ESKOM HVAC chillers and components supply and installation at auxiliary bay – ohs-compliant contractor services

Eskom Supplier Integrity Pact

• Applicable to all existing and potential suppliers to Eskom Holdings SOC Ltd and its wholly owned subsidiaries.
• Purpose: to prescribe ethical behaviour in all dealings with Eskom, covering actions and decisions that produce appropriate consequences in interactions with others.
• Supplements all other commercial and ethics-related policies, codes and procedures.
• Suppliers must read the Integrity Pact and submit a completed, signed Integrity Declaration Form for every procurement process.
• Both parties commit to refrain from dishonesty, fraud, corruption and anti-competitive tendering practices including under-pricing, collusion and bid rigging.

Eskom Ethics office

• Email: [email protected]
• Eskom Forensic: [email protected]
• Toll-free hotline: 0800 11 27 22
• Confidentiality is guaranteed for reports of misconduct.

Integrity and ethics requirements

• Suppliers must complete, sign and submit the Integrity Declaration Form for every Eskom procurement process.
• A Non-Disclosure Agreement (NDA) is required to protect confidential information.
• Suppliers must disclose any interest, financial, personal or private, with any Eskom employee or director.
• Gift limit: R1 500.00 maximum value for business courtesies or gifts to Eskom employees/directors.

Prohibited conduct

• Misrepresentation, false certifications or forged documents.
• Collusion, bid rigging, under-pricing or any anti-competitive tendering practices.
• Offering or accepting bribes, commissions, inducements or improper benefits to Eskom employees/directors involved in evaluation, adjudication or negotiation.
• Undisclosed relationships with Eskom employees/directors that could affect or be perceived to affect decision-making.

Consequences of breach

• Supplier Discipline Process, including suspension from the Eskom Vendor Database.
• Referral to National Treasury for inclusion on the List of Restricted Suppliers.
• Potential civil or criminal proceedings under South African law.

Supplier discipline and sanctions

• Eskom may suspend a supplier from the Vendor Database after investigation and opportunity to make representation.
• Eskom will forward names of sanctioned suppliers and their directors to National Treasury for inclusion on the List of Restricted Suppliers.
• Eskom employees or directors with undisclosed interests in a tender are excluded from that tender's evaluation or negotiation.
• Eskom employees and directors are prohibited from having any direct or indirect personal or beneficial interest in any Eskom contract.
• Governed by the laws of the Republic of South Africa.
• Actions under the Integrity Pact are without prejudice to any other civil or criminal proceedings.
• Remains valid until replaced; invalid provisions do not affect the remainder.

Ethical conduct requirements

• Maintain impeachable integrity standards in all business and personal dealings.
• Take reasonable measures to prevent dishonest, unfair, fraudulent, corrupt and illegal practices during procurement, contract execution and modifications.
• Be familiar with all publicly available Eskom policies, procedures and codes affecting supply chain processes, including Standard Conditions of Tender.
• Reject improper business practices prohibited by Eskom.
• Do not abuse trust or misuse opportunities for personal gain.
• Maintain and enhance professional competence standards.
• Adopt policies and practices aligned with Eskom's labour practices, employment equity initiatives and human relations policies where possible.
• Report any dishonest, fraudulent or inappropriate behaviour by Eskom employees or directors to the Ethics office, Forensic office or toll-free hotline.

Closing: 28 October 2026 at 10:00

Note: The document extracted is an Integrity Declaration Form dated 08 November 2024, not the main tender document. The tender record indicates a closing date of 28 October 2026.

Returnable form required:

• Integrity Declaration Form (Eskom 559-1848080 Rev 3): declares conflicts of interest, related-party relationships with Eskom employees/directors, fair tendering practices, and shareholding/beneficiary information. Must be completed, signed and submitted by the stipulated deadline.

Disclosure obligations:

• Any director, shareholder, member, partner, owner or trustee who is an Eskom employee, consultant, contractor or director must be declared.
• Any relationship with other tenderers in this process (controlling partner in common, or ability to influence another tenderer's bid or Eskom's decisions) must be declared.
• Any listing on National Treasury's Database of Restricted Suppliers or Register for Tender Defaulters must be disclosed.
• Any conviction for fraud or corruption in procurement processes within the past five years must be disclosed, with case number and judgement copy.
• Any prohibition from doing business with international financial/lending institutions or development/funding agencies must be disclosed.
• Any history of failing to meet contractual obligations with the State or a State-owned entity must be disclosed.

Consequences:

• False declarations may result in rejection of the tender/proposal and action against the tenderer by Eskom.

Fraud and corruption reporting

• Email: [email protected]
• Telephone: 0800 11 2722

Returnable document — Annexure D (Integrity Declaration Form): must be fully completed, signed and submitted by the stated deadline; covers declaration of interest, fair tendering practices and shareholding/beneficiary disclosure.

• Each tenderer must complete the form; for incorporated joint ventures the form is completed for the JV, and for unincorporated JVs separately by each member.
• Conflicts of interest to be declared: tenderer employees/directors who are also Eskom employees, contractors, consultants or directors; shared directorships with Eskom staff; any other relationship to an Eskom employee involved in the specification, evaluation, adjudication or negotiation; and any common controlling partner or relationship with another tenderer in this process.
• Where a tenderer's employee or director is also employed by Eskom, the declaration must state whether this was declared and whether authorisation exists to perform remunerative work outside public sector employment, with proof attached.
• Shareholding/beneficiary tables must be completed in full for individuals (full name, identity number, shareholding percentage or beneficiary share) and for other entities (legal or trading name, registration or trust number, shareholding percentage, and the names and identity numbers of the entity's shareholders, directors, trustees or beneficiaries).
• Declaration of Fair Tendering Practices: the tenderer confirms it has taken reasonable steps to prevent exploitation of the procurement process and unfair tendering practices.
• Disqualification: a bid is disqualified where the tenderer or any director has abused Eskom's procurement process (for example bid rigging or collusion) or committed fraud or other improper conduct in relation to the process.
• Restricted-party checks to be answered: listing on National Treasury's Database of Restricted Suppliers; listing on the Register for Tender Defaulters under section 29 of the Prevention and Combating of Corrupt Activities Act; conviction for fraud or corruption in any procurement process in the past five years (case number and judgment copy required if yes); prohibition from doing business with any international financial or lending institution or development/funding agency; and any history of failing to meet contractual obligations to the State or a state-owned entity (details required if yes).
• False information may result in rejection of the bid and action by Eskom; consent is given for the information to be processed and shared with third parties for conflict-of-interest verification.
• Fraud and corruption may be reported anonymously to Eskom on 0800 11 2722 or [email protected].

Annexure D (Integrity Declaration Form) is a returnable document that must be fully completed, signed and submitted by the stated deadline; it covers declaration of interest, fair tendering practices and shareholding/beneficiary disclosure, and must be completed by each tenderer and by each member of an unincorporated joint venture.

Integrity and conflict-of-interest compliance

• Annexure D (Integrity Declaration Form) must be completed, signed and returned by the deadline; it covers declaration of interest, fair tendering practices and shareholding/beneficiary disclosure.
• Tenderers must declare any relationship between their employees, directors, members, shareholders or owners and Eskom employees, contractors, consultants or directors, including any involvement in the specification, evaluation, adjudication or negotiation of this tender.
• Tenderers must declare any common controlling partner or relationship with another tenderer in this process.
• Tenderers must confirm they are not listed on National Treasury's Database of Restricted Suppliers or the Register for Tender Defaulters, and must disclose any fraud or corruption conviction in a procurement process in the past five years, any prohibition from doing business with an international financial or lending institution or development/funding agency, and any failure to meet contractual obligations to the State or a state-owned entity.
• A bid is disqualified where the tenderer or any director has abused Eskom's procurement process (including bid rigging or collusion) or committed fraud or improper conduct in relation to the process.
• False declarations may lead to rejection of the bid and action by Eskom.

Tenderers must declare any conflict of interest arising from relationships with Eskom employees, contractors, consultants or directors, including involvement in the specification, evaluation, adjudication or negotiation of this tender, and any common controlling partner or relationship with another tenderer in this process.

• Shareholding and beneficiary information must be disclosed in full for the tenderer and, where applicable, for each joint venture member.
• Tenderers must confirm they have taken reasonable steps to prevent exploitation of the procurement process and unfair tendering practices.
• A bid is disqualified where the tenderer or any director has abused Eskom's procurement process (for example bid rigging or collusion) or committed fraud or improper conduct in relation to the process.
• False declarations may result in rejection of the bid and action by Eskom; information may be processed and shared with third parties to verify conflicts of interest.

No contact information is provided in the document.

Returnable documents must be completed, signed and submitted with the bid. Required forms include: SBD 4 (Declaration of Interest) disclosing any director/shareholder employed by the state; SBD 9 (Certificate of Independent Bid Determination) certifying price independence. The Environmental Evaluation Checklist must be submitted with the bid, including the contractor's name, site name (Kendal Power Station), project scope, and signed declaration. Bids must be submitted in the prescribed manner and format as per the tender documentation.

Bids are evaluated on a points system. The Environmental Evaluation Checklist is scored with criteria weighted as follows: Environmental Policy (10%), Site-specific EMP (10%), Hazardous Substances Register (5%), Safety Data Sheets (5%), and other environmental compliance criteria. Contractors must achieve 80% or above to be considered compliant; 79% and below results in non-compliance. The total weighted score determines the final evaluation outcome.

No specific financial requirements (e.g., pricing format, bid security, bonds) are stated in the document. Bidders must comply with the pricing and financial conditions as per the standard tender documentation.

Closing date and time: 28 October 2026 at 10:00. No compulsory briefing or site visit dates found in the source.

Closing: 28 October 2026 at 10:00. Standard SBD returnable forms required (SBD 1, 3.1/3.2/3.3, 4, 6.1, 6.2, 7.1/7.2, 8, 9) plus Authority to Sign / Board Resolution. Submission method and address not stated in the available source text.

Scope: Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station, Mpumalanga, for a period of five years. No quantities, technical standards, service levels or capacity requirements recovered from the source.

Construction category implies CIDB registration may be required; no grade specified. B-BBEE compliance expected but no minimum level stated. CSD registration and valid tax compliance status are standard prerequisites. No local-content percentages or turnover thresholds found.

The Pack establishes, for employees' tax purposes under the Fourth Schedule to the Income Tax Act, whether an individual, close corporation, company or trust is an Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor.

Applicability

• Applies only to contractors supplying services to Eskom Holdings SOC Ltd and its subsidiaries, or individual contractors providing Eskom with labour.
• Valid from 1 March 2026 to 28 February 2027 and based on 2026/2027 tax legislation and case law.
• Use outside this period must be referred to Eskom's Corporate Tax Department at Megawatt Park.

Completion

• Companies, close corporations and trusts complete Evaluation Pack A to test Personal Service Provider status.
• Individuals complete Evaluation Pack B to test Dependent Contractor status.

Pack validity period: 1 March 2026 to 28 February 2027.

Tax year applied: 2026/2027.

No briefing, site visit or clarification deadline is stated in this Pack.

Group Tax

• Email: [email protected]
• Use: copy Group Tax when returning the completed Pack.

Corporate Tax Department

• Location: Megawatt Park
• Use: referral point for queries on using the Pack outside the 2026/2027 tax year, via the bidder's Eskom contractor representative.

Returnable documents

• Completed Supplier Evaluation Pack: the signed summary sheet plus the signed affidavits applicable to the bidder's answers.
• Evaluation Pack A: completed by companies, close corporations and trusts to establish whether the entity is a Personal Service Provider.
• Evaluation Pack B: completed by individuals to establish whether the individual is a Dependent Contractor.
• Appendices 1 to 9: only those triggered by the answers given must be signed and submitted.
• Valid IRP30 exemption certificate: required where the bidder is a labour broker claiming exemption.

Submission

• Return the completed Pack to the Eskom contractor representative, copying Group Tax at [email protected].
• Unsigned affidavits or declarations result in PAYE being withheld from payments.
• Non-resident bidders sign Appendix 9 and submit the Pack through their Eskom representative for referral to Eskom Group Tax Department, Megawatt Park; no further questions are answered.

