Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
Kusile Power Station Project - Balmoral - WITBANK - 1034
Organization Type
GOVERNMENT
Published
13 Nov 2026
OCDS Reference
ocds-9t57fa-178216
ESKOM requires a service provider to conduct safety, health and environmental (she) legal compliance audits for the kusile power station project, on behalf of the group capital division, for a five-month term contract. The contract is a nec3 professional services contract (option g – term contract), with work ordered through task orders on an ongoing basis. Bidders must complete the nec3 contract data and pricing schedules, and the most consequential consideration is the cost-reimbursable pricing structure with a 10% performance bond and r5 000 per day delay damages.
Closing date and time: 3 December 2026 at 08:00; submission method and address are not stated in the document.
Returnable documents: complete and return C1.1 Form of Offer & Acceptance, C1.2a and C1.2b Contract Data, C1.3 Securities proforma, C2.1 Pricing assumptions, and C2.2 Staff rates, expenses and task schedule; append CVs for key personnel.
Pricing: cost-reimbursable (Option G) – staff rates for time-based items plus lump sums for other items; only listed expenses (accommodation and travel per Eskom Travel Policy 32-1042) are claimable; staff rates fixed for first 12 months, then adjusted for inflation (15% non-adjustable constant).
Performance bond: 10% of contract price; delay damages R5 000 per day per task order; consultant's total liability limited to total of Prices; aggregate liability for penalties capped at 10% of offered total.
Security: all personnel accessing Eskom premises require criminal verification record security clearance certificates from a SAPS-accredited screening company, no older than 4 weeks, with updates every 26–52 weeks.
Insurance: maintain professional indemnity, public liability, and employer's liability insurance per Insurance Table A for 12 months after completion or termination.
Compliance: maintain B-BBEE status; report any change within 7 days and submit updated verification certificate within 30 days; comply with all applicable laws, health, safety, and environmental regulations; may be appointed as Principal Contractor under Construction Regulations.
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Date & Time
Thursday, 03 December 2026 - 10:00
Venue
Microsoft Teams
Important: Attendance at this briefing session is mandatory. Bids from suppliers who do not attend may be disqualified.
Categories
Request for Bid(Open-Tender)
Kusile Power Station Project - Balmoral - WITBANK - 1034
Tenders in this industry often require registration with these bodies.
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AI Document Analysis Stages
Description
Source: Annexure M - Scope of Work and TES.zip13 Nov
2026
Tender Published
Tender was published
03 Dec
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Annexure L - E-tendering Help Manual acknowledgement form.zip
Eskom's Group Capital Division requires a service provider to conduct safety and environmental legal compliance audits over a five-month period. The tender is advertised on Eskom's eTendering system, and bidders must be registered on the Central Supplier Database (CSD) and complete mandatory eTendering training.
Annexure M - Scope of Work and TES.zip
Eskom requires a service provider to conduct Safety, Environmental and Health legal compliance audits at Kusile Power Station Project, covering ISO 14001:2015 (Environmental Management System) and ISO 45001:2018 (Occupational Health and Safety Management System), for a period of five months. The audits must assess compliance with national, provincial and municipal legislation, and result in separate reports for environmental and OHS compliance, including follow-up and closure of non-conformances.
Annexure K - Tax Evaluation Questionnaire.zip
Eskom seeks a service provider to conduct safety and environmental legal compliance audits for its Group Capital Division over a five-month period. The tender is issued by Eskom in Mpumalanga, with a closing date of 3 December 2026 at 10:00.
Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf
Eskom Holdings SOC Ltd is procuring a Safety and Environmental Legal Compliance Audit Service Provider for its Group Capital Division for a period of five months. The successful bidder will conduct legal compliance audits in line with ISO 14001:2015 and ISO 45001:2018 standards, with a mandatory 70% functionality threshold and an 80/20 preference point system.
Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf
Eskom Group Capital Division requires a service provider to conduct safety and environmental legal compliance audits at Kusile Power Station for a five-month period. The contract is subject to the 80/20 preference point system and includes supplier development, localisation, and industrialisation obligations, including local recruitment targets.
Annexure Q - Quality.zip
Eskom requires a service provider to conduct safety and environmental legal compliance audits for the Group Capital Division over a five-month period. The contract is governed by Eskom's Supplier Quality Management specification (240-105658000), which mandates a documented quality management system aligned with ISO 9001, with Category 4 quality requirements applicable. Bidders must complete and sign Form A and submit a quality method statement, quality policy, quality objectives, and documented information on roles and external provider control.
