Supply and delivery of gaskets, pressure seals, o'rings and packing for outages at duvha power station (e3782gxmwpduv)

This document is a security briefing note from Eskom Generation Division, not the tender specification. It establishes that all Generation power stations are designated as National Key Points, and that contractor employees must undergo criminal background screening before being granted access to site. The screening process applies to all contractor and subcontractor employees and is a mandatory condition of the tender/contract. Responsibilities are assigned to procurement managers, project managers, and security managers, but the document does not describe the goods to be procured (gaskets, pressure seals, O'rings, packing, etc.).

The document does not specify a closing date, briefing session, or site visit. The only date mentioned is the briefing note revision date (1 March 2024), which is not a tender deadline.

Contact: Rhulani Mathebula

Role: Group Executive: Generation Division (Acting)

Telephone: 011 800 5228

Returnable documents:

• A clear criminal record, not older than 30 days, from a reputable screening company, for the contracting company's management and each employee. Must be submitted to Security for verification before access to site is granted.
• Proof of criminal clearance verification from SAPS Criminal Record Centre or an accredited supplier linked to the SAPS AFIS system. Include a copy of the employee's Identity Document or Passport.

Disqualification risks:

• Failure to provide clear criminal records or comply with the screening process may lead to termination of the contract.

Criminal clearance is a mandatory condition for contract award and site access.

• Only individuals with clear criminal records will be considered; any risk rating above level III is deemed unsuitable.
• Individuals previously found guilty of offences under the National Road Traffic Act or who have paid admission of guilt fines are exempted and may access site.
• Screening is repeated every 12 months for low-risk employees (risk rating 5, 4) and every 6 months for medium to high-risk employees (risk rating 3).

No technical specifications for the supply of gaskets, pressure seals, O'rings, packing or other commodities are provided in this document. The document only covers criminal clearance/screening requirements for contractors accessing power stations.

Criminal clearance:

• The contracting company's management and each employee must provide a clear criminal record not older than 30 days from a reputable screening company, and verification through SAPS Criminal Record Centre (CRC) or an accredited supplier linked to the SAPS AFIS system.
• A risk analysis of each employee profile must be completed; any risk rating above level III is deemed unsuitable.
• This requirement applies equally to subcontractors appointed by the principal contractor.

Relevant legislation:

• Minimum Information Security Standards (MISS), 1996
• National Key Point Act
• National Strategic Intelligence Act
• Protection of Critical Infrastructure Act

No specific health and safety requirements are described beyond the security screening obligations. The document mentions 'security of our people and assets' but provides no OHS plan, certification, or compliance details.

Mandatory returnable document

• E-Tendering Training Acknowledgement Form (Annexure): must be fully completed, signed and returned to Eskom within the prescribed period.
• The form confirms the bidder has completed self-training on Eskom's e-Tendering solution (Noddy Guide, training video or clarification meeting) and is able to operate it.
• Bidder details to be captured on the form: enquiry number, business name or joint venture, contact person, landline, cellphone, email address, authorised signature, designation and date.

Disqualification risk

• A form that is not fully completed, or that is submitted outside the prescribed period, makes the bid non-responsive and disqualifies the bidder from the procurement process.

Responsiveness check

• The fully completed E-Tendering Training Acknowledgement Form must be submitted within the prescribed period.
• Failure to complete and submit the form renders the bid non-responsive and disqualifies the bidder from the procurement process.

E-Tendering compliance

• Bidders must complete and submit the mandatory E-Tendering Training Acknowledgement Form, confirming self-training on Eskom's e-Tendering solution.
• The form is a mandatory returnable required before e-Tendering; an incomplete form disqualifies the bidder.

Closing date: 5 November 2026 at 08:00 (from tender record)

No submission details available. The only instruction present is a single line naming the returnable documents list.

The document is an annex specifically titled 'Local Content Declaration - Summary Schedule'. This suggests bidders may be required to declare local production and content levels, but no specific thresholds or percentages are provided in the available text.

Scope

• Supply and delivery of various gaskets, pressure seals, O'Rings, packing and other commodities for outages at Duvha Power Station, for Eskom Holdings SOC Ltd.
• The Invitation to Tender is issued free of charge as an open tender.
• The tender may be split depending on prices.
• Alternative tenders are allowed, limited to a different payment method or a different combination of clauses from the NEC Supply Contract, subject to Eskom's acceptance.
• The Eskom Standard Conditions of Tender apply and are available at www.eskom.co.za; the Tender Data takes precedence over the Standard Conditions in the event of ambiguity or inconsistency.
• The conditions of contract are the NEC3 Supply Contract (SC).