Returnable items

• Signed summary sheet and the signed affidavits forming the completed Pack.
• Appendix 1: affidavit confirming three or more full-time employees who are not connected persons.
• Appendix 2: affidavit confirming no connected person will personally render services to Eskom.
• Appendix 3: affidavit confirming services are not performed mainly at Eskom and are not controlled or supervised by Eskom.
• Appendix 4: affidavit confirming not more than 80% of income is or is likely to be received from any one client.
• Appendix 5: affidavit confirming an individual provides a service rather than people.
• Appendix 6: declaration that the contractor is a Labour Broker.
• Appendix 7: declaration that the contractor is a Dependent Contractor or Personal Service Provider.
• Appendix 8: declaration that the contractor is an Independent Supplier or Contractor.
• Appendix 9: declaration that the contractor is a non-resident of the Republic of South Africa.
• Valid IRP30 exemption certificate where applicable.

Consequence

• Any required affidavit or declaration left unsigned results in PAYE being withheld from payments.

Classification questionnaire, not a points-based evaluation.

• The Pack determines the bidder's tax classification: Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor.
• Companies, close corporations and trusts complete Evaluation Pack A; individuals complete Evaluation Pack B.
• Answers route the bidder to the applicable appendices and determine whether PAYE is withheld.
• Dominant Impression Test: answering "PSP" to any of questions 6(i), 6(iii), 6(v), 6(vi) or 6(ix), or more than 50% "PSP" across questions 6(ii), 6(iv), 6(vii), 6(viii), 6(x) and 6(xi), classifies the bidder as a Personal Service Provider.
• Personal Service Provider payments are coded 3601 on the IRP5; where Appendix 7 was already signed under questions 4 or 5, code 3616 applies.

Purpose

• Establishes the tax classification of contractors supplying services to Eskom Holdings SOC Ltd and its subsidiaries, or of individual contractors providing Eskom with labour.
• Classification options: Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor.

Applicable entities

• Eskom Holdings SOC Ltd, Eskom Rotek Industries SOC Ltd, Eskom Enterprises SOC (Pty) Ltd, Escap SOC (Pty) Ltd, Eskom Finance Company SOC (Pty) Ltd, Eskom Foundation NPC and Eskom National Transmission Company SA.

Scope of the questionnaire

• Residence status in terms of the Income Tax Act.
• Number of employees exclusion: three or more full-time employees engaged in the business, excluding shareholders, members, beneficiaries and connected persons.
• Whether a connected person will personally render services to Eskom.
• More than 80% of income test: income received directly or indirectly from one client or an associated institution.
• Place, control and supervision test: duties performed mainly (more than 50%) at Eskom premises and subject to Eskom's control or supervision.
• Dominant Impression Test: eleven questions covering payment against deliverables, control of tools and staff, exclusivity, sub-contracting rights, personal risk for quality, obligation to be present, financial dependence on Eskom, position in Eskom's structure, and provision of benefits, office, equipment or materials.

Bidder obligations

• All questions must be answered truthfully by the contractor or its duly authorised representative.
• The bidder is responsible for the accuracy and completeness of all information provided.
• Eskom must be notified in writing if any declared position changes during the contract.
• The Pack is not automatically updated for legislative changes.

No pricing schedule applies; the Pack governs tax treatment of payments.

• Labour broker with a valid IRP30 certificate: no employees' tax withheld, IT3(a) issued with code 3617 and reason code 07 for the non-deduction.
• Labour broker without a valid IRP30 certificate: employees' tax withheld at individual tax rates until a valid IRP30 certificate is supplied, and an IRP5 issued with code 3617.
• Personal Service Provider or Dependent Contractor: employees' tax withheld at the rate prescribed by the Income Tax Act, payments coded 3601 or 3616.

Tax withholding consequences

• Personal Service Provider or Dependent Contractor: PAYE is withheld at the prevailing rate prescribed by the Income Tax Act, with payments coded 3601 or 3616 and the nature of person coded 'H'.
• Labour broker holding a valid IRP30 certificate: no employees' tax is withheld, an IT3(a) with code 3617 is issued and reason code 07 applies for the non-deduction.
• Labour broker without a valid IRP30 certificate: PAYE is withheld at individual tax rates until a valid certificate is provided, and an IRP5 with code 3617 is issued.
• Failure to sign a required affidavit or declaration results in PAYE being withheld from payments.
• Eskom may withhold taxes, interest and penalties payable to SARS where declared information proves inaccurate.

Banking details

• Account number, bank name, branch name, branch number, account holder and account type (current, savings, transmission, credit card or bond account) must be provided.
• Account holder relationship must be stated as own, joint or third party.

Registration and identification

• Income tax registration number and company, close corporation or trust registration number are compulsory for entities; ID number is compulsory for individuals and representatives.
• VAT registration number, passport number and country of issue where no RSA ID exists.
• Physical and postal business addresses, telephone number, fax number and email address.

Declarations and affidavits

• Appendix 1: confirms three or more full-time employees who are not connected persons.
• Appendix 2: confirms no connected person will personally render services to Eskom.
• Appendix 3: confirms services are not performed mainly at Eskom and are not controlled or supervised by Eskom.
• Appendix 4: confirms not more than 80% of income is or is likely to be received from any one client.
• Appendix 5: confirms an individual provides a service rather than people.
• Appendix 6: declares the contractor is a Labour Broker.
• Appendix 7: declares the contractor is a Dependent Contractor or Personal Service Provider.
• Appendix 8: declares the contractor is an Independent Supplier or Contractor.
• Appendix 9: declares the contractor is a non-resident of the Republic of South Africa.
• IRP30 exemption certificate: required from labour brokers claiming exemption from employees' tax withholding.

Consequences

• Any required affidavit or declaration left unsigned triggers PAYE withholding on payments.

Definitions applied by the Pack, per the Income Tax Act as amended

• Connected Person: relatives and related trusts for a natural person; beneficiaries and their connected persons for a trust; fellow partners and their connected persons for a partnership member; for a company, other companies in the same group (with the 70% group threshold replaced by more than 50%), any person holding at least 20% of equity share capital or voting rights, companies at least 20% held where no shareholder holds majority voting rights, companies managed or controlled by such a connected person, and for close corporations any member, their relative or connected trust and any connected close corporation or company; and reciprocally the other person.
• Associated Institution: for a company employer, another company managed or controlled directly or indirectly by substantially the same persons; for a non-company employer, a company managed or controlled directly or indirectly by the employer or by a partnership of which the employer is a member.
• Labour Broker: a natural person who, for reward, provides a client with other persons to render a service or perform work, or procures such persons, and remunerates them.
• Personal Service Provider: a company or trust where a service is rendered personally by a connected person and either that person would be an employee of the client if rendering directly, or the duties are performed mainly at the client's premises under the client's control or supervision, or more than 80% of the entity's service income is or is likely to be received from one client or an associated institution.
• Remuneration and Resident: as defined in the Income Tax Act.

Liability

• Eskom accepts no liability for loss or damage arising from use of the Pack.

The Pack is a tax classification questionnaire rather than a scored evaluation.

• The bidder's answers determine whether it is treated as an Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor.
• A "PSP" answer to any of questions 6(i), 6(iii), 6(v), 6(vi) or 6(ix), or more than 50% "PSP" answers across questions 6(ii), 6(iv), 6(vii), 6(viii), 6(x) and 6(xi), results in Personal Service Provider classification.
• Personal Service Provider payments are coded 3601 on the IRP5; code 3616 applies where Appendix 7 was already signed under questions 4 or 5.

No contact information is provided in the document. The Government Printing Works contact centre is mentioned in the gazette header (Tel: 012-748 6200) but is not a tender contact.

No submission guidelines are stated. This is a regulatory notice, not a tender, so there is no bid submission process, returnable forms, or submission channel.

No evaluation criteria are stated. The document does not describe a bidding or scoring process.

No financial requirements are stated. There is no pricing, bid security, guarantees, or payment terms.

Closing: 28 October 2026 at 10:00

Document effective date: 21 February 2025

Review date: February 2030

Fraud/corruption hotline: 0800 11 2722

Fraud/corruption email: [email protected]

Preference point system: 90/10 (90 points for price, 10 points for specific goals)

Total points: 100

Price points: maximum 90, calculated as Ps = 90(1 − (Pt − Pmin)/Pmin), where Pt = tender price and Pmin = lowest acceptable tender price

Specific goals: points awarded based on goals stated in Table 1 of the tender, supported by proof/documentation

No points claimed if supporting documentation is omitted

Eskom reserves the right to require substantiation of any preference claim before or after adjudication

Returnable form: SBD 6.1 (Preference Points Claim Form) — must be completed, signed and submitted with the tender; certifies that points claimed for specific goals are accurate and supported by documentation

B-BBEE or other specific-goal documentation must accompany the form; omission means no preference points are claimed

Fraudulent claims may result in disqualification, recovery of costs, contract cancellation, restriction from state business for up to 10 years, and criminal prosecution

Specific goals must be stated in the tender per Preferential Procurement Regulations 4(2), 5(2), 6(2) and 7(2)

Tenderer allocated points based on Table 1 goals, supported by stated proof/documentation

Where system is unclear, Eskom must indicate points for both 80/20 and 90/10 systems; lowest acceptable tender determines applicable system

{

"closingDate": null,

"closingTime": null,

"submissionAddress": null,

"deliveryRequirements": null,

"returnableForms": "SBD 6.1 Preference Points Claim Form – must be completed and submitted as part of the tender."

}

{

"returnableDocuments": [

"SBD 1 - Invitation to Bid (completed and signed)",

"SBD 3.1 - Declaration of Interest (completed and signed)",

"SBD 4 - B-BBEE Certificate or Sworn Affidavit (with preference points claim form)",

"SBD 6.1 - Preference Points Claim Form (completed and signed)",

"SBD 8 - Declaration of Bidder's Past Supply Chain Management Practices (if applicable)",

"SBD 9 - Certificate of Independent Bid Determination (completed and signed)",

"SBD 11 - Declaration of Bidder's Past Contractual Performance (if applicable)",

"SBD 12 - Declaration of Bidder's Compliance with Local Content (if applicable)",

"CSD Report (valid and not older than 30 days)",

"SARS Tax Clearance Pin (or proof of exemption)",

"Detailed quotation with pricing per item (including all taxes)",

"Delivery schedule and lead times",

"Samples of furniture items (if required)"

],

"submissionFormat": "Bids must be submitted in a sealed envelope clearly marked with the tender number and description. The envelope must be placed in the tender box at the submission venue. Bids must be submitted in hard copy (original plus two copies) and on a USB drive in PDF format.",

"closingTime": "11:00 on 12 September 2025"

}

This extract is a QCP/ITP template (240-43921898 Rev 6 / 240-109253302 Rev 2) for quality control planning. It does not contain tender-specific scope description beyond the general works at Kendal Power Station. The template establishes the framework for inspection and test planning but lacks project-specific activities, requirements, or dates.

Closing: 28 October 2026 at 10:00

Note: The document provided is a QCP/ITP template only. No tender-specific dates, briefing sessions, or site visits are stated in this extract.

Scope: Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station

Duration: 5 years

Quality Control Plan / Inspection and Test Plan (QCP/ITP) requirements:

• Template identifier: 240-43921898 Rev 6
• Form document identifier: 240-109253302 Rev 2
• Effective date: July 2020
• Review date: July 2025

Intervention point categories:

• Hold Point (AP): Document requires approval
• Witness Point (W1/W2): 100% witness / sample witness
• Document Review (R1/R2): 100% document review / sample document review
• Surveillance (S)
• Verification (V)

Inspection and test methods to be specified per activity:

• Visual, Microscopy, NDT, Liquid/Dye Penetrant, Magnetic Particle, EDDY, etc.

Acceptance criteria to be specified per activity:

• Functionality requirements, Performance Measures, Regulatory Compliance, Chemical test, etc.