Annexure N - NEC3 Professional Services Contract.pdf
Eskom requires a service provider to conduct Safety and Environmental (SHE) legal compliance audits for the Group Capital Division at the Kusile Power Station project. The contract is for a period of five months under the NEC3 Professional Services Contract (PSC3), using a cost-reimbursable (Option G) term contract structure. The provider will be engaged on a task-order basis, with each task order defining specific audit work.
Annexure P - SHE.zip
Eskom requires a service provider to conduct safety and environmental legal compliance audits for the Group Capital Division, specifically at Kusile Power Station, over a five-month period. The contract is governed by a detailed SHE specification (240-143052367 Rev 8) that sets out minimum legislative and organisational requirements, including compliance with the OHS Act, Construction Regulations, and Eskom's lifesaving rules.
Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx
Eskom requires a service provider to conduct Safety, Environmental and Health Management System (ISO 14001:2015 and ISO 45001:2018) legal compliance audits at the Kusile Power Station Project for a period of five months. The contract covers auditing resources and disbursements, with pricing submitted through a schedule of rates.
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R 1 350 330
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Eskom Kusile Power Station requires a service provider to conduct Safety, Health and Environment (SHE) legal compliance audits to meet ISO 14001:2015 and ISO 45001:2018 certification requirements. The audits cover all activities and facilities under the Kusile Power Station Project. The service provider must compile two separate reports: one for Environmental Management (EM) and one for Occupational Health and Safety (OHS). The work is required because Eskom lacks internal capacity and competence to perform these audits.
Important Dates
Source: Annexure M - Scope of Work and TES.zip (unknown)Closing date: 3 December 2026 at 08:00 (per tender record).
No briefing session or site visit is stated in the document.
Submission Guidelines
Source: Annexure M - Scope of Work and TES.zip (unknown)Returnable documents: Refer to the Technical Tender Returnable and Employer's Information. The proposal must include proof of the lead auditor's SAATCA registration. The technical evaluation is weighted at 100% of the overall requirements, with a threshold of 70%.
Evaluation Criteria
Source: Annexure M - Scope of Work and TES.zip (unknown)Technical evaluation (threshold 70%):
Technical Specifications
Source: Annexure M - Scope of Work and TES.zip (unknown)Scope: Conduct ISO 14001:2015 and ISO 45001:2018 legal compliance audits at Kusile Power Station Project to support retention of certification.
Deliverables:
Delivery location: Eskom Kusile Power Station Project, Farm Hartbeesfontein and Klipfontein JR, Witbank area, Mpumalanga Province.
Duration: 5 months, with 3–4 days on site including site inspections.
Compliance Requirements
Source: Annexure M - Scope of Work and TES.zip (unknown)B-BBEE Minimum Level: 8.
Proof of experience, appointment letters, competency certificates, CVs and relevant certificates for appointed persons.
Compliance with the Kusile SHE Specification and all applicable legal requirements (OHS Act, NEMA, etc.).
Section
Source: Annexure M - Scope of Work and TES.zipAdditional evaluation criteria from the SHE Specification: Contractor SHE performance evaluation compliance, internal audits, third-party legal compliance verification audits, and site inspections by contractors' management are required. The contractor must comply with the Kusile SHE Specification and all applicable legal requirements.
Description
Source: Annexure L - E-tendering Help Manual acknowledgement form.zipThe document is an annexure and help manual for the Eskom eTendering system. It explains how suppliers register and upload tender documents electronically, replacing physical submission. It does not describe the safety and environmental legal compliance audit service itself.
Submission Guidelines
Source: Annexure L - E-tendering Help Manual acknowledgement form.zip (unknown)Submission method: electronic upload via the Eskom eTendering system at https://eTendering.eskom.co.za. Bidders must register on the system (CSD number required) and verify their email and cellphone via OTP. Upload each document under the correct category (technical, commercial, finance, etc.). Individual file size limit: 50MB; total upload limit: 900MB. Finalise the submission by clicking 'Finalize Submission' and then 'Finalise and Close Submission'. After finalisation, an email confirmation with the submission ID is sent — keep it for reference.
Mandatory returnable:
Evaluation Criteria
Source: Annexure L - E-tendering Help Manual acknowledgement form.zip (unknown)No evaluation criteria are stated in the provided document. The document focuses on the eTendering submission process and the mandatory training acknowledgement form.