Closing

• 05 November 2026 at 10:00.

Issue date

• 30 October 2026.

Clarification queries

• Must reach the Eskom Representative 2 working days before the tender submission deadline.

Tender validity

• 180 days from the closing date and time.

Briefing or site visit

• Not applicable; no clarification meeting is held.

Tender opening

• No public opening; tenders are downloaded electronically and prices are not read out.

Eskom Representative

• Name: Sibongile Masilela
• Telephone: +27 13 690 0212
• Email: [email protected]

Procurement Manager

• Name: Mandla Mkhonza

Fraud and corruption reporting

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

Submission

• Method: electronic upload via the Eskom E-tendering site on the Eskom Tender Bulletin and National Treasury e-Portal.

Service delivery

• Duvha Power Station
• Mpumalanga

Submission method

• Electronic submission only, via the Eskom E-tendering site on the Eskom Tender Bulletin and National Treasury e-Portal.
• Upload documents under the folders Technical, Commercial, Financial and Other.
• All documents, including the price list, must be in PDF format.
• Upload limits: 500 MB per document; 4 GB total per submission.
• No zipped or compressed files; no hard copies accepted.
• The submission status must be indicated as complete.
• If a tender is resubmitted, only the latest version is accepted and all earlier submissions are void.
• Late tenders are not accepted.

Closing

• 05 November 2026 at 10:00.

Clarification queries

• Submit in writing to the Eskom Representative.
• Deadline for clarification queries: 2 working days before the tender submission deadline.
• No query may be directed to any Eskom official other than the Eskom Representative.

Returnables required at closing (disqualifiable if incomplete, unsigned or missing)

• Annexure A: Authorisation Form — authorises the signatory to bind the bidder.
• Annexure B: Acknowledgement Form.
• Annexure C: Tenderer's Particulars.
• Annexure D: Integrity Declaration Form — acceptance of the Eskom Supplier Integrity Pact.
• Annexure G1 to G4: SBD 6.2 Declaration Certificate for Local Production and Local Content, with the local content summary, imported content and local content supporting schedules.
• Annexure H: SBD 1 Invitation to Bid — required from all tenderers, including foreign suppliers.
• Annexure J: SBD 4 Bidders Disclosure — discloses whether any director or shareholder is employed by the state or connected to anyone at Eskom.
• E-tendering Help Manual acknowledgement form.
• Completed NEC contract and price list.
• Completed pricing schedule, if not already contained in the contract.
• Basic compliance: electronic copy of the tender and price list in PDF.

Returnables required at closing for evaluation (no disqualification, but zero score if missing)

• Annexure I: SBD 6.1 Preference Points Claim Form under the PPPFA 2022 regulations.
• Evidence supporting specific goals claims.

Joint venture submissions

• Letter of intent to form a JV, or a valid JV agreement confirming each partner's rights, obligations and profit-sharing ratios.
• Written confirmation that the JV will operate as a single business entity for the contract duration.
• Confirmation of a single designated bank account in the JV's name, independent of the individual partners.

Disqualification risks

• Failure to upload the tender documents on the e-tendering system renders the tender non-responsive.
• Any disqualifiable returnable not fully completed, signed or submitted by closing.
• Non-disqualifiable returnables not corrected within 5 working days of a written request.
• Tenders received after the closing time.

Evaluation stages

1. Eligibility and basic compliance: meet the eligibility criteria, submit a complete tender with commercial, financial and technical information, and submit the mandatory commercial returnables by the stipulated deadlines.
2. Mandatory technical criteria: data sheets for the specified gaskets must be submitted; failure to submit the mandatory documents or complete information renders the tender non-responsive.
3. Functionality (Phase 1 qualitative technical evaluation): a minimum of 70% must be achieved to proceed.
4. Price and specific goals: scored on an 80/20 or 90/10 preference point system.
5. Contractual requirements: assessed after evaluation and ranking, before contract award.

