Five-year maintenance of fire detection and gas suppression systems at kendal power station

Closing date: 27 November 2026 at 08:00 UTC (10:00 SAST).

Closing time: 08:00 UTC per tender record (extracted text suggests 07:34, unverified).

Compulsory briefing or site visit: not mentioned.

Returnable forms (all must be completed, signed and submitted):

• SBD 1: Invitation to Bid – signed as the offer cover page
• SBD 3.1/3.2: Pricing Schedule (firm/non-firm)
• SBD 4: Declaration of Interest – discloses state employment connections
• SBD 6.1: Preference Points Claim – claims B-BBEE points under PPPFA
• SBD 8: Declaration of Bidder's Past Supply Chain Management Practices
• SBD 9: Certificate of Independent Bid Determination – certifies no collusion
• Authority to Sign / Board Resolution: authorises named signatory to bind the bidder

Submission method and address not specified in available information.

Preference point system: 80/20 or 90/10 not specified.

B-BBEE: Valid B-BBEE certificate or sworn affidavit required to claim preference points.

Minimum qualifying score: not stated.

Evaluation stages: not detailed in available information.

Scope: Maintenance of Fire Detection and Gas Suppression Systems at Kendal Power Station, Mpumalanga.

Contract period: 5 years.

Quantities, specific locations within station, standards, service levels, capacity requirements: not detailed in available information.

B-BBEE: Valid B-BBEE certificate or sworn affidavit required for preference points.

CSD registration, tax compliance (SARS tax pin), CIPC registration: typically required but not explicitly stated in available extract.

CIDB grading: not mentioned (service maintenance, not construction).

Local content: not mentioned.

The contract covers the provision of fire detection and gas suppression system maintenance at Kendal Power Station for a period of 5 years under an NEC3 Term Service Contract.

Closing date and time: 27 November 2026 at 08:00

Contact: Engineering Contract Strategies

Telephone: 011 803 3008

Fax: 086 5391902

Website: www.ecs.co.za

Service delivery: Kendal Power Station, Mpumalanga

Scope: Maintenance of fire detection and gas suppression systems at Kendal Power Station for a 5-year period.

Contract type: NEC3 Term Service Contract (April 2013), priced contract with price list.

Key personnel: At least two key people required, each with name, job title, responsibilities, qualifications, experience, and CVs.

Price list: Must be provided; tendered total of prices required (in Rand).

Fee percentages: Direct fee percentage and subcontracted fee percentage to be stated.

Risk register: Matters to be included in the risk register to be identified.

Service information: The service information for the contractor's plan is to be referenced.

Plan: The plan identified in the contract data is to be contained in a specified document.

Key personnel requirements: The contractor must provide details for at least two key people, including name, job title, responsibilities, qualifications, experience, and CVs. Additional key personnel data and CVs may be required.

Pricing format: Priced contract with price list; tendered total of prices required.

Fee percentages: Direct fee percentage and subcontracted fee percentage to be provided.

No bid security, bonds, guarantees, retention, or payment terms specified in this document.

Closing date: 27 November 2026 at 08:00 UTC (10:00 SAST).

No compulsory briefing or site visit dates are mentioned in this annexure.

Fraud and corruption reporting:

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

No SCM or technical enquiry contacts are provided in this annexure.

Returnable forms:

• SBD 6.1 (Preference Points Claim Form): must be completed, signed and submitted with the bid. It requires the bidder's company name, registration number, entity type, and claimed preference points for specific goals with supporting proof. Failure to submit proof means no points for specific goals.

Submission method, number of copies, packaging and closing details are not in this annexure; refer to the main tender document.

Evaluation uses the 90/10 preference point system (90 points for price, 10 points for specific goals) because the estimated contract value exceeds R50 million.

Price points formula: Ps = 90(1 - (Pt - Pmin)/Pmin) where Pt is the tendered price and Pmin the lowest acceptable price.

Specific goals points are claimed via SBD 6.1 and require supporting documentation; the organ of state may verify claims at any time.

No minimum qualifying score is stated in this annexure.

Bidders must complete SBD 6.1 to claim preference points for specific goals. Required information:

• Company/firm name
• Company registration number
• Type of entity (e.g., (Pty) Ltd, CC, partnership, sole proprietor, etc.)

Supporting documentation for specific goals claimed must be submitted; otherwise points for specific goals are not awarded.

The form includes a declaration certifying the accuracy of claims. Fraudulent claims may lead to disqualification, cost recovery, contract cancellation, restriction from state business for up to 10 years, and criminal prosecution.

The SBD 6.1 declaration requires the authorised signatory to certify that:

• Information furnished is true and correct.
• Preference points claimed are in accordance with the general conditions.
• Documentary proof may be required to substantiate claims.
• Fraudulent claims or breach of contract conditions may result in disqualification, recovery of costs/losses/damages, contract cancellation, restriction from state business for up to 10 years, and criminal prosecution.

Evaluation uses the 90/10 preference point system (90 points for price, 10 points for specific goals) as the estimated contract value exceeds R50 million. Price points are calculated using the formula Ps = 90(1 - (Pt - Pmin)/Pmin). Specific goals points are claimed via SBD 6.1 with supporting proof; failure to submit proof means no points for specific goals. The organ of state reserves the right to verify claims at any time. No minimum qualifying score is stated.

Returnable documents

• CPA proposal: bidders must submit a contract price adjustment formula with the tender submission; failure to do so means the pricing is treated as fixed.
• CPA alignment: the CPA must align with Eskom's proposed CPA breakdown in the tender, or an alternative CPA proposal may be submitted and will be considered if acceptable to Eskom.
• Pricing schedule reference: if Eskom's proposed CPA breakdown is not populated, bidders must refer to the Pricing Schedule in the NEC or other contract, or the standalone Pricing Schedule, for Eskom's proposed CPA breakdown.

Evaluation

• Bidders must comply with all CPA requirements.
• CPA formula total: each CPA formula must add up to 100%.
• Fixed portion: a minimum of 15% of the total agreement value must be fixed when a CPA formula is applied.
• Indices: only official published CPA indices in the public domain may be used; in-house indices are not permitted.
• Base date: for monthly indices, the base date is the month before the month in which the tender closes; for daily or more frequent references, the average for the month before the tender closing month is used.
• Prohibited adjustments: rate of exchange adjustments and combined local/foreign escalation are not permitted in any CPA formula.

Pricing schedule — contract price adjustment

• CPA applies only where the contractual duration exceeds 12 months.
• Contracts of 12 months or less: fixed priced offer required.
• Contracts over 12 months: CPA not applicable in year one; applies from year two onwards.
• No CPA proposed: pricing is deemed fixed and firm.
• Fixed portion: minimum 15% of total agreement value fixed under a CPA formula.
• Formula total: each CPA formula must total 100%.
• Local and foreign: separate CPA formulae; local and foreign escalation may not be combined.
• Rate of exchange: not permitted in any CPA formula.
• Imported components: local indices may not be used.
• Base date: month before tender closing month (monthly indices); average of the month before tender closing month (daily or more frequent references).
• Eskom's proposed breakdown: bidders must align with it or submit an acceptable alternative; if unpopulated, refer to the NEC or standalone Pricing Schedule.