Inspection levels:

• T1: 100% Testing
• T2: Sample Testing
• A1: 100% Inspection
• A2: Sample Inspection

Third party involvement:

• NOBO (Notification Body)
• TPI (Third Party Inspection)
• AIA (Approved Inspection Authority) where applicable

Quality management framework for the contract:

QCP/ITP template requirements:

• Document identifier: 240-109253302 Rev 2
• Template identifier: 240-43921898 Rev 6

Approval hierarchy:

• Contractor/Supplier
• Subcontractor (where applicable)
• Eskom
• Approved Inspection Authority (AIA) where applicable

Intervention point key:

• AP: Approval required (Hold Point)
• W1: 100% witness
• W2: Sample witness
• R1: 100% document review
• R2: Sample document review
• S: Surveillance
• V: Verification
• IN: Information only

Inspection categories:

• S = Statutory
• N = Non-statutory

Inspection and test methods (examples):

• Visual, Microscopy, NDT, Liquid/Dye Penetrant, Magnetic Particle, EDDY

Acceptance criteria (examples):

• Functionality requirements, Performance Measures, Regulatory Compliance, Chemical test

Third party roles:

• NOBO (Notification Body)
• TPI (Third Party Inspection)

Note: This is a blank template. The bidder must populate specific activities, requirements, dates, and acceptance criteria for the HVAC chiller works.

{

"scmContact": null,

"technicalContact": null,

"fraudHotline": "0800 11 2722",

"fraudEmail": "[email protected]"

}

Returnable Documents: The SBD 4 form must be completed, signed, and submitted with the tender. The form requires the bidder's position and name. The form must be signed by the bidder or an authorised representative. The tender will be disqualified if the disclosure is found to be untrue or incomplete. The form includes a controlled disclosure section for reporting fraud or corruption anonymously at 0800 11 2722 or [email protected].

The evaluation criteria are not fully specified in the provided document. The only evaluation-related item is the SBD 4 form, which requires bidders to declare any relationship with state employees or other enterprises. The form must be completed truthfully, as false declarations may lead to disqualification.

Procurement: refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station for a five-year period.

Communication: all correspondence in writing (hand-written, typed, printed or electronic) to/from Eskom Representative only; English language; Eskom not responsible for non-receipt.

Addenda: published on same platforms as original tender (Eskom Tender Bulletin, NT e-Tender Portal); tenderers must monitor regularly.

Closing date and time: 28 October 2026 at 10:00 SAST.

Compulsory site visit/clarification meeting: date, time and venue stated in Tender Data (not provided in this document).

Clarification queries: must be submitted in writing to Eskom Representative with reasonable time before closing.

Addenda: published on Eskom Tender Bulletin and NT e-Tender Portal; tenderers must monitor regularly.

Enquiries: Eskom Representative (name, email, telephone stated in Invitation to Tender / Tender Data).

All communication in writing to Eskom Representative only.

Submission address: as stated in Tender Data (tender box or e-tendering portal).

Service delivery: Kendal Power Station, Mpumalanga.

Submission method: electronic via Eskom Tender Bulletin e-tendering portal (no physical tender box deposits for e-tenders).

Closing: 28 October 2026 at 10:00 SAST (Telkom time signal).

Documents required: complete original tender plus one complete copy in paper form (if not e-tendering); all mandatory returnables completed, signed and submitted by closing time; Acknowledgement Form; proof of authority to sign if agent; SDL&I Undertaking by contract award; cataloguing line item in Pricing Schedule if required; names of at least two financial institutions for performance security.

Disqualification risks: late submission; missing original or copy; unsigned or incomplete returnables; 100% sub-contracting; failure to attend compulsory site visit/clarification meeting; misrepresentation or falsification of any document.

Mandatory returnables (by closing): completed and signed original tender plus one copy (paper) or electronic submission; Acknowledgement Form; proof of CIDB registration (or proof of application); proof of SHEQ systems; B-BBEE certificate/affidavit/CSD report if pre-qualification; sub-contractor B-BBEE documents if PPPFA sub-contracting pre-qualification used; authority to sign if agent.

By contract award: SDL&I Undertaking; actual CIDB registration printout if only application submitted at closing; designated materials and thresholds information; cataloguing information if required.

All documents must be valid, current and original where stipulated for entire tender validity period.

Process: basic compliance check → pre-qualification criteria (if stipulated) → functionality (if applicable, minimum threshold in Tender Data) → financial analysis → price evaluation (PPPFA 80/20 or 90/10) → specific goals → ranking.

Price: fixed for contract duration, all duties/taxes/VAT included at rates applicable 14 days before closing; stated in ZAR unless Tender Data says otherwise.

B-BBEE: scored from CSD report or valid certificate/affidavit; if pre-qualification criterion, proof required at closing or disqualification; otherwise zero points if missing/expired/fraudulent.

Specific Goals: scored with supporting documentation; zero points if not met or proof missing, but not disqualifying.

Arithmetical errors: corrected per standard rules (line-item total prevails over rate error; word amount prevails over figures).

Reverse e-auction: may be used; if so, tender submitted without prices.

Scope: refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station for five years.

Standards: latest revisions of standardised specifications incorporated by reference in Invitation to Tender.

SHEQ: proof of safety, health, environment and quality systems, policies and capabilities required at closing and/or contract award; all SHEQ costs and personnel reflected in tender.

Cataloguing: successful tenderer may be required to provide cataloguing information per item and label materials per Eskom specifications after award.

Sub-contracting: maximum 99% of scope; 100% sub-contracting disqualifies.

Tenderers must obtain and familiarise themselves with the latest revision of standardised specifications and other documents incorporated by reference into the Invitation to Tender.

Testing costs to demonstrate compliance with evaluation criteria are borne by the tenderer.

Pricing: firm rates and prices in ZAR including all duties, taxes (VAT) and levies applicable 14 days before closing; no contract price adjustment unless Tender Data provides.

Exchange rate: if part payment in other currencies, submit rates in Rands per exchange rate and base date in Invitation to Tender.

Arithmetical error correction: word amount prevails over figures; line-item total prevails over rate error; total of prices prevails over addition errors; tenderer must accept corrections or be rejected.

Cataloguing: separate line item in Pricing Schedule if required; Eskom pays.

Performance security: if required, name at least two financial institutions; Eskom may reject unsuitable ones.

Financial analysis: Eskom assesses financial risk from financial statements; mitigating factors may be required; high risk or disagreement leads to non-award.

Reverse e-auction: if used, tender submitted without prices; any prices included will be ignored.

Pricing: firm rates and prices in ZAR including all duties, taxes (VAT) and levies applicable 14 days before closing; no contract price adjustment unless Tender Data provides.

Performance security: if required, tenderer must name at least two financial institutions for security; Eskom may reject unsuitable institutions.

Financial analysis: Eskom assesses financial risk from tenderer's financial statements; mitigating factors may be required; high risk or disagreement leads to non-award.

Cataloguing cost: separate line item in Pricing Schedule; Eskom pays for cataloguing.

Tender validity: hold tender valid for acceptance within validity period after closing; extend if requested (no modification allowed); refusal excludes tenderer.

CSD registration: mandatory.

Tax: valid tax compliance status (SARS PIN).

B-BBEE: certificate (SANAS accredited) or qualifying sworn affidavit (EME ≤ R10m, QSE ≤ R50m); if pre-qualification criterion, proof at closing or disqualification.

CIDB: if Tender Data stipulates grading, registration mandatory at closing (or proof of application with registration by award within 21 working days); applicable to construction works.

CIPC: company registration.

COIDA: compliance.

OHS Act & Eskom SHEQ: compliance and proof of systems.

PPPFA & National Treasury Instruction Notes: compliance.

Local content: designated materials and thresholds information by contract award.

SDL&I Undertaking: completed and submitted by contract award.

Authority to sign: authenticated copy if agent submits.

No restriction to do business with Eskom or State-Owned Companies.

B-BBEE level scored from CSD report or valid certificate/affidavit.

If pre-qualification criterion: proof (certificate/CSD number/CSD report) required at closing or disqualification; sub-contractor B-BBEE status and CSD number/certificate/affidavit also required at closing if PPPFA sub-contracting pre-qualification used.

If not pre-qualification: missing/expired/fraudulent certificate/affidavit scores zero PPPFA points but does not disqualify (if otherwise responsive).

Fraudulent/expired B-BBEE certificate/affidavit or fronting: reported to B-BBEE Commission; tenderer suspended from State-Owned Companies up to 10 years; possible criminal sanction.

Affidavit conditions: must contain required ownership and revenue information; deponent and Commissioner of Oaths must sign on same date; Commissioner must be independent of bidder.

Compliance required with OHS Act and Eskom SHEQ requirements.

Proof of safety, health, environment and quality (SHEQ) systems, policies and capabilities must be provided to Eskom's satisfaction at closing date and/or contract award.

All SHEQ costs and personnel must be reflected in the tender.

CIDB registration mandatory at closing if grading stipulated (or proof of application with registration within 21 working days).

Contract Skills Development Goals (CSDG) apply to contracts ≥12 months and ≥R5m (professional/service) or CIDB grade 7+ (engineering/construction/design-build).

Contract Participation Goals (CPG) apply to GB/CE construction works ≥6 months where ≥25% of main contract can be subcontracted in CE, EB, GB, ME classes.

Tender validity: hold offer open for acceptance within validity period after closing; extend on request (no changes permitted); refusal excludes tenderer.

Confidentiality: treat all procurement matters as confidential; use documents only for tender preparation.

Standardised specifications: obtain and familiarise with latest revisions incorporated by reference.

Site visit/clarification meeting: compulsory if stipulated; non-attendance disqualifies; details in Tender Data.

Clarification requests: in writing to Eskom Representative; responses published to all tenderers.

Insurance: Eskom cover may not be full; tenderer to seek qualified advice.

Alterations: only to comply with Eskom Representative instructions or correct own errors; all signatories initial; no correction fluid/tape.

Alternative tenders: only if main tender submitted and permitted by Invitation to Tender; based on Tender Data criteria.

Form of Agreement: successful tenderer checks final draft and signs.

Authority to act: authenticated copy required if agent submits.

Legislation compliance: National Treasury Instruction Notes, CIDB Regulations, PPPFA, B-BBEE Codes, COIDA, OHS Act, Eskom SHEQ, and any other indicated.

Contract Skills Development Goals (CSDG): apply to contracts ≥12 months and ≥R5m (professional/service) or CIDB grade 7+ (engineering/construction/design-build).

Contract Participation Goals (CPG): apply to GB/CE construction works ≥6 months where ≥25% of main contract can be subcontracted in CE, EB, GB, ME classes.

Fraud/misrepresentation: disqualification, reporting to B-BBEE Commission, up to 10-year suspension from State-Owned Companies, possible criminal sanction.

SDL&I Undertaking: submit by contract award or tender not considered.

Cataloguing: provide information and labelling per Eskom specs after award; pricing schedule includes cataloguing line item; Eskom pays.

Performance security: name at least two financial institutions; Eskom may reject unsuitable ones.

Acceptance: notified before validity expiry after Adjudication Authority approval; open tenders published on Bulletin and e-Tender Portal.

Contract preparation: incorporate addenda, returnables, negotiated changes, agreed revisions.

Signing: authorised signatories complete and sign original and one copy of Form of Agreement.

Cataloguing: successful tenderer provides cataloguing information per item and labels materials per Eskom specifications after award; Pricing Schedule includes cataloguing line item; Eskom pays.

Performance security: if required, tenderer names at least two financial institutions; Eskom may reject unsuitable ones.

Fraud/misrepresentation: disqualification, reporting to B-BBEE Commission, up to 10-year suspension from State-Owned Companies, possible criminal sanction.

SDL&I Undertaking: submit by contract award or tender not considered.

Local content: designated materials and thresholds information by contract award.

Reverse e-auction: if used, tender submitted without prices; any prices included will be ignored.

Eligibility: comply with criteria in Tender Data; not restricted from doing business with Eskom or State-Owned Companies.

Sub-contracting: maximum 99% of scope; 100% sub-contracting disqualifies.

Submission: complete original tender plus one copy (paper) or electronic via e-tendering portal by closing time; all mandatory returnables completed and submitted.

Compulsory site visit/clarification meeting: attend if stipulated; non-attendance disqualifies.

SHEQ proof: provide at closing and/or contract award.

CIDB: registration mandatory at closing if grading stipulated (or proof of application with registration within 21 working days).

SDL&I Undertaking: submit by contract award.

Legislation: comply with National Treasury Instruction Notes, CIDB Regulations, PPPFA, B-BBEE Codes, COIDA, OHS Act, Eskom SHEQ, and any other indicated.

