Ash disposal facility dust suppression and maintenance services at kusile power station (5-Year contract)

The contract is a 5-year maintenance contract for the dust suppression system at the Kusile Power Station Ash Disposal Facility. The scope of work includes the maintenance of the dust suppression system, with pricing data provided under Option A (TSC3). The price list is a pricing document only, not service information; the contractor must link price list items to the plan operations.

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

Returnable documents include the completed TSC3 Pricing Data (Option A) with the price list in section C2.2, and the pricing assumptions in C2.1. The price list must be completed in the prescribed format, with entries in the first four columns made either by the Employer or the tendering contractor. The contract is a priced contract where prices are derived from a price list, with items priced as lump sums or as expected quantities multiplied by rates. The price list includes columns for item, material number, description, quantity, unit price, and total price. Bidders must price all items inclusive of everything necessary and incidental to providing the service, and must understand that there is no adjustment to lump-sum items if quantities differ from estimates. The only basis for a change to lump-sum prices is a compensation event.

No eligibility criteria specified

The scope of work is the maintenance of the dust suppression system at the Kusile Power Station Ash Disposal Facility, under a 5-year contract. The contract includes a price list (C2.2) and pricing assumptions (C2.1). The contractor must provide a plan (clause 21.2) that links operations to the price list items, ensuring that operations shown on the plan can be priced and result in satisfactory cash flow. The Employer may list items in the Instructions to Tenderers or Tender Schedule that the contractor must include in the price list.

reference pages

C2.1 Pricing assumptions: Option A 2

C2.2 The price list [●]

Part c2: pricing data c2 tsc3 cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

C2.1 Pricing assumptions: Option A

prepared and priced by him.

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

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

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

incidental to Providing the Service in accordance with the Service Information, as it was at the

time of tender, as well as correct any Defects not caused by an Employer’s risk;

• Has priced work he decides not to show as a separate item within the Prices or rates of other

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

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

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

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

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

C2.2 the price list

Table 1: Spares List

Part c2: pricing data c2.2 TSC3/A price list

Pricing data is provided under Option A (TSC3). The price list format includes columns for item, material number, description, quantity, unit price, and total price. The contract is a priced contract where prices are derived from a price list, with items priced as lump sums or as expected quantities multiplied by rates. The contractor must price all items inclusive of everything necessary and incidental to providing the service. There is no adjustment to lump-sum items if quantities differ from estimates; the only basis for a change is a compensation event.

• Understands there is no adjustment to items priced as lump sums if the amount, or quantity, of

work within that item later turns out to be different to that which the Contractor estimated at time of

tender. The only basis for a change to the (lump sum) Prices is as a result of a compensation

event.

4.1. Format of the price list

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

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

tendering contractor.

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{"closingTime":"12:00"}

Submission of the SBD 6.2 Declaration Certificate and Annex C is mandatory; failure to submit may lead to disqualification. The bid must comply with the stipulated minimum local content threshold (not specified in the document). The declaration must be signed by the Chief Financial Officer or another legally responsible person nominated in writing by the Chief Executive or senior member with management responsibility. The obligation to complete and sign the declaration cannot be transferred to an external representative, auditor, or third party.

of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

3. Does any portion of the goods or services offered

have any imported content?

(Tick applicable box)

Yes NO

3..1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.5 of the general conditions must be the rate(s) published

by SARB for the specific currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below

(refer to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

4. Where, after the award of a bid, challenges are experienced in meeting the stipulated

minimum threshold for local content the dtic must be informed accordingly in order for the

DTIC to verify and in consultation with the AO/AA provide directives in this regard.

Local content declara

I, the undersigned, ..................................................................................... (full names),

do hereby declare, in my capacity as ............................................. ...........

of ...............................................................................................................(name of bidder

entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid

comply with the minimum local content requirements as specified in the bid, and

as measured in terms of SATS 1286:2011; and

(c) The local content percentage (%) indicated below has been calculated using the

formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in

paragraph 4.1 above and the information contained in Declaration D and E which has

been consolidated in Declaration C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

No specific requirements found

B-BBEE Details: tution has the right to request that the

local content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the

information furnished in this application. I also understand that the submission of

incorrect data, or data that are not verifiable as described in SATS 1286:2011, may

result in the Procurement Authority / Institution imposing any or all of the remedies as

provided for in Regulation 9.1 of the Preferential Procurement Regulations, 2022

promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. ).

Signature: date: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

Annexure C - Local content Declaration-Summary Schedule

Adobe Acrobat

Document

Annexure D - Imports Declaration (which is supporting schedule to Annex

C).

Adobe Acrobat

Document

Annexure E - Local Content Declaration which is supporting Schedule to

Annex C)

Adobe Acrobat

Document

3..1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.5 of the general conditions must be the rate(s) published

by SARB for the specific currency at 12:00 on the date of advertisement of the bid.

formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in

paragraph 4.1 above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the

local content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the

information furnished in this application. I also understand that the submission of

incorrect data, or data that are not verifiable as described in SATS 1286:2011, may

result in the Procurement Authority / Institution imposing any or all of the remedies as

provided for in Regulation 9.1 of the Preferential Procurement Regulations, 2022

promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. ).

Signature: date: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

x is the imported content in Rand

y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using

the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the

date of advertisement of the bid as indicated in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is

accessible on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.5. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content

Declaration: Summary Schedule) are not submitted at the stipulated deadlines.

2. The stipulated minimum threshold(s) for local production and content (refer to

Annex A of SATS 1286:2011) for this bid is/are as follows:

The contract is for the maintenance of the Kusile Power Station Ash Disposal Facility Dust Suppression System over a five-year period, under an NEC3 Term Service Contract. The contract requires the Contractor to provide security for its obligations, specifically a Parent Company Guarantee and a Performance Bond, in the form of demand guarantees from a bank. The pro forma documents for these guarantees are provided as part of the Service Information and must be reproduced exactly on the bank's letterhead.

{"name":null,"email":null,"phone":null,"department":null,"address":"g meanings"}

Submit the completed pro forma bond or guarantee documents on the bank's letterhead, with the text and format unchanged, and with all required details filled in. The completed documents must be delivered to Eskom within the time stated in the contract. The forms required are the Performance Bond (Demand Guarantee) and the ASGI-SA Guarantee, both in the pro forma formats provided. Any alteration to the text or format, or failure to complete the required details, may render the security unacceptable.

The contract covers the maintenance of the Kusile Power Station Ash Disposal Facility Dust Suppression System over a five-year period. The contract is an NEC3 Term Service Contract (TSC3). The Contractor must provide security for its obligations under the contract, specifically a Parent Company Guarantee (Option X4) and a Performance Bond (Option X13). The security must be in the form of a demand guarantee from a bank, with the bank acting as principal, not surety. The guarantee must be payable on written demand from Eskom, up to the Guaranteed Sum, and must remain valid until the Expiry Date. The guarantee is a liquid document for court order purposes. The pro forma documents are part of the Service Information and must be reproduced exactly on the bank's letterhead.

The Contractor must provide a Parent Company Guarantee (Option X4) and a Performance Bond (Option X13) as security for its obligations. The guarantee must be issued by a bank and must be in the exact pro forma format provided, with no changes to text or format. The bank's liability is as principal, not surety, and payment is due on written demand from Eskom. The guarantee must be governed by the laws of the Republic of South Africa. The guarantee must be a liquid document for obtaining a court order.

not required, revise the notes below accordingly and delete this note.]

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X4: Parent company guarantee

Option X13: Performance Bond

Each of these secondary Options requires a bond or guarantee “in the form set out in the Service

Information”. Pro forma documents for these bonds and guarantees are provided here for convenience

but are to be treated as part of the Service Information.

letterhead without any change to the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

Pro forma Performance Bond – Demand Guarantee (for use

with Option X13)

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Eskom Holdings SOC Ltd Reference No. [●] [Drafting Note:

Performance Bond – Demand Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: ...... [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be

inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Services, entered into between

Eskom and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [.]

as amended, varied, restated, novated or substituted from time to time; [Drafting Note:

Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under

Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Eskom” - means Eskom Holdings SOC Ltd, a company registered in accordance with the

laws of the Republic of South Africa under Registration Number 2002/015527/30].

1.6 “Expiry Date” - means the earlier of

• the date that the Bank receives a notice from Eskom stating that all amounts due

from the Contractor as certified in terms of the contract have been received by

• the date that the Bank issues a replacement Bond for such lesser or higher amount

as may be required by Eskom

1.7 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.8 “Services” - means [insert as applicable.].