Contract price adjustment (CPA)

• Duration more than 12 months: CPA applies from year two onwards; CPA is not applicable for the first year.
• Duration 12 months or less: a fixed priced offer must be submitted.
• No CPA proposed: if no CPA is catered for, prices are deemed fixed and firm.
• Fixed portion: minimum 15% of the total agreement value must be fixed when a CPA formula is applied.
• Formula total: each CPA formula must add up to 100%.
• Separate formulae: separate CPA formulae are required for local and foreign CPA; local and foreign escalation may not be combined into one formula.
• Multiple formulae: more than one CPA formula may be used, or all cost components combined into one formula; individual formulae may be used for specific line items such as labour and transport.
• Base date: the month before the month in which the tender closes (monthly indices); average for the month before the tender closing month (daily or more frequent references).
• Professional services: the country-specific CPI Headline index is the preferred index, with adjustment effective from each contractual anniversary using the average of the last twelve months ending before the anniversary.
• Negotiation: Eskom reserves the right to negotiate CPA terms and conditions during negotiations with tenderers.

Compliance

• CPA proposal: bidders must submit a CPA proposal aligned to Eskom's proposed breakdown, or an alternative acceptable to Eskom.
• Indices: only official published CPA indices in the public domain; no in-house indices.
• Local and foreign CPA: separate formulae; no combined local/foreign escalation; no rate of exchange adjustment.
• Imported components: local indices may not be used for CPA purposes for any imported component.

Procurement: Provision of fire detection system maintenance and spares supply at Kendal Power Station, Mpumalanga, for a 5-year period.

Client: Eskom Holdings SOC Ltd.

Tender number: E3759GXMPKEN.

Type: Open tender.

Scope includes compliance with SANS 10139, SAQCC registration, maintenance regime, resource allocation, and full SHE/quality/environmental management systems.

Contract: NEC3 Term Service Contract.

Closing date and time: 27 November 2026 at 10:00 am.

Clarification queries deadline: 7 working days before closing date (by 18 November 2026, subject to working days).

Compulsory briefing/site visit: not applicable.

Tender validity period: 90 days from closing date and time.

Issue date: 06 November 2026.

Eskom Representative (technical/procurement enquiries):

• Name: Nombulelo Mhlanga
• Role: Eskom Representative
• Telephone: 013 647 6847
• Email: [email protected]

Procurement Manager:

• Name: Thandi Mathye
• Location: Kendal Power Station

Fraud/corruption reporting:

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

Submission portal: https://eTendering.eskom.co.za/tender/1/95309

E-tendering training: https://www.eskom.co.za/tenders/

Submission method: electronic only via Eskom E-tendering portal (https://eTendering.eskom.co.za/tender/1/95309).

Closing: 27 November 2026 at 10:00 am.

Format: all documents in PDF; price list in PDF and Excel copy.

Upload limits: 500 MB per document, 4 GB total. No zip/condensed files. No hard copies accepted.

Resubmission: latest version replaces all previous; status must show "complete".

Returnable documents — disqualifiable if missing at closing:

• Electronic tender (PDF) with price list (PDF + Excel)
• Annexure A: Authorisation Form
• Annexure B: Acknowledgement Form
• Annexure C: Tenderer's Particulars
• Annexure D: Integrity Pact Declaration (Supplier Integrity Pact)
• Annexure E: CPA for Local Goods/Services
• Annexure F: CPA(IG) for Imported Goods/Services (if applicable)
• Annexures G1–G4: SBD 6.2 Local Production & Content declarations (if designated materials)
• Annexure H: SBD 1 Invitation to Bid
• Annexure J: SBD 4 Bidder's Disclosure
• E-tendering Help Manual acknowledgement form
• JV/consortium: letter of intent or JV agreement, confirmation of single business entity, single designated JV bank account

Returnable documents — non-disqualifiable (5 working days to remedy):

• Annexure I: SBD 6.1 Preference Points Claim Form (PPPFA 2022)
• Tax Evaluation Questionnaire (personal service provider determination)

Mandatory contractual requirements (before award):

• Proof of CSD registration (CSD number/report)
• Tax clearance certificate (foreign tenderers without SA footprint/CSD/SARS PIN; local tenderers without SARS e-filing PIN/CSD profile)
• Employment Equity Act compliance proof (designated employers only)
• SAQCC company registration (certified copy ≤3 months) — gatekeeper
• SAQCC technician registration for each site-based serviceman (certified copy ≤3 months, one per serviceman) — gatekeeper
• Safety (High Risk): Annexure C1 evaluation sheet, SHE Plan, SHE Costs, Baseline Risk Assessment, valid COID certificate, SHE Policy, SHE Competencies
• Quality (Category 3, ISO 9001:2015): QMS manual, quality policy, objectives, document/record control, nonconforming output control, corrective action procedure, internal audit procedure, roles/responsibilities/authorities, control of externally provided processes, draft contract/project quality plan, example ITP/QCP, Form A
• Environmental (ISO 14001:2015 aligned): policy, site-specific management plan, environmental representative appointment, spillage management plan, aspect/impact register, hazardous substances register, SDS, permits/licences, waste management plan, training/competency records, legal compliance register
• Financial due diligence: latest approved annual financial statements (full set, no drafts), director's report, auditor's report, statements of financial position/comprehensive income/changes in equity/cash flows, notes, public interest score (if not audited), ITA34C (current & prior year, if not audited); each JV/SPV partner must submit own
• NEC3 Term Service Contract completed in full
• Pricing schedule (if not in NEC contract)
• Additional documents: ECSA/SACPCMP/CVs/permits/licences/specific registrations if applicable to scope

Two-stage evaluation: functionality (technical) first, then price + specific goals (80/20).

Functionality — gatekeepers (mandatory, pass/fail):

1. Valid SAQCC company registration (certified copy ≤3 months).
2. Valid SAQCC technician registration for each site-based serviceman (certified copy ≤3 months, one copy per serviceman).

Verification: SAQCC will confirm.

Functionality — qualitative criteria (threshold: 100%):

1. Compliance to SANS 10139 and Works Experience (60%):

a. Previous similar work (25%): proof of FDS maintenance in power station or similar environment within last 5 years (official order/contract).

Scoring: ≤3 years = 5/5; 3–5 years = 4/5; 5–12 years = 2/5; none = 0/5.

b. Maintenance regime proposal (35%): critical activities, frequency, duration, plan to maintain/test system functionality.

Scoring: fully addresses = 5/5; satisfactorily = 4/5; poorly = 2/5; none = 0/5.

2. Resource allocation (40%): organogram of all key personnel; supporting documents for each key person.

Price evaluation (80 points):

• Inclusive of VAT.
• Corrected for arithmetic errors.
• Excluding contingencies.
• Net Present Value comparison based on tendered programme, price adjustment factors, exchange fluctuations.
• Unconditional discounts considered; conditional discounts not considered for evaluation but applied at payment.

Specific goals (20 points) — PPPFA 80/20 (tender value ≤ R50 million):

B-BBEE level points: Level 1=20, 2=18, 3=14, 4=12, 5=8, 6=6, 7=4, 8=2, non-compliant=0.

Evidence: valid B-BBEE certificate (SANAS), sworn affidavit (EME ≤R10M, QSE ≤R50M unless 51% black-owned), or CIPC affidavit. No electronic signatures on affidavits.

Failure to submit evidence = 0 points for specific goals (not disqualified).

Ranking: combined price + specific goals score, highest to lowest.

Objective criteria applicable (refer SDLI Appendix B).

Reverse e-auction: not applicable.

Alternative tenders: not allowed.

Scope: Provision of fire detection system maintenance and spares supply at Kendal Power Station for 5 years.