Authority to sign: authenticated copy if agent submits.

Basic compliance: failure renders tender non-responsive; missing original or copy disqualifies (paper); missing upload disqualifies (e-tendering).

Mandatory returnables: missing at closing disqualifies.

Pre-qualification criteria: comply if stipulated in Invitation to Tender.

Designated materials: submit information and thresholds by contract award.

Functionality: meet minimum threshold if criterion applies.

Financial risk: acceptable financial standing; mitigating factors may be required.

Fraud/misrepresentation: disqualification and reporting.

Evaluation stages: basic compliance → pre-qualification (if any) → functionality (minimum threshold in Tender Data) → financial risk analysis → price (PPPFA 80/20 or 90/10) → specific goals → ranking.

Price factors: CPA, FOREX, commodity exposure, unconditional discounts, technical adjustment, present value, forecasted invoicing rates.

B-BBEE scoring: from CSD report or certificate/affidavit; pre-qualification requires proof at closing; otherwise zero points if missing/expired/fraudulent.

Specific Goals: zero points if not met or proof missing; not disqualifying.

Objective criteria: only if stipulated in Invitation to Tender per PPPFA s2(1)(f); functionality and B-BBEE scorecard elements cannot be used.

Reverse e-auction: may be used; tender submitted without prices; prices included in tender will be ignored.

Returnable forms — must be completed, signed and submitted with the bid:

• SBD 4 (Bidder's Disclosure): discloses whether any director or shareholder is employed by the state, any relationship with employees of the procuring institution, and any interest in related enterprises. Also certifies the bid was prepared independently without collusion. A false declaration disqualifies the bid.

Automatic disqualification applies if the bidder is listed on the Register for Tender Defaulters or the List of Restricted Suppliers.

• Any false or incomplete disclosure on SBD 4 results in disqualification.

The declaration includes a statement that there have been no consultations, communications, agreements or arrangements with any competitor regarding quality, quantity, specifications, prices, or other bid parameters.

Procurement: Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components

Location: Kendal Power Station

Duration: five (5) years

Employer: Eskom Holdings SOC Ltd

Closing date: 28 October 2026 at 10:00

Period of validity: as stated in the Tender Data (not specified in available pages)

Agreement effective date: the date the tenderer receives one fully completed and signed original copy of the Form of Offer and Acceptance, including any Schedule of Deviations

Scope: Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components

Location: Kendal Power Station, Mpumalanga

Contract period: five (5) years

Contract documents comprising the full scope:

• Part C1: Agreements and Contract Data (including Form of Offer and Acceptance)
• Part C2: Pricing Data
• Part C3: Scope of Work: Service Information
• Drawings and documents incorporated by reference into the above Parts

Pricing structure: total of Prices exclusive of VAT, plus VAT at 15%, equals total inclusive of VAT

• Part C2 contains Pricing Data (not detailed in available pages)
• Actual amounts due assessed in terms of conditions of contract, not solely based on offered total

Pricing format: firm total price exclusive of VAT, with VAT at 15% added separately

• Offered total exclusive of VAT: to be inserted by bidder
• VAT at 15%: to be calculated and inserted
• Offered total inclusive of VAT: to be inserted (required by Employer for budgeting only; actual amounts assessed per conditions of contract)

Post-award financial obligations (to be delivered within two weeks of receiving completed agreement):

• Securities
• Bonds
• Guarantees
• Proof of insurance
• Any other documentation required by the conditions of contract

Failure to deliver these obligations timeously constitutes repudiation of the agreement.

CIDB registration: required — tenderer must provide CIDB registration number on the Form of Offer and Acceptance

Returnable forms and documents:

• Form of Offer and Acceptance (C1.1): signed offer committing to all obligations and liabilities of the Contractor
• Schedule of Deviations: must list all deviations from tender documents agreed during offer and acceptance; no other deviations valid
• Returnable Schedules: as listed in Tender Data (not fully specified in available pages)

Conditions of Tender: bidder must comply; any deviations must be recorded in Schedule of Deviations

Contract formation: agreement comes into effect when tenderer receives one fully completed and signed original copy of the Form of Offer and Acceptance, including any Schedule of Deviations

Deviations and amendments:

• Only deviations permitted in terms of Conditions of Tender are allowed
• All agreed deviations must be recorded in the Schedule of Deviations attached to the Form of Offer and Acceptance
• No other amendments or deviations are valid unless contained in this Schedule
• Tenderer's covering letter must not be included in final contract document; any agreed matters from such letter must be recorded in Schedule of Deviations
• No oral or implied communications between tender issue and receipt of signed agreement have any contractual effect

Post-award obligations (within two weeks of receiving completed agreement):

• Contact Employer's agent (details in Contract Data) to arrange delivery of securities, bonds, guarantees, proof of insurance and other required documentation
• Delivery timing: at or just after agreement effective date
• Consequence of non-compliance: repudiation of agreement

Alternative tenders: permitted — use separate copy of Form of Offer and Acceptance

Returnable documents:

• E-Tendering Training Acknowledgement Form (mandatory): confirms the bidder completed self-training on the E-Tendering Solution and can operate it. The form must be signed, with designation and date.

Closing time: 10:00 on 28 October 2026

Exchange rate date: 12H00 on the date of advertisement of the tender

Base date for CPA indices: the month before the month in which the tender closes

Fraud and corruption hotline: 0800 11 2722

Email: [email protected]

Payment documentation by method

Payment Method 1A (foreign bank account):

• Commercial invoice from foreign supplier
• Sad 500
• Bill of Entry (customs clearance evidence)
• Customs release notification
• Transport documents from freight company
• Mode-specific transport evidence: marine/ocean bill of lading; airway bill; road/rail consignment note; postal receipt; certificate of posting; courier dispatch note or air waybill

Payment Method 1B (CFC account):

• Commercial invoice from country of origin
• Local tax invoice
• Matching invoice values
• SAD 500, Bill of Entry, customs release notification, transport documents
• Mode-specific transport evidence as above

Payment Method 1B service-related:

• Commercial invoice from overseas supplier
• Local tax invoice
• Matching invoice values

Payment Method 2 (ZAR at forward cover rate):

• Commercial invoice from foreign supplier
• SAD 500, Bill of Entry, customs release notification, transport documents
• Mode-specific transport evidence as above
• Local invoice or tax invoice
• Written indemnity against forward cover (with submission)

Payment Method 3 (fixed ZAR):

• Commercial invoice from foreign supplier
• Local invoice or tax invoice
• SAD 500, Bill of Entry, customs release notification, transport documents
• Mode-specific transport evidence as above
• Commercial invoice from overseas supplier (foreign currency exposure proof)
• Local tax invoice

Secondment payments:

• Commercial invoice from specialist company
• Local invoice from South African company
• Specialist passport and valid work permit
• Activity schedule signed by contract manager

Foreign specialist engagement methodologies

Secondment

• Foreign specialist retains employment contract with overseas employer
• Seconded to local company with Eskom contract
• Works under direction and control of local management
• Salaries paid by home country; foreign entity invoices local supplier in foreign currency
• Typical currencies: Euro or GBP
• Duration: short to medium term
• Payment documents required:
• Commercial invoice from specialist company
• Local invoice from South African company
• Passport and valid work permit of specialist
• Activity schedule signed by contract manager

Payroll transfer

• Overseas employment contract suspended
• Specialist takes up local contract with local company
• Remuneration in ZAR
• No foreign invoice available due to suspended employment
• Duration: long term
• No foreign commitment; contract in ZAR

Exchange rate sourcing

• Rate as at 12H00 on tender advertisement date
• Source: South African Reserve Bank (www.resbank.co.za)
• Proof of SARB rate used must be submitted

CPA structure for foreign goods and services

• Formula A with index references A1, A2, A3
• 15% fixed portion not subject to CPA
• Total: 100%
• If Eskom's CPA breakdown not populated, refer to NEC Pricing Schedule or standalone Pricing Schedule

CPA conditions

• Align with Eskom's proposed breakdown, or submit alternative for Eskom consideration
• No CPA for contracts over 12 months results in fixed and firm pricing
• Eskom may negotiate CPA terms during negotiations

Base date and base price

• Monthly indices: month before tender close
• Daily or interval-published figures: average for month before tender close

Professional services

• Index: country-specific CPI Headline
• Adjustment at each contractual anniversary
• Average of last 12-month CPI figures ending before anniversary

Foreign currency pricing requirements

• Foreign currency and amounts at risk must be indicated in pricing schedule or covering letter
• Exchange rate: SARB rate on tender advertisement date at 12H00

Contract price adjustment (CPA)

• CPA applies only to contracts longer than 12 months
• Fixed price required for contracts of 12 months or less
• CPA not applicable in Year 1; applies from Year 2 onwards
• Failure to submit a CPA formula results in fixed pricing
• No rate-of-exchange adjustments permitted in any CPA formula
• Separate CPA formulae required for local and foreign components
• Local indices prohibited for imported components
• Minimum 15% of total agreement value must remain fixed
• Each CPA formula must total 100%
• Only official published indices in the public domain permitted
• No in-house indices allowed
• Multiple formulae permitted (A, B, C, etc.) or combined single formula
• Labour and transport line items may use individual formulae
• Base date: month before tender close for monthly indices; monthly average for daily/interval-published figures
• Eskom reserves right to negotiate CPA terms during negotiations

Foreign currency payment options

Payment Method 1A: Foreign bank account in foreign currency

• Contracting party or Eskom SOC Limited must be direct importer

Payment Method 1B: SARB-approved CFC account in South Africa in foreign currency

• Contracting party must be direct importer
• Foreign and local invoice values must match
• Eskom will not pay profit in foreign currency
• Submission must include: SARB initial application, SARB response on letterhead, latest renewal application, SARB renewal response

Payment Method 2: South African Rand at Eskom Treasury selling spot rate on forward cover cancellation date

• Direct importer only; not applicable to services
• Eskom approval required prior to tender close
• Written indemnity against buying forward cover required with submission
• Exchange rate adjustments after notification are for supplier's account

Payment Method 3 (Fixed ZAR): Supplier bears exchange rate risk

• Exchange rate sourced from SARB on tender advertisement date at 12H00
• Tenderer must match or better Eskom's obtained rate
• Foreign currency amounts must be indicated in pricing schedule or covering letter
• Proof of importation required at payment

Service-related payments for foreign specialists

• Secondment: foreign specialist retains overseas contract; invoiced in foreign currency (typically Euro or GBP); short to medium term
• Payroll transfer: local ZAR contract; no foreign commitment; long term

Professional services CPA

• Preferred index: country-specific CPI Headline index
• Adjustment effective each contractual anniversary
• Based on average of last 12-month CPI figures ending before anniversary

Foreign currency payment conditions

• Direct importer requirement for foreign currency or exchange-rate-linked pricing
• Eskom confirmation required before tender close that foreign currency is acceptable
• Proof of importation required for payment
• Stock-imported goods for multiple customers: price must be in ZAR; no foreign exchange commitment from Eskom
• All domestic costs (e.g., transport) paid in Rands only

Payment Method 1A: Foreign bank account

• Payment to nominated party and account in contract only

Payment Method 1B: CFC account

• Matching foreign and local invoice values required
• Commercial invoice must be from country of origin
• SARB approval documentation required with submission

Payment Method 2: ZAR at forward cover cancellation rate

• Not applicable to services
• Prior Eskom approval mandatory
• Written indemnity against forward cover required

Payment Method 3: Fixed ZAR

• Supplier bears all exchange rate risk after agreement
• Proof of importation at invoicing required

Service payments

• Secondment: foreign currency invoices for short to medium term
• Payroll transfer: ZAR-based, no foreign commitment for long term

Exchange rate proof

• SARB rate at 12H00 on advertisement date must be substantiated with submission

Refurbishment, repair and maintenance of HVAC chillers and chiller components, together with supply of new chillers and components, at Kendal Power Station over a five-year (60-month) service period. The Affected Property is Kendal Power Station. The Service Information governing the work is in Part 3: Scope of Work and the documents and drawings it references.

Closing date and time: 28 October 2026 at 10:00.