Technical Specifications
Source: Annexure L - E-tendering Help Manual acknowledgement form.zip (unknown)The document is an annexure and help manual for the Eskom eTendering system. It does not describe the scope of the safety and environmental legal compliance audit service. No technical specifications for the audit are provided.
Compliance Requirements
Source: Annexure L - E-tendering Help Manual acknowledgement form.zip (unknown)Bidders must be registered on the Central Supplier Database (CSD) to access the eTendering system. Bidders must complete and submit the eTendering Training Acknowledgement Form (Annexure L) as a mandatory returnable; failure to fully complete and submit it within the prescribed period will result in disqualification. Bidders must have a valid email address and cellphone number for OTP verification during registration and login.
Description
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsxThe tender is for a Safety, Environmental and Health Management System (ISO 14001:2015 and ISO 45001:2018) legal compliance audit service provider for the Group Capital Division, specifically at Kusile Power Station. The contract runs for five months.
Submission Guidelines
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx (unknown)Returnable documents:
Submission method: The tender is an open Request for Bid. The document does not state a specific submission channel, address, or number of copies.
Evaluation Criteria
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx (unknown)No evaluation criteria are stated in the document. The tender is priced on a Bill of Quantities basis. No preference point system (80/20 or 90/10) or minimum qualifying score is mentioned.
Technical Specifications
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx (unknown)Scope: Provision of Safety, Environmental and Health Management System (ISO 14001:2015 & ISO 45001:2018) legal compliance audit services at Kusile Power Station Project.
Resources required (Bill of Quantities):
Contract period: five (5) months (from tender title).
Financial Requirements
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx (unknown)Pricing format: Bill of Quantities (BOQ) with rates per hour and a lump sum for disbursements. The total price must be stated in ZAR excluding VAT on the Tender Cover Sheet.
All direct and indirect costs, overheads, profits, on-costs, risks, liabilities and obligations must be included in the prices.
Payment will be based on activities and/or milestones completed as indicated in the Price Schedule / Bill of Quantities.
Compliance Requirements
Source: Annexure O - SHE Legal Compliance Audit Services - BOQ.xlsx (unknown)No specific compliance requirements (CSD, tax, B-BBEE, CIDB, etc.) are stated in the document.
Description
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdfSafety and Environmental Legal Compliance Audit Service Provider for Group Capital Division, for a period of five (5) months.
Important Dates
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)Closing date: 3 December 2026 at 08:00 (from tender record).
No other dates stated in the document.
Contact Information
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)Buyer: Martha Masemula
SDL&I contact: Davis Mposi, Senior Advisor: SDL&I, Group Capital Division (GCD)
Business unit: Kusile Power Station, Group Capital Division
Submission Guidelines
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)Returnable documents:
Disqualification risks:
Evaluation Criteria
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)Preference point system: 80/20 (PPPFA).
B-BBEE points (80/20 system):
Specific goals: B-BBEE points claimed via submitted documentation.
Objective criteria: May change award from highest ranked tenderer per PPPFA clause 2(1)(f).
Designated sectors: Not applicable (commodity not designated).
Technical Specifications
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)Scope: Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division.
Duration: 5 months.
Location: Kusile Power Station, Group Capital Division (Mpumalanga).
Compliance Requirements
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdf (unknown)B-bbee:
SDL&I obligations:
Section
Source: Annexure R - SDLI STRATEGY- Safety and Environmental Legal Compliance Audit Service Provider for Group Capital Division for a period of five (5) Months..pdfContractual requirements (Section 3) are not evaluation criteria; they are assessed after evaluation and ranking. Preference point scoring uses the 80/20 system. Bidders failing to submit B-BBEE documentation may score only out of 90/80 for price and zero for specific goals. Objective criteria may change award from highest ranked tenderer per PPPFA clause 2(1)(f).
Important Dates
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Closing date: 03 December 2026 at 10h00
Clarification meeting: 20 November 2026 at 10h00, via Microsoft Teams (non-compulsory, but attendance required if the tender states mandatory; here it is non-compulsory).
Clarification queries deadline: 5 working days before the tender closing date.
Tender validity period: 120 days from closing date and time.
Contact Information
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Eskom Representative (SCM contact):
Fraud and corruption reporting:
Submission: via Eskom E-Tendering site (no physical address provided).