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in

our respective capacities as _____________ and ___________ of the Bank, and duly authorized

thereto, confirm that we hold the Guaranteed Sum at the disposal of Eskom, as security for the

proper performance by the Contractor of all of its obligations in terms of and arising from the

the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and

shall:

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

3.1 be signed on behalf of Eskom by a Group Executive, Divisional Executive, Senior General

Manager or its delegate;

3.2 state the amount claimed (“the Demand Amount’);

3.3 state that the Demand Amount is payable to Eskom in the circumstances contemplated in

the Contract.

principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances;

and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the

Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank

in terms hereof shall not be delayed, by the fact that a dispute may exist between Eskom

and the Contractor.

without advising us and without affecting our liability under this Guarantee. This includes, without

limitation, any extensions, indulgences, release or compromise granted to the Contractor or any

variation under or to the Contract.

under the Contract, then Eskom shall be entitled to cede to such third party the rights of Eskom

under this Guarantee on written notification to the Bank of such cession.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to Eskom and is neither negotiable nor

transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or

expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South

Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Bank’s seal or stamp

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Eskom Holdings SOC Ltd Reference No [●] [Drafting Note:

Pro-Forma ASGI-SA Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: [●] [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be

inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between the

Employer and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [●]

as amended, varied, restated, novated or substituted from time to time; [Drafting Note:

Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under

Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Contractor’s ASGI-SA Obligations” – means the Contractor’s ASGI-SA Obligations under and

as defined in the Contract.

1.6 “Employer” - means Eskom Holdings SOC Ltd, a company registered in accordance with the

laws of the Republic of South Africa under Registration Number 2002/015527/30.

1.7 “Expiry Date” - means the [●] day of [●] 200[●]; [Drafting Note: anticipated date of issue of

ASGI-SA Performance Certificate to be inserted.]

1.8 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.9 “Project” – means the ..............................

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in

our respective capacities as _____________ and ___________ of the Bank, and duly authorized

thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer, as security for

the proper performance by the Contractor of the Contractor’s ASGI-SA Obligations and hereby

undertake to pay to the Employer, on written demand from the Employer received prior to the

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and

shall:

3.1 state the amount claimed (“the Demand Amount’);

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

3.2 state that the Demand Amount is payable to the Employer in the circumstances contemplated in

the Contract.

principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances;

and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the

Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in

terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer

and the Contractor.

fit, without advising us and without affecting our liability under this Guarantee. This includes,

without limitation, any extensions, indulgences, release or compromise granted to the Contractor or

any variation under or to the Contract.

permitted under the Contract, then the Employer shall be entitled to cede to such third party the

rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor

transferable.

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry

hereof.

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa

and shall be subject to the jurisdiction of the courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and

unenforceable.

Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Bank’s seal or stamp

Part c1: agreements and contract data c1.3 Tsc3 proforma guarantees

The tender is for Ash Disposal Facility Dust and Maintenance at Kusile Power Station for a period of 5 years. The scope includes P&G's, Transportation, Health and Safety. The SDL&I strategy applies with specific goals for local procurement content, job creation, and B-BBEE improvement.

{"closingDate":"01 April 2023"}

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

Bidders must submit a valid B-BBEE certificate (SANAS accredited) or sworn affidavit (for EMEs/QSEs as applicable), proof of ownership/shareholding (preferably CIPC), certified ID copies of shareholders, and proof of disability where applicable. For trusts, consortia, or joint ventures, a consolidated B-BBEE certificate is required. Bidders must also submit a signed subcontracting agreement or letters of intent to subcontract at least 30% of the contract value to an eligible EME/QSE. Failure to provide preference point documentation will result in 0 points for specific goals. Bidders with B-BBEE level 4 must migrate to level 3 by end of first year; levels 5-8 or non-compliant must migrate to level 4 by end of first year and improve one level each subsequent year.

N/a

NOTE: Failure by the Contractor/Service Provider/Supplier to meet the CIDB CSDG mandatory %

will render their tender non-responsive.

2.4 Mandatory Subcontracting as condition of award

through their supply network. In certain cases, the SETA’s accredited training providers can be

approached to participate in developing critical and scarce skills.

Note: That these targets for skills development candidates categorically exclude Eskom

employees and registered learners. The tenderers are required to take full responsibility

for the total cost of developing the requisite skills, and Eskom shall not make any

financial contribution towards the fulfilment of this obligation. Tenderers also are

advised to approach their relevant SETAs to access grants, subsidies, and incentives

tender response must be separated into its components as per the Price Schedule included with

the tender documents. Local procurement content is total spending minus the imported

component.

Proof of ownership / shareholding (preferably CIPC documentation) inclusive of shareholding

B-BBEE Minimum Level: 0

Points Allocation: 20 points

B-BBEE Details: al Facility Dust and Maintenance At Kusile Power

Station For period of 5 years.

Duration of the Project For period of 5 years

Name of Buyer Gontse Novela

Section 1: Specific Goals

A maximum of 10/20 points may be awarded to a tenderer for the specific goal specified for the

tender. The points scored for the specific goal must be added to the points scored for price and the

total must be rounded off to the nearest two decimal places. Subject to section 2(1)(f) of the

Preferential Procurement Policy Framework Act, the contract must be awarded to the tenderer

scoring the highest points.

B-BBEE Status Level of Number of points Number of points

Contributor (90/10 system) (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

NB: The following documents are required to claim preference points,

• Valid B-BBEE certificate issued by a SANAS accredited verification agency / sworn affidavit /

CIPS affidavit

• Proof of ownership / shareholding (preferably CIPC documentation) inclusive of shareholding

breakdown

• Certified ID copies of shareholder(s)
• Proof of Disability (where applicable)
• In a case of a trust, consortium or joint venture (including incorporated consortia and joint

ventures),a consolidated B-BBEE status level verification certificate.

Tenderer failing to provide documentation for the allocation of preference points will not be

disqualified, but’

• May only score point out of 90/80 for price
• Scores 0 points out of 10/20 for specific goals

Confidential

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 authorised version on the system. No part of this document may be rep

Specific goals: maximum 10/20 points for B-BBEE status level under 90/10 or 80/20 system. Points table: Level 1 (10/20), Level 2 (9/18), Level 3 (6/14), Level 4 (5/12), Level 5 (4/8), Level 6 (3/6), Level 7 (2/4), Level 8 (1/2), Non-compliant (0/0). Documents required to claim preference points: valid B-BBEE certificate from SANAS accredited agency or sworn affidavit/CIPS affidavit, proof of ownership/shareholding (preferably CIPC) with breakdown, certified ID copies of shareholders, proof of disability where applicable, and consolidated B-BBEE certificate for trusts, consortia, or joint ventures. Tenderers failing to provide documentation will not be disqualified but may only score out of 90/80 for price and 0 for specific goals.

• P&g’s
• Transportation
• Health and Safety

ensure their validity:

• Name/s of deponent as they appear in the identity document and the identity number.
• Designation of the deponent as the director, owner or member must be indicated in order to know that person is duly

authorised to depose of an affidavit. (Mark the applicable option).

• Name of enterprise as per enterprise registration documents issued by the CIPC, where applicable, and enterprise

business address.

• Percentage of black ownership, black female ownership and designated group. In the case of specialised enterprises

as per Statement 004, the percentage of black beneficiaries must be reflected. (No blank spaces to be left).

• Indicate total revenue for the year under review and whether it is based on audited financial statements or

management account. (Mark the applicable option).

• Financial year end as per the enterprise’s registration documents, which was used to determine the total revenue.

(Financial year end to be stipulated by day/month/year).

• B-BBEE Status level. An enterprise can only have one status level. (Tick applicable level)
• Empowering supplier status must be indicated. For QSEs, the deponent must select the basis for the empowering

supplier status.

• Date deponent signed and date of Commissioner of Oath must be the same. (The sworn affidavit must be signed in

the presence of the Commissioner of Oath. Furthermore the Commissioner must also sign and stamp)

• Commissioner of Oath cannot be an employee or ex officio of the enterprise because, a person cannot by law,

commission a sworn affidavit in which they have an interest.

Compiled by: XXX

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

SDL&I penalty and performance security: Eskom will apply a penalty of 2% of contract value for failure to meet SDL&I obligations. Eskom will retain 2% of every invoice (excluding VAT) as security, released only upon fulfilment of all SDL&I obligations.