Contract dates:

• Starting date: to be confirmed.
• Service period: 60 months from the Contract Date.
• Base date for price adjustment indices: one month before the tender closing date.
• First plan for acceptance: within two weeks after the Task Order Date.
• Task Order programme: within 5 days of receiving the Task Order, or as agreed between the parties.
• Assessment interval: two weeks after Task Order completion.
• Defect correction period: 52 weeks after the respective Task Order Completion Date.
• End of liability date: 12 months after the end of each Task Order.
• Joint venture key person notification: within two weeks of the Contract Date.
• B-BBEE status change notification: within seven days of the change; updated verification certificate within thirty days of that notification.
• Tax invoice: within one week of receiving a payment certificate.
• Compensation event notification: within eight weeks of becoming aware of the event.

No compulsory briefing or site visit is stated in this extract.

Employer

• Name: Eskom Holdings SOC Ltd (registration number 2002/015527/30)
• Registered office: Megawatt Park, Maxwell Drive, Sandton, Johannesburg
• Telephone: 011 800 2111

Service Manager

• Address: Kendal Power Station, Private Bag X7272, Witbank, 1035
• Telephone: not stated
• Email: not stated

No SCM or technical enquiry contact details are stated in this extract.

Submission channel and format are not stated in this contract data extract; the extract covers the C1.2 TSC3 Contract Data (Part 1) only.

Returnable forms and declarations referenced in the bid pack:

• SBD 1 (Invitation to Bid): bidder and contact details, signed as the offer cover page.
• SBD 3.1 / 3.2 / 3.3 (Pricing Schedule): priced offer, firm or non-firm as applicable.
• SBD 4 (Declaration of Interest): discloses state employment or connections to the procuring institution.
• SBD 6.1 (Preference Points Claim): claims B-BBEE preference points under the PPPFA system.
• SBD 6.2 (Declaration for Local Production and Content): declares local content where applicable.
• SBD 7.1 / 7.2 (Contract Form): binds the bidder to the contract terms on award.
• SBD 8 (Declaration of Bidder's Past Supply Chain Management Practices): discloses past SCM conduct.
• SBD 9 (Certificate of Independent Bid Determination): certifies no collusion or price disclosure.
• Authority to Sign / Board Resolution: authorises the named signatory to bind the bidder.

Disqualification risks:

• Any returnable form omitted or unsigned.
• Failure to notify a compensation event within eight weeks of becoming aware of it forfeits any price adjustment.
• Failure to notify a change in B-BBEE status may be treated as grounds for termination.
• Prohibited action (coercive, collusive, corrupt, fraudulent or obstructive) during procurement or execution may lead to termination.

Evaluation split, preference point system and minimum qualifying score are not stated in this contract data extract.

Stated compliance gates:

• CSD registration and a valid tax compliance status (SARS TCS or tax pin).
• B-BBEE compliance under the PPPFA, with a B-BBEE certificate or qualifying affidavit.
• Completion and signing of the National Treasury standard forms listed under submission.
• Criminal verification record security clearance certificates for every person requiring site access.
• Compliance with the Construction Regulations 2014 and all applicable health, safety and environmental law.
• Insurance in place as required by Insurance Table A (contractor) and Insurance Table B (employer).
• No business rescue order granted against the bidder.
• No prohibited action (coercive, collusive, corrupt, fraudulent or obstructive) by the bidder or its people.

Scope

• Refurbishment, repair and maintenance of HVAC chillers and chiller components, plus supply of new chillers and components.
• Site: Kendal Power Station (the Affected Property).
• Service period: 60 months from the Contract Date.
• Service Information is set out in Part 3: Scope of Work and the documents and drawings it references.
• Work is executed under Task Orders issued by the Employer.

Testing and defects

• Testing and defect inspection take place at the supplier's site before delivery to Kendal Power Station.
• Final quality inspection and acceptance of goods and services is done at Kendal Power Station.
• Where a test or inspection reveals a defect, the supplier corrects it and the test or inspection is repeated.
• The contractor corrects defects whether or not the Service Manager notifies them.
• Defect correction period: 52 weeks after the respective Task Order Completion Date.
• Site access for defect correction is arranged by the Service Manager.

Response times

• Emergencies: within 24 hours.
• Production-related matters: within 3 days.
• Other contractual matters: within 5 days.

Risk register matters

• Site access; illegal plant modifications (all modifications must follow Generation Engineering Change Management Procedure 240-53114002); delays caused by others on site; community unrest blocking site access; non-compliance with Life Saving Rules, OHRVS and Plant Safety Regulations; spares availability; health and safety risks such as dust, working at heights and moving machinery; environmental and regulatory risks including air quality non-compliance and contamination; competency issues.

Additional employer risks

• Security delays or access restrictions; existing plant defects; force majeure events.

Testing and acceptance

• Testing and defect inspection take place at the supplier's site before delivery to Kendal Power Station.
• Final quality inspection and acceptance of goods and services is done at Kendal Power Station.
• If a test or inspection shows a defect, the supplier corrects it and the test or inspection is repeated.

Defects

• The contractor corrects defects whether or not the Service Manager notifies them.
• Defect correction period: 52 weeks after the respective Task Order Completion Date.
• The Service Manager arranges site access where needed for defect correction.

Asbestos quality controls

• Ambient air must meet the prescribed South African asbestos standard; the occupational exposure limit is 0.2 regulated asbestos fibres per millilitre of air as a 4-hour TWA and the short-term exposure limit is 0.6 fibres per millilitre as a 10-minute TWA, measured per HSG248 and monitored per HSG173 and OESSM.
• Monitoring and reporting is by an independent, competent, certified occupational hygiene inspection body that is SANAS-accredited and Department of Employment and Labour approved.
• The contractor may run parallel measurements at its own cost; results are assessed only against South African statutory limits, and control measures must follow the AAIA-approved asbestos work plan.
• Where asbestos is identified, a risk assessment is done and, if exposure above the action level is possible, immediate control measures and air monitoring follow to declare the area safe.
• Personnel may stop work and leave a contaminated area until it is declared safe.
• Work resumes on presentation of safe levels, and contractual dates, including the Completion Date, are extended by the notification periods required by regulations 3 and 21 of the Asbestos Regulations, 2001.
• Asbestos removal and disposal is done by a registered asbestos contractor, instructed by the employer at the employer's expense.

Contract type

• NEC3 Term Service Contract (TSC3), main Option A: priced contract with price list.
• Secondary options: X1 price adjustment for inflation, X2 changes in law, X17 low service damages, X18 limitation of liability, X19 Task Order, plus Z1 to Z16 additional conditions.
• Currency: South African Rand.

Payment

• Payment is made within 30 calendar days after a signed assessment by both parties and a valid tax invoice.
• Contracts valued at R50 million and above, including VAT, are paid within 60 days.
• The contractor must submit a tax invoice within one week of receiving a payment certificate, matching the certified amount.
• Late submission of a correct tax invoice extends the payment date by the same period; interest then runs from the delayed payment date.
• Invoices must comply with the VAT Act and carry the employer's VAT number 4740101508.
• Interest rate: the publicly quoted prime rate charged by Standard Bank of South Africa Limited, calculated on a 365-day year.
• Price adjustment for inflation: 0.15 of the price adjustment factor is non-adjustable (fixed); the remaining proportions are linked to indices, with the base date one month before the tender closing date.
• The contractor forecasts the final total of the Prices for the whole service at intervals of no more than 4 weeks, or as stated on the Task Order.

Damages and liability

• Low service damages: 2% of the Task Order for non-compliance with a hold point; 3% of the Task Order for re-work; 2% per day for turnaround time delays, capped at 5% of the Task Order value.
• Delay damages: 2% of the Task Order value per day from the day of delayed completion until actual completion, capped at 10% of the total Task Order values.
• Contractor's liability for indirect or consequential loss: limited to R0.00.
• Contractor's liability for loss of or damage to employer property for any one event: limited to the insurance deductibles relevant to the event.
• Contractor's total liability, excluding the additional excluded matters, is limited to the total of the Prices; liability for the additional excluded matters is unlimited.
• Additional excluded matters: loss of or damage to property other than the employer's property, plant and materials; death of or injury to a person; infringement of an intellectual property right.
• Employer's liability to the contractor for indirect or consequential loss: limited to R0.00.

Insurance

• The contractor insures, from the starting date until completion or the termination certificate, against loss of or damage to the employer's property, plant and materials, and equipment (replacement cost where not covered by the employer's insurance, or the employer's policy deductible where covered), and against third-party property damage and bodily injury or death (replacement cost and the amount required by law), and death or bodily injury to the contractor's employees (the amount required by law).
• The employer insures assets all risk, contract works, environmental liability, general and public liability, transportation (marine), motor fleet and mobile plant, terrorism, cyber liability, nuclear material damage and business interruption, and nuclear material damage terrorism, each per the insurance policy document.
• Certificates of insurance must be provided on request by either party.

Registration and tax

• CSD registration and a valid tax compliance status (SARS TCS or tax pin).

B-bbee

• B-BBEE compliance under the PPPFA, evidenced by a B-BBEE certificate or qualifying affidavit.
• Any change in legal status, ownership or business composition that changes B-BBEE status must be reported to the employer within seven days.
• An updated verification certificate and supporting documents must reach the Service Manager within thirty days of that notification.
• A decrease in B-BBEE status allows the employer to renegotiate or terminate; failure to notify may be treated as grounds for termination.

Health, safety and environment

• Compliance with the Construction Regulations 2014 and all applicable health and safety law; the employer may appoint the contractor as Principal Contractor for the Affected Property.
• The contract price must include sufficient provision for health, safety and environmental compliance.
• Compliance with all applicable environmental law, including air quality and contamination controls.
• Asbestos: the employer maintains ambient air within the prescribed South African standard; the occupational exposure limit is 0.2 regulated asbestos fibres per millilitre of air as a 4-hour TWA and the short-term limit is 0.6 fibres per millilitre as a 10-minute TWA, measured per HSG248 and monitored per HSG173 and OESSM. Monitoring is by a SANAS-accredited, Department of Employment and Labour approved AAIA. Asbestos removal and disposal is done by a registered asbestos contractor, instructed by the employer at the employer's expense.

Security clearance

• Every person requiring access to employer premises, installations, systems or information must hold a criminal verification record security clearance certificate, provided at the contractor's cost with copies of identifying documents.
• Certificates must be issued by a SAPS-accredited screening company, be no older than four weeks, and remain valid while access is required; updated certificates may be required every 26 to 52 weeks.
• Access may be refused at the employer's sole discretion, and refusal is not a compensation event.
• If a certificate is cancelled, withdrawn, invalidated, amended or expires, or a conviction is recorded, the person may be removed from site and blocked from systems; this is not a compensation event.

Other

• No business rescue order may have been granted against the bidder.
• No prohibited action (coercive, collusive, corrupt, fraudulent or obstructive) may be taken during procurement or execution.
• POPIA compliance applies to all shared personal information; cross-border transfer requires written consent and compliance with section 72 of POPIA.

Obligations

• The contractor must take all reasonable precautions to protect the health and safety of persons involved in the service.
• The employer may appoint the contractor as Principal Contractor under the Construction Regulations 2014 for the Affected Property.
• The contract price must include sufficient provision for compliance with the Construction Regulations, all applicable health and safety law, and the contract's health and safety rules, guidelines and procedures.
• The contractor must ensure its subcontractors, employees and others under its direction comply with the same requirements.

Site risks

• Identified risks include exposure to dust, working at heights, moving machinery, and non-compliance with the employer's Life Saving Rules, OHRVS and Plant Safety Regulations.
• Plant modifications must follow Generation Engineering Change Management Procedure 240-53114002.

Access and security

• Only persons holding a criminal verification record security clearance certificate may access employer premises, installations, systems or information.
• Certificates must be issued by a SAPS-accredited screening company, be no older than four weeks, and remain valid while access is required; updated certificates may be required every 26 to 52 weeks.
• Certificates are provided at the contractor's cost with copies of identifying documents.
• Access may be refused at the employer's sole discretion, and refusal is not a compensation event.
• If a certificate is cancelled, withdrawn, invalidated, amended or expires, or a conviction is recorded, the person may be removed from site and blocked from systems; this is not a compensation event.