Key technical requirements:

• Compliance with SANS 10139 (fire detection and alarm systems).
• SAQCC registration mandatory for company and all site-based technicians (per Department of Employment and Labour mandate).
• Maintenance regime proposal: critical activities, frequency, duration, test/functional verification plan.
• Resource allocation: organogram with all key personnel; CVs/qualifications for each.
• Proven experience: ≥5 years FDS maintenance in power station or similar environment (official orders/contracts).
• Safety: Scope classified High Risk — full SHE compliance per Annexure C1 (7 criteria).
• Quality: ISO 9001:2015 QMS Category 3 with documented system, policies, procedures, controls, audit, corrective actions, project quality plan, ITP/QCP examples.
• Environmental: ISO 14001:2015 aligned policy, site-specific management plan, spillage management, aspect/impact register, hazardous substances, waste management, legal compliance.
• Contract form: NEC3 Term Service Contract.
• Cataloguing: may be required post-award; pricing schedule must include line item if applicable.
• Local content: SBD 6.2 and annexures G1–G4 if designated materials included.
• No subcontracting 100% of scope.
• JV/consortium: joint and several liability, single business entity, single bank account.

Mandatory qualifications (gatekeepers):

• SAQCC company registration (certified copy ≤3 months).
• SAQCC technician registration for each site-based serviceman (certified copy ≤3 months, one per serviceman).

Experience requirement:

• Proven track record: FDS maintenance in power station or similar environment within last 5 years (official order/contract).
• Scoring: ≤3 years = 5/5; 3–5 years = 4/5; 5–12 years = 2/5; none = 0/5.

Resource allocation:

• Organogram of all key personnel for contract.
• Supporting documents for each key person (qualifications, certifications, experience).

Maintenance regime proposal:

• Critical activities, frequency, duration.
• Plan to maintain and test system functionality.
• Scoring: fully addresses = 5/5; satisfactorily = 4/5; poorly = 2/5; none = 0/5.

Quality Management System: ISO 9001:2015 Category 3.

Required documented evidence (approved/signed copies):

• QMS manual or documented information defining QMS scope.
• Quality policy aligned with strategic direction.
• Quality objectives.
• Control of documented information (document/record control).
• Control of nonconforming outputs.
• Nonconformity and corrective action procedure.
• Internal audit procedure.
• Roles, responsibilities, authorities for QMS.
• Control of externally provided processes, products, services.
• Draft contract/project quality plan aligned with scope.
• Example inspection and test plan (ITP) or quality control plan (QCP) from similar work.
• Completed and signed Form A (Enquiry/Contract/Quality Requirements for Supplier).

QMS must drive business processes to consistently meet Eskom requirements.

Compliance verified during evaluation and contract execution.

Pricing schedule: part of NEC3 contract or separate submission.

Format: PDF and Excel copy.

Upload limits: 500 MB per document, 4 GB total.

Cataloguing: if required, separate line item in pricing schedule; Eskom pays.

Price evaluation: inclusive of VAT, arithmetic correction, exclusions of contingencies, NPV comparison.

Unconditional discounts considered; conditional discounts applied at payment only.

Tender validity: 90 days.

Payment terms: ≤R50M = 30 days; >R50M = 60 days from undisputed invoice.

No bid security or performance guarantee required.

SDL&I penalty: 1% contract value.

Retention: 1% of each invoice (excl. VAT) for SDL&I security.

Pricing format: schedule of rates / bill of quantities within NEC3 contract; submitted in PDF and Excel.

Price evaluation: inclusive of VAT, arithmetic error correction, exclusions of contingencies, NPV comparison.

Tender validity: 90 days from closing.

Payment terms:

• Contracts ≤ R50 million (incl. VAT): 30 days from receipt of undisputed invoice.
• Contracts > R50 million (incl. VAT): 60 days from receipt of undisputed invoice.

Security/guarantees:

• Bid security / performance security: not applicable.
• SDL&I penalty: 1% of contract value for failure to meet SDL&I obligations.
• Retention: 1% of every invoice (excluding VAT) held as security for SDL&I obligations for contract duration.

Financial capacity:

• Latest approved annual financial statements (full set, no drafts) required before award.
• Non-audited SA entities: public interest score, ITA34C for current and prior year.
• Each JV/SPV partner submits own financial statements.

Cataloguing: if required, separate line item in pricing schedule; Eskom pays for cataloguing.

Eskom reserves right to negotiate if prices not market-related.

Subcontracting with subsidiaries discouraged; must be declared if done.

Mandatory eligibility:

• CSD registration (CSD number/report).
• Tax compliance: SARS e-filing PIN/CSD profile (local); tax clearance certificate (foreign without SA footprint/CSD/SARS PIN).
• Not restricted by National Treasury, Eskom, or on Tender Defaulters list.
• No conflict of interest (common controlling partner, information access/influence).
• No more than one tender (individually or as JV partner).
• JV/consortium agreement must state joint and several liability.
• Tender signed by authorised person.
• Not subcontracting 100% of scope.

B-bbee:

• Certificate (SANAS accredited) or sworn affidavit (EME ≤R10M; QSE ≤R50M unless 51% black-owned) or CIPC affidavit.
• No electronic signatures on affidavits.
• Improvement/retention plan due within 30 days of contract signature.
• Level 5–8/non-compliant: must reach Level 4 by end of Year 1, then improve ≥1 level per year.
• Level 1–4: maintain or improve.
• Failure to submit evidence = 0 specific goal points (not disqualified).

SAQCC (gatekeepers):

• Company registration (certified copy ≤3 months).
• Technician registration for each site-based serviceman (certified copy ≤3 months, one per serviceman).

Employment Equity Act: designated employers must submit compliance proof and EE report submission proof.

Safety (High Risk):

• Annexure C1 evaluation (7 criteria).
• SHE Plan, SHE Costs, Baseline Risk Assessment, valid COID certificate, SHE Policy, SHE Competencies.

Quality (Category 3, ISO 9001:2015):

• QMS manual, quality policy, objectives, document/record control, nonconforming output control, corrective action procedure, internal audit procedure, roles/responsibilities/authorities, control of externally provided processes, draft contract/project quality plan, example ITP/QCP, Form A.

Environmental (ISO 14001:2015 aligned):

• Policy, site-specific management plan, environmental representative appointment, spillage management plan, aspect/impact register, hazardous substances register, SDS, permits/licences, waste management plan, training/competency records, legal compliance register.

Local content: SBD 6.2 + annexures G1–G4 if designated materials.

CIDB: not applicable.

Contract Skills Development Goals: not applicable.

Contract Participation Goals: not applicable.

Returnable forms (standard):

• SBD 1 (Annexure H): Invitation to Bid — offer cover page.
• SBD 4 (Annexure J): Bidder's Disclosure — declares state employment/connection.
• SBD 6.1 (Annexure I): Preference Points Claim — claims B-BBEE points.
• SBD 6.2 (Annexures G1–G4): Local Production & Content declaration.
• Authority to Sign / Board Resolution: authorises signatory (implied).

Scope classified High Risk — full SHE compliance mandatory.

Evaluation per Annexure C1 (7 criteria).

Required submissions:

• Annexure B: Acknowledgement Form.
• SHE Plan (per SHE specification provided).
• SHE Costs.
• Baseline Risk Assessment.
• Letter of Good Standing (valid COID certificate).
• SHE Policy.
• SHE Competencies (evidence of competent personnel).

All documents must be submitted with tender response.

Compliance assessed before award; failure may render tender non-responsive.

Environmental management aligned with ISO 14001:2015.

Required submissions:

• Environmental policy (signed, ISO 14001:2015 aligned).
• Site-specific environmental management plan (aspects, impacts, mitigations, signed).
• Site Environmental Representative appointment letter (signed, clear EMS responsibilities).
• Site-specific spillage management plan (oil, chemical, ash, coal spills with response procedures, signed).
• Aspect and impact register (identification, rating, controls for scope-related aspects).
• Hazardous substances register.
• Safety data sheets (SDS).
• Permits and licences relevant to scope.
• Site-specific waste management plan (identification, handling, disposal, compliance, resources, signed).
• Training and competency records.
• Legal and regulatory compliance register (applicable environmental laws, compliance status).