Reporting and monitoring: suppliers must submit quarterly reports using Data Collection Template. Eskom reviews reports within 30 days and notifies in writing if obligations not met. Suppliers must implement corrective measures before next report, failing which retention clauses are invoked. SDL&I Implementation Schedule must be completed and returned within 28 days after contract award for monitoring.

Tenderers must submit proposals for the type and number of jobs created and retained in South Africa. Candidates must be representative of SA demographics. Local procurement content refers to value added in South Africa. Tenderers must indicate the extent to which they will maintain or improve their B-BBEE status over the contract period. Sworn affidavits must include deponent's name as per ID, ID number, designation, enterprise name as per CIPC, and date of signing must match date of Commissioner of Oath.

Additional evaluation criteria include SDL&I obligations. Eskom will apply a penalty of 2% of contract value for failure to meet SDL&I obligations. Eskom will retain 2% of every invoice for the duration of the contract. Tenderers must complete an SDL&I Implementation Schedule which will be used for monitoring, measuring and reporting on progress. B-BBEE improvement milestones: Level 4 must achieve Level 3 by end of first year; Levels 5-8 or non-compliant must achieve Level 4 by end of first year and improve one level each subsequent year.

{"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}"}

Site visit and/or clarification meeting: Tenderers must attend if stipulated as compulsory; failure to attend will result in disqualification. Details are in the Tender Data. Tenderers may ask questions for clarity during the meeting.

Submission requirements: Submit complete original tender plus one hard copy (or electronic via Eskom E-tendering) by closing date/time. Mark packages as ORIGINAL and COPY, seal in outer package marked Confidential with required details. Sign the tender. Complete and submit mandatory tender returnables by closing date/time; documents required for contract award must be submitted before award. Proof of authority to act as agent must be submitted as a tender returnable. The Acknowledgement Form must be completed and submitted with the tender.

Eskom will determine basic compliance before detailed evaluation. Functionality and B-BBEE scorecard elements may not be used as objective criteria. The document does not specify the evaluation weighting or specific criteria for this tender.

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

B-BBEE: Score B-BBEE level as stated on CSD report or certificate/affidavit. If pre-qualification criterion, proof must be provided at closing; otherwise disqualified. If sub-contracting to designated groups, provide sub-contractors' B-BBEE status and CSD number or certificate at closing. Fraudulent or expired documents may lead to disqualification; if not provided, score zero under PPPFA. Misrepresentation or fronting reported to B-BBEE Commission; suspension up to 10 years.

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

Late tenders will not be accepted. Eskom will not assume responsibility for misplacement or premature opening if packaging is incorrect. Tenderers must hold tender valid for the validity period and extend if requested. Tenderers must treat all matters as confidential and use documents only for preparing the tender. Tenderers must comply with relevant legislation and regulatory instruments (NT instructions, CIDB, PPPFA, B-BBEE, COIDA, OHS Act, SHEQ). Proof of SHEQ systems must be provided. CIDB registration required where stipulated. Contract Skills Development Goals (CSDG) and Contract Participation Goals (CPG) apply where applicable. SDL&I Undertaking must be completed and submitted by contract award. Information on designated materials and thresholds must be submitted by contract award. Provision of security for performance: indicate at least two financial institutions.

Eligibility: Tenderer must comply with eligibility criteria in Tender Data, not be under restriction to do business with Eskom or State-Owned Companies. Tenderers are not permitted to sub-contract 100% of the scope of work; such tenders will be deemed ineligible and disqualified.

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

Maintenance 5 Year Contract Scope of Work for Kusile Power Station Ash Disposal Facility Dust Suppression System.

{"name":null,"email":null,"phone":"011 803 3008","department":null,"address":"l, according to Options chosen, is essential to create a complete contract."}

Qualifications and experience required for key personnel.

CVs (and further key person's data including CVs) must be provided.

Key people must have relevant job, responsibilities, qualifications, and experience.

statement however other clauses may also use the same data.

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

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

Contract type: NEC3 Term Service Contract (April 2013) with Contract Data Part 2 (TSC3).

Contract number: to be completed.

Contract duration: 5 years.

Scope: Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance.

Contract data includes: price list, key people, risk register, service information.

Pricing: priced contract with price list; direct fee percentage and subcontracted fee percentage to be inserted.

Key people: names, job titles, responsibilities, qualifications, experience, CVs required.

{"name":null,"email":null,"phone":null,"department":null,"address":"n the conditions of contract identified"}

Submit the completed Form of Offer and Acceptance (Part C1) with the required signatures and witness. The offer must include the offered total price exclusive of VAT, VAT amount, and the total inclusive of VAT. The tenderer must provide its CIDB registration number. Alternative tenders must be submitted on separate copies of the Form of Offer. The contract comes into effect only when the Employer receives a fully completed and signed original of the Form of Offer and Acceptance, including any Schedule of Deviations. The tenderer must arrange delivery of any securities, bonds, guarantees, proof of insurance, and other documentation required by the Contract Data at or just after the contract comes into effect. Failure to fulfil these obligations constitutes repudiation of the agreement.

The tenderer must be a valid legal entity and provide a valid CIDB registration number (if applicable). No other evaluation criteria are stated in the document.

The technical requirements are defined in the Scope of Work for the Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract. The contract comprises Part C1 (Agreements and Contract Data, including the Form of Offer and Acceptance), Part C2 (Pricing Data), and Part C3 (Scope of Work: Service Information), along with any drawings and documents incorporated by reference.

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

Part C2 Pricing Data

Part C3 Scope of Work: Service Information

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

listed Parts.

The tenderer must complete the Pricing Data (Part C2) and provide the offered total price exclusive of VAT, the VAT amount at 15%, and the total inclusive of VAT. The total is required for budgeting purposes only. The tenderer must also provide any securities, bonds, guarantees, proof of insurance, and other documentation required by the Contract Data.

The tenderer must be a valid legal entity and provide a valid CIDB registration number. The tenderer must submit a completed and signed Form of Offer and Acceptance, including any Schedule of Deviations. The tenderer must comply with the conditions of contract identified in the Contract Data, including providing required securities, bonds, guarantees, and insurance.

signature of Date

witness

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

of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange

the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be

provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this

agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall

constitute a repudiation of this agreement.

The service is the Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work. The Affected Property is Kusile Power Station. The Service Information is in Part 3: Scope of Work and all documents and drawings to which it makes reference.

{"name":null,"email":"[email protected]","phone":"+27 11 800 8111","department":"ed States Dollars, and if no","address":"C Ltd (reg no"}

Bidders must be registered on the CSD (Central Supplier Database) and have a valid tax clearance (SARS TCS or tax pin). Bidders must complete and submit all required National Treasury standard forms, including SBD 1 (Invitation to Bid), SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), SBD 8 (Declaration of Bidder's Past Supply Chain Management Practices), SBD 9 (Certificate of Independent Bid Determination), and any other forms specified in the tender pack. Bidders must provide a performance bond of 10% of the contract value. Bidders must have the financial capacity to provide the required insurance as per Insurance Table A. Bidders must comply with the B-BBEE requirements and notify Eskom of any change in B-BBEE status. Bidders must not have been involved in any prohibited actions (corrupt, fraudulent, collusive, coercive, or obstructive) as defined in the ethics clause.

clauses

X1 Price adjustment for inflation

X1.1 The base date for indices is The rates are to be fixed for the first 12 months

of the contract period. Thereafter, the following

indices shall apply for adjustment on each

anniversary date of the contract.

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

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

Employer's procedures stated in the Service Information, showing the amount due for payment

equal to that stated in the payment certificate.

Z7.2 If the Contractor does not provide a tax invoice in the form and

No specific requirements found

B-BBEE Details: med to be jointly

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

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

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

the Contractor on their behalf.

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

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

been given to the Contractor in writing.

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

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

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

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

Contractor notifies the Employer within seven days of the change.

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

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

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

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

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

obligation to Provide the Service.

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

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

The contract contains B-BBEE change provisions. If the Contractor's B-BBEE status decreases after the Contract Date, the Employer may re-negotiate the contract or terminate the Contractor's obligation to provide the service. The Contractor must notify the Service Manager within two weeks of the Contract Date of the key person authorised to bind the Contractor.

20.4 The Contractor prepares forecasts of the N/A

total Defined Cost for the whole of the

service at intervals no longer than

50.6 The exchange rates are those published in N/A

53.1 The Contractor's share percentages and N/A Contractor’s

the share ranges are share %-age

53.3 The Contractor’s share is assessed on

(dates) N/A

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

such images vests exclusively in the Employer.