Submission Guidelines
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Submission method: electronic only via the Eskom E-Tendering site (Eskom Tender Bulletin). No hard copies accepted; no zipped files.
Returnable forms (must be completed, signed where required, and submitted by closing time unless noted):
Disqualification risks:
Evaluation Criteria
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Evaluation stages:
Ranking: total score = price points + specific goals points; highest total ranked first.
Contractual requirements (CSD, OHS, quality, SDL&I) are assessed after ranking, before award. Failure to meet them may render the bidder non-responsive.
Technical Specifications
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Scope: Provision of Safety and Environmental Legal Compliance Audit services for Eskom's Group Capital Division for a period of five (5) months.
Key requirements:
Contractual requirements (assessed after ranking):
Financial Requirements
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Pricing schedule (Annexure O) must be completed and submitted in PDF and Excel format.
Payment terms:
Security for performance: Not applicable.
Due diligence: Successful bidder must submit latest approved annual financial statements (no drafts or management accounts) of the tendering company (not parent), including signed director's report, auditor's/reviewer's/compiler's report, statement of financial position, comprehensive income, changes in equity, cash flows, and notes. For unincorporated JVs or SPVs, each partner must submit its own statements. South African entities not audited must also provide signed public interest score and ITA34C for current and previous years.
Compliance Requirements
Source: Invitation to Tender (ITT) SHE Legal Compliance Audit.pdf (TENDER)Mandatory at closing (disqualifiable if missing):
Required for specific goals (B-BBEE) – non-submission results in zero points, not disqualification:
Contractual requirements (assessed after ranking, before award):
CIDB grading: Not applicable.
Local production/content (SBD 6.2): Not applicable (no designated materials).
Description
Source: Annexure Q - Quality.zipThe document is Eskom's Supplier Quality Management specification (240-105658000 / QM 58), which sets minimum quality requirements for all existing and potential Eskom suppliers. It defines the quality criteria for evaluation, selection, registration, assessment, performance monitoring, and auditing of suppliers. The specification applies to all Eskom divisions, subsidiaries, suppliers, and sub-suppliers, and forms part of all Eskom RFIs, RFQs, RFPs, and contracts. The specification is controlled disclosure and is authorised by Eskom Holdings SOC Ltd.
Important Dates
Source: Annexure Q - Quality.zip (unknown)Closing date: 01 July 2026 (as stated in the document; note the tender record lists 03 December 2026 — the document date is preferred).
No briefing or site visit dates are stated.
Contact Information
Source: Annexure Q - Quality.zip (unknown)Eskom Quality Representative (Form A signatory):
No email, telephone, or submission address are stated in the provided document.
Submission Guidelines
Source: Annexure Q - Quality.zip (unknown)Returnable documents — must be completed, signed and submitted with the bid:
Evaluation Criteria
Source: Annexure Q - Quality.zip (unknown)Evaluation is based on the quality requirements set out in the Supplier Quality Management specification (240-105658000 / QM 58).
Technical Specifications
Source: Annexure Q - Quality.zip (unknown)The specification (240-105658000 / QM 58) sets minimum quality requirements for all Eskom suppliers and sub-suppliers.
Compliance Requirements
Source: Annexure Q - Quality.zip (unknown)No specific B-BBEE level, CIDB grading, or financial thresholds are stated in the provided document.
Section
Source: Annexure Q - Quality.zipThe quality requirements for this tender are classified into categories; the applicable category for this tender is Category 4. For Category 4, the following deliverables are evaluated (each scored as 1 or 0):
The evaluation also references the Tender Evaluation Scorecard (240-168873697) and the Guideline for QM 58 Selection Criteria (240-125473040).
Description
Source: Annexure P - SHE.zipThe document is the Kusile SHE Specification (identifier 240-143052367, revision 08), applicable to Eskom Holdings SOC Ltd, functional area Safety, Health, and Environment. It sets out minimum legislative and organisational requirements for works at Kusile Power Station. It applies to all Principal Contractors, Contractors, Service Providers, Suppliers, and all activities and processes for and on behalf of the Kusile Power Station Project. The specification is effective from date of authorisation or contractor award.
Important Dates
Source: Annexure P - SHE.zip (unknown)No briefing session or site visit dates are stated in the document.
Submission Guidelines
Source: Annexure P - SHE.zip (unknown)Returnable documents:
Disqualification risks:
Evaluation Criteria
Source: Annexure P - SHE.zip (unknown)Evaluation is based on compliance with the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and its Regulations, and the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993).