All documents must be submitted with tender response.

Contract form: NEC3 Term Service Contract (completed in full).

Contract period: 5 years.

Payment terms: ≤R50M = 30 days; >R50M = 60 days from undisputed invoice.

SDL&I penalty: 1% of contract value for non-compliance with SDL&I obligations.

Retention: 1% of each invoice (excl. VAT) held as security for SDL&I obligations.

Cataloguing: may be required post-award; pricing must include line item; Eskom pays.

Subcontracting: 100% subcontracting prohibited; subcontracting with subsidiaries discouraged and must be declared.

Eskom right to negotiate: if tendered prices not market-related.

No alternative tenders allowed.

Tender validity: 90 days from closing.

Joint and several liability for JV/consortium.

Single business entity and single bank account for JV.

Termination: per NEC3 conditions.

Liquidated damages: not explicitly stated; SDL&I penalty of 1% contract value applies.

Captured in evaluationCriteria section above. No additional criteria.

Returnable document

• Integrity Declaration Form (document 559-1848080 Rev 2): must be fully completed, signed and submitted with the bid at the stipulated deadline.
• Joint ventures: an incorporated joint venture completes the form for the joint venture; an unincorporated joint venture completes the shareholding tables for each joint venture member.

Integrity Declaration Form

• The bidder must complete and sign the Integrity Declaration Form; false or incomplete information may result in rejection of the tender and action by Eskom.

Declarations required

• Declaration of Interest: disclose any relationship between the bidder's directors, employees, contractors or shareholders and Eskom employees, contractors, consultants or directors involved in the tender, including a shared controlling partner or other relationship with another tenderer.
• Declaration of Fair Tendering Practices: declare that the bidder has not abused Eskom's procurement process, for example through bid rigging or collusion, and has not committed fraud or other improper conduct in a procurement process.
• Declaration of Shareholding Information: list all individual and entity shareholders with their shareholding percentages; the authorised signatory must sign.

Disqualification grounds

• The bidder or any director is listed on National Treasury's Database of Restricted Suppliers.
• The bidder or any director is listed on the Register for Tender Defaulters.
• The bidder or any director was convicted of fraud or corruption in a procurement process during the past five years.
• The bidder or any director is prohibited from doing business with an international financial or lending institution or a development or funding agency.
• The bidder has a history of failing to meet contractual obligations with the State or a State-owned entity.

Consent

• The bidder consents to Eskom processing the information for conflict-of-interest verification and ancillary purposes, including sharing it with third parties.

Scope: Provision of Fire Detection and Gas Suppression System maintenance at Kendal Power Station.

Contract period: Five (5) years.

Contracting entity: Eskom Holdings SOC Ltd.

Contract form: NEC3 Term Service Contract April 2013 (TSC3), Option A (priced contract with price list).

Affected Property: Kendal Power Station.

Detailed scope: set out in Part 3: Scope of Work and all documents and drawings to which it makes reference (not included in this extract).

Service Manager (contract administration)

• Name: Xolisa Sotomela
• Role: Service Manager
• Email: [email protected]
• Telephone: +27 13 647 6500
• Fax: 086 662 3998

Address

Kendal Power Station

Private Bag X7272

Witbank

1035

Employer (contracting entity)

Eskom Holdings SOC Ltd

Registered office: Megawatt Park, Maxwell Drive, Sandton, Johannesburg

Registration number: 2002/015527/30

Service: Fire Detection and Gas Suppression System maintenance at Kendal Power Station.

Contract period: Five (5) years.

Contract form: NEC3 Term Service Contract April 2013 (TSC3), main Option A (priced contract with price list).

Affected Property: Kendal Power Station.

Detailed scope and drawings: Part 3: Scope of Work and all referenced documents (not included in this extract).

First plan for acceptance: within two (2) weeks of contract signing (kick-off meeting in week one, plan submission in week two).

Task Order programme: submit to the Service Manager within two (2) days of receiving a Task Order.

Reply periods: 24 hours for emergencies; one week for normal matters.

Currency: South African Rand.

Assessment interval: between the 25th and 28th day of each successive month.

Final assessment: within four weeks after completing a Task Order.

Payment period: thirty (30) days after assessment and receipt of invoice.

Interest on late payment: publicly quoted prime rate of Standard Bank of South Africa Limited, calculated on a 365-day year.

Tax invoice: provide within one week of receiving a payment certificate, showing the amount due as stated in the certificate.

Late tax invoice: payment deadline extended by the delay period; no interest for the delayed period.

VAT: include Eskom VAT number 4740101508 on each invoice if the Contractor is registered under the Companies Act.

Contractor insurance (Table A): replacement cost for loss or damage to Employer's property, Plant and Materials, and Equipment where not covered by Employer's insurance; Employer's policy deductible where covered; replacement cost for loss or damage to other property; amount required by applicable law for bodily injury or death to a non-employee; amount required by applicable law for death or bodily injury to employees.

Employer insurance (Table B): Assets All Risk, Contract Works, Environmental Liability, General and Public Liability, Transportation (Marine), Motor Fleet and Mobile Plant, Terrorism, Cyber Liability, Nuclear Material Damage and Business Interruption, Nuclear Material Damage, Terrorism - cover per the insurance policy document.

Insurance certificates: provide on request from insurer or broker.

B-BBEE status change: notify Eskom within seven days of any change in legal status, ownership, business composition or dealings affecting B-BBEE status.

Updated B-BBEE certificate: submit the updated verification certificate and supporting documents to the Service Manager within thirty days of notification.

Consequence of decreased B-BBEE status: Eskom may re-negotiate the contract or terminate the Contractor's obligation to provide the service.

Failure to notify B-BBEE change: may constitute grounds for termination.

Health and safety: Eskom may appoint the Contractor as Principal Contractor under the Construction Regulations 2014 (Occupational Health and Safety Act); the Contractor must price for compliance with all applicable health and safety laws and contract rules, and ensure subcontractors and employees comply.

Environmental: comply with all applicable environmental laws, regulations, rules, guidelines and procedures; ensure subcontractors and employees comply.

Confidentiality: do not disclose contract information; images of the Affected Property require prior written consent of the Service Manager; rights in images vest in Eskom; subcontractors must comply.

Ethics: no coercive, collusive, corrupt, fraudulent or obstructive action during procurement or execution; Eskom may terminate without a finding of guilt; full cooperation with investigations is required.

Joint venture: members are jointly and severally liable; notify the Service Manager within two weeks of Contract Date of the person authorised to bind the joint venture; no change to composition without Eskom's written consent.

Cession: no cession, delegation or assignment of rights or obligations without Eskom's written consent.

Health and safety precautions: the Contractor must take all reasonable precautions to maintain the health and safety of persons in and about execution of the service.

Principal Contractor: Eskom may appoint the Contractor as Principal Contractor under the Construction Regulations 2014 (Occupational Health and Safety Act) for the Affected Property.

Compliance cost: the Contractor must price for sufficient compliance with the Construction Regulations, all applicable health and safety laws and regulations, and contract health and safety rules, guidelines and procedures.

Ongoing compliance: the Contractor must comply with the Construction Regulations and all applicable health and safety laws, and ensure subcontractors, employees and others under its direction and control likewise comply.

Environmental compliance: the Contractor must comply with all applicable environmental laws, regulations, rules, guidelines and procedures provided for under the contract.

Subcontractor and employee compliance: the Contractor must ensure subcontractors, employees and others under its direction and control likewise comply.

Contract period: Five (5) years; starting date to be confirmed.