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

Z5 Waiver and estoppel: Add to core clause 12.3:

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

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

writing.

Z6 Health, safety and the environment: Add to core clause 27.4

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

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

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

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

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

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

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

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

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

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

execution of the service; and

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

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

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

likewise observe and comply with the foregoing.

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

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

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

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

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

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

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

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

the Contractor to the Employer’s insurance.

Employer’s property

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

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

Materials Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

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

Equipment Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

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

loss of or damage to property The replacement cost

(except the Employer’s

property, Plant and Materials

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

bodily injury to or death of a The amount required by the applicable law.

person (not an employee of the

Contractor) arising from or in

connection with the

Contractor’s Providing the

Service

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

injury to employees of the

Contractor arising out of and in

the course of their employment

in connection with this contract

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

Insurance 86

by the

Employer

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

Insurance table b

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

Insurance against or name Minimum amount of cover or minimum limit

of policy of indemnity

Assets All Risk Per the insurance policy document

Contract Works insurance Per the insurance policy document

Environmental Liability Per the insurance policy document

General and Public Liability Per the insurance policy document

Transportation (Marine) Per the insurance policy document

Motor Fleet and Mobile Plant Per the insurance policy document

Terrorism Per the insurance policy document

Cyber Liability Per the insurance policy document

Nuclear Material Damage and Per the insurance policy document

Business Interruption

Nuclear Material Damage Per the insurance policy document

Terrorism

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

clauses and the clauses for main Option:

A: Priced contract with price list

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X13 : Performance Bond

X17: Low service damages

X18: Limitation of liability

X19: Task Order

Z: Additional conditions of contract

of the NEC3 Term Service Contract April

20131 (tsc3)

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

2002/015527/30), a state owned company

incorporated in terms of the company laws of

the Republic of South Africa

50.1 The assessment interval is 14 days from receipt of invoice, between the

14th and last day of each successive month

51.1 The currency of this contract is the South African Rand

51.2 The period within which payments are

made is 4 weeks after acceptance of an invoice

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

(calculated on a 365 day year) charged by from

time to time by the Standard Bank of South

Africa Limited (as certified, in the event of any

dispute, by any manager of such bank, whose

appointment it shall not be necessary to prove)

for amounts due in Rands and

(ii) the LIBOR rate applicable at the time for

amounts due in other currencies. LIBOR is the

6 month London Interbank Offered Rate quoted

under the caption “Money Rates” in The Wall

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

no rate is quoted for the currency in question

then the rate for United States Dollars, and if no

such rate appears in The Wall Street Journal

then the rate as quoted by the Reuters Monitor

Money Rates Service (or such service as may

replace the Reuters Monitor Money Rates

Service) on the due date for the payment in

question, adjusted mutatis mutandis every 6

months thereafter (and as certified, in the event

of any dispute, by any manager employed in the

foreign exchange department of The Standard

80.1 These are additional Employer's risks 1. Delay on delivery

9 Termination Refer to NEC3 ECC terms and conditions of core

clause 9

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

elsewhere in this Contract Data.

X13 Performance bond

X13.1 The amount of the performance bond is 10%

X17 Low service damages

X17.1 The service level table is in Annexure A to these contract data

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer

for indirect or consequential loss is limited

to R0.0 (zero Rand)

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

liability to the Employer for loss of or event

damage to the Employer’s property is

limited to

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

his design of an item of Equipment is limited

to

• the total of the Prices at the Contract Date

and

• the amounts excluded and unrecoverable

from the Employer’s insurance (other than

the resulting physical damage to the

Employer’s property which is not excluded)

plus the applicable deductibles

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

in connection with this contract, other than

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

excluded matters is not limited.

for which the Contractor is liable under this

contract for

• Defects due to his design, plan and

specification,

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

• Defects due to manufacture and fabrication

outside the Affected Property,

• loss of or damage to property (other than

the Employer’s property, Plant and

Materials),

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

right.

X18.5 The end of liability date is Six (6) months after the end of the service

period.

X19 Task Order

X19.5 The Contractor submits a Task Order

programme to the Service Manager within 24 hours of receiving the Task Order

X20 Key Performance Indicators (not used

when Option X12 applies)

X20.1 The incentive schedule for Key

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

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

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

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

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

obligation to Provide the Service.

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

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

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

and A3 as stated in clause 93.

Z4 Confidentiality

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

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

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

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

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

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

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

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

regarded as such until notified otherwise by the Service Manager.

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

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

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

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

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

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

confidential treatment will be afforded to the information so disclosed.

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

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

Z9 Employer’s limitation of liability

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

limited to R0.00 (zero Rand)

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

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

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

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

Z10

point, after the words "against it":

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

Z11 Ethics

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

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

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

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

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

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

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

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

Z12 Insurance

Z 12.1 Replace core clause 83 with the following:

Insurance cover 83

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

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

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

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

certificate.

Part c1: agreements and contract data c1.2A Tsc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance 5 Year Contract Scope of Work.

the Contractor to the Employer’s insurance.

Employer’s property

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

Materials Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

Equipment Employer’s insurance.

The Employer’s policy deductible as at Contract

Date, where covered by the Employer’s insurance.

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

loss of or damage to property The replacement cost

(except the Employer’s

property, Plant and Materials

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

bodily injury to or death of a The amount required by the applicable law.

person (not an employee of the

Contractor) arising from or in

connection with the

Contractor’s Providing the

the course of their employment

in connection with this contract

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

Insurance 86

by the

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

Transportation (Marine) Per the insurance policy document

Service Manager: Siboniso Dladla, Kusile Power Station, Tel 0177798760, e-mail [email protected]. Employer: Eskom Holdings SOC Ltd, registered office at Megawatt Park, Maxwell Drive, Sandton, Johannesburg, Tel +27 11 800 8111.

{"closingDate":"1 March 2022"}

Returnable documents include Evaluation Pack A (for companies/CCs/trusts) or Evaluation Pack B (for individuals), and various appendices (1-9) depending on answers, including affidavits and declarations regarding employment, connected persons, and tax status. Appendix 7 must be signed if the contractor is a dependent contractor or personal service provider, and code 3616 must be marked. If Appendix 7 is not signed, Appendix 8 must be signed. Appendix 9 is required for non-residents. The 'Particulars of Individual' section must be signed at the end of the pack.

Bidders must be residents of South Africa unless they sign Appendix 9 and have their status reviewed by Eskom's Group Tax Department. Entities must employ three or more full-time employees who are not connected persons to qualify as independent contractors (Appendix 1). Individuals providing services must confirm they provide a service, not people (Appendix 5). Labour brokers must hold a valid IRP30 certificate to avoid PAYE withholding (Appendix 6). Bidders classified as dependent contractors or personal service providers must sign Appendix 7 and will have PAYE withheld. Independent contractors must sign Appendix 8. Non-residents must sign Appendix 9.

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

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

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

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

consequences of such classification.

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

subsidiaries with services or Individual Contractors providing Eskom with labour.

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

truthfully.

Answering the questions will direct you to your next step.

Please note:

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

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

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

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

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

• Eskom Rotek Industries SOC Ltd

• Eskom Enterprises SOC (Pty) Ltd

• Escap SOC (Pty) Ltd

• Eskom Finance Company SOC (Pty) Ltd

• Eskom Foundation NPC

• National Transmission Company SA

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

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

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

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

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

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

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

ease of reading.

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

this Pack;

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

Disclaimer

Applicable to the 2022/2023 Tax Years

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

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

Contractor type

Supplier category

Please complete the following questionnaire for:

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

Individuals - EVALUATION PACK B on .

Applicable to the 2022/2023 Tax Years

Evaluation pack a

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

Service Provider)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for a company or close corporation or

Trust

Contractor’s Name* Vendor No.

Duly Authorised Representative Name Representative Surname

Capacity Representative ID No.*

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

VAT Registration No. Income Tax Registration No.*

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

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

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

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

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

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

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

Applicable to the 2022/2023 Tax Years

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

"X".

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

1. RESIDENCE Yes No

Question 1(i)

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

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

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

If the answer is No:

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

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

• No further questions must be answered.

2. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 2(i)

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

beneficiaries of the Company/CC/Trust)?

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

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

Question 2(ii)

Are these employees employed:

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

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

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

Question 2(iii)

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

beneficiaries of the Company/CC/Trust?