Functionality scoring (total 100%)

• Letter stating where the gaskets will be manufactured, with at least 60% manufactured locally (applies to gaskets and packing): 30%.
• ISO 3834-2 welding certification certificate from the company manufacturing the spiral wound gaskets: 40%.
• Manufacturer's gasket testing procedure or philosophy, showing how manufactured gaskets are tested against the applicable governing standards: 30%.
• Minimum qualifying score: 70%. If no supplier reaches 70%, Eskom reserves the right to negotiate with, or consider, suppliers scoring between 65% and 69%.

Price evaluation

• Price is scored out of 80 or 90 points.
• Prices are evaluated inclusive of VAT, corrected for arithmetical errors, excluding contingencies in any bill of quantities or activity schedule, and adjusted for acceptable variations, deviations or alternative tenders.
• Net present value comparison of each adjusted tender based on the tendered programme and prices, the estimated effect of price adjustment factors and exchange rate fluctuations, and other risk-related parameters.
• Unconditional discounts are taken into account; conditional discounts are not, but are implemented at payment.

Specific goals

• Scored out of 20 or 10 points under the PPPFA.
• Failure to submit evidence of a specific goal claim does not disqualify the bidder but scores zero for that goal.

Preference system

• Either 80/20 or 90/10 applies; where there is uncertainty, the lowest acceptable tender determines the applicable system.
• The contract is awarded to the tenderer scoring the highest total points.

Not applicable

• Objective criteria and reverse e-auction.

Scope

• Supply and delivery of various gaskets, pressure seals, O'Rings, packing and other commodities for outages at Duvha Power Station.

Mandatory technical submission

• Data sheets for one example of each of: Sheet C4324, graphite laminate sheet, rubber insertion sheet, spiral wound gasket, pressure seal and packing.
• Gasket identification: manufacturer name, type or style number, material composition, OEM part number or identification code, and dimensions including OD, ID and thickness.
• Service suitability: design pressure range, design temperature range, media compatibility, and application notes such as suitability for ASME B16.5 Class 300 or PN16 flanges.
• Compliance and certification: conformance to EN 13555 or ASME B16.20/B16.21, API 601 and DIN 2690 where applicable; material certification to EN 10204 type 3.1 or 2.2 where applicable.
• Performance data: gasket stress Qmin and Qsmax under EN 13555 or ASME gasket factors, tightness class under EN 13555, compression and recovery values to ASTM F36, and sealability to ASTM F37 or DIN 3535.

Local manufacture

• At least 60% of the gaskets and packing must be manufactured locally, confirmed by a letter stating the manufacturing location.
• The spiral wound gasket manufacturer must hold ISO 3834-2 welding certification.
• The manufacturer's gasket testing procedure or philosophy must be provided.

Cataloguing

• The successful tenderer may be required to supply cataloguing information per item after contract award and to label all delivered materials to Eskom's labelling specifications.
• Where cataloguing applies, the pricing schedule must include a line item for cataloguing; Eskom pays for cataloguing.

Functionality criteria (total 100%)

• Letter stating where the gaskets will be manufactured, with at least 60% manufactured locally (applies to gaskets and packing): 30%.
• ISO 3834-2 welding certification certificate from the company manufacturing the spiral wound gaskets: 40%.
• Manufacturer's gasket testing procedure or philosophy, detailing how manufactured gaskets are tested for compliance with the applicable governing standards: 30%.
• Minimum qualifying score: 70%. If no supplier reaches 70%, Eskom may negotiate with or consider suppliers scoring between 65% and 69%.

Quality documents

• Quality documents are required as set out in the scope of work.
• Data sheets must show conformance to EN 13555 or ASME B16.20/B16.21, API 601 and DIN 2690 where applicable, and material certification to EN 10204 type 3.1 or 2.2 where applicable.

Pricing documents

• NEC document with pricing schedule or bill of quantities: attached and required.
• A completed pricing schedule is required if it is not already contained in the NEC or other contract.
• The price list and pricing schedule must be submitted in PDF; upload limit 500 MB per document and 4 GB total.
• Where cataloguing applies, the pricing schedule must include a line item for cataloguing; Eskom pays for cataloguing.

Price evaluation

• Prices are evaluated inclusive of VAT, corrected for arithmetical errors, excluding contingencies in any bill of quantities or activity schedule, and adjusted for acceptable variations, deviations or alternative tenders.
• Net present value comparison of each adjusted tender based on the tendered programme and prices, the estimated effect of price adjustment factors and exchange rate fluctuations, and other risk-related parameters.
• Unconditional discounts are taken into account; conditional discounts are not, but are implemented at payment.
• Price is scored out of 80 or 90 points.