Bidders must demonstrate a documented contractor and supplier selection process and ensure compliance with Eskom OHS requirements.
The SHE Plan must be approved before work starts.
Contractual penalties will be enforced for non-compliance with statutory or Eskom OHS requirements.
Technical Specifications
Source: Annexure P - SHE.zip (unknown)Scope: Provision of safety and environmental legal compliance audit services for the Group Capital Division at Kusile Power Station, for a period of five (5) months.
The contractor must comply with the Kusile SHE Specification (document identifier 240-143052367, revision 08), which sets out minimum legislative and organisational requirements for works at Kusile Power Station.
The specification applies to all Principal Contractors, Contractors, Service Providers, Suppliers, and all activities and processes carried out for and on behalf of the Kusile Power Station Project.
The contractor must develop and implement a SHE Plan that meets the requirements of the SHE Specification and all applicable legislation.
The contractor must comply with the Employer's Lifesaving Rules, including: open, isolate, test, earth, and create an equipotential zone before touch; hook up at height; buckle up; be sober; ensure you have a permit to work; ensure safe live working; no reversing without a flagman/spotter.
The contractor must maintain an up-to-date SHE file on site, available for audits and inspection.
The contractor must comply with all applicable legislation, standards, policies, procedures, and other requirements relevant to services rendered to Eskom, including the OHS Act and COIDA.
The contractor must ensure all employees undergo relevant Eskom induction and company induction.
The contractor must notify Eskom prior to appointing any contractor or supplier and before commencement of work.
The contractor must implement a programme of audits and assessments to verify contractor and supplier compliance with OHS requirements.
The contractor must manage all non-conformances and non-compliances of contractors and suppliers (all tiers) in accordance with agreed performance and penalty mechanisms.
Compliance Requirements
Source: Annexure P - SHE.zip (unknown)Compliance with the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and its Regulations.
Compliance with the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), as amended.
Compliance with all applicable South African National Standards (SANS) incorporated in Section 44 of the OHS Act.
Compliance with Eskom policies, procedures, standards, and other requirements.
Appointment of competent persons as per OHS Act requirements, including Construction Manager, Construction Supervisor, Assistant Construction Supervisor, Construction Health and Safety Officer, Risk Assessor, and others as applicable.
Minimum ratio of 1 Construction Health and Safety Officer to 50 employees, unless otherwise approved.
Full-time Safety Officers and Managers must hold SACPCMP safety professional registration.
The contractor must provide a documented contractor and supplier selection process.
The contractor must sign the Eskom Acknowledgement Form for OHS legal and other requirements (Annexure B).
Section
Source: Annexure P - SHE.zipContractor SHE performance is evaluated for compliance. The contractor's SHE Plan must be approved and compliant. Internal audits, third-party legal compliance verification audits, and site inspections by contractors' management are required. The contractor must comply with the Kusile Safety, Health, Environment and Quality Statement of Commitment.
Important Dates
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Closing date: 3 December 2026 at 08:00.
Starting date: upon signing of the contract.
Completion date: 5 months after the starting date.
Defects date: 52 weeks after completion of the whole of the services.
End of liability date: one year after completion of the whole of the services/task order.
No briefing or site visit dates are stated.
Contact Information
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Employer: Eskom Holdings SOC Ltd
Address: Eskom Holdings Soc Ltd, R545 Kendal/Balmoral Rd, Haartebeesfontein Farm, Witbank, Postnet Suite 46, Emalahleni, 1035, South Africa
Telephone: (036) 342 3025
Fax: 086 446 4071
No named contact person or email is provided in the document.
Submission Guidelines
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Returnable documents:
Submission method: not stated in the provided document.
Closing time: 08:00 on 3 December 2026 (from tender record).
Evaluation Criteria
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Evaluation criteria are not detailed in the provided document. The contract is a NEC3 Professional Services Contract (Option G – Term contract). The department manager will sign off on evaluation reports. Eskom reserves the right to make its own assessment. No minimum qualifying score or preference point system (80/20 or 90/10) is stated in the provided text.
Technical Specifications
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Provision of SHE (Safety, Health and Environmental) Legal Compliance Audit services for the Kusile Power Station Project, on behalf of Eskom's Group Capital Division (GCD).