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

If the answer is No:

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

from your payments.

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

from your payments.

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

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

Applicable to the 2022/2023 Tax Years

3. SERVICES RENDERED BY A CONNECTED PERSON Yes No

Question 3(i)

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

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

Appendix 10 for the definition of a Connected person).

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

If the answer is No:

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

from your payments.

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

from your payments.

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

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

4. MORE THAN 80% OF INCOME TEST Yes No

Question 4(i)

During the current year of assessment:

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

received either directly or indirectly, from:

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

the definition of an Associated institution)

If the answer is Yes:

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

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

If the answer is No:

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

from your payments.

• Go to Question 5(i).

5. PLACE, CONTROL AND SUPERVISION TEST Yes No

Question 5(i)

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

the premises of Eskom,

And

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

manner in which your duties are to be performed?

If the answer is Yes to BOTH questions:

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

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

If the answer is No:

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

from your payments.

• Go to Question 6(i).

Applicable to the 2022/2023 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

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

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

and when a specific deliverable has been completed?

Question 6(ii)

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

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

Question 6(iii)

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

during the period of service to Eskom?

Question 6(iv)

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

Question 6(v)

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

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

Question 6(vi)

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

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

Question 6(vii)

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

survival?

Question 6(viii)

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

Question 6(ix)

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

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

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

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

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

Applicable to the 2022/2023 Tax Years

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

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

Question Yes No

6(i) Independent PSP

6(ii) PSP Independent

6(iii) PSP Independent

6(iv) Independent PSP

6(v) Independent PSP

6(vi) PSP Independent

6(vii) PSP Independent

6(viii) PSP Independent

6(ix) PSP Independent

6(x) PSP Independent

6(xi) PSP Independent

Decision

Independent

Psp

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

6(ix);

or

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

6(x), 6(xi):

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

and will be coded as 3601 on your IRP5 certificate.

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

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

Alternatively:

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

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

disclosed on the IRP5 for payments received.

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

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

from your payments.

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

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

Applicable to the 2022/2023 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please sign

he

following

Questions Answer Appendix

(Appendices

)

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

Tax Act?

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

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

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

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

in the business of the Company/CC/Trust?

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

or beneficiaries of the Company/CC/Trust?

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

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

Compa y/CC Trust?

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

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

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

institution in relation to that client?

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

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

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

performed or to the hours of work?

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

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

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

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

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

provision of the services?

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

employers/clients during the period of service to Eskom?

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

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

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

producing income)?

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

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

not?

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

financial/economic survival?

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

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

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

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

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

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

material?

Tax Status

Particulars of person acting as representative of the company/close

Corporation/trust

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

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

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

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

Representative's Full Names Capacity Contact No.

Signature Date

Applicable to the 2022/2023 Tax Years

Evaluation pack b

(To determine whether an Individual is a Dependent Contractor)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for an individual*

Trading Name* Vendor No.

First Names* Initials*

Surname* ID Number*

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

VAT Registration No. Income Tax Registration No.*

Date of Birth* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

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

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

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

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

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

Applicable to the 2022/2023 Tax Years

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

"X".

1. Service or people test service people

Question 1(i)

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

If the answer is “Service”:

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

PAYE will be withheld from your payments.

• Go to Question 3(i).

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

2. PEOPLE TEST Yes No

Question 2(i)

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

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

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

Question 2(ii)

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

under review?

If the answer is Yes:

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

from your payments.

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

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

the IRP30 certificate is provided.

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

Pack.

If the answer is No:

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

IRP30 certificate is provided.

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

Pack.

3. RESIDENCE TEST Yes No

Question 3(i)

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

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

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

If the answer is No:

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

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

• No further questions must be answered.

Applicable to the 2022/2023 Tax Years

4. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 4(i)

Do you employ:

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

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

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

Question 4(ii)

Are these employees employed:

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

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

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

Question 4(iii)

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

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

Appendix 10 for the definition of Connected person).

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

If the answer is No:

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

from your payments.

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

withheld from your payments.

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

Pack.

5. PLACE AND CONTROL TEST Yes No

Question 5(i)

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

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

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

Question 5(ii)

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

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

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

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

If the answer is No:

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

from your payments.

• Go to Question 6(i).

Applicable to the 2022/2023 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

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

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

if and when a specific deliverable has been completed?

Question 6(ii)

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

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

Question 6(iii)

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

during the period of service to Eskom?

Question 6(iv)

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

Question 6(v)

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

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

Question 6(vi)

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

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

Question 6(vii)

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

survival?

Question 6(viii)

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

Question 6(ix)

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

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

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

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

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

Applicable to the 2022/2023 Tax Years

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

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

Question Yes No

6(i) Independent Employee

6(ii) Employee Independent

6(iii) Employee Independent

6(iv) Independent Employee

6(v) Independent Employee

6(vi) Employee Independent

6(vii) Employee Independent

6(viii) Employee Independent

6(ix) Employee Independent

6(x) Employee Independent

6(xi) Employee Independent

Decision

Independent

Psp

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

6(vi), 6(ix);

or

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

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

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

Alternatively:

If you have already signed Appendix 7 on Questions 5:

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

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

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

withheld from your payments.

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

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

Applicable to the 2022/2023 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please si n

the following

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 2022/2023 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 2022/2023 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 2022/2023 tax year. We therefore

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

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

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

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

• 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 2022/2023 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 2022/2023 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 2022/2023 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 2022/2023 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 2022/2023 Tax Years

Applicable to the 2022/2023 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 2022/2023 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 2022/2023 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 2022/2023 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 2022/2023 Tax Years

Appendix 6

Applicable to the 2022/2023 Tax Years

Appendix 7

Applicable to the 2022/2023 Tax Years

Appendix 8

Applicable to the 2022/2023 Tax Years

Appendix 9

Applicable to the 2022/2023 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 2022/2023 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 2022/2023 Tax Years

Eskom accepts no liability for any loss or damages arising from the use of this PAYE questionnaire pack. The contractor acknowledges responsibility for the accuracy and completeness of information provided, and that the pack will not be automatically updated with changes in legislation. Eskom may withhold taxes, interest, and penalties from payments if information is inaccurate.

Contractors must complete the PAYE questionnaire to determine their tax classification (Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor) for services to Eskom. The questionnaire applies to companies, close corporations, trusts, and individuals. Contractors must answer all questions truthfully and sign required affidavits and declarations. Failure to sign required appendices may result in PAYE being withheld from payments.

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.

The contract is for the maintenance of the Ash Disposal Facility dust suppression system at Kusile Power Station. The contractor must ensure the system remains in good working condition through timely repairs and replacement of damaged parts, and must keep sufficient spare parts available.

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Submit the tender with all required returnable documents. The closing date and time are not stated in the provided text. Submission channel and address are not specified in the provided text. Disqualification criteria are not explicitly listed, but compliance with all stated OHS and contractual requirements is mandatory.

The evaluation criteria are not explicitly stated in the provided text. However, compliance with OHS requirements, including the submission of a compliant OHS file, the signing of a Section 37(2) agreement, and adherence to Eskom's life-saving rules, will be evaluated prior to the start of work.

Eskom Kusile Power Station’s responsibility and commitment is to ensure a safe working

environment is in line with its Safety, Health, Environmental, and Quality (SHEQ) Policy and

applicable legislative obligations. This OHS specification is Eskom Kusile Power Station minimum

requirements which are required to be met for the duration of the contract period by

contractors/suppliers and, where required, the delivery organisation. The contractor is expected to

develop an OHS plan that meets these requirements as well as all the relevant applicable

legislation that they conform to. Eskom Kusile Power Station in no way assumes the contractor’s

legal responsibilities and liabilities. The contractor is and remains accountable for the quality and

execution of their health and safety programme for their employees and appointed contractor

employees. This OHS specification reflects minimum requirements and should not be construed

as all-encompassing.

Note 1: All the requirements listed hereunder are in relation to the contract and do not

supersede or replace any organizational OHS requirements.

Where requirements listed are already in place, then the organizational requirements must be

taken cognisance of and listed in the respective OHS plans. If there are any additional Eskom

Kusile Power Station and/or legislative requirements listed in the OHS specification, then these

must be addressed.

2. Supporting Clauses

2.1 Scope

This OHS specification lists the legislative and Eskom Kusile Power Station requirements and,

where applicable, any requirements pertaining to local authorities, municipal by-laws, or

environmental legislation that must be met by the contractor.