Local content

• Where a contract combines local and imported goods or services, the tender response must separate the components in the price schedule.
• Local procurement content is total spending minus the imported component; the target is 100%.

Pricing

• Prices are tendered on the NEC3 Supply Contract (SC) pricing schedule or bill of quantities, submitted in PDF.
• Prices are evaluated inclusive of VAT.
• Unconditional discounts are taken into account for evaluation; conditional discounts are implemented at payment.

Payment terms

• Contracts below R50 000 000 including VAT: payment within 30 days of receipt of undisputed invoices.
• Contracts above R50 000 000 including VAT: payment within 60 days of receipt of undisputed invoices.

Security and retention

• Performance security: not applicable.
• SDL&I retention: 1.5% of every invoice excluding VAT is retained for the duration of the contract as security for fulfilment of SDL&I obligations, released only once Eskom receives the SDL&I progress reports, all SDL&I obligations are fulfilled and the SDL&I Department submits an approved compliance report.
• SDL&I penalty: 1.5% of the invoice amount, or 1.5% of the contract value, for failure to meet SDL&I obligations.

Financial capacity

• Audited financial statements for the previous 18 months, or the last year where unavailable, are not required as a returnable.
• Financial viability, including submission of financial statements, may be required as an additional contractual requirement before award.

Cataloguing

• Where cataloguing is required, the pricing schedule must include a line item for it; Eskom pays for cataloguing.

Eligibility

• The bidder, or any of its principals, must not be restricted from doing business with Eskom or any State-Owned Company, restricted by National Treasury, or listed on the Tender Defaulters list.
• Bidders with the nationality of, or constituted, incorporated or registered in, a country on any international sanctions list are ineligible; this also applies to proposed subcontractors and suppliers.
• A bidder may not submit more than one tender, whether individually or as a partner in a joint venture or consortium.
• A bidder may not subcontract 100% of the scope of work.
• Any conflict of interest disqualifies the bidder, including a controlling partner or majority shareholder in common with another tenderer, or a relationship giving access to another tenderer's information or influence over Eskom's decisions.
• Tenders signed by non-authorised persons are disqualified.
• Joint venture or consortium agreements must state that the parties are jointly and severally liable for contract execution.

Mandatory contractual requirements (evidence before award)

• Proof of valid and current CSD registration (CSD number or CSD report).
• Certified tax clearance certificate from foreign tenderers with a South African footprint that are not registered on CSD and have not provided a SARS PIN, and from local tenderers that have not provided a SARS e-filing PIN for verification or a CSD profile or number. Foreign suppliers with no South African footprint complete SBD 1 but need no proof of tax compliance.
• COIDA original certificate of good standing, or proof of application, issued by the Compensation Fund or a licensed compensation insurer (South African tenderers only).
• Proof of compliance with the Employment Equity Act, including proof of submission of the Employment Equity report to the Department of Labour, for tenderers that are designated employers (South African tenderers only).
• Quality, safety, environmental and SDL&I documents as set out in the scope of work.
• Failure to meet contractual requirements by the stipulated deadlines may render the tender non-responsive and ineligible for award.

B-bbee

• A valid B-BBEE certificate or a sworn affidavit is a condition for contract award.
• Annual total revenue up to R10 million (EME): a sworn affidavit may be submitted.
• Annual total revenue up to R50 million (QSE): the entity must comply with all elements of the QSE scorecard relevant to its sector, unless it is at least 51% black owned, in which case a sworn affidavit is required.
• Annual total revenue above R50 million: a valid B-BBEE certificate is required.
• A B-BBEE improvement or retention plan must be submitted within 30 days of signing the contract.
• Level 1 bidders indicate how they will maintain their status; Level 2 or 3 bidders indicate how they will maintain or improve it.
• Level 4 bidders must reach Level 3 by the end of the first contract year and improve by one level thereafter.
• Level 5 to 8 or non-compliant bidders must reach Level 4 by the end of the first contract year and improve by at least one level each year from the second year.
• Sworn affidavits must reflect the deponent's identity details and designation, the enterprise's CIPC registration name and business address, black ownership percentages, total revenue and its basis, financial year end, B-BBEE status level and empowering supplier status; the deponent and the Commissioner of Oaths must sign on the same date, and the Commissioner must be independent of the enterprise.

