E-waste disposal agreement for ESKOM – KZN & majuba tender (RFB)

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

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

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

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

further evaluation.

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

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

the evaluation Price.

but will score zero under PPPFA point allocation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supply Chain

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

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

Invitation to Tender documents.

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

Representative only, in w

of a tenderer.

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

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

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

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

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

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

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

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

the closing date and time for submission.

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

results in a permanent record.

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

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

insurance.

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

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

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

submission.

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

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

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

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

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

and base date as stipulated in the Invitation to tender.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

contract award

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

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

further evaluation.

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

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

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

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

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

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

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

award.

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

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

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

the evaluation Price.

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

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

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

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

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

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

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

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

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

corrected prices.

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

as follows: -

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

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

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

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

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

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

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

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

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

tendered total of the prices.

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

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

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

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

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

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

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

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

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

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

CSD report or as per certificate/affidavit provided

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

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

B-BBEE Details: kom Representative and

Agreement to sign the contract documents.

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

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

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

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

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

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

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

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

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

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

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

requirements tender.

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

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

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

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

tenders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

requirements tender.

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

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

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

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

tenders.

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

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

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

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

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

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

contract award

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

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

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

Government Gazette No. April 2023)

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

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

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

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

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

contract.

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

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

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

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

enterprises as established in the aforesaid standard applies to:

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

classes of construction works;

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

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

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

construction works:

Civil Engineering (CE)

Electrical Engineering Work (EB)

) General Building Works (GB)

) Mechanical Engineering (ME)

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

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

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

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

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

years and may even be sentenced to jail.

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

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

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

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

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

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

responses to clarifications.

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

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

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

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

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

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

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

in the Tender Data.

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

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

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

award.

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

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

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

connection with the Invitation to Tender.

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

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

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

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

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

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

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

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

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

in its tender, the prices will not be considered.

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

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

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

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

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

documents take account of:

 Addenda issued during the tender period;

 inclusion of returnables stipulated in the Invitation to Tender;

 inclusion of changes agreed in contract negotiations; and

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

tenderer during negotiations,

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

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

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

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

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

participating in the tender process at any point.

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

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

240-62044728 Rev 12 Eskom Standard Identifier

Conditions of Tender Effective Date 01 February 2025

Review Date January 2030

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

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

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

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

representations, warranties or statements.

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

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

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

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

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

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

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

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

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

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

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

is deemed to have concluded without an award.

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

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

documents in response to this Invitation to Tender.

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

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

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

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

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

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

compulsory will result in disqualification from participation.

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

correction of errors as required above.

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

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

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

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

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

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

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

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

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

then the tender will be disqualified.

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

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

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

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

but will score zero under PPPFA point allocation.

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