2.1.1 Purpose

This document will provide requirements to ensure compliance to legal and other requirements

pertaining to Kusile Power Station Ash Disposal Facility Dust Suppression System Maintenance

Applicability

This OHS specification is applicable to any contracting organisation that intends to respond to

Kusile Power Station. tender/enquiry with the intention of entering a contract.

2.2 Normative/Informative References

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

following paragraphs.

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2.2.1 Normative

[1] Basic Conditions of Employment Act No .

[2] Occupational Health and Safety Act and Regulations No .

[3] OHS Act “Regulations on Hazardous Work by Children in South Africa”

[4] National Environmental Management Act .

[5] National Road Traffic Act .

[6] 32-37 Eskom Kusile Power Station Substance Abuse Procedure.

[7] 32-136 Contractor Health and Safety Requirements

[8] 240-62196227 Life- saving Rules

[9] 32-95 Occupational Health and Safety Incident Management Procedure

[10] 240-131838225: Occupational Health and Safety Incident Management Definitions and

Classification Parameters

[11] 32-727 SHEQ Policy

[12] 32- 418 Working at Heights Procedure

[13] 240-62946386 Vehicle and Driver Safety Management Procedure

[14] 32-520 Risk Assessment procedure

[15] Plant Safety Regulations

[16] BS ISO 45001 :2018 Occupational Health and Safety Management Systems

[17] Eskom Kusile Power Station Covid-19 policy

[18] National Disaster Management Act

[19] Eskom Personal Protective Equipment 240-44175132

2.2.2 Informative

[1] Tobacco Products Control Act (Updated 2011.05.19)

[2] SANS 1186 Symbolic Safety Signs

[3] Constitution of the Republic of South Africa No

[4] SANS 10234:2019 Global Harmonized System of classification and labelling of Chemicals

2.3 Definitions

Definition Explanation

Appointed contractor Means a contractor appointed by the Main contractor

Baseline risk assessment (32-520) baseline operational risks refer to the health and safety

risks associated with all standard processes and routine activities in

the business

Business unit (BU) (32-296) means any defined unit within the Eskom Kusile Power

Station environment, operating as a business under a particular

cost-centre number. In the context of this document and in terms

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of health and safety, any reference to a BU includes a defined unit

within any Eskom Kusile Power Station division and its subsidiaries

Client (OHS Act) Eskom Kusile Power Station representative (Internal –

Asset Owner), also referred to as the contract

administrator/custodian or agent or project manager (as defined in

the contract). He/she is the person responsible for ensuring that

the works or services are executed in terms of the contract, as well

as adherence to legislation pertaining to the contract.

Competent person (OHS Act) means any person having the knowledge, training,

experience, and qualifications, specific to the work or task being

performed, provided that, where appropriate, qualifications and

training are registered in terms of the South African Qualifications

Authority Act, 1995 (Act No. )

Contractor (OHS Act) means an employer as defined in section 1 of the Act

who performs contracted work and includes Main contractors

Contract’s Manager/End Contract’s Manager/End User

User

Consultant means a person providing professional advice

Controlled disclosure controlled disclosure to external parties (either enforced by law or

discretionary)

Duty of care to the (32-136) anybody who causes or has caused or may cause

environment significant pollution or degradation of the environment must take

reasonable measures to prevent such pollution or degradation from

occurring, continuing, or recurring. If such harm to the environment

is authorised by law or cannot reasonably be avoided or stopped,

such person must minimise and rectify such pollution or

degradation of the environment

Employee (OHS Act) means, subject to the provisions of subsection (2), any

person who is employed by or works for an employer and who

receives or is entitled to receive any remuneration or who works

under the direction or supervision of an employer or any other

person

Employer (OHS Act) means, subject to the provisions of subsection (2), any

person who employs or provides work for any person and

remunerates that person or expressly or tacitly undertakes to

remunerate him/her, but excludes a TES (ex labour broker) as

defined in section 1(1) of the Labour Relations Act 1956 (Act No.

)

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Environment (32-94) means:

a) the land, water, and atmosphere of the earth;

b) micro-organisms and plant and animal life; and

c) any part or combination of (a) and (b) and the

interrelationships among and between them, and the

physical, chemical, aesthetic, and cultural properties and

conditions of the foregoing that influence human health and

well-being

Eskom Kusile Power Eskom Kusile Power Station requirements flowing from directives,

Station requirements policies, standards, procedures, specifications, work instructions,

guidelines, or manuals

Fall protection plan (OHS Act) means a documented plan of all risks relating to working

from an elevated position, considering the nature of work

undertaken, and setting out the procedures and methods to be

applied in order to eliminate the risk

Hazard (OHS Act) means a source of, or exposure to, danger

Hazard identification (OHS Act) means the identification and documenting of existing or

expected hazards to the health and safety of persons, which are

normally associated with the type of construction work being

executed or to be executed

Occupational Health and (OHS Act) means a file or other record in permanent form,

safety file containing the information required in relation to the contract.

Health and safety plan (OHS Act) means a document plan that addresses hazards

identified and includes safe work procedures to mitigate, reduce, or

control hazards identified

Occupational Health and (OHS Act) means a document specification of all health and safety

safety specification requirements pertaining to associated to a contract, so as to ensure

the health and safety of persons.

Occupational Health and means comprehensive health and safety requirements for a

safety requirements contract, project, site, and scope of work. This specification is

intended to ensure the health and safety of persons, both workers

and the public, and the duty of care to the environment. The health

and safety requirements must be specific to each contract, project,

site, and scope of work

Lifesaving Rules (240-62196227) a rule that, if not adhered to, has the potential to

cause serious harm to people

Medical Certificate of (OHS Act) means a certificate valid for one year, issued by an

fitness occupational health practitioner, issued in terms of the regulations,

whom shall be registered with the Health Professions Council of

South Africa

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Medical surveillance (OHS Act) means a planned programme or periodic examination

(which may include clinical examinations, biological monitoring, or

medical tests) of employees by an occupational health practitioner

or, in prescribed cases, by an occupational medicine practitioner

Method statement (OHS Act) means a written document detailing the key activities to

be performed in order to reduce, as reasonably as practicable, the

hazards identified in any risk assessment

Organisation may be defined as a group of individuals (large of small) that is

cooperating under the direction of executive leadership in

accomplishment of certain common objects

Pre-job meetings (34-227) means a meeting that is held prior to the commencement

of the day’s work and that is attended by all the relevant employees

associated with the work task

Main contractor (In the text of this document) Means an employer, as defined in

section 1 of the OHS Act, who intends to tender for or has signed a

contract with Eskom Kusile Power Station for services rendered.

Provincial director (OHS Act) means the provincial director as defined in Regulation 1

of the General Administrative Regulations under the Act

Responsible Manager Is a Manager of a department, section or operating/business unit

who has been appointed as part of the Eskom Kusile Power Station

delegation of authority process with the aim to assist the applicable

16(2) assigned person in executing his/her duties in terms of the

Occupational Health and Safety Act

Risk assessment (OHS Act) means a programme to determine any risk associated

with any hazard at a construction site in order to identify the steps

needed to be taken to remove, reduce, or control such hazard.

Site (34-228) means an Eskom Kusile Power Station department, unit,

complex, building, specific project, work site, or the site where

agents, clients, Main contractors, contractors, suppliers, vendors,

and service providers provide a service to Eskom Kusile Power

Station , directly or indirectly

Task (34-227) a segment of work that requires a set of specific and

distinct actions for its completion

Toolbox talks (34-227) where the team leader, after conducting pre-task planning,

shares all the tasks at hand and discusses task allocation, the

identified risks, and the control measures with all his/her team

members on site before commencing a specific task and

documenting the agreed strategy. (This shall be done to ensure

common understanding of the tasks, risks, and control measures

required.)

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The Act (OHS Act) means the Occupational Health and Safety Act No. , as amended, and the Regulations thereto

Visitor any person visiting a workplace with the knowledge of, or under the

supervision of, an employer.