Local content

• SBD 6.2 Declaration Certificate for Local Production and Local Content, with Annexures G1 to G4, is required where designated materials are included.
• Local procurement content target: 100%.
• Tenderers must separate local and imported components in the price schedule; local procurement content is total spending minus the imported component.

Not applicable

• CIDB grading, CIDB Contract Skills Development Goals and Contract Participation Goals.
• Annexures E and F (CPA requirements for local and foreign goods/services).
• Reverse e-auction.

Safety

• COIDA original certificate of good standing, or proof of application, issued by the Compensation Fund or a licensed compensation insurer (South African tenderers only).
• SHEQ requirements apply as an additional contractual requirement.
• Other safety and quality documents are required as set out in the scope of work.
• Environmental and SDL&I documents are required as set out in the scope of work.
• CIDB requirements, Contract Skills Development Goals and Contract Participation Goals are not applicable to this tender.

Contract

• Conditions of contract: NEC3 Supply Contract (SC).
• Tender validity: 180 days from the closing date and time.
• The tender may be split depending on prices.
• Alternative tenders are allowed, limited to a different payment method or a different combination of clauses from the NEC Supply Contract, subject to Eskom's acceptance.

Transformation

• A B-BBEE improvement or retention plan must be submitted within 30 days of signing the contract.
• Level 1 bidders indicate how they will maintain their status; Level 2 or 3 bidders indicate how they will maintain or improve it.
• Level 4 bidders must reach Level 3 by the end of the first contract year and improve by one level thereafter.
• Level 5 to 8 or non-compliant bidders must reach Level 4 by the end of the first contract year and improve by at least one level each year from the second year.

Local procurement content

• Target: 100% local procurement content.
• Local procurement content is value added in South Africa using South African resources, calculated as total spending minus the imported component.
• Where a contract combines local and imported goods or services, the tender response must separate the components in the price schedule.

Jobs and designated group spend

• Tenderers must propose the type and number of jobs to be created and retained in South Africa as a direct result of the award.
• The winning tenderer is encouraged to spend on designated groups, both on indirect expenses and on direct spend through subcontractors.
• Targets as a proportion of local procurement content: black owned 4.0%, black women owned 3.0%, black youth owned 2.0%, black persons with disability 1.0%.

SDL&I penalties, retention and reporting

• Penalty for failure to meet SDL&I obligations: 1.5% of the invoice amount, or 1.5% of the contract value.
• Retention: 1.5% of every invoice excluding VAT for the duration of the contract, released only after Eskom receives the SDL&I progress reports, all SDL&I obligations are fulfilled and the SDL&I Department submits an approved compliance report.
• Suppliers must submit quarterly SDL&I compliance reports using the Data Collection Template.
• Eskom reviews the reports within 30 days of receipt and notifies the supplier in writing if obligations are not met.
• The supplier must implement corrective measures before the next report, failing which the retention clauses are invoked.
• An SDL&I Implementation Schedule must be completed and returned to the SDL&I representative for acceptance 28 days after contract award.

Subcontracting

• Main contractors and suppliers are discouraged from subcontracting to their own subsidiaries, as this may be treated as self-subcontracting or fronting; any such subcontract must be declared in the tender.

Payment

• Contracts below R50 000 000 including VAT: payment within 30 days of receipt of undisputed invoices.
• Contracts above R50 000 000 including VAT: payment within 60 days of receipt of undisputed invoices.
• Eskom reserves the right to negotiate with preferred bidders if tendered prices are not market-related.

Evaluation sequence

• Functionality is assessed first; a minimum of 70% is required to proceed. If no supplier reaches 70%, Eskom may negotiate with or consider suppliers scoring between 65% and 69%.
• Price is scored out of 80 or 90 points and specific goals out of 20 or 10 points, under either the 80/20 or 90/10 preference system.
• Where there is uncertainty about which preference system applies, the lowest acceptable tender determines it.
• A maximum of 10 or 20 points may be awarded for the specific goal specified for the tender; these are added to the price points and the contract is awarded to the tenderer with the highest total points.
• Failure to submit evidence of a specific goal claim does not disqualify the bidder but scores zero for that goal.
• Contractual requirements are not evaluation criteria; they are assessed after evaluation and ranking, and proof must be submitted before contract award.