Governing law: Republic of South Africa.

Language: English.

Service level penalties (Option X17): Premature Failure - 5% of the task order; Re-Work - 3.5% of the task order; Non-compliance with PMs per week - 3% of the task order.

Limitation of liability (Option X18): indirect or consequential loss limited to R0.00; loss of or damage to Employer's property limited to the applicable deductible; defects due to Contractor's design limited to R0.00; total liability limited to the total of the Prices, excluding additional excluded matters (loss or damage to property other than Employer's property, death or injury to a person, infringement of intellectual property rights), which are not limited.

End of liability date: 12 months after the end of the service period.

Task Order programme: submit within two (2) days of receiving a Task Order.

Price forecasts: prepare at intervals no longer than four weeks or as stated on the Task Order.

Cession, delegation and assignment: not permitted without Eskom's written consent; Eskom may cede to subsidiaries or restructured divisions on written notice.

Joint venture: members jointly and severally liable; notify the Service Manager within two weeks of Contract Date of the person authorised to bind the joint venture; no change to composition without written consent.

B-BBEE status change: notify within seven days; submit updated certificate within thirty days; decreased status may lead to re-negotiation or termination; failure to notify may constitute grounds for termination.

Confidentiality: no disclosure of contract information; images of the Affected Property require prior written consent of the Service Manager; rights vest in Eskom; subcontractors must comply.

Waiver and estoppel: no waiver unless agreed in writing.

Compensation events: notify within eight weeks of becoming aware, otherwise no entitlement to a change in Prices.

Employer's limitation of liability: indirect or consequential loss limited to R0.00.

Termination: a business rescue order granted against the Contractor is a termination ground.

Ethics: no coercive, collusive, corrupt, fraudulent or obstructive action; Eskom may terminate without a court finding; full cooperation with investigations required.

Insurance: Contractor provides Table A insurances from the starting date until Completion or the termination certificate; certificates on request.

Nuclear liability: Eskom is operator of the Koeberg Nuclear Power Station; Eskom is solely responsible for nuclear damage and indemnifies the Contractor; waiver of recourse subject to statutory rights.

Asbestos: Eskom manages asbestos and asbestos-containing materials; Contractor personnel may stop work and leave a contaminated area; removal and disposal by a registered asbestos contractor instructed by Eskom at Eskom's expense.

Returnable document — Annexure C (Tenderer's Particulars): must be completed and signed, giving the tendering structure (individual, unincorporated JV, incorporated JV or other), CIPC registration or disclosure certificate, VAT number, CIDB registration number and grading, contact, postal and physical details for the tenderer and each JV member.

Subcontracting section: where subcontracting is prescribed, the form requires the intended percentage, the subcontractor's identity, CSD registration and number, B-BBEE level, designated-group category, a signed intention to subcontract and proof of the subcontractor's designated-group status.

Vendor and tax identifiers: Eskom vendor number and National Treasury CSD supplier number must be supplied if already registered; SARS e-filing PIN must be supplied for tax status verification.

Tax compliance: a foreign supplier not on CSD, or one without a SARS PIN, must attach a current valid tax compliance certificate as a returnable by contract award stage.

CSD registration

• Not required at the time of bidding.
• Mandatory before contract award.
• Registration is done online at www.treasury.gov.za.

Tax compliance

• A SARS e-filing PIN must be provided for verification.
• Foreign suppliers not on CSD, or bidders without a SARS PIN, must attach a current valid tax compliance certificate as a returnable by award stage.

Cipc

• CIPC registration number or CIPC disclosure certificate required for the individual company and for each JV member; a trust number is required for trusts.

CIDB

• CIDB registration number and contractor grading designation required for the individual company and each JV member.
• A combined CIDB contractor grading designation is required for joint ventures.
• Where subcontractors are used, the subcontractor's CIDB registration number and the CIDB grade stipulated in the Tender Data must be given.

VAT

• VAT registration number required for the individual company and each JV member.

Subcontracting

• Where subcontracting is prescribed, the subcontractor's CSD registration and number, B-BBEE level and designated-group category must be disclosed, with a signed intention to subcontract and proof of designated-group status attached.

Mandatory returnable

• E-Tendering Training Acknowledgement Form (E-Tenderers' E-Tendering Document 240-9722574 Rev 1): the bidder must acknowledge completion of e-tendering self-training through the Noddy Guide, a video, or a clarification meeting, and confirm ability to operate the E-Tendering Solution.
• The form must be fully completed and submitted to Eskom within the prescribed period; failure to do so renders the tenderer non-responsive and the bid is disqualified.
• Required entries: business name or JV, contact person, landline, cellphone, e-mail address, authorised signature, designation and date.

Scope

• Provision of fire detection and gas suppression system maintenance at Kendal Power Station for a period of 5 years.

Closing: 27 November 2026 at 08:00

Returnable documents

• C1.1 Form of Offer and Acceptance: signed offer cover page; the bidder's offer to Eskom Holdings SOC Ltd.
• C1.2b Contract Data provided by the Contractor: contractor contract data to be completed by the bidder.

Returnable forms:

• SBD 4 (Tenderer's Disclosure): must be completed, signed and submitted with the bid. Requires declaration of any director/shareholder employed by the state, relationships with procuring institution employees, interests in other enterprises, and certification of independent bid determination. False disclosure leads to disqualification.

Mandatory declarations (via SBD 4):

• No director, shareholder, or controlling person may be employed by the state.
• No relationship with any person employed by the procuring institution.
• No undisclosed interest in other related enterprises.
• Bid must be prepared independently, without collusion or prior disclosure to competitors.
• No consultations with procuring institution officials except for clarification.

Effective date of general conditions: 31 May 2024

Review date of general conditions: May 2029

Rejection: Eskom may reject any part of goods by written notice specifying reason and whether replacement or rework required; rejected goods returned at supplier's risk and expense; costs of replacement from third party borne by supplier

Non-conformance correction: for works/services, supplier must correct non-conformances/defects as indicated by Eskom; if supplier delays, Eskom may have third party correct at supplier's cost

Acceptance: goods/works/services subject to Eskom approval; inspection and testing at any stage; deemed accepted if Eskom fails to notify acceptance

Price adjustment: prices or rates may include an amount for price adjustment calculated per the formula stated in the agreement

Payment terms: payment within 30 days after receipt of a correct tax invoice

VAT requirement: Eskom VAT registration number 4740101508 must appear on the tax invoice before payment

CPA (IG) form: must be duly completed by the supplier

Currency: payment may be in any currency; one exchange rate used for conversion to ZAR; payment in non-ZAR currency shall not exceed agreement amounts

Delivery cost: supplier must state in tender whether delivery cost is included in the price; if not stated, deemed included

Statutory compliance: supplier must adhere to all statutory requirements relevant to the agreement

Governing law: agreement governed by the law of the Republic of South Africa; parties submit to jurisdiction of South African courts

Ethics: Eskom expects suppliers to adhere to the highest standard of ethical behavior

Currency and payment: one exchange rate used for conversion to ZAR; payment in non-ZAR currency shall not exceed agreement amounts; CPA (IG) form must be completed; payment within 30 days of correct tax invoice; Eskom VAT number 4740101508 must appear on invoice

Delivery: delivery means delivery of goods or completion of work at point of delivery/site per agreement on or before agreed date; late delivery may incur penalty; no payment if goods/services/works not provided as per agreement

Delivery documentation: supplier must mark packages with name and destination details, include packing note; send advice note with transport means, weight, volume, dispatch point/date; send detailed tax invoice after delivery/completion; state agreement number on all communications; state in tender whether delivery cost included (deemed included if not stated)

Containers/packing material: no payment for containers or packing materials unless otherwise stated