2.4 Abbreviations

Abbreviation Description

CE Chief Executive

COID Act Compensation for Occupational Injuries and Diseases Act

DMR Driven Machinery Regulations

DEL Department of Employment and Labour ( Inspection and

Enforcement services – Provincial office)

EP Emergency Preparedness

EAP Employee Assistance Program

ERfW Environmental Regulations for Workplaces

GAR General Administrative Regulations

GHS Global Harmonized System

GSR General Safety Regulations

HCA Hazardous Chemical Agents

LDV Light Delivery Vehicle

PJFF Pulse Jet Fabric Filter

SDS Safety Data Sheets

OHS Act Occupational Health and Safety Act and Regulations,

O&M Operating and Maintenance

LoG (COID) Letter of Good Standing

SABS South African Bureau Standard

SANS South African National Standard

2.5 Related/Supporting Documents

Section 37(2) of the OHS Act requires Eskom Kusile Power Station to sign an agreement and

include it in the OHS file for evaluation prior to the start of work. OHS department will issue the

37(2) agreement to the project manager/end user who will facilitate the signing of the document by

Eskom Kusile Power Station and contractor representatives.

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3. Document Content

3.1 Scope Of Work

3.2 Employer’s Requirements for the Service

3.2.1 Applicable Scope of Work

Kusile Power Station intends to appoint a suitable service provider for the maintenance of the

ash dump dust suppression system for a period of 5 years. The service provider will be

responsible for the following activities:

The contractor is responsible for performing regular maintenance of the ash dump sprinkler

system, which includes inspections, cleaning, testing, and any necessary servicing to ensure the

system remains in good working condition.

The Contractor shall carry out timely repairs, including replacing damaged or worn-out parts, and

ensure that sufficient spare parts are always available to avoid delays.

The contractor shall also be aware of and prepared for emergency callouts, responding promptly

when urgent issues arise to minimize downtime.

The Contractor is required to provide clear maintenance and repair reports after each visit and

communicate any major problems or recommendations to the relevant site personnel. The

contractor shall ensure that all work is performed in accordance with site safety regulations, using

appropriate protective equipment, and in compliance with environmental and legal regulations.

The existing system consists of HDPE piping and therefore the contractor shall have the relevant

experience and equipment to conduct plastic welding during repairs and pipe installation.

The scope of work is detailed on the NEC Contract

A copy of the scope of work must be retained by the contractor.

Note: The contractor who will be awarded this contract will be known as the “Main contractor”

and any contractor appointed by the Main contractor will be known as the “Appointed contractor"

3.3 Legal Compliance

3.3.1 Section 37(2) (Legal) Agreement

A section 37(2) agreement must be signed between Eskom Kusile Power Station and the main

contractor at the time of submitting the safety file. The main contractor must ensure that a section

37(2) agreement is compiled between the main contractor and all their appointed contractors for

the contract. The original copy of the section 37(2) agreement must be retained by the contractor,

and a copy must be retained by the responsible project manager/end user. A copy of all the

agreements must form part of the respective contractor’s OHS file.

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3.3.2 Hazardous Work by Children (Child Labour)

The constitution of the Republic of South Africa, in the "Bill of Rights", is clear on the rights of

children, especially when it comes to:

1. being protected from exploitative labour practices.

2. not be required or permitted to perform work or provide services that

3. are inappropriate for a person of that child’s age; or

4. This places at risk the child’s well-being, education, physical or mental health, or spiritual,

moral, or social development and the Basic Conditions of Employment Act, Chapter six,

Section 43, "Prohibition of employment of children."

Before resorting to the use of child labour, due consideration must be given to the child's

constitutional rights. Where work is being performed which is not prohibited in terms of the

constitution, then such work must be conducted in terms of the OHS Act "Regulations on

Hazardous Work by Children in South Africa" with emphasis on paragraph 2: Purpose and

Interpretation. Eskom Kusile Power Station does not condone the use of child labour and,

therefore, all effort must be exercised, and child labour should not be used.

3.3.3 OHS Act

The main contractor and appointed contractors shall have an up-to-date copy of the OHS Act and

regulations which will be available to all employees.

3.3.4 Legislative Compliance

All contractors will comply with all the legislation pertaining to this contract being:

The Main contractor and all appointed contractors will comply with all the legislation pertaining to

this project being:

1. The Constitution of the Republic of South Africa (particularly Section 24 of the Bill of Rights).

2. Occupational Health and Safety Act 1993 (Act ) and its Regulations.

3. National Environmental Management Act 1998 (Act ).

4. Environment Conservation Act 1989 (Act ).

5. National Water Act 1998 (Act ).

6. Civil and Building Work Act.

7. National Road Traffic Act .

8. Compensation for Occupational Injures and Diseases Act.

9. SANS Standards – Contractor shall use the relative standards applicable to the project.

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3.4 Eskom Kusile Power Station Requirements

All contractors shall, before commencement of the project ensure that all their employees are

familiar with the relevant Eskom Kusile Power Station OHS documentation that is applicable to

contract services.

3.5 SHEQ Policy

A SHEQ policy is a statement of intent and a commitment by the organization’s CE and senior

management in relation to the relevant OHS roles and responsibilities, the achievement of their

strategic objectives, and values of integrity, customer satisfaction, excellence, and

innovation. The main contractor and all appointed contractors, if not already in place, will be

required to compile an organisational SHEQ policy in line with their OHS responsibilities. The

policy must be signed by the organisation’s CE or the appointed assistant to the CE, OHS Act

Section 16(2). The policy must be displayed in a prominent place within the workplace. A copy of

the policy must be filed in the contractor's OHS files and attached as an annexure to the OHS

Plan. OHS Policy to comply with the requirements of OHS Act Section 7 and ISO 45001:2018,

Clause 5.2.

3.6 Coid

The Main contractor and all his/her appointed contractors shall be registered with an appropriate

employment compensation commissioner and have available a valid letter of good standing (LoG)

from such commissioner. The obligation lies with the contractors to ensure that the LoG remain

valid throughout the contract period. A copy of the LoG must be filed in the contractor OHS files.

3.7 Costing For Ohs Within the Project

The costing for OHS must be itemised based on the overall scope of the project (i.e.) Trainings on

safety, provision of PPE, safety equipment purchases, Medical Surveillance, ensure all the costing

is included on the BOQ.

3.8 Statutory Appointments

The Main contractor and all appointed contractors must appoint competent workers who will comply

with the OHS Act for the duration of the contract. Before requiring appointees to accept an

appointment, the employer must ensure that they have received appropriate training and/or

information about their responsibilities. The relevant statutory appointments must be made in

compliance with the OHS Act's criteria, which include appointing a qualified individual to the

appropriate roles. The following should be included in the statutory appointments, but not limited

to:

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1. OHS Act General Administrative Regulation 9(2) – Incident Investigator To be trained on

Incident Investigator

2. OHS Act General Safety Regulations 3(4) – First Aider/s To have first Aid

• Us 119567

3. 16.2 Appointee (to have Legal Liability and OHS Act Training

4. OHS Act: Pressure Equipment Regulations 11 & 12 Portable Gas Container Inspector

5. OHS Act: General Safety Regulation 8 (a) Competent person for stacking & storing

3.8.1 Non statutory appointments

1. Eskom Kusile Power Station Site Supervisor (to be trained on OHS Act and Legal Liability,

HIRA, Supervisory Safety and Planned Job observation

2. Risk Assessor ( to be trained on HIRA

3. Safety Officer

4. Hazardous Chemical Agent Co-coordinator

5. Emergency Planning Co-coordinator.

6. Chairperson of Health and Safety Committee

7. Competent person for inspection of fire equipment

8. Vehicle & mobile plants inspector

3.9 Eskom Kusile Power Station Life-Saving Rules

1. Eskom Kusile Power Station places a high value on health and safety and urges every

organization that undertakes work for Eskom Kusile Power Station to do the same.

2. Eskom Kusile Power Station has developed five life-saving guidelines that will apply to all

Eskom Kusile Power Station employees, agents, consultants, and contractors. Any Eskom

Kusile Power Station employee or employee of a Main Contractor or appointed contractor who

fails to follow these rules would be deemed a serious violation. These rules are in place to

protect any employee, labour broker, or contractor working from significant injury or death.

3. If any contractual work (including delivery of any product) is to be undertaken on Eskom Kusile

Power Station premises, the rules shall be obeyed by any contractor and their employees.

The rules are:

Rule description of rule

Open, isolate, test, earth, bond, and/or insulate before touch

Rule 1

( That is plant, any plant operating above 1000 V)

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Hook up at heights

Working at height is defined as any work performed above a stable work surface or Rule 2

where a person puts himself/herself in a position where he/she exposes

himself/herself to a fall from or into.

Buckle up

No person may drive any vehicle on Eskom Kusile Power Station business and/or on

Rule 3

Eskom Kusile Power Station premises:

Unless the driver and all passengers are wearing seat belts.