The contract is compiled in accordance with the CIDB Standard for Uniformity in Construction Procurement (May 2010 amendments) and is structured in three parts:

• Part C1: Agreements and Contract Data (Form of Offer and Acceptance, contract data from the purchaser and from the supplier).
• Part C2: Pricing Data (pricing assumptions and the Price Schedule).
• Part C3: Scope of Work (Goods Information).

Scope: supply and delivery of gaskets, pressure seals, O'Rings, packing and other commodities for outages at Duvha Power Station.

Delivery date: 09 November 2026

Starting date: 09 November 2026 or as soon as possible thereafter

Defects date: 1 day after delivery

Period for correction of defects after delivery: 1 day

Period for reply: 2 days

Purchaser

• Eskom Holdings SOC Ltd (Reg No. 2002/015527/30)
• Registered office: Megawatt Park, Maxwell Drive, Sandton, Johannesburg

Returnable documents

• Form of Offer and Acceptance (C1.1): signed by a duly authorised representative, recording the offered total price excluding and including VAT.
• Contract Data provided by the Supplier: completed with the supplier's name, address, contact details and overheads/profit percentage.
• Price Schedule (C2.2): a rate or price entered for each of the 58 items plus the transport cost line, with the total of the prices.
• Schedule of Deviations: completed only where the bidder proposes changes to the tender documents.
• B-BBEE verification certificate and supporting documentation.
• Insurance certificates confirming the required cover is in force.

Scope

• Supply and delivery of gaskets, pressure seals, O'Rings, packing and other commodities for outages at Duvha Power Station.
• 58 priced line items plus a transport cost line (50 lumps).

Item categories

• Gasket sheet: fibre (Klingersil C4324), graphite (Top Graph 2000, Sigraflex Hochdruck, DIN 28091-GR-11), rubber insertion.
• Spiral wound gaskets: graphite or ASB filler with stainless steel winding, various diameters and pressure ratings.
• Pre-cut and preformed gaskets, packing and seals, including nuclear-grade graphite items.
• Bulk packing: carbon fibre, 5 mm to 19 mm, pump and valve service, up to 250 bar, pH 0-13; several sizes must be asbestos-free.
• Gland packing, preformed packing (cup ring, bonnet), piston rings, thrust and wear rings.
• O-ring cord: nitrile and neoprene, various thicknesses and shore hardness.
• Valve seats, actuator diaphragms, implosion damper seals, adhesive, discs and sealing washers.

Quantities

• Per item, ranging from 6 to 3 000 units.

Delivery and site requirements

• Delivery to Duvha Power Station.
• Goods must comply with Eskom's Safety, Health, Environment and Quality (SHEQ) requirements, security procedures and site rules.
• Subcontracting is not applicable.

Item-specific requirements

• Some items require a material certificate with every delivery.
• Some items require shelf life, date of manufacture and storage method with delivery.
• Several items must be individually packed (bubble wrap, black plastic bags) and clearly marked.
• Some items must be asbestos-free.
• Bidders are responsible for supplying against the correct drawing revision number where applicable.

Price Schedule (C2.2)

• 58 priced line items plus a transport cost line (50 lumps).
• The tenderer enters a rate or price for each item; rates and prices include all work and other things necessary to supply the item.
• Where the price is not adjusted by quantity, only the price column is completed; where the price is rate multiplied by quantity, the rate is entered and multiplied by the quantity.
• The total of the prices is carried to the Form of Offer and Acceptance.
• VAT at 15% is added.
• The supplier states the percentage for overheads and profit added to Defined Cost.
• The Price Schedule forms Part 2 of the contract.

Pricing

• Price Schedule (C2.2): a rate or price per item; rates and prices include all work necessary to supply the item.
• VAT at 15% is added to the offered total.
• The supplier states the percentage for overheads and profit added to Defined Cost.

Contract amounts and limits

• Delay damages: 1% per day, capped at 5% of the order value.
• Supplier's liability for indirect or consequential loss: limited to zero.
• Purchaser's liability for indirect or consequential loss: R0.00.
• Interest on late payment: rate left blank in the contract data.

Insurance

• Supplier provides the Table A cover from the starting date until delivery and for risks carried between delivery and the defects date.
• Purchaser provides the Table B cover.

