexures) or which may be sustained by any tenderer or any

other person arising out of or pursuant to its participation in the tender process

outlined in this Invitation to Tender, or its exclusion from participating in the

tender process at any point.

240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial

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240-62044728

Eskom’s right to 7 Eskom reserves the right to enter into mandated negotiations with any one or

negotiate more selected tenderers in accordance with Eskom’s approved procurement

policies and procedures.

Disclaimer regarding 8 While Eskom takes all reasonable measures to ensure that all information

accuracy of tender contained in the tender documents is correct and complete, Eskom does not,

documents

however,make any representations or warranties, express or implied, as to the

accuracy or completeness of such information and Eskom expressly disclaims

any and all liability for such representations, warranties or statements.

restriction to do business with Eskom.

Cost of tendering 2 Accept that Eskom will not compensate the tenderer for any costs incurred in the

preparation and submission of a tender, or the negotiation of any contract,

including the costs of any testing necessary to demonstrate that aspects of the

tender satisfy the evaluation criteria.

Check documents 3 Check the tender documents on receipt, including pages within them, and notify

the Eskom representative of any discrepancy or omissions using the enclosed

fax-back form.

Confidentiality and 4 Treat as confidential all matters arising in connection with the tender. Use and

copyright of documents copy the documents provided by Eskom only for the purpose of preparing and

submitting a tender in response to this Invitation to Tender.

Standardised 5 Obtain, as necessary for submitting a tender, copies of the latest revision of

specifications and other standardised specifications and other publications, which are not attached butpublications

which are incorporated into the tender documents by reference.

Acknowledge receipt 6 Complete the Receipt of Invitation to Tender and submit the tender fax-back

form, which is attached to the Letter of Invitation, and return it within 5 (five) days

of receipt of the Invitation to Tender.

tenderer

Submit bonds, policies 32 If instructed by the Eskom Representative (before the formation of a contract),

etc. submit for Eskom’s acceptance, the bonds, guarantees, policies and certificates

of insurance required to be provided by the successful tenderer in terms of the

conditions of contract.

240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial

Effective May 2013

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240-62044728

if it were to be rectified.

13 A tenderer’s failure to comply with the said conditions of tender or failure to

provide any compulsory documentation required for purposes tender evaluation

and the determination of competitive ranking will render a tender non-responsive.

Gatekeepers 14 A tenderer’s failure to meet stipulated gatekeepers (pre-requisites for evaluation)

will also render the tender / offer non-responsive.

Copies of Tenders 15 It must further be noted that a tenderer’s failure to provide the necessary copies

of the original tender and in the stipulated format, will also disqualify the tenderer

from further evaluation. Tenderers will not be permitted to provide the required

copies after tender / enquiry closing, and Eskom will not be responsible for the

making of copies for the purposes of evaluation, in an effort to avoid the risks of

tender tampering.

Non-responsive tenders 16 Reject a non-responsive tender, and not allow it to be subsequently made

responsive by correction or withdrawal of the non-conforming deviation or

reservation.

240-62044728 Std Conditions Tender PUBLIC TE – Group Technology & Commercial

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tender satisfy the evaluation criteria.

health, environmental and quality (SHEQ) systems, policies and capabilities are

declare the tender non-responsive during tender evaluation. All costs and

{"name":null,"email":"[email protected]","phone":"+27 11 800 3187","department":null,"address":"nt, just and equal for all."}

Bidders must be registered on the Central Supplier Database (CSD) and hold a valid SARS Tax Clearance (TCS or tax pin). They must also comply with B-BBEE requirements as per the PPPFA. No specific CIDB grading or local content percentages are stated in the provided document.

This Code of Ethics outlines and provides for the ethical standards and behaviour that is required of all

directors and employees of Eskom Holdings Limited.

2 The Way – Living the Eskom values through our Code of Ethics

The Way, Eskom’s Code of Ethics, defines the road we need to take as we walk together into the

future. It reflects our organisation’s commitment to the highest ethical standards and principles in all

Eskom business. Our Code not only describes the acceptable behaviour and attitudes that are

essential in living the Eskom values of Integrity, Excellence, Customer Satisfaction and Innovation, but

it also establishes the foundation for the interaction of Eskom’s Board of Directors and employees with

colleagues, customers, suppliers, shareholders, the environment, the public and other stakeholders.

Our Code of Ethics will show us the way. The Eskom Way. Clear direction will ensure that we walk the

talk.

Eskom commits itself to upholding its values and ethical standards, and demonstrating this

commitment to all its stakeholders. Therefore, Eskom’s directors and employees are required to apply

the Code of Ethics in their day-to-day activities, especially if there are no rules governing decisions.

Adhering to this Code of Ethics is not optional; it is the way we do business at Eskom. This way, we

will be role models for each other. And Eskom, in turn, will be a role model amongst its peers.

Our Code of Ethics should be read together with the Supplementary Code information, Eskom policies

and legislation. Any contravention of the Code and applicable Eskom directives, policies and

standards will result in disciplinary action, which is transparent, just and equal for all.

Should you become aware of any unethical behaviour or non-compliance with this Code, it is your duty

to address it and/or report it. Eskom will protect employees, who have reported suspected violations of

the Code, against any form of victimisation or occupational detriment, and will make every effort to

protect the confidentiality of anyone reporting a breach of the Code.

Together, we will build an ethical Eskom

Integrity

Acting the Eskom Way

In Eskom we demonstrate Integrity:

By being respectful;

• We treat our colleagues, customers, suppliers and other stakeholders with respect by being

compassionate and by being considerate to their rights, dignity and well-being.

• We appreciate and value the diversity of our workforce and the uniqueness of each employee.
• We respect Eskom and our stakeholders’ assets by using them for the purpose that they are

intended; and not to gain personally through the abuse of assets and resources.

• We respect the environment which we operate in by continuously looking for ways in which we can

improve our impact on the environment.

By being honest and trustworthy;

• We communicate openly and honestly with our colleagues, and ensure that we use the right

channels to keep our customers, suppliers, shareholder and other stakeholders informed of

matters affecting them.

• We keep our promises and provide accurate information.
• We establish trust among our colleagues, customers, suppliers and other stakeholders through

teamwork and open communication.

• We protect confidential information, and only share it with those who are authorised to have access.

By being professional at all times, and loyal to the organisation, our country, and its people;

• We perform our duties with care and dedication, paying attention to detail, delivering what is

expected, and giving our best at all times.

Public

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