The contract is a term contract (Option G) – work is ordered by task orders on an ongoing basis.
A Risk Register must be compiled prior to the commencement of each task order, covering matters such as unavailability of key people, skill gaps, high turnover, delays in mobilising staff, personnel changes, industrial action, health and safety incidents, and personnel non-compliance.
The consultant must submit a first programme within 2 weeks of receipt of a task order, and revised programmes at intervals no longer than 1 week.
The consultant must prepare forecasts of total time charge and expenses at intervals no longer than 4 weeks.
Key dates (conditions to be met):
Experience & Qualifications
Source: Annexure N - NEC3 Professional Services Contract.pdfKey personnel must have relevant tertiary qualifications and professional registration where applicable (e.g., SACNASP, EAPASA).
Experience ranges for each staff category:
Staff categories:
CVs for key personnel must be provided before appointment and appended to the tender schedule.
Quality Management
Source: Annexure N - NEC3 Professional Services Contract.pdfQuality policy statement and quality plan must be provided within 1 week of the Contract Date.
The consultant must comply with the Employer's quality requirements as per the contract.
No specific quality certifications (e.g., ISO) are stated in the provided document.
Pricing Schedule
Source: Annexure N - NEC3 Professional Services Contract.pdfPricing is cost reimbursable (Option G – Term contract).
Prices are the Time Charge for time-based items plus lump sum prices for other items on the Task Schedule.
Staff rates are claimed at an hourly rate, based on 8 hours/day, 5 days/week, 4 weeks/month (160 hours/month).
Overtime rates: 1.5 times standard rate for approved after-hours work; 2 times standard rate for approved weekend and public holiday work.
Staff rates are fixed for the first 12 months; thereafter adjusted for inflation using indices (15% non-adjustable constant).
Expenses are claimed separately, but only those listed in the Contract Data may be claimed; all other costs must be included in staff rates.
The Task Schedule includes items priced on a time basis or lump sum; work not priced is priced via compensation event procedure.
The Task Schedule must be as complete as possible and fully representative of all work and services.
Payment assessment interval: between the 24th and 25th day of each month.
Payment period: 8 weeks.
Interest on late payments: ZARONIA rate (for ZAR).
Expenses: accommodation and travel reimbursements per Eskom Travel Policy 32-1042.
Financial Requirements
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Pricing is cost reimbursable (Option G – Term contract).
Prices are the Time Charge for time-based items plus lump sum prices for other items on the Task Schedule.
Expenses are claimed separately, but only those listed in the Contract Data may be claimed; all other costs must be included in staff rates.
Staff rates are fixed for the first 12 months; thereafter adjusted for inflation using indices (15% non-adjustable constant).
Overtime rates: 1.5 times standard rate for approved after-hours work; 2 times standard rate for approved weekend and public holiday work.
Resources are claimed at an hourly rate, based on 8 hours/day, 5 days/week, 4 weeks/month (160 hours/month).
Payment assessment interval: between the 24th and 25th day of each month.
Payment period: 8 weeks.
Interest on late payments: ZARONIA rate (for ZAR).
Performance bond: 10% of contract price.
Delay damages: R5 000 per day per task order.
Consultant's total liability limited to the total of the Prices.
Liability for indirect or consequential loss: R0.00.
Employer's liability for indirect or consequential loss: R0.00.
Aggregate liability for penalties and termination: 10% of the offered total of the Prices.
Expenses: accommodation and travel reimbursements per Eskom Travel Policy 32-1042.
Compliance Requirements
Source: Annexure N - NEC3 Professional Services Contract.pdf (unknown)Bidders must be registered on the CSD (Central Supplier Database) and have a valid tax clearance (SARS Tax Compliance Status).
B-BBEE status must be maintained; any change must be reported to the Employer within 7 days, and an updated verification certificate submitted within 30 days. A decrease in B-BBEE status may lead to renegotiation or termination.
The consultant must provide criminal verification record security clearance certificates for all personnel accessing Eskom premises, issued by a SAPS-accredited screening company, no older than 4 weeks, and valid for the duration of access. Updated certificates may be required every 26 to 52 weeks.
Insurance requirements: the consultant must maintain professional indemnity, public liability, and employer's liability insurance as per Insurance Table A, for 12 months after completion or termination.
The consultant must comply with all applicable laws, including health, safety, and environmental regulations.
The consultant may be appointed as Principal Contractor under the Construction Regulations.