Be sober

Rule 4 No person is allowed to be under the influence of intoxicating liquor or drugs while on

duty

Permit to work

Rule 5 Where an authorisation limitation exists, no person shall work without the required

permit to work.

Rule 6 Ensure Safe Live Working

NO reversing without a spotter or flagman

Rule 7 Ensure that construction vehicles are only reversed when a spotter or flagman is in

place

Eskom Kusile Power Station will take a zero-tolerance approach to these policies.

Noncompliance to Life-saving rules is regarded serious misconduct and will result in

serious disciplinary action, which may include dismissal.

This is to ensure that everyone who works on or visits an Eskom Kusile Power Station facility

returns home to their families safely.

3.10 Substance Abuse

1. Alcohol and substance abuse are serious threats to any business, especially when it comes

to workplace accidents and car driving. As a result, Eskom Kusile Power Station has the right

to take reasonable procedures to identify and prohibit drunk people from entering the

company.

2. General Safety Regulation 2A specifies the legal position on intoxication.

3. The allowable alcohol and drug level is 0%.

4. All contractors must follow Eskom Kusile Power Station 's procedure 32-37 ("Substance Abuse

Procedure"), considering that this is an Eskom Kusile Power Station Life-saving Rule number

4: (BE SOBER"), and anyone entering the Kusile site will be subjected to ad hoc alcohol testing

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5. Contractors are invited to develop their own manual and test their own employees for alcohol

on a regular basis.

6. Test results must be marked "Confidential" and kept in the employee's personal file.

7. Eskom Kusile Power Station 's life-saving rules must be included in the induction process.

8. All employees involved in the scope of work must sign the Life-saving rule pledge before

commencement of work.

3.11 Contractor Organisational Structure

3.11.1 Main Contractor Organogram

The Main contractor must provide an organisational organogram on the company’s letter head

related to this contract, depicting all the levels of responsibility from the CE down to the supervisors

responsible for the contract. List the relevant positions held, names of appointees, legal

appointments and the Organogram must be signed off by the company's 16(1) or 16 (2).

The Main contractor must ensure that all appointed contractors comply with this requirement. The

Main contractor is responsible for keeping copies of all the organograms’ as well as submitting

them with the OHS plan. All organograms shall be updated timeously when appointments are

changed.

This diagram must be kept up to date and filed in the project OHS files.

3.11.2 Appointed Contractor/s Organogram

1. Appointed contractors are required to compile their company organogram for the project on

the company’s letterhead, listing the reporting structure from their CE down to their project

supervisors. The diagram must list the names, positions held, any appointments made and

must be signed off by the company's 16(1) or 16 (2).

2. This diagram must be kept up to date, a copy of which must be given to the Main contractor

and a copy filed in the relevant project OHS files.

3. This diagram must be kept up to date and filed in the project OHS files.

3.12 Roles And Responsibilities

Commitment

Visible commitment is essential to providing a safe work environment. Managers, supervisors

and employees at all levels must demonstrate their commitment by being proactively involved in

the day to day operations, in particular the Occupational Health and Safety aspects of any project

/ contract. Legislation requires that each employee must take reasonable care of themselves and

their fellow workers, from management level down to the lowest employee level.

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Kusile Power Station Ohs 32-726-03T Rev 1

Identifier

Specification For

Document

KUS-20251193 Rev 1 Ash Disposal Facility Dust Identifier

Suppression System Effective Date November 2025

Maintenance Review Date November 2028

3.12.1 Main contractors and appointed contractors

Note 1: Most of the roles and responsibilities listed apply to both Main contractors and any

appointed contractors. Where some of the listed do not apply to both, then the specific

responsibilities will be listed and titled. The contractors shall:

1. Carry out all duties as listed in section 8, 9 and 10, the various other regulations that form

part of the OHS Act.

2. Carry accountability and responsibility for the safety and health of their employees and their

appointed contractors within their working area, as contemplated by section 37(2) of the

OHS Act;

3. Shall keep a record of all employees including the appointed contractor employees, including

date of induction, relevant skills and licenses and be able to produce this list at the request of

the Eskom Kusile Power Station Project Manager.

4. Ensure that all their appointees are made aware of their accountabilities and responsibilities

in terms of their appointment and that they advise and assist these appointees in the

execution of their duties.

5. Ensure that the minimum legislative, regulatory and Eskom Kusile Power Station OHS

requirements are complied with on all work sites.

6. Give the Eskom Kusile Power Station project managers and line managers / responsible

managers their full participation and cooperation.

7. Compile a OHS (Occupational health and safety) file where all relevant health and safety

records must be kept for each work site.

8. The Main contractor must provide the project manager with the Compensation

Commissioner’s valid letter of good standing before the commencement of work and any

future renewal letters obtained during the contract for record-keeping purposes. The letter of

good standing shall reflect the name of the contractor’s company. Similarly, the Main

contractor must provide the Eskom Kusile Power Station project manager with all the valid

letters of good standing from their appointed contractors.

9. Contractors must provide the Main contractor with a certified copy of the Compensation

Commissioner’s valid letter of good standing before the commencement of work and any

future renewal letters obtained during the contract for record-keeping purposes. The letter of

good standing shall reflect the name of the contractor’s company.

10. Appoint competent staff to perform the project work and ensure that all employees are

trained in the health and safety aspects relating to such work and that the employees

understand the hazards associated with all other work being carried out on the project.

11. Ensure that all employees are conversant with all relevant work procedures and that they

adhere to such procedures. Similarly (without removing the appointed contractors’

responsibilities), ensure that their appointed contractors and their employees are conversant

with all relevant work procedures and that they adhere to such procedures.

12. Co-ordinate the activities of all the appointed contractors in the interests of safety and health;

Controlled Disclosure

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

the user to ensure it is in line with the authorised version on the system.

No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC

Ltd, Reg No 2002/015527/30.

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Template

Kusile Power Station Ohs 32-726-03T Rev 1

Identifier

Specification For

Document

KUS-20251193 Rev 1 Ash Disposal Facility Dust Identifier

Suppression System Effective Date November 2025

Maintenance Review Date November 2028

13. Ensure that their contractors (whom they intend appointing) have made detailed provision for

the cost of safety and health measures throughout the project.

14. Stop his /her employees and any appointed contractors if such work poses a threat to the

health and safety of persons or a risk of degradation to the environment.

15. Take reasonable steps to ensure cooperation between all their appointed contractors.

16. Ensure that Eskom Kusile Power Station OHS requirements are communicated to the

appointed contractors, evaluate, and assess the appointed contractors OHS files. Only

appoint contractors who are competent to do work, have satisfied the OHS compliance

requirements and satisfied that the contractor has the necessary competencies and

resources to perform the work safely. the appointed subcontractor Safety file shall be

submitted to Kusile power station together with the main contractor evaluation report for

verification and thereafter issue the authorization Letter .

17. Appoint full-time competent employees in writing to supervise the performance of all

specified work throughout the contract period.

18. Ensure that the supervisor or manager do not supervise work on any site other than the site

for which such supervisor has been appointed for.

19. Not victimise or dismiss employees, by virtue of the employee’s divulging health and safety

information or suspecting such information has been divulged, in the interests of health and

safety requirements.

20. Follow a process of disciplinary action if any of their employees or their appointed contractor

employees have transgressed any of the requirements of the health and safety specification,

safety and health plans, site rules or any other requirements.

21. Before the commencement of work, review the submitted baseline risk assessments to

include site or emerging risks. This should be done by a competent person appointed in

writing with a view to identify hazardous and potentially hazardous work operations.

22. Ensure that pre-task risk assessments are conducted and documented daily and prior to the

starting of any new task, irrespective of whether it is a repetitive task or not.

23. Must ensure that an organisation medical surveillance programme for the duration of the

contract is in place and maintained.

24. Prior to having pre-employment and periodic medicals fitness examinations conducted,

person/man job specifications must be compiled and handed to the occupational health

practitioner.

25. Issue risk-based personal protective equipment (PPE) as a measure of last resort to their

employees, inspect such equipment regularly and ensure recipients of PPE are trained in the

proper use, care and where necessary, the maintenance of PPE;

Note: should the Main contractor or his/her appointed contractors entertain visitors on site, they

will be held responsible for the provision and wearing PPE.

26. Must have a substance abuse program which must be in line with Eskom Kusile Power

Station requirements.

Controlled Disclosure

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

the user to ensure it is in line with the authorised version on the system.

No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC

Ltd, Reg No 2002/015527/30.

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