Acceptance: goods/works/services subject to Eskom approval; inspection and testing at any stage

Indemnity: supplier indemnifies Eskom against actions, suits, claims, costs arising from negligence, IP infringement, breach of statutory duty, defective design/materials/workmanship by supplier, subcontractors, agents

Warranty: goods/works/services warranted fit for purpose and free from defects for one year from acceptance (unless otherwise stated); supplier must rectify defects free of cost within agreed period

Assignment and subcontracting: neither party may cede or delegate rights/obligations without written consent of the other; Eskom may cede to subsidiaries or divisions on written notice

Statutory requirements: supplier must adhere to all relevant statutory requirements; agreement governed by RSA law; jurisdiction of SA courts

Breach: either party may terminate after written notice and failure to rectify default

Termination: Eskom may terminate at any time if supplier defaults in performance, becomes bankrupt, or is in financial circumstances prejudicing performance

Ethics: Eskom committed to highest ethical standards and expects same from suppliers

Entire agreement: constitutes entire agreement; variations must be in writing signed by both parties

90/10 preference point system applies for requirements above R50 000 000. Points awarded for Price and Specific Goals. Maximum 100 points total.

Proof/documentation required to claim specific goals points. 90/10 preference point system applies.

Annexure F sets out Eskom's contract price adjustment (CPA) requirements for foreign goods and services and the rules for payment of foreign commitments. CPA applies to contracts longer than 12 months and is not applied in the first year. A minimum 15% fixed portion applies and each CPA formula must total 100%. Only official public-domain indices may be used, with separate formulae for local and foreign CPA. Bidders pricing in foreign currency must be direct importers and must observe the specified payment methods and exchange rate rules.

Contract price adjustment (CPA): a CPA formula must be submitted with the tender; if no CPA is proposed, the pricing is treated as fixed.

CPA alignment: the bidder must align its CPA to Eskom's proposed breakdown in the tender, or submit an alternative CPA proposal for Eskom's consideration.

Foreign currency: before tender close, the bidder must confirm through the Procurement Practitioner that the foreign currency it intends to price in is acceptable to Eskom.

Payment Method 2: approval must be requested from Eskom before tender close, and a written indemnity confirming the bidder will not buy forward cover must accompany the submission; if approval is not obtained before tender close, the bidder must select another payment method.

Pricing disclosure: the foreign currency and foreign currency amounts must be shown in the pricing schedule; if the schedule does not allow for this, they must be shown in a covering letter.

Exchange rate proof: proof of the South African Reserve Bank exchange rate used must be submitted with the tender.

Specialist skills: foreign specialists may be brought to South Africa by secondment (retaining overseas employment, invoiced in foreign currency, typically Euro or GBP, short to medium term) or payroll transfer (local ZAR contract, long term, no foreign commitment). Exchange rate: the tenderer must use the South African Reserve Bank exchange rate as at 12H00 on the date the tender is advertised and must submit proof of the SARB rate used.

Pricing: for contracts over 12 months, a CPA formula must accompany the tender or the price is treated as fixed; the first year is fixed and CPA applies from year 2. Minimum 15% fixed portion; each formula totals 100%. Foreign currency and amounts must be shown in the pricing schedule or a covering letter. The exchange rate used in the tender is the SARB rate on the advertisement date. Payment methods 1A, 1B, 2 and the Fixed ZAR Option govern payment of foreign commitments, with proof of importation and matching commercial and tax invoices required.

CPA applicability: CPA applies only where the contractual duration exceeds 12 months; for durations of 12 months or less, a fixed price must be submitted.

First year: CPA is not applied in the first year; for contracts over 12 months it applies from year 2 onwards.

Fixed portion: a minimum of 15% of the total agreement value must remain fixed and not subject to CPA.

Formula total: each CPA formula must add up to 100%.

Indices: only official published CPA indices in the public domain may be used; in-house indices are prohibited; local indices may not be used for imported components.

Separate formulae: separate CPA formulae are required for local and foreign CPA, and they may not be combined into one formula.

Rate of exchange: Eskom will not accept a rate of exchange adjustment within any CPA formula.

Base date: for monthly indices, the base date is the month before the month in which the tender closes; for daily or more frequent references, the average for the month before the tender closes is used as the base price.

Professional services: the country-specific CPI Headline index is the preferred index; the adjustment factor takes effect from each contractual anniversary and equals the average of the CPI Headline figures for the 12-month period ending before the anniversary.

Foreign currency pricing: bidders pricing imported goods or services in foreign currency, or linking pricing to an exchange rate, must be direct importers and must indicate the foreign currency and amounts.

Payment methods: foreign commitments are paid under Method 1A (foreign bank account in foreign currency), Method 1B (SARB-approved CFC account in South Africa in foreign currency), Method 2 (ZAR at Eskom's Treasury selling spot rate on the date forward cover is cancelled), or the Fixed ZAR Option (bidder bears exchange rate risk).

Payment Method 2: applies to goods only, not services; the contracting party must be the direct importer; exchange rate adjustments after Eskom's notification are for the supplier's account.

Fixed ZAR Option: the bidder must match or better Eskom's exchange rate; once agreed, Eskom bears no further exchange rate adjustments; the tender exchange rate is the SARB rate on the date the tender is advertised.

Proof of importation: required at the time of payment and invoicing; supporting documents include the commercial invoice, SAD 500, Bill of Entry, customs release notification, transport documents, and transport evidence such as a bill of lading, airway bill, consignment note, postal receipt, certificate of posting, or courier dispatch note.

Documents with payment: the commercial invoice from the foreign supplier and the local tax invoice must both be submitted and must match; Eskom will not pay profit in foreign currency.

SARB approval: for Method 1B and service-related foreign payments, the bidder must hold SARB approval to invoice Eskom in foreign currency into a CFC account, and documents to the Reserve Bank must specifically reference Eskom; approval is valid for 1 year or the SARB approval period.

No commercial invoice: if the supplier cannot provide a commercial invoice, the contract is concluded in rands and cannot be linked to any exchange rate.

Domestic costs: South African value-added costs, such as transport, are paid in rands only.

CPA formula: must be submitted with the tender; failure to submit results in the pricing being treated as fixed.

Direct importer: bidders pricing imported goods or services in foreign currency, or linked to an exchange rate, must be direct importers.

SARB approval: bidders using Payment Method 1B or receiving service-related foreign payments must hold SARB approval to invoice Eskom in foreign currency into a CFC account, with documents to the Reserve Bank specifically referencing Eskom.

Indices: only official published CPA indices in the public domain may be used; in-house indices are prohibited.

Separate formulae: local and foreign CPA require separate formulae and may not be combined.

Proof of importation: required for payment, including the commercial invoice, SAD 500, Bill of Entry, customs release notification, and transport documents.

Exchange rate proof: proof of the South African Reserve Bank exchange rate used must be submitted.

CPA conditions: CPA applies where the contractual duration exceeds 12 months; fixed pricing applies for durations of 12 months or less. CPA is not applied in the first year and runs from year 2 onwards. A minimum of 15% of the agreement value must be fixed; each formula must total 100%. Only official published public-domain indices may be used; in-house indices are prohibited. Local and foreign CPA require separate formulae. Eskom may negotiate CPA terms during negotiations.

Submission rules

• Bids must be delivered by the stipulated closing time to the correct address; late bids will not be accepted.
• Bids must be submitted on the official forms provided and must not be re-typed.
• The successful bidder must complete and sign a written contract form (SBD 7).
• Failure to provide or comply with any required particulars may render the bid invalid.

Returnable forms

• SBD 1 (Invitation to Bid): completed and signed bid cover page with bidder and supplier particulars.
• SBD 7 (Contract Form): written contract form to be completed and signed by the successful bidder.

Tax compliance

• A SARS Tax Compliance Status (TCS) PIN must be submitted, or a printed TCS certificate together with the bid.
• Where no TCS PIN is available but the bidder is registered on the Central Supplier Database (CSD), a CSD number must be provided.
• Each party to a consortium, joint venture or sub-contracting arrangement must submit a separate TCS certificate, PIN or CSD number.

State employment restriction

• No bids will be considered from persons in the service of the state, companies with directors in the service of the state, or close corporations with members in the service of the state.

Foreign suppliers

• Foreign-based suppliers must declare RSA residency, a branch in RSA, a permanent establishment in RSA, any source of income in RSA, and liability to any form of RSA taxation.

Proof of authority

• Proof of authority to sign, such as a company resolution, must be submitted with the bid.

Consequence

• Failure to provide or comply with any of the above particulars may render the bid invalid.

SBD 6.2 (Declaration Certificate for Local Production and Content for Designated Sectors): must be completed, signed by the chief financial officer or nominated responsible person, and submitted with the bid; certifies compliance with minimum local content requirements measured under SATS 1286:2011.

Annex C (Local Content Declaration: Summary Schedule): must be submitted at the stipulated deadline; a bid may be disqualified if the declaration certificate and Annex C are not submitted on time.

Scope: Fire Detection and Gas Suppression System maintenance at Kendal Power Station for 5 years.

Required resources per year:

• 2 Servicemen (SAQCC certified) at 4,152 hours each
• 2 Labourers at 4,152 hours each

Overtime capacity:

• Serviceman @1.5 rate: 2,000 hours
• Labourer @1.5 rate: 2,000 hours
• Serviceman @2 rate: 1,200 hours
• Labourer @2 rate: 1,200 hours

Transport: 50,500 km per year

Summary price list items: Health & Safety (lump sum), Labour (lump sum)

Health & Safety equipment per year:

• Medicals (if annual certificate expired): 4
• Health and Safety File: 1
• Hard hats: 10
• Overalls: 10
• Gloves: 10
• Safety shoes: 10
• Hearing protection (noise clippers): 20
• Safety goggles: 20
• Safety harnesses: 10
• Respirators (dust masks): 50
• Gum boots: 10

Quality management requirements:

• All servicemen must hold valid SAQCC certification.
• Resource levels as per pricing schedule: 2 servicemen and 2 labourers per year, with overtime capacity at 1.5x and 2x rates.
• Transport capacity: 50,500 km per year.
• Health and safety compliance through provision of specified PPE and safety file.

Pricing schedule (NEC3 TSC3 Option A):

• Contract type: Priced contract with Price List (Option A).
• Price List is separate from Service Information; it only contains pricing, not work instructions.
• Items can be lump sums or rate-based (rate × quantity).
• Contractor must align programme operations with Price List items.
• Prices must cover all necessary and incidental work, including defect correction not due to Employer’s risk.
• Lump sum prices are fixed; no adjustment for quantity variations unless a compensation event occurs.
• Price List columns: Item description, Unit, Estimated Quantity per year, Rate, Price.
• Summary items: Health & Safety (lump sum), Labour (lump sum).
• Resource items: Servicemen and labourers at normal, 1.5x, and 2x rates with annual hour estimates.
• Transport: 50,500 km per year at rate per km.
• Health & Safety items: unit rates with annual quantities.
• Totals: per year and for 5-year contract period.

Pricing model: NEC3 Term Service Contract (TSC3) Option A – priced contract with Price List.

Price List contains lump sum items and rate-based items (rate × quantity).

Price List is not Service Information; work instructions are in Service Information.

Contractor must link plan operations to Price List items.

Prices must be inclusive of all necessary and incidental work to provide the service and correct defects not caused by Employer’s risk.

No adjustment to lump sum prices for quantity variations; only compensation events can change lump sums.

Price List format: Item description, Unit, Estimated Quantity per year, Rate, Price.

Totals calculated per year and for 5-year period.

Service personnel must hold valid SAQCC (South African Qualification Certification Council) certification.

Health and safety equipment as listed must be provided.

No other compliance requirements (CIDB, B-BBEE, CSD, tax) specified in this document.

Health and safety requirements (annual quantities):

• Medical examinations: 4 (only if annual medical certificate expired)
• Health and Safety File: 1
• Hard hats: 10
• Overalls: 10
• Gloves: 10
• Safety shoes: 10
• Hearing protection (noise clippers): 20
• Safety goggles: 20
• Safety harnesses: 10
• Respirators (dust masks): 50
• Gum boots: 10
• Lump sum Health & Safety item included in price list.

Pricing details specified in Part C2 of the contract.

Scope of work and associated drawings or documents detailed in Part C3, both referenced from Contract Data Part C1.

Within two weeks of agreement effective date, tenderer must contact Employer's agent to arrange delivery of securities, bonds, guarantees, proof of insurance and other contractual documentation.

Failure to provide these documents constitutes repudiation of the agreement.

Returnable form - Integrity Declaration Form (559-1848080 Rev 2): must be fully completed, signed and submitted. It requires declarations of interest/relationships with Eskom, fair tendering practices and shareholding information.

A false declaration may result in rejection of the tender/proposal and action by Eskom.

The PAYE Questionnaire for Service Contracts is a tax compliance tool used by Eskom to classify contractors (Individual, Close Corporation, Company, Trust) as Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor for the 2025/2026 tax year. It applies to all service providers to Eskom and its subsidiaries. The contractor completes Evaluation Pack A (entities) or Pack B (individuals), answering a series of yes/no questions on residence, employees, connected persons, income concentration, place/control/supervision, and dominant impression. Based on answers, specific affidavits/declarations (Appendices 1-9) must be signed. The completed pack with signed summary sheet and affidavits must be returned to Eskom, copying Group Tax at [email protected]. Eskom accepts no liability for use of the pack.

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

Tender closing date: 27 November 2026 at 08:00 (per tender record).

The questionnaire must be completed and submitted as part of the bid; no separate deadline stated in the pack.

Enquiries: Eskom Group Tax Department, Megawatt Park.

Email: [email protected] (for submission copies).

No named individual or telephone provided in the document.

Submission address: Not specified in the pack; likely via the Eskom procurement channel for the specific tender.

The completed PAYE Questionnaire (Evaluation Pack A for Company/CC/Trust, or Pack B for Individuals) must be submitted to Eskom with the signed summary sheet and all required affidavits/declarations.

Copy Group Tax at [email protected] when returning the pack.

The questionnaire must be completed by the contractor or a duly authorised representative, who must declare all answers are truthful.

Based on answers, specific appendices (1-9) must be signed and submitted; failure to sign required affidavits results in PAYE being withheld from payments.

The pack is valid for the 2025/2026 tax year (1 March 2025 – 28 February 2026).

The questionnaire determines the contractor's tax classification through a decision tree:

1. Residence test (South African tax resident per Income Tax Act).
2. Number of employees exclusion (employs ≥3 full-time employees not connected to shareholders/members/beneficiaries).
3. Services rendered by a connected person.
4. More than 80% income from one client or associated institution.
5. Place, control and supervision test (duties performed mainly at Eskom premises and subject to Eskom's control/supervision).
6. Dominant impression test (11 questions assessing independence vs employment-like relationship).

Classification outcomes: Independent Contractor, Personal Service Provider (PSP), Labour Broker, or Dependent Contractor.

If classified as PSP or Dependent Contractor, PAYE must be withheld (codes 3601/3616 on IRP5).

If Labour Broker with valid IRP30 certificate, no PAYE withheld (code 3617); without certificate, PAYE withheld until certificate provided.

Decision matrix: answering "PSP" to any of questions 6(i), 6(iii), 6(v), 6(vi), 6(ix) or >50% "PSP" on questions 6(ii), 6(iv), 6(vii), 6(viii), 6(x), 6(xi) triggers PSP classification.

This document is a PAYE compliance questionnaire, not a technical specification.

It applies to all contractors supplying services to Eskom Holdings SOC Ltd and its subsidiaries (Eskom Rotek Industries, Eskom Enterprises, Escap, Eskom Finance Company, Eskom Foundation, Eskom National Transmission Company SA).

The specific tender is for Fire Detection and Gas Suppression System maintenance at Kendal Power Station for 5 years (per tender record).

The questionnaire classifies the contractor for tax purposes; it does not define technical scope, deliverables, or service levels.

The questionnaire does not include a pricing schedule or bill of quantities. It addresses tax treatment of payments: for Labour Brokers, a valid IRP30 certificate exempts PAYE withholding (IT3(a) code 3617, reason 07); without it, PAYE is withheld at individual rates until certificate provided (IRP5 code 3617). For PSP/Dependent Contractors, PAYE is withheld at prevailing rates (codes 3601/3616). No pricing format, rates, or payment schedules are defined here.

Tax implications based on classification:

• Independent Contractor: No PAYE withholding.
• Personal Service Provider / Dependent Contractor: PAYE withheld at prevailing individual tax rates; payments coded 3601 or 3616 on IRP5.
• Labour Broker: With valid IRP30 exemption certificate – no PAYE withheld, IT3(a) issued with code 3617, reason code 07. Without certificate – PAYE withheld at individual rates until certificate provided, IRP5 code 3617.

Contractor must provide bank details (account number, bank, branch, account holder, type).

No bid security, guarantees, retention, or payment terms specified in this questionnaire.

Contractor must be a tax resident of South Africa (per Income Tax Act definition) or complete Appendix 9 for non-residents.

Must provide: VAT registration number, Income Tax registration number, Company/CC/Trust registration number, vendor number.

Must complete the relevant Evaluation Pack (A or B) truthfully and sign the summary sheet.

Depending on answers, must sign one or more affidavits/declarations:

• Appendix 1: Employs ≥3 full-time employees not connected persons.
• Appendix 2: No connected person will personally render services.
• Appendix 3: Services not performed mainly at Eskom premises nor under Eskom control/supervision.
• Appendix 4: Not more than 80% income from one client/associated institution.
• Appendix 5: Individual provides a service (not people).
• Appendix 6: Declaration as Labour Broker (with/without IRP30 certificate).
• Appendix 7: Declaration as Dependent Contractor or Personal Service Provider.
• Appendix 8: Declaration as Independent Supplier/Contractor.
• Appendix 9: Declaration as Non-resident.

Must notify Eskom in writing of any changes to declared information.

Definitions per Income Tax Act (Appendix 10) apply: Connected Person, Associated Institution, Labour Broker, Personal Service Provider, Remuneration, Resident.

No B-BBEE, CIDB, CIPC, or professional registration requirements mentioned in this pack.

The document does not contain health and safety requirements. It is solely a tax classification questionnaire. Any OHS requirements for the fire detection maintenance tender would be in the tender's technical specifications, not in this pack.

The questionnaire's evaluation criteria are the decision rules that lead to a tax classification. The process flows through six tests: (1) Residence – non-residents complete Appendix 9 and are referred to Group Tax. (2) Number of Employees Exclusion – entities with ≥3 full-time non-connected employees sign Appendices 1 and 8 and are classified as Independent. (3) Connected Person Services – if no connected person renders services, sign Appendices 2 and 8 for Independent classification. (4) 80% Income Test – if >80% income from one client/associated institution, sign Appendix 7 (PSP/Dependent Contractor). (5) Place, Control & Supervision – if duties mainly at Eskom premises and under Eskom control, sign Appendix 7. (6) Dominant Impression Test – 11 questions; answers mapped to "Independent" or "PSP"/"Employee" columns. If any "PSP" on questions 6(i), 6(iii), 6(v), 6(vi), 6(ix) or >50% "PSP" on the others, classify as PSP (Appendix 7). Otherwise, if not already signed Appendix 7, sign Appendix 8 for Independent classification. The outcome determines PAYE withholding and IRP5 codes.

Tax Compliance Questionnaire for Foreign Suppliers (Annexure G, Template 240-119645544 Rev 1): mandatory for foreign suppliers to complete.

• Foreign suppliers with no local footprint in South Africa are not required to obtain a SARS tax clearance certificate or tax clearance system PIN.
• Foreign suppliers with no local footprint are exempt from National Treasury Central Supplier Database registration.
• No local footprint means answering No to residency, RSA branch, permanent establishment, RSA income source, and RSA tax liability.
• The supplier must confirm the questionnaire was answered truthfully and understood, and must sign with name, designation, date, company name and registration number.

Description

• Fourth Schedule to Income Tax Act requires Employees' Tax withholding from 'remuneration' paid by Employer to Employee
• This tool establishes whether contractor should be classified as Independent Contractor, Personal Service Provider, Labour Broker or Dependent Contractor
• Applicable only to contractors supplying Eskom Holdings SOC Ltd and subsidiaries with services or individual contractors providing Eskom with labour
• Pack based on 2026/2027 tax legislation, subject to change
• Eskom accepts no liability for use of the pack
• Contractor or authorised representative must declare all questions answered truthfully
• Answering questions directs to next step in classification process

Contact information

• Enquiries: Group Taxation, Eskom - email [email protected]
• Non-resident bidders: Refer to Eskom Group Tax Department, Megawatt Park

Evaluation criteria

• Bids evaluated on tax classification determined by questionnaire outcomes
• Classification: Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor
• Classification depends on test results: residence status, employee count, connected persons, 80% income test, place/control/supervision, and dominant impression test
• PSP or Dependent Contractor classification results in PAYE withholding at prevailing tax rate
• Independent Contractor with valid IRP30 certificate: no Employees' Tax withholding; IT3(a) and IRP5 certificates coded 3617 (reason code 07)

Technical specifications

• Fire Detection and Gas Suppression System maintenance at Kendal Power Station, Mpumalanga province
• Contract period: 5 years
• Service category: General services

Pricing schedule

• If valid IRP30 certificate provided: no Employees' Tax withholding; IT3(a) certificate code 3617 with reason code 07
• If no valid IRP30 certificate: Employees' Tax withheld at individual tax rates; IRP5 certificate code 3617 issued
• Payment coding varies by classification: 3601/3616 for dependent/PSP, 3617 for independent

Financial requirements

• Employees' Tax withheld from payments if no valid IRP30 certificate provided
• If valid IRP30 certificate submitted: no withholding; IT3(a) certificate code 3617 with reason code 07; IRP5 certificate code 3617
• Payment coding: 3601/3616 for dependent contractor/personal service provider; 3617 for independent contractor
• Contract period: 5 years

Compliance requirements

• Complete relevant Evaluation Pack (A for companies/CCs/trusts, B for individuals) with all questions answered truthfully
• Sign all required appendices/affidavits; unsigned forms result in PAYE withholding from payments
• Provide VAT registration number and Income Tax registration number
• CSD registration required for Eskom suppliers

Evaluation criteria

• Classification determined by questionnaire responses across questions 6(i) to 6(xi)
• PSP classification if more than 50% 'PSP' answers to specific questions
• Independent Contractor classification if certain conditions met
• PAYE withholding implications based on classification outcome
• Code 3617 on IT3(a) and IRP5 for non-deduction (reason code 07)