No CIDB grading or specific professional registrations are stated as mandatory, but key personnel should have relevant tertiary qualifications and professional registration where applicable (e.g., SACNASP, EAPASA).
Health & Safety
Source: Annexure N - NEC3 Professional Services Contract.pdfThe consultant must comply with all applicable health and safety laws and regulations.
The consultant must take reasonable precautions to ensure health and safety of persons and protect the environment.
The consultant may not commence services until its Health and Safety file is approved by the professional construction health and safety agent.
The Employer may appoint the consultant as Principal Contractor under the Construction Regulations.
Asbestos: The Employer ensures ambient air conforms to OEL (0.2 fibres/ml as 4-hour TWA; short-term 0.6 fibres/ml as 10-minute TWA). Consultant's personnel may stop work and leave contaminated area until declared safe.
Criminal verification certificates required for all personnel accessing Eskom premises.
Insurance: professional indemnity, public liability, employer's liability required.
Environmental
Source: Annexure N - NEC3 Professional Services Contract.pdfThe consultant must comply with all environmental laws and regulations.
The consultant must take precautions to protect the environment.
Asbestos management: Employer manages asbestos per its Asbestos Standard 32-303; removal/disposal by registered asbestos contractor at Employer's expense.
Environmental liability insurance is provided by the Employer (per policy document).
Contractual Terms
Source: Annexure N - NEC3 Professional Services Contract.pdfContract type: NEC3 Professional Services Contract (PSC3), Option G – Term contract.
Dispute resolution: Option W1 – Adjudicator selected from ICE-SA panel; if not agreed, appointed by AFSA. Arbitration in Johannesburg under Association of Arbitrators (Southern Africa) rules.
Secondary options: X1 (price adjustment for inflation), X2 (changes in law), X7 (delay damages), X9 (transfer of rights), X10 (Employer's Agent), X11 (termination by Employer), X13 (performance bond), X18 (limitation of liability), X20 (Key Performance Indicators), Z1–Z22 (additional conditions).
Termination: Employer may terminate for various reasons, including prohibited actions (corrupt, fraudulent, collusive, coercive, obstructive).
Confidentiality: Consultant must not disclose information; images of project works require prior written consent.
Cession, delegation, assignment: not allowed without written consent.
Joint ventures: members jointly and severally liable; composition cannot change without consent.
B-BBEE status change: must notify within 7 days, submit updated certificate within 30 days; decrease may lead to renegotiation or termination.
Ethics: Prohibited actions (corrupt, fraudulent, collusive, coercive, obstructive) may lead to termination.
Insurance: Consultant must maintain professional indemnity, public liability, and employer's liability insurance for 12 months after completion or termination. Employer provides various insurances (assets all risk, contract works, environmental liability, etc.).
Nuclear liability: Employer indemnifies consultant against nuclear damage (Koeberg), except for unlawful intent or unauthorised presence.
Asbestos: Employer ensures ambient air conforms to OEL (0.2 fibres/ml as 4-hour TWA; short-term 0.6 fibres/ml as 10-minute TWA). Consultant may stop work if asbestos is identified until area declared safe. Removal/disposal by registered asbestos contractor at Employer's expense.
Security clearance: Criminal verification certificates required for all personnel; Employer may refuse access at its discretion.
Health, safety, environmental: Consultant must comply with all laws and regulations; may not commence services until Health and Safety file approved; may be appointed as Principal Contractor.
Tax invoices: Must include Employer's VAT number 4740101508; late invoice submission extends payment period.
Vendor Management System: Consultant must comply with Eskom's VMS; non-compliance may delay payment without interest.
Delay damages: R5 000 per day per task order; if limits reached, Employer may terminate.
Aggregate liability for penalties: 10% of offered total of Prices.
Limitation of liability: Consultant's total liability limited to total of Prices; indirect/consequential loss limited to R0.00.
End of liability date: one year after completion.
Defects date: 52 weeks after completion.
Retention period: 1 year following completion or earlier termination.
Period for reply: 48 hours.
Law of contract: South African law. Language: English.
Section
Source: Annexure N - NEC3 Professional Services Contract.pdfThe department manager will sign off on evaluation reports. Eskom reserves the right to make its own assessment. No further evaluation criteria are stated in the provided document.
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Address
Kusile Power Station Project - Balmoral - WITBANK - 1034
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
9
Last checked
14 Nov 2026
AI status
Enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
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