Payment

• The supplier submits a tax invoice showing the assessed amount due, quoting the purchaser's VAT number 4740101508.
• Late submission of a correct tax invoice extends the payment period by the same delay.

B-bbee

• The supplier must notify the purchaser within 7 days of any change to its B-BBEE status.
• An updated verification certificate and supporting documents must be submitted within 30 days of that notification.
• A decrease in B-BBEE status may lead to renegotiation or termination.

Ethics

• No coercive, collusive, corrupt, fraudulent or obstructive action is permitted during the procurement or execution of the contract.
• The purchaser may terminate if such action occurs and the supplier does not act to prevent or remedy it.

Other

• A judicial management order against the bidder is a ground for termination.
• Insurance certificates must be provided on request.
• Asbestos handling must comply with the Asbestos Regulations and Eskom's Asbestos Standard 32-303.
• Nuclear liability provisions apply (Koeberg Nuclear Power Station).

Site requirements

• The supplier must comply with Eskom's Safety, Health, Environment and Quality (SHEQ) requirements, security procedures and site rules at Duvha Power Station.

Asbestos

• The purchaser ensures ambient air meets the Asbestos Regulations (GNR February 2002, Occupational Health and Safety Act 1993).
• Occupational exposure limit: 0.2 regulated asbestos fibres per ml of air as a 4-hour TWA; short-term exposure limit 0.6 fibres per ml as a 10-minute TWA.
• Monitoring per HSG248, HSG173 and OESSM by a SANAS-accredited, Department of Employment and Labour approved asbestos inspection authority.
• The supplier may perform parallel measurements at its own cost.
• If asbestos is identified, a risk assessment is done and control measures and air monitoring follow.
• Supplier personnel may stop work and leave a contaminated area until it is declared safe.
• Removal and disposal of asbestos is done by a registered asbestos contractor, instructed by the purchaser at the purchaser's expense.

Hazardous substances

• Material safety data sheets with environmental information in the 16-point format must accompany every delivery of adhesive, as required by the Occupational Health and Safety Act.

Environmental requirements

• The supplier must comply with Eskom's Safety, Health, Environment and Quality (SHEQ) requirements, security procedures and site rules at Duvha Power Station.
• Asbestos and asbestos-containing material removal and disposal is carried out by a registered asbestos contractor, instructed by the purchaser at the purchaser's expense, in line with South African legislation.
• Material safety data sheets containing environmental information in the 16-point format must accompany every delivery of adhesive, as required by the Occupational Health and Safety Act.

Contract administration

• Subcontracting is not applicable.
• All contract administration communication uses the purchaser's NEC3 forms: Early Warning Notification, Compensation Event Notification and Delivery Notification.
• Correspondence must quote the purchase order number; only the purchaser's standard templates are accepted.

Contract form

• NEC3 Supply Short Contract (April 2013), with additional Z clauses.

Batch orders

• The purchaser does not require the goods to be provided by batch order; the batch order interval and end date are once off.

Liability and damages

• Delay damages: 1% per day, capped at 5% of the order value.
• Supplier's liability for indirect or consequential loss: zero.
• Purchaser's liability for indirect or consequential loss: R0.00.

Disputes

• Adjudicator selected from the ICE-SA panel; if the parties cannot agree, appointed by AFSA.
• Tribunal: arbitration under the Association of Arbitrators (Southern Africa) rules.

Additional conditions

• Z1: the supplier may not cede, delegate or assign rights or obligations without the purchaser's written consent.
• Z2: B-BBEE status change notification and updated certificate requirements.
• Z3: no waiver or estoppel unless agreed in writing.
• Z4: tax invoice and interest provisions.
• Z5: purchaser's liability for the supplier's indirect or consequential loss limited to R0.00.
• Z6: termination on a judicial management order.
• Z7: termination if delay damages reach the stated limit.
• Z8: ethics — prohibited actions and termination.
• Z9: insurance (Tables A and B).
• Z10: nuclear liability (Koeberg).
• Z11: asbestos management.

Formation

• The agreement takes effect when the tenderer receives a completed copy; it becomes binding unless the supplier objects in writing within 5 working days.
• Within one week of receiving the completed agreement, the supplier must contact the purchaser's agent to arrange securities, bonds, guarantees and proof of insurance.