General

• The contractor must comply with all applicable environmental law, regulations, rules, guidelines and procedures, and must ensure its subcontractors, employees and others under its direction do the same.
• Environmental and regulatory risks identified for the site include non-compliance with air quality regulations and environmental contamination.

Asbestos

• The employer manages asbestos and asbestos containing materials under its Asbestos Standard 32-303.
• Ambient air in the work area must meet the prescribed South African asbestos standard; the occupational exposure limit is 0.2 regulated asbestos fibres per millilitre of air as a 4-hour TWA and the short-term limit is 0.6 fibres per millilitre as a 10-minute TWA.
• Monitoring is by a SANAS-accredited, Department of Employment and Labour approved AAIA; the contractor may run parallel measurements at its own cost.
• Where asbestos is identified, a risk assessment is done and control measures plus air monitoring follow to declare the area safe; personnel may leave the area until it is declared safe.
• Work resumes on presentation of safe levels, with contractual dates extended by the notification periods in regulations 3 and 21 of the Asbestos Regulations, 2001.
• Asbestos removal and disposal is done by a registered asbestos contractor, instructed by the employer at the employer's expense, in line with South African legislation.

Contract form

• NEC3 Term Service Contract (TSC3), main Option A (priced contract with price list), dispute resolution Option W1, secondary options X1, X2, X17, X18, X19 and additional conditions Z1 to Z16.
• Governing law: Republic of South Africa. Language: English.

Duration and task orders

• Service period: 60 months from the Contract Date; starting date to be confirmed.
• Work is instructed by Task Orders; the contractor submits a Task Order programme within 5 days of receiving the Task Order, or as agreed.
• The contractor submits a first plan for acceptance within two weeks after the Task Order Date.
• The contractor forecasts the final total of the Prices at intervals of no more than 4 weeks.

Cession, joint ventures and confidentiality

• The contractor may not cede, delegate or assign rights or obligations without the employer's written consent; the employer may cede to its subsidiaries or divisions on written notice.
• Joint venture members are jointly and severally liable; the key person authorised to bind the grouping must be notified within two weeks of the Contract Date, and the composition may not change without written consent.
• Contract information must be kept confidential; images of the Affected Property require prior written consent of the Service Manager and all rights vest in the employer. Subcontractors must observe the same undertakings.

Compensation events and termination

• Compensation events are managed under core clause 6; failure to notify an event within eight weeks of becoming aware of it forfeits any price change.
• Changes in law are a compensation event only if they occur after the Contract Date.
• Termination is managed under core clause 9; a business rescue order against the contractor is added as a termination ground.
• Prohibited action (coercive, collusive, corrupt, fraudulent or obstructive) may lead to termination without a prior court finding, with amounts due per core clauses 92.1 and 92.2.

Dispute resolution

• Adjudication under Option W1, with the adjudicator selected from the ICE-SA panel; if the parties cannot agree, ICE-SA appoints.
• Arbitration under the latest Association of Arbitrators (Southern Africa) rules, held in Johannesburg, South Africa.

Liability and insurance

• Contractor's liability for indirect or consequential loss is limited to R0.00; total liability excluding the additional excluded matters is limited to the total of the Prices, with unlimited liability for the additional excluded matters (third-party property loss or damage, death or injury, and intellectual property infringement).
• Employer's liability for the contractor's indirect or consequential loss is limited to R0.00.
• End of liability date: 12 months after the end of each Task Order.
• The contractor insures loss of or damage to employer property, plant and materials, and equipment, plus third-party property damage and bodily injury or death, and death or injury to its employees, per Insurance Table A.
• The employer insures assets all risk, contract works, environmental liability, general and public liability, transportation (marine), motor fleet and mobile plant, terrorism, cyber liability, nuclear material damage and business interruption, and nuclear material damage terrorism, per Insurance Table B.
• Insurance certificates must be produced on request.

Nuclear liability

• The employer operates the Koeberg Nuclear Power Station under a nuclear licence and indemnifies the contractor against nuclear damage, waiving recourse except for unlawful intent or unauthorised presence on site; the protection lasts until the station is decommissioned.

Data protection

• Each party is an independent responsible party under POPIA for shared personal information, must give fair processing notices and obtain consents, must notify the other of regulator communications, must assist with data subject requests, and may not transfer personal information across borders without written consent and compliance with section 72 of POPIA.

Eskom PAYE Questionnaire for Service Contracts, applicable to the 2025/2026 tax years (1 March 2025 to 28 February 2026). The pack determines the contractor's tax classification (Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor) for PAYE purposes. It applies to contractors supplying services to Eskom Holdings SOC Ltd and its subsidiaries. Contractors must complete Evaluation Pack A (Company/CC/Trust) or Pack B (Individual), answer all questions truthfully, sign the summary sheet and required affidavits, and submit the completed pack to Eskom, copying Group Tax at [email protected]. The pack is based on the Fourth Schedule to the Income Tax Act and is subject to legislative changes.

Pack applicability period: 1 March 2025 to 28 February 2026 (2025/2026 tax years).

No compulsory briefing or site visit dates are stated in this document.

The tender closing date and time are not specified in this document.

Group Tax (for copy of completed pack)

• Email: [email protected]

Non-resident contractor referral

• Contact: Contractor representative in Eskom (name not specified)
• Department: Eskom Group Tax Department, Megawatt Park

No telephone numbers are provided in the document.

Submission method: Email the completed Evaluation Pack (signed summary sheet and all applicable signed affidavits) to Eskom, copying Group Tax at [email protected].

Non-resident contractors: Submit the pack to their contractor representative in Eskom for referral to the Eskom Group Tax Department in Megawatt Park.

Returnable documents:

• Completed Evaluation Pack A (for Company/Close Corporation/Trust) or Evaluation Pack B (for Individual).
• Signed summary sheet at the end of the relevant pack.
• Signed affidavits as directed by the questionnaire (Appendices 1–5, 9).
• Signed declarations as directed (Appendices 6–8).

All forms must be fully completed, signed, and submitted with the bid.

Disqualification risks: Failure to sign any required affidavit or declaration will result in PAYE being withheld from payments.

The document does not contain the tender's evaluation criteria (price, functionality, B-BBEE, minimum qualifying scores). It only sets out the tax classification tests (Evaluation Pack A and Pack B) used to determine whether PAYE must be withheld from payments to the contractor.

Tax implications for Labour Brokers (Appendix 6):

• If a valid IRP30 exemption certificate is provided to Eskom: No Employees' Tax will be withheld from payments; an IT3(a) certificate with code 3617 will be issued, and the reason code for non-deduction is 07.
• If a valid IRP30 certificate is not provided: Employees' Tax will be withheld at the tax rates applicable to individuals until a valid IRP30 certificate is provided; an IRP5 certificate with code 3617 will be issued.

Tax withholding outcomes based on classification:

• Labour Broker with valid IRP30 exemption certificate: No Employees' Tax withheld; IT3(a) certificate issued with code 3617, reason code 07.
• Labour Broker without valid IRP30: Employees' Tax withheld at individual tax rates until certificate provided; IRP5 issued with code 3617.
• Dependent Contractor or Personal Service Provider: Employees' Tax withheld at prevailing tax rate; payments coded 3601 or 3616 on IRP5 (code 3616 if Appendix 7 signed under Questions 4 or 5).
• Independent Contractor (Company/CC/Trust): No PAYE withheld provided Appendix 8 is signed.
• Independent Contractor (Individual): No PAYE withheld provided Appendix 8 is signed.

The contractor must notify Eskom of any status changes; failure to do so makes the contractor liable for taxes, penalties, and interest imposed on Eskom by SARS.

Tax classification compliance via Evaluation Pack A (Company/CC/Trust) or Pack B (Individual):

1. Residence test: Must be a South African resident per Income Tax Act; non-residents sign Appendix 9 and refer pack to Eskom Group Tax.
2. Employee exclusion (Pack A): Employ 3+ full-time employees engaged in the business, not connected to shareholders/members/beneficiaries → sign Appendix 1 and Appendix 8.

Employee exclusion (Pack B): Employ 3+ full-time employees throughout the year, engaged in business, not connected persons → sign Appendix 1 and Appendix 8.

3. Connected persons: No connected person may personally render services to Eskom → sign Appendix 2 (Pack A) or proceed to next test (Pack B).
4. Income test: Not more than 80% of income from any one client or associated institution → sign Appendix 4 (Pack A); if yes, sign Appendix 7.
5. Place and control test: Services not performed mainly (>50%) at Eskom premises AND not subject to Eskom's control/supervision → sign Appendix 3; if both yes, sign Appendix 7.
6. Dominant impression test: 11 factors (payment on deliverables, Eskom control of tools/staff/materials, prohibition on other clients, right to sub-contract, personal risk for quality, obligation to be present, financial dependence on Eskom, position in Eskom structure, provision of benefits/office/equipment).

• Pack A: Answering "PSP" to any of 6(i), 6(iii), 6(v), 6(vi), 6(ix) OR >50% "PSP" to 6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi) → Personal Service Provider, PAYE withheld (code 3601).
• Pack B: Answering "Employee" to any of 6(i), 6(iii), 6(v), 6(vi), 6(ix) OR >50% "Employee" to 6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi) → Dependent Contractor, PAYE withheld.

Required affidavits/declarations (Appendices 1–9) must be signed as directed by the questionnaire flow. All information must be accurate; contractor must notify Eskom of changes. Definitions per Income Tax Act in Appendix 10.

Classification tests for tax status determination:

Evaluation Pack A (Company/CC/Trust – Personal Service Provider determination):

1. Residence: Resident of South Africa per Income Tax Act? If no → Appendix 9, refer to Group Tax, stop.
2. Employee exclusion: Employ 3+ persons (excl. shareholders/members/beneficiaries)? If yes, are they full-time and engaged in business? If yes, are they connected to shareholders/members/beneficiaries? If no to any → Question 3. If all yes → Appendix 1 and Appendix 8, stop.
3. Connected person services: Will a connected person personally render services to Eskom? If yes → Question 4. If no → Appendix 2 and Appendix 8, stop.

4. 80% income test: Will >80% of income come from one client or associated institution? If yes → Appendix 7, Question 6. If no → Appendix 4, Question 5.

5. Place, control & supervision: Duties performed mainly (>50%) at Eskom premises AND subject to Eskom's control/supervision? If both yes → Appendix 7, Question 6. If no → Appendix 3, Question 6.
6. Dominant impression test (11 factors): Payment on deliverables, Eskom control of tools/equipment/staff/materials, prohibition on other clients, right to sub-contract, personal risk for quality, obligation to be present, financial dependence on Eskom, position in Eskom structure, provision of benefits/office/equipment. Scoring: If "PSP" on any of 6(i), 6(iii), 6(v), 6(vi), 6(ix) OR >50% "PSP" on 6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi) → Personal Service Provider, PAYE withheld (code 3601). If Appendix 7 already signed at Q4/Q5 → code 3616. Otherwise → Appendix 8.

Evaluation Pack B (Individual – Dependent Contractor determination):

1. Service or people test: Provide service or people? If service → Appendix 5, Question 3. If people → Question 2.
2. People test: Provide people paid by you? If yes, hold valid IRP30 exemption? If yes → Appendix 6, provide IRP30, stop. If no → Appendix 6, PAYE withheld, stop. If no to people test → Question 3.
3. Residence test: Same as Pack A.
4. Employee exclusion: Same as Pack A but for individual.
5. Place and control test: Duties mainly at Eskom premises? Subject to Eskom control/supervision? If both yes → Appendix 7, Question 6. If no → Appendix 3, Question 6.
6. Dominant impression test: Same 11 factors. Scoring: If "Employee" on any of 6(i), 6(iii), 6(v), 6(vi), 6(ix) OR >50% "Employee" on 6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi) → Dependent Contractor, PAYE withheld. If Appendix 7 already signed at Q5 → code 3616. Otherwise → Appendix 8.

All required affidavits/declarations must be signed; failure results in PAYE withholding. Contractor must notify Eskom of any changes.

The extracted fragment only includes one question from the Dominant Impression Test (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)?" This is part of the tax classification questionnaire, not the tender's evaluation criteria for award.

Refurbishment, repair and maintenance of HVAC chillers and chiller components at Kendal Power Station, together with the supply of new chillers and components, over a five (5) year term.

