Design and construction of new hydrogen production plant at kendal power station (nec3 contract)

The NDA is effective 02 September 2024. The project duration is 11 months at Kendal Power Station. No closing date or briefing details are stated in the available text.

{"name":null,"email":null,"phone":null,"department":null,"address":"................... a company incorporated under the laws of [insert"}

Submit the completed Non-Disclosure Agreement (NDA) as part of the tender response. The NDA must be signed by an authorised representative of the bidder. No other submission instructions are stated in the available text.

The NDA requires bidders to be legally incorporated entities. No other eligibility criteria are stated in the provided document.

Supply, delivery and installation of New

Hydrogen H2 Production Plant for a period Project

third parties. For purposes of this clause, the Receiving Party’s Representatives shall

be deemed to be acting, in the event of a breach, as the Receiving Party’s duly

authorised agents.

3.6 Accordingly, the Receiving Party agrees to indemnify, defend and hold the Disclosing

shall not apply to any Confidential Information that:

8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by

the Disclosing Party;

8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement

by the Receiving Party;

8.3 is developed independently of the Disclosing Party by the Receiving Party in

circumstances that do not amount to a breach of the provisions of this Agreement;

8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent

jurisdiction or to comply with the provisions of any law or regulation in force from time

to time; provided that in these circumstances, the Receiving Party shall advise the

required to disclose and the Receiving Party will use its reasonable endeavours to

protect the confidentiality of such Confidential Information to the greatest extent

possible in the circumstances;

8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the

extent of such approval of the Disclosing Party;

8.6 is received from a third party in circumstances that do not result in a breach of the

provisions of this Agreement.

shall endure for a period of 3 (three) years after the date of termination of the

relationship between the parties or at a date specified in any subsequent agreement(s)

between the Parties in pursuance of the Project referred to herein.

Agreement and fail to remedy such breach within seven (7) business days from date

of a written notice to do so, then the Disclosing Party shall be entitled to invoke all

remedies available to it in law including, but not Ltd to, the institution of urgent

proceedings as well as any other way of relief appropriate under the circumstances, in

any court of competent jurisdiction, in the event of breach or threatened breach of the

14.2.1 will not result in a breach of any other Agreement to which it is a party; and

14.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third party;

and the Disclosing Party hereby indemnifies and holds the Receiving Party harmless

against any liability for third party claims on such a basis.

{"closingDate":"08 November 2024"}

{"name":null,"email":null,"phone":null,"department":null,"address":"nd to sign all documents in connection with the tender and any contract that may result from it on"}

The tenderer must complete the appropriate certificate for its category of organisation (company, close corporation, partnership, joint venture, sole proprietor, or trust) and attach the required certified supporting documents. For a company, a certified copy of the board resolution must be attached. For a partnership, the certificate must be signed by all partners necessary to commit the partnership. All bidders must complete and sign the summary table at the end of the form.

Bidders must complete the Authorisation Form and select the appropriate certificate for their entity type. For companies, a certified copy of the board resolution must be attached. For close corporations, a certified copy of the members' resolution. For partnerships, the certificate must be signed by all partners necessary to commit the partnership. For joint ventures, a certified copy of the Joint Venture Agreement and a power of attorney signed by all members are required. For sole proprietors, a declaration of sole proprietorship. For trusts, a certified copy of the trustees' resolution. All bidders must complete and sign the summary table at the end of the form.

Joint Venture Agreement which incorporates a statement

power of attorney in the case of

power of attorney signed by the legally authorised

{"closingTime":"2.2","briefingSession":"{"date":null,"time":null,"venue":"tend a site visit and/or clarification meeting that is stipulated as being","is_compulsory":true}"}

Tenderers must attend a site visit and/or clarification meeting that is stipulated as compulsory in order to familiarise themselves with the proposed work, services, supply, location or similar. Failure to attend a compulsory clarification meeting or site visit will result in disqualification. Details of the meetings are stated in the Tender Data. Tenderers are entitled to ask questions for clarity during the site visit or clarification meeting.

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

Tenderers must comply with eligibility criteria stated in the Tender Data. They must not be under any restriction to do business with Eskom or State-Owned Companies. Tenderers must not sub-contract 100% of the scope of work. Mandatory returnables must be submitted by the closing date and time; failure results in disqualification. If a compulsory site visit or clarification meeting is stipulated, attendance is mandatory. Tenderers must be registered on the CSD and provide tax clearance (SARS TCS or tax pin) as per Tender Data. B-BBEE level must be provided at closing if used as pre-qualification; otherwise, zero points under PPPFA. CIDB registration is required if stipulated in Tender Data; proof must be submitted at closing or within 21 working days. Proof of SHEQ systems, policies and capabilities must be provided. The SDL&I Undertaking must be completed and submitted by contract award. Tenderers must not have misrepresented or falsified any information; fraud or fronting leads to disqualification and reporting to the B-BBEE Commission. Tenderers must comply with all relevant legislation and regulatory instruments.

Supply Chain

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

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

Invitation to Tender documents.

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

Representative only, in w

of a tenderer.

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

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

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

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

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

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

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

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

the closing date and time for submission.

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

results in a permanent record.

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

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

insurance.

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

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

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

submission.

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

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

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

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

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

and base date as stipulated in the Invitation to tender.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

contract award

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

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

further evaluation.

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

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

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

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

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

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

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

award.

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

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

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

the evaluation Price.

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

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

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

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

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

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

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

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

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

corrected prices.

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

as follows: -

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

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

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

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

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

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

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

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

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

tendered total of the prices.

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

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

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

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

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

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

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

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

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

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

CSD report or as per certificate/affidavit provided

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

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

B-BBEE Details: kom Representative and

Agreement to sign the contract documents.

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

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

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

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

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

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

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

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

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

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

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

requirements tender.

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

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

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

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

tenders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

requirements tender.

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

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

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

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

tenders.

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

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

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

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

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

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

contract award

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

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

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

Government Gazette No. April 2023)

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

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

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

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

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

contract.

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

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

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

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

enterprises as established in the aforesaid standard applies to:

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

classes of construction works;

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

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

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

construction works:

Civil Engineering (CE)

Electrical Engineering Work (EB)

) General Building Works (GB)

) Mechanical Engineering (ME)

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

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

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

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

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

years and may even be sentenced to jail.

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

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

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

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

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

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

responses to clarifications.

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

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

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

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

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

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

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

in the Tender Data.

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

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

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

award.

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

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

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

connection with the Invitation to Tender.

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

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

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

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

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

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

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

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

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

in its tender, the prices will not be considered.

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

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

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

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

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

documents take account of:

 Addenda issued during the tender period;

 inclusion of returnables stipulated in the Invitation to Tender;

 inclusion of changes agreed in contract negotiations; and

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

tenderer during negotiations,

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

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

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

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

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

participating in the tender process at any point.

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

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

240-62044728 Rev 12 Eskom Standard Identifier

Conditions of Tender Effective Date 01 February 2025

Review Date January 2030

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

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

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

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

representations, warranties or statements.

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

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

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

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

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

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

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

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

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

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

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

is deemed to have concluded without an award.

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

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

documents in response to this Invitation to Tender.

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

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

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

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

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

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

compulsory will result in disqualification from participation.

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

correction of errors as required above.

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

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

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

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

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

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

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

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

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

then the tender will be disqualified.

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

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

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

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

but will score zero under PPPFA point allocation.

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

Eligibility: Tenderer must comply with eligibility criteria in Tender Data and not be under any restriction to do business with Eskom or State-Owned Companies. Tenderers are not permitted to sub-contract 100% of the scope of work; any tender based on 100% sub-contracting will be deemed ineligible and disqualified.

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

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

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

further evaluation.

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

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

the evaluation Price.

but will score zero under PPPFA point allocation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Design and construction of a new hydrogen production plant at Kendal Power Station. The works include concept design (90 days approval duration), detail design, and construction. The contract is based on NEC3 ECC3 with Eskom-specific amendments. The completion date for the whole of the works is 2 years after the contract date. Sectional completion dates are specified for concept design and detail design. The contract includes provisions for weather data (Annexure A), security clearance, asbestos management, and B-BBEE status maintenance.

{"briefingSession":"{"date":null,"time":null,"venue":"ion document QM58 (Quality Management","is_compulsory":false}"}

Returnable Documents: C1.1 Form of Offer and Acceptance 3

Bidders must be registered on the Central Supplier Database (CSD) and have a valid SARS tax clearance (TCS or tax pin). B-BBEE status is required for preference points. The contractor must be able to provide a performance bond and comply with Eskom's security clearance requirements (criminal verification record certificates for all personnel). The contract is subject to South African law and requires compliance with the Construction Regulations 2014 under the Occupational Health & Safety Act. No specific CIDB grading or local content percentage is stated in the document.

Construction Contract

Between ESKOM HOLDINGS SOC Ltd

(Reg No. 2002/015527/30)

and [Insert at award stage]

(Reg No. ___________ )

for New Hydrogen Production Plant at Kendal Power

Station.

Contents: No of

pages

Part C1 Agreements & Contract Data 3

Part C2 Pricing Data 9

Part C3 Scope of Work

Construction

Contract, April 2013 (ECC3)

10.1 The Employer is (Name): Eskom Holdings SOC Ltd (reg no:

2002/015527/30), a state-owned company

incorporated in terms of the company laws of the

Republic of South Africa

Address Registered office at Megawatt Park, Maxwell

Drive, Sandton, Johannesburg

10.1 The Project

Construction Contract

[Note to contract compiler:

Once it has been decided which securities are required for this contract delete from this file the ones

not required, revise the notes below accordingly and delete this note.]

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X4: Parent company gua

No: Unit Est. Rate Each Total Price

Qty

1. Preliminary and general

1.1 Fixed charge items

1 le 1

Eskom Kendal Power Station is situated approximately 40km Southwest of Witbank in the Mpumalanga

of the works ........................................................................................................................ 5

1.1 Executive overview ............................................................................................................................ 5

1.2 Employer’s objectives and purpose of the works .............................................................................. 5

1.3 Interpretation and terminology ........................................................................................................... 5

2 Management and start up. ..................................................................................................................... 8

2.1 Management meetings ...................................................................................................................... 8

2.2 Documentation control ....................................................................................................................... 8

2.3 Health and safety risk management .................................................................................................. 9

2.4 Environmental constraints and management ......

Payment Terms: payment certificate from the Project Manager in terms of core clause 51.1,

the Contractor provides the Employer with a tax invoice showing the amount due for payment equal to that

stated in the Project Manager’s payment certificate.

The Contractor shall address the tax invoice to Eskom Holdings SOC Ltd and include on each invoice the

following information:

• Name an

C1.1 Form of Offer and Acceptance 3

No specific requirements found

All material certificates for pipes, fittings and all components used

Pressure test certificate and the calibration certificates of the gauges used

Pressure test procedures

The manufacturer’s/repairer’s certificate

All corrective actions

Operating Philosophy including all alarm and trip values

Parts catalogue

Maintenance manual

Storage, packing and transportation instructions 2.6.3 Document Identification The Contractor is required to submit the Vendor Document Submission Schedule (VDSS) as per agreed dates to the delegated Eskom Representative. Eskom will pre-allocate document numbers on the VDSS and send back to the Contractor through the delegated Eskom Representative. The VDSS is revisable, and changes must be discussed and agreed upon by all parties. Changes in the VDSS can be additional documentation to be submitted, changes in submission dates or corrections in documentation descriptions, document numbers, etc. The Contractor’s VDSS shall indicate the format of documents to be submitted. 2.6.4 Document Submission All project documents must be submitted to the delegated Eskom Representative with transmittal note according to Project / Plant Specific Technical Documents and Records Management Work Instruction (24076992014). In order to portray a consistent image, it is important that all documents used within the project follow the same standards of layout, style and formatting as described in the Work Instruction. The Contractor is required to submit documents as electronic and hard copies and both copies must be delivered to the Eskom Representative with a transmittal note. In addition, the Contractor shall be provided with the following standards which must be adhered to

Project Plant Specific Technical Documents - Handover Works Instruction 240-124341168

Project Documentation Deliverable Requirement Specification 240-65459834.

Technical Documentation Classification and Designation Standard 240-54179170.

Project/ Plant Specific Technical Documents and Records Management Work Instruction 240

PART C3: SCOPE OF WORK C3.1 ECC3 EMPLOYER’S WORKS INFORMATION ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________ NEW HYDROGEN PRODUCTION PLANT AT KENDAL POWER STATION 2.6.4.1 Electronic Submission (SharePoint Transmittal) Electronic submissions could be done using the SharePoint Transmittal Site functionality and route. This shall be done by executing the following steps: 2.6.4.1.1 Bulk Submission The contractor shall submit all documentation to the employer’s representative as well as the Project’s Documentation Centre in the following media

Electronic copies shall be submitted to Eskom Documentation Centre through SharePoint transmittal site that will be provided during contract award.

Hard copies shall be submitted to the employer’s representative accompanied by the Transmittal Note.

For bulk document submission, the following link can be used https://zendto.eskom.co.za/ 2.6.4.1.2 Emails and other submission methods Electronic copies shall be submitted to the Eskom Representative email subject; Project Name_Discipline_Subject. Electronic copies that are too large for email will be delivered on large file transfer protocol and/or hard drives to the Project Documentation Centre. A notification email, with the transmittal note attached, shall be sent to the Eskom Representative. 2.6.5 Engineering Change Management All design change management shall be performed in accordance with the latest revision of the Eskom Project Engineering Change Management Procedure (240-53114026) and the Employer shall ensure that Contractor is provided with latest revisions of this procedure. Any uncertainty regarding this procedure should be clarified with the Employer. All design reviews will be conducted according to the Design Review Procedure (240-53113685). 2.6.6 Drawings Requirements The creation and control of all Engineering Drawings shall be in accordance with the latest revision of 24086973501: Engineering Drawing Standards – Common Requirements. The Contractor shall provide detailed “As Required” arