ESKOM legal services panel augmentation (b-bbee levels 1-3 only)

Issue date: 02 September 2026

Clarification meeting (non-compulsory): 09 September 2026 at 10h00, online via MS Teams. Attendance confirmation required via email to [email protected] with attendee name, position and contact details.

Clarification query deadline: 5 working days before tender closing date (i.e. by 24 September 2026).

Tender closing date and time: 01 October 2026 at 10h00.

Tender validity period: one year from closing date and time.

Eskom Representative (procurement enquiries and clarification meeting RSVP):

Name: Khuliso Luvhimbi

Telephone: 036 342 3139

Email: [email protected]

All queries must be addressed in writing to this representative only. No other Eskom official may be contacted.

Submission address: Eskom E-tendering portal https://eTendering.eskom.co.za

Fraud/corruption reporting: 0800 11 2722 or [email protected]

Submission method: electronic only via Eskom E-tendering portal (https://eTendering.eskom.co.za). No hard copies accepted. Documents must be uploaded in PDF format; maximum 500 MB per file and 4 GB total submission. Upload under folders: Technical, Commercial, Financial, and Other. Latest submission replaces any previous version; ensure submission status shows "complete".

Mandatory returnables at closing (disqualifiable if missing or unsigned):

• Annexure A: Authorisation Form (with certified board/members' resolution or power of attorney)
• Annexure B: Acknowledgement Form
• Annexure C: Tenderer's Particulars
• Annexure D: Integrity Pact Declaration (Supplier Integrity Pact downloaded from Eskom Tender Bulletin)
• Annexure E: CPA Requirements for Local Goods/Services (if applicable)
• Annexure H: SBD 1 Invitation to Bid (all tenderers)
• Annexure I: SBD 6.1 Preference Points Claim Form (PPPFA 2022)
• Annexure J: SBD 4 Bidder's Disclosure
• E-tendering Help Manual acknowledgement form
• Scope of Work and Bidders Panel Declaration Form
• SLA Service Level Agreement
• Completed Pricing Schedule (rates-based, PDF)
• Proof of CSD registration (CSD number/report)
• Tax compliance: SARS e-filing PIN for local tenderers; certified tax clearance certificate for foreign tenderers with SA footprint
• Tax Evaluation Questionnaire (Annexure K) to determine personal service provider status
• Compliance with Employment Equity Act (designated employers only): proof of EE report submission to Department of Labour
• Joint venture documents (if applicable): letter of intent, signed JV agreement with joint and several liability, profit-sharing ratios, single designated bank account confirmation
• Bidders Panel Declaration and Technical Tender Information/Technical Response (for functionality scoring)

Returnables required prior to contract award (must be completed, signed and submitted before award):

• COIDA certificate of good standing or proof of application (SA tenderers only)
• Quality Requirement documents: Supplier Quality Management Method Statement, Quality Requirement Form A CAT
• Annexure B: Acknowledgement of Eskom's OHS legal and other requirements
• Valid Letter of Good Standing
• OHS Policy signed by CEO (compliant with OHS Act Section 7)
• Audited financial statements
• Additional documents per scope: ECSA/SACPCMP registration, CVs, permits, licences, specific registrations

Non-disqualifiable returnables at closing (5 working days to remedy if missing):

• Basic compliance (eligibility, complete tender upload, mandatory commercial returnables, CSD number)

Clarification queries must be submitted in writing to the Eskom Representative at least 5 working days before closing date. Alternative tenders are not allowed.

Two-stage evaluation:

1. Gatekeeper / mandatory compliance (pass/fail):

• B-BBEE status level 1, 2 or 3 only (valid certificate or sworn affidavit required); levels 4-8 and non-compliant are disqualified.
• All proposed attorneys must be admitted and enrolled under the Legal Practice Act.
• Attorneys Admission Certificates, valid Certificates of Good Standing from the South African Legal Practice Council, and valid Fidelity Fund Certificates (section 84 of Legal Practice Act) for every proposed attorney.
• No restriction by National Treasury, Tender Defaulters list, Eskom, or international sanctions.
• No conflict of interest (common controlling partner/shareholder, information access/influence over other bidders).
• Not subcontracting 100% of scope.
• Joint venture agreement must stipulate joint and several liability.
• Tender signed by authorised person (board resolution, members' resolution, power of attorney, or trustee resolution as per entity type).
• CSD registration and tax compliance.
• All mandatory returnables submitted at closing.

2. Functionality / technical evaluation (minimum 70% per sub-panel required to proceed):

• Detailed criteria set out in Annexure O (not fully extracted).
• Bidders Panel Declaration and Technical Tender Information/Technical Response are evaluated.
• Tenderers scoring below 70% on any sub-panel are disqualified and not evaluated on price.

3. Price and Specific Goals (90/10 preference point system, applicable as tender value exceeds R50 million):

• Price scored out of 90 points (inclusive of VAT, corrected for arithmetic errors, excluding contingencies, adjusted for acceptable variations/deviations, NPV comparison if programme provided, unconditional discounts considered, conditional discounts excluded from scoring but applied at payment).
• Specific Goals scored out of 10 points per PPPFA 2022 B-BBEE level table:

Level 1 = 10, Level 2 = 9, Level 3 = 6, Level 4 = 5, Level 5 = 4, Level 6 = 3, Level 7 = 2, Level 8 = 1, Non-compliant = 0.

• Failure to submit B-BBEE evidence yields 0 points for Specific Goals but does not disqualify.
• Final ranking: sum of price and specific goals scores, highest to lowest.

Contractual requirements (CSD registration, SHE, Quality, financial viability) are assessed after ranking and must be satisfied before award; they are not evaluation criteria.

Scope: Provision of legal services to the Eskom Group on an as-and-when-required basis. The panel is divided into 11 categories; tenderers may bid for one or more categories:

• Panel A: Administrative and Procurement Law
• Panel B: Banking, Tax and Finance Law
• Panel C: Commercial/Corporate Law
• Panel D: Construction Law
• Panel E: Energy/Renewable Energy Law
• Panel G: Intellectual Property
• Panel H: Insurance Laws
• Panel K: Mining Law
• Panel L: Regulatory Law
• Panel N: Criminal Law
• Panel P: Pension Fund Law

Gatekeeper requirements for every proposed attorney:

• Admitted and enrolled as an attorney under the Legal Practice Act.
• Attorneys Admission Certificate.
• Valid Certificate of Good Standing from the South African Legal Practice Council.
• Valid Fidelity Fund Certificate (section 84 of Legal Practice Act).

Service Level Agreement (Annexure 1.1.19) will govern the contractual relationship.

Quality requirements: Supplier Quality Management Method Statement, Quality Requirement Form A CAT, and acknowledgement of Eskom's OHS legal and other requirements (Annexure B).

SHE requirements: COIDA good standing certificate or proof of application, valid Letter of Good Standing, OHS Policy signed by CEO compliant with OHS Act Section 7.

Financial viability: audited financial statements may be required prior to award.

Additional registrations/documents per scope: ECSA, SACPCMP, CVs, permits, licences, specific registrations as applicable.

Cataloguing: successful tenderer may be required to provide cataloguing information and labelling per Eskom specifications; pricing schedule must include a line item for cataloguing if required.

Tenderers must submit a Technical Tender Information/Technical Response as part of the functionality evaluation (Annexure O criteria). This response should demonstrate the firm's approach, methodology, and capacity to deliver legal services in the selected panel categories. A Bidders Panel Declaration form must also be completed. Quality requirements include a Supplier Quality Management Method Statement and Quality Requirement Form A CAT. The methodology for service delivery will be governed by the Service Level Agreement (SLA) once appointed to the panel.

Pricing Schedule (Annexure 1.1.20) must be completed and submitted in PDF format by the closing date. Tenderers must provide resource rates for each category they are tendering for. Rates will be reviewed by Eskom's Quantity Surveyor against Eskom Standard Rates or Market Determined Rates. A marginal difference of up to 10% above the benchmark is permitted. If a rate exceeds the benchmark by more than 10%, Eskom will negotiate reduction to the benchmark rate; refusal to reduce disqualifies the tenderer for that category. Price evaluation is inclusive of VAT, corrected for arithmetic errors, excludes contingencies, adjusts for acceptable variations/deviations, uses NPV comparison if a programme is provided, considers unconditional discounts, and excludes conditional discounts from scoring (applied at payment). The 90/10 preference point system applies (price 90 points, specific goals 10 points). Cataloguing line item must be included in the pricing schedule if cataloguing is required.

Pricing model: rates-based contract. Tenderers must submit resource rates for each category tendered, in the completed Pricing Schedule (PDF) by closing date.

Rate review: Eskom's Quantity Surveyor will review rates against Eskom Standard Rates or Market Determined Rates. A marginal difference of up to 10% above the benchmark is allowed. If a rate exceeds the benchmark by more than 10%, Eskom will negotiate reduction to the benchmark rate; refusal to reduce disqualifies the tenderer for that category.

Payment terms:

• Contracts below R50 million (incl. VAT): payment within 30 days of receipt of undisputed invoice.
• Contracts above R50 million (incl. VAT): payment within 60 days of receipt of undisputed invoice.

Performance security: provision of a performance bond or demand guarantee will be determined at contract negotiation stage (not required at tender stage).

Price evaluation: inclusive of VAT, corrected for arithmetic errors, excluding contingencies, adjusted for acceptable variations/deviations, NPV comparison if programme provided, unconditional discounts considered, conditional discounts excluded from scoring but applied at payment.

No CIDB grading, Contract Skills Development Goals, or Contract Participation Goals apply.

Eskom reserves the right to negotiate with preferred bidders if tendered prices are not market-related.

Mandatory eligibility and compliance:

• B-BBEE status level 1, 2 or 3 only (valid B-BBEE certificate or sworn affidavit). Levels 4-8 and non-compliant are disqualified.
• Central Supplier Database (CSD) registration (CSD number/report).
• Tax compliance: SARS e-filing PIN for local tenderers; certified tax clearance certificate for foreign tenderers with SA footprint. Foreign suppliers with no SA footprint need only complete SBD 1.
• Tax Evaluation Questionnaire (Annexure K) to determine personal service provider status for PAYE.
• Employment Equity Act compliance (designated employers only): proof of EE report submission to Department of Labour.
• No restriction by National Treasury, Tender Defaulters list, Eskom, or international sanctions.
• No conflict of interest (common controlling partner/shareholder, information access/influence over other bidders).
• Not subcontracting 100% of scope.
• Joint venture agreement must stipulate joint and several liability, lead member, profit-sharing ratios, and single designated bank account.
• Tender signed by authorised person with supporting resolution/power of attorney per entity type (Annexure A).
• Integrity Pact Declaration (Annexure D) after reading Supplier Integrity Pact.
• CPA Requirements for Local Goods/Services (Annexure E) if applicable.
• SBD 1 (Annexure H), SBD 6.1 (Annexure I), SBD 4 (Annexure J) completed and signed.
• E-tendering Help Manual acknowledgement form.
• Scope of Work and Bidders Panel Declaration Form.
• SLA Service Level Agreement.
• Completed Pricing Schedule (PDF).
• Bidders Panel Declaration and Technical Tender Information/Technical Response for functionality scoring.
• COIDA certificate of good standing or proof of application (SA tenderers only).
• Quality Requirement documents: Supplier Quality Management Method Statement, Quality Requirement Form A CAT.
• Annexure B: Acknowledgement of Eskom's OHS legal and other requirements.
• Valid Letter of Good Standing.
• OHS Policy signed by CEO (compliant with OHS Act Section 7).
• Audited financial statements (prior to award).
• Additional professional registrations/documents per scope (ECSA, SACPCMP, CVs, permits, licences).

CIDB grading, CSDG, and CPG are not applicable.

SHE (Safety, Health and Environment) requirements apply and must be satisfied prior to contract award:

• COIDA: original certificate of good standing or proof of application issued by the Compensation Fund (COID) or a licensed compensation insurer (South African tenderers only).
• Valid Letter of Good Standing.
• OHS Policy signed by CEO, compliant with OHS Act Section 7.
• Annexure B: Acknowledgement of Eskom's OHS legal and other requirements form, signed and submitted by the tenderer.
• Quality requirements: Supplier Quality Management Method Statement, Quality Requirement Form A CAT.
• Additional safety/quality documents as required per scope of works.

These are contractual requirements assessed after evaluation and ranking; they are not evaluation criteria.

Contract form: Service Level Agreement (SLA).

Contract duration: not explicitly stated; panel appointment on as-and-when-required basis.

Payment terms: contracts below R50 million (incl. VAT) — 30 days from receipt of undisputed invoice; contracts above R50 million — 60 days.

Performance security: performance bond or demand guarantee to be determined at contract negotiation stage.

Cataloguing: successful tenderer may be required to provide cataloguing information and labelling per Eskom specifications; pricing schedule must include a cataloguing line item if required.

Eskom reserves the right to negotiate with preferred bidders if prices are not market-related.

Main contractors discouraged from subcontracting with subsidiaries; any such subcontracting must be declared.

Subcontractor list available via CSD (www.csd.gov.za).

Standard Conditions of Tender apply (www.eskom.co.za); Tender Data takes precedence in case of ambiguity.

Tender validity: one year from closing date and time.

Alternative tenders not allowed.

Joint ventures must have agreement with joint and several liability, lead member designation, profit-sharing ratios, and single designated bank account.

Eligibility exclusions: nationality on international sanctions list, multiple tenders by same entity/JV partner, JV without joint and several liability, conflict of interest, unauthorised signatory, National Treasury restriction, Tender Defaulters list, Eskom restriction, 100% subcontracting.

Evaluation follows a three-stage process:

1. Gatekeeper/mandatory compliance (pass/fail): B-BBEE level 1-3, attorney admission and good standing certificates, fidelity fund certificates, no restrictions/sanctions, no conflicts of interest, authorised signatory, CSD registration, tax compliance, all mandatory returnables submitted.
2. Functionality/technical evaluation (minimum 70% per sub-panel): criteria detailed in Annexure O; Bidders Panel Declaration and Technical Tender Information/Technical Response are assessed. Below 70% on any sub-panel leads to disqualification.
3. Price and Specific Goals (90/10 system): Price scored out of 90 (inclusive of VAT, corrected for arithmetic errors, excluding contingencies, adjusted for variations, NPV comparison if applicable, unconditional discounts considered). Specific Goals scored out of 10 per PPPFA 2022 B-BBEE level table (Level 1=10, 2=9, 3=6, 4=5, 5=4, 6=3, 7=2, 8=1, Non-compliant=0). Failure to submit B-BBEE evidence yields 0 points but does not disqualify. Final ranking by combined score highest to lowest.

Contractual requirements (CSD, SHE, Quality, financial viability) are assessed post-ranking before award; they are not evaluation criteria.