The contract pack is divided into Part C1 Agreements & Contract Data, Part C2 Pricing Data and Part C3 Scope of Work.

Returnable documents

• C1.1 Form of Offer and Acceptance: signed offer that binds the bidder to the TSC3 terms once accepted by Eskom.
• C1.2b Contract Data provided by the Contractor: completed at award stage.

Contract structure

• The contract is the NEC3 Term Service Contract (TSC3).
• The pack comprises Part C1 Agreements & Contract Data, Part C2 Pricing Data and Part C3 Scope of Work.
• The contractor's name and registration number are inserted only at award stage.

Scope

• Refurbishment, repair and maintenance of HVAC chillers and chiller components at Kendal Power Station.
• Supply of new HVAC chillers and chiller components.
• Delivery and performance at Kendal Power Station, Mpumalanga.

Contract period

• Five (5) years.

Contract framework

• Work is executed under the NEC3 Term Service Contract (TSC3).
• Detailed scope is set out in Part C3 Scope of Work.

Pricing is submitted in Part C2 Pricing Data of the NEC3 Term Service Contract (TSC3).

The contract is between Eskom Holdings SOC Ltd (Reg No. 2002/015527/30) and the successful bidder, whose name and registration number are inserted at award stage.

Pricing

• Prices are submitted in Part C2 Pricing Data under the TSC3 pricing structure.

Contracting parties

• Employer: Eskom Holdings SOC Ltd, registration number 2002/015527/30.
• Contractor: name and registration number inserted at award stage.

Returnable document

• C1.1 Form of Offer and Acceptance: must be completed and signed; it constitutes the bidder's binding offer under the TSC3.

Contractor data

• C1.2b Contract Data provided by the Contractor is completed at award stage.

OHS development team

• Diane Maunatlala

OHS evaluation sign-off

• Eskom OHS Representative (name, designation, signature and date recorded on the evaluation template)

Returnable OHS documents — all must be completed and submitted with the bid:

• Annexure B: signed acknowledgement of Eskom's OHS legal and other requirements.
• Health and Safety Plan: must address the OHS risks of the project scope and align with the health and safety specification.
• OHS costing: detailed breakdown of health and safety management costs, not a lump sum, based on the full scope of work.
• Baseline OHS Risk Assessment (BRA): identification, assessment and management of OHS risks for the scope, including the methodology used.
• Valid Letter of Good Standing (COIDA or equivalent).
• OHS policy signed by the CEO, compliant with Section 7 of the OHS Act.
• OHS competency evidence: CVs, qualifications and certificates for the competencies required by the scope, risks and OHS plan.

Evaluation outcome:

• Each returnable is assessed as Yes, No or Not applicable.
• The OHS representative records a recommendation of Recommended or Not Recommended.
• Additional OHS returnables may be added where applicable to the scope and are evaluated before contract award.

OHS tender evaluation (high risk)

• Evaluation is performed by Eskom's OHS representative against the returnable checklist.
• Each item is marked Yes, No or Not applicable.
• The outcome is a recommendation of Recommended or Not Recommended.
• No price, functionality or preference point split is stated in this document.
• No minimum qualifying score is stated in this document.

Scope

• Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station.
• Contract period: five (5) years.

OHS deliverables required with the bid

• Health and Safety Plan covering the project scope and its OHS risks, aligned to the health and safety specification.
• Baseline OHS Risk Assessment with the methodology used.
• Detailed, itemised costing for OHS management across the full scope.
• OHS competency evidence: CVs, qualifications and certificates for the competencies required.

Reference

• Explanatory notes for the listed OHS requirements are in Annexure A: Supplier Risk Category (240-77433139).

OHS competency

• Bidders must demonstrate OHS competency appropriate to the scope of work, its risks and the OHS plan.
• Submit CVs, qualifications and certificates for the competencies required.
• The competencies required are determined by the scope of work and its associated risks.

OHS costing

• A detailed breakdown of health and safety management costs must be submitted.
• A lump-sum OHS cost is not acceptable.
• The costing must cover the overall scope of work or service.
• The scope of work and the risk assessment may be used as a guideline for the costing.

OHS compliance returnables

• Annexure B: signed acknowledgement of Eskom's OHS legal and other requirements.
• Health and Safety Plan aligned to the project OHS risks and the health and safety specification.
• Baseline OHS Risk Assessment (BRA) with methodology.
• Valid Letter of Good Standing (COIDA or equivalent).
• OHS policy signed by the CEO and compliant with Section 7 of the OHS Act.
• OHS competency: CVs, qualifications and certificates for the required competencies.
• Detailed OHS costing, broken down and not a lump sum.

Assessment

• Each returnable is marked Yes, No or Not applicable.
• The Eskom OHS representative recommends Recommended or Not Recommended.
• Additional OHS returnables may be required where applicable to the scope and are evaluated before contract award.

OHS costing and policy

• Detailed costing for OHS management must be submitted, broken down rather than as a lump sum.
• The costing must be based on the overall scope of work or service.
• The scope of work and risk assessment may serve as a guideline.
• The OHS policy must comply with Section 7 of the OHS Act.
• Explanatory notes for the listed OHS requirements are in Annexure A: Supplier Risk Category (240-77433139).

OHS tender evaluation template (high risk)

• Document identifier: 240-77471651 Rev 3, Annexure C 1.
• Each OHS returnable is assessed as Yes, No or Not applicable.
• The Eskom OHS representative records a recommendation of Recommended or Not Recommended.
• Additional OHS returnables applicable to the scope may be added and are evaluated before contract award.

The template sets out the structure of the Contract Quality Plan the bidder must compile for the contract.

Scope of work

• Full description of the Works Information as described in the NEC or FIDIC document.
• Scope category to be indicated: design; manufacturing; supply and delivery/transportation; construction/installation/maintenance; commissioning; professional services; or other.

Plan sections to be completed

• Communication channels between supplier and Eskom for quality-related matters.
• Organogram with roles, responsibilities and outputs, including QA and QC functions.
• Index of interfacing documents, standards, codes and specifications.
• List of suppliers and sub-suppliers, including outsourced activities and selection criteria.
• Monitoring of suppliers, contractors and sub-suppliers after award.
• Interface of sub-suppliers with the supplier's quality management system.
• Index of items to be manufactured, refurbished and purchased.
• Items and activities requiring a Quality Control Plan or Inspection and Test Plan, offsite and onsite.
• Processes requiring special controls under manufacturing or fabrication codes.
• Documented information to be submitted to Eskom during the project.
• Record control and retention.
• Concession and non-conformance management.
• Data book management, including the data book index and operating and maintenance manual.
• Management of working tools and equipment, including calibration and maintenance status.
• Dealing with customer property.
• Product preservation.
• Identification and traceability.
• Commissioning and post-delivery activities.

Template effective date: 01 April 2021

Next review date: 01 April 2026

Commencement and completion dates: left blank until after contract award

The document provided is a Contract Quality Plan template, not the bid submission document. It does not state a submission channel, submission address, number of copies, packaging requirements or returnable forms for the bid itself.

What the template requires the bidder to prepare and submit as part of the Contract Quality Plan:

• Completed Contract Quality Plan covering all 20 template sections, submitted with the tender (Rev 0) and revised to Rev 1 after contract signature.
• Supplier/contract name and Eskom enquiry/contract number to be completed by the tenderer.
• Commencement and completion dates left blank until after award.
• Supplier/contractor representative name, designation and signature.
• Eskom approval block (Project Coordinator, Site Engineer, QC, Contract Manager, End User, Project Manager) completed after award.
• Index of interfacing documents (processes, standards, codes and specifications) with document name, type and revision.
• List of suppliers and sub-suppliers for scope-specific materials and outsourced services, with selection criteria.
• Index of items to be manufactured, refurbished and newly purchased, with serial numbers and production schedule.
• Index of documented information to be submitted to Eskom during the project.
• Record control and retention schedule (record name, reference number, distribution, retention period).
• Data book index and operating and maintenance manual, where applicable.
• List of tools and equipment with calibration, maintenance or test status.
• Method statements and safe working procedures.

Scope of work

• The template requires the full description of the Works Information as set out in the NEC or FIDIC contract document.
• Scope category must be indicated: design; manufacturing; supply and delivery/transportation; construction/installation/maintenance; commissioning; professional services; or other.

Quality plan content required

• Communication channels between supplier and Eskom for all quality-related matters: documentation, supplier representative details and contacts, meeting minutes, fixed contract meetings, weekly progress meetings and reporting.
• Organogram for the contract showing designations, roles, responsibilities and outputs, including QA and QC functions and the personnel responsible for managing activities and processes.
• Team member responsibilities and qualifications needed to perform stated duties, including who carries out work and who verifies it.
• Index of interfacing documents: work instructions, processes, policies, procedures, industry standards, specifications and drawings applicable to the scope.
• List of suppliers and sub-suppliers for scope-specific raw materials and components, and of outsourced activities with the criteria used to select them.
• Monitoring of suppliers, contractors and sub-suppliers after award: supplier inspection reports, surveillance or audit reports and audit schedules, supplier/contractor inspection plans, and purchased material verification checklists or reports.
• Interface between sub-supplier and supplier quality management systems, including applicable documents, procedures and work instructions.
• Index of items to be manufactured, refurbished or purchased, with full descriptions, serial numbers, production schedule and whether produced in-house or outsourced.
• Items and activities requiring a Quality Control Plan or Inspection and Test Plan, both offsite and onsite, including compilation, review, implementation and compliance monitoring.
• Processes requiring special controls governed by manufacturing or fabrication codes, such as welding and NDT/NDE, with the quality control activities to be performed for each deliverable.
• Documented information to be submitted to Eskom before commencement and during and at completion of the contract, including QCP/ITP, certificates of compliance, ITP/QCP/PQP index, data book index, risk register, offsite and offshore inspection records, method statements, safe working procedures, PQRs, repair procedures, final data book, quality manual, quality policy, audit findings reports and registers, consolidated inspection registers, monthly inspection analysis reports, non-conformance and defect registers, data book status registers and inspection rejection rate.
• Record control and retention: how records are identified, completed, retained and disposed of, using an indexed and cross-referenced filing system.
• Concession management, non-conformance (defects, repair and rework) management, and inspection management processes.
• Data book management: review, acceptance and list of purchase orders for quality-critical items.
• Management of working tools and equipment, including calibration, maintenance or test status of each item.
• Dealing with customer property in line with the latest ISO 9001 requirements.
• Product preservation: identification, handling, contamination control, packaging, storage, transmission or transportation, and protection.
• Identification and traceability methods for scope activities affected by statutory and regulatory requirements.
• Commissioning and post-delivery activities: warranty period and conditions, customer satisfaction measurement, technical support, defect correction period and retention funds.

Documents to be submitted to Eskom during and at completion of the contract

• Method statements, safe working procedures, PQRs and repair procedures.
• Quality Control Plan, Inspection and Test Plan and Project Quality Plan.
• Final data book.

Records captured in the supplier or sub-supplier quality management system

• Quality manual and quality policy.
• Risk register.
• Audit findings report and audit findings register or action register, with analysis report.
• Consolidated inspection register of all planned and completed inspections, showing accepted, rejected, postponed, cancelled and missed inspections.
• Monthly inspection analysis report.
• Updated procedure registers for PQRs, method statements and repair procedures.
• Register of non-conformances, defects and punch items, with analysis report.
• Data book status registers, reported monthly on a milestone basis.
• Inspection rejection rate.

The quality plan must set out the team responsible for the contract.

• Organogram showing designations, roles, responsibilities and outputs for the scope of work.
• QA and QC functions identified, with the personnel responsible for managing activities and processes during execution or delivery.
• Responsibilities and qualifications of each team member, sufficient to perform the stated duties.
• Work verification identified: who carries out each task and who checks the work.
• Index of interfacing documents the team will work to: work instructions, processes, policies, procedures, industry standards, specifications and drawings applicable to the scope.

Quality plan content required

• Communication channels for quality-related issues: documentation, supplier representative details and contacts, meeting minutes, fixed contract meetings, weekly progress meetings and reporting.
• Organogram showing QA and QC roles, responsibilities and outputs.
• List of suppliers and sub-suppliers for scope-specific raw materials and outsourced services, with selection criteria.
• Monitoring of suppliers and contractors: inspection reports, surveillance or audit reports and schedules, inspection plans, and purchased material verification checklists or reports.
• Interface between sub-supplier and supplier quality management systems.
• Control and retention of records, using an indexed and cross-referenced filing system.
• Data book management, including review, acceptance and purchase orders for quality-critical items.
• Management of tools and equipment, including calibration, maintenance or test status.
• Product preservation process flow covering identification, handling, contamination control, packaging, storage, transportation and protection.

Quality plan standards

• Quality plans must follow the Guidelines for quality plans SANS 466:2005 Edition 1 and ISO 10005:2005 Edition 2.
• Customer property must be handled in line with the latest ISO 9001 requirements.

Template control

• Template identifier 240-43921804 Rev 5; document identifier 240-109253698 Rev 3.
• The downloaded copy is uncontrolled; the user must confirm it matches the authorised version on the document management system.
• The document may not be reproduced without the consent of Eskom Holdings SOC Ltd, Reg No 2002/015527/30.

Method statements and safe working procedures must be prepared for the scope of work.

• A method statement describes, in logical sequence, how a job is carried out safely and without risk to health and safety.
• It must include all risks identified in the risk assessment and the measures needed to control them, so the job can be properly planned and resourced.
• Method statements, safe working procedures and repair procedures must be submitted to Eskom during and at completion of the contract.

Post-delivery obligations to be described in the quality plan

• Warranty period and conditions.
• Customer satisfaction measurement.
• Technical support provided during commissioning and after delivery of the scope of work.
• Defect correction period and retention funds.
• Post-delivery activities must take statutory, regulatory and scope of work requirements into account.

Plan revision

• The quality plan is submitted at Rev 0 during tender evaluation and must be revised to Rev 1 after contract signature.

Pricing data (Part C2) for a five-year NEC3 Term Service Contract (TSC3) Option A covering refurbishment, repair, maintenance and supply of new HVAC chillers and chiller components at the auxiliary bay, Kendal Power Station.

• C2.1 Pricing assumptions: Option A (2 pages).
• C2.2 The Price List (6 pages).

Pricing submission

• Complete and return the Price List in Part C2.2 (TSC3 Option A) with rates and prices entered against every item the bidder intends to price.
• The contractor remains responsible for completing the pricing schedule as deemed appropriate for execution of the works.
• Items priced as lump sums are not adjusted if the actual quantity of work differs from the tender estimate; only a compensation event changes a lump sum price.
• Work the bidder chooses not to list separately must be priced into the rates or prices of other listed items so the tendered total covers the full service.
• The first clause 21.2 plan submitted must show operations that can be priced against the Price List and produce a satisfactory cash flow.
• The Price List is a pricing document only; instructions and method are governed by the Service Information, not the Price List.

Scope: refurbishment, repair, maintenance and supply of new HVAC chillers and chiller components at the auxiliary bay, Kendal Power Station, over five years (60 months).

Chiller units in scope

• Six HVAC plant units in the auxiliary bay, all model 30HXC175-A0641-PEE.
• Unit 1: 3 units; Unit 2: 2; Unit 3: 2; Unit 4: 2; Unit 5: 1; Unit 6: 2.

Work packages priced

• Inspection, strip and assessment of chillers and associated components (60-month refurbishment quantities as above).
• Supply and delivery of chiller components and spares, including refrigerant R134a (5 000 kg), SW 220 synthetic oil (1 500 litres), compressors, transducers, sensors, valve coils, oil pumps and filters, level detectors, expansion valves, filter drier cores, isolators, relays, circuit breakers, transformers, fuses, contactors, electronic boards, display units, service valves and 30XW Carrier spares.
• Removal and decommissioning of old chiller units, as and when required (estimated 20 units).
• Supply, delivery, installation and commissioning of complete chiller units, Units 1 to 6 (estimated 20 units).
• Maintenance of chillers during opportunity outages, as and when required (estimated 20 units).
• Labour: technician, unskilled labourer and rigger, normal hours, overtime and Saturday at 1.5, and Sunday/public holiday overtime at 2.
• Transport: LDV/bakkie, estimated 3 000 km per month.
• Health and safety items: medicals, safety file, PPE and safety training.

Pricing data for a five-year NEC3 TSC3 Option A contract for refurbishment, repair, maintenance and supply of HVAC chillers and components.

• Pricing assumptions cover how work is priced and assessed for payment, the function of the Price List, the link to the contractor's plan, and preparation and format of the Price List.
• Price schedules cover inspection and strip/assessment of chillers; supply and delivery of components and spares; removal and decommissioning of old chiller units; supply, delivery, installation and commissioning of complete chiller units; maintenance during opportunity outages; labour rates (normal, overtime, Sunday and public holidays); transport; and health and safety items (medicals, safety file, PPE and training).

Pricing basis

• NEC3 Term Service Contract (TSC3) Option A priced contract.
• Prices are the amounts in the Price column of the Price List; where a quantity is stated, the price is the quantity multiplied by the rate.
• Items may be priced as lump sums, as rates multiplied by expected quantities, or as a mix of both.
• Where payment is proportional to service duration, the unit of time goes in the Unit column and the expected duration in the Expected Quantity column.
• Prices must be inclusive of everything necessary and incidental to providing the service in line with the Service Information, including correcting defects not caused by an employer's risk.
• No adjustment to lump sum items if actual quantity differs from the tender estimate; only a compensation event changes a lump sum price.

Price List sections to be priced

• A: Inspection, strip and assessment of chillers and components.
• B: Supply and delivery of chiller components and spares.
• C: Removal/decommissioning of old chiller units.
• D: Supply, delivery, installation and commissioning of complete chiller units.
• E: Maintenance of chillers during opportunity outages.
• F: Labour rates (normal hours, overtime and Saturday at 1.5, Sunday and public holiday at 2).
• G: Transport (LDV/bakkie, km per month).
• H: Health and safety items, totalled per year and for five years.
• Subtotal excluding VAT, VAT at 15%, and total price are carried on the schedule.

Health and safety obligations priced and provided by the contractor

• Annual medical certificates for 6 persons where the existing certificate has expired.
• Health and safety file (1).
• Health and safety officer where more than 40 employees are on site.
• PPE for 12 persons: hard hats with strips hooked onto the hat, overalls, gloves, safety boots, hearing protection, safety goggles, safety harnesses with large hooks, dust masks, and a first aid box for every employee.
• Safety training: appointed operator ORHVS (8 days), appointed person PSR (10 days), responsible person ORHVS and PSR (18 days), authorised supervisor PSR (2.5 days); Eskom offers this training.

Health and safety items are priced in section H of the Price List, per year and for the five-year term.

• Medicals for 6 persons, only where the annual medical certificate has expired.
• Health and safety file (1).
• Safety training.
• Health and safety officer where more than 40 employees are on site.
• PPE for 12 persons: hard hats with strips hooked onto the hat, overalls, gloves, safety boots, hearing protection, safety goggles, safety harnesses with large hooks, dust masks.
• First aid box for every employee.
• Training offered by Eskom: appointed operator ORHVS (8 days), appointed person PSR (10 days), responsible person ORHVS and PSR (18 days), authorised supervisor PSR (2.5 days).
• Thermal suit, special underwear and flash suit are not priced items.

Fraud and corruption reporting

• Telephone: 0800 11 2722
• Email: [email protected]

Returnable document

• Annexure C (Tenderer's Particulars): must be completed and signed, giving the tendering structure, CIPC/trust registration, VAT number, CIDB registration and grading, contact details, addresses, Eskom vendor number, CSD supplier number and SARS e-filing PIN.
• Sub-contracting section of Annexure C: where sub-contracting is prescribed, state the intention to sub-contract, the percentage, the sub-contractor's identity, CSD number, B-BBEE level and designated group, and attach the signed intention to sub-contract plus proof of the sub-contractor's designated group status.
• Tax compliance evidence: SARS e-filing PIN, or a valid tax compliance certificate for bidders not registered on CSD (foreign suppliers), submitted by contract award stage.
• CSD registration: not required at bid submission, but registration on the National Treasury Central Supplier Database is mandatory before award.

Annexure C (Tenderer's Particulars) must be completed and signed. It captures:

• Tendering structure: individual, unincorporated joint venture, incorporated joint venture or other, with registration numbers for each JV member.
• Lead partner or member name where a joint venture is used.
• CIPC registration number or CIPC disclosure certificate (or trust number) for the bidder and each JV member.
• VAT registration number for the bidder and each JV member.
• CIDB registration number and contractor grading designation for the bidder and each JV member, plus the combined CIDB grading designation for joint ventures.
• Contact person, telephone number, email address, postal address and physical address, including for each JV member.
• Sub-contractor details where used: name, CIPC registration or disclosure certificate, VAT number, CIDB registration and grade, proposed scope of work, contact person, telephone, fax, email, postal and physical addresses.
• Eskom vendor registration number, if already registered.
• National Treasury CSD supplier registration number, if already registered.
• SARS e-filing PIN for tax compliance verification.
• Sub-contracting particulars: intention to sub-contract, percentage, sub-contractor identity, CSD registration and number, B-BBEE level, designated group category, signed intention to sub-contract and proof of designated group status.
• Signature block: tenderer name, authorised signatory's full names, signature, designation and capacity, and date.

CSD registration

• Registration on the National Treasury Central Supplier Database is not required when submitting the bid, but is mandatory before contract award.
• Bidders already registered must supply their CSD supplier number.

Tax compliance

• Provide the SARS e-filing PIN for verification of tax compliance status.
• Bidders not on CSD (foreign suppliers) or without a PIN must attach a current valid tax compliance certificate by contract award stage.

CIDB

• CIDB registration number and contractor grading designation must be given for each individual company and each JV member; joint ventures must also state the combined CIDB contractor grading designation.
• Where the Tender Data specifies a CIDB grade for a sub-contractor, that grade must be stated.

Eskom vendor registration

• Bidders already registered as Eskom vendors must provide their Eskom vendor registration number.

B-bbee

• Where sub-contracting is used, the sub-contractor's B-BBEE level must be confirmed and its designated group status declared (EME or QSE; 51% black owned; black youth; black women; black people with disabilities; black people in rural, underdeveloped or township areas; co-operative; military veterans; or more than one of these).
• Proof of the sub-contractor's designated group status must be attached.

Where sub-contracting is used, the sub-contractor's B-BBEE level must be confirmed.

The sub-contractor's designated group must be declared as one or more of:

• An EME or QSE.
• An EME or QSE at least 51% owned by black people.
• An EME or QSE at least 51% owned by black youth.
• An EME or QSE at least 51% owned by black women.
• An EME or QSE at least 51% owned by black people with disabilities.
• An EME or QSE 51% owned by black people living in rural or underdeveloped areas or townships.
• A co-operative at least 51% owned by black people.
• An EME or QSE at least 51% owned by black military veterans.
• More than one of the above categories.

Proof of the sub-contractor's designated group status must be attached.

CSD registration

• Not required at bid submission, but mandatory before contract award.
• Register online at the National Treasury website (www.treasury.gov.za).

Tax compliance

• Provide the SARS e-filing PIN so tax compliance status can be verified.
• Bidders not registered on CSD (foreign suppliers) or without a PIN must attach a current valid tax compliance certificate as a returnable by contract award stage.

CIDB

• CIDB registration and grading designation required for individual companies and each JV member; combined grading designation required for joint ventures.

Sub-contracting

• Where sub-contracting is prescribed, the intention to sub-contract, the percentage, the sub-contractor's details and the signed intention to sub-contract must be provided.

Closing: 28 October 2026 at 10:00

Note: The source document is Eskom's General Conditions of Purchase (effective 31 May 2024, review May 2029), not the tender-specific bid documentation. Tender-specific dates, briefing sessions, and submission methods are not contained in this document.

Fraud and ethics reporting

• Telephone: 0800 11 2722
• Email: [email protected]

Note: No SCM or technical enquiry contacts for this tender are contained in the source document.

Scope: Refurbishment, repairs, maintenance and supply of new HVAC chillers and chiller components at Kendal Power Station, Mpumalanga.

Duration: 5 years.

Note: The source document provided is Eskom's General Conditions of Purchase only. Detailed technical specifications, quantities, service levels, and delivery schedules are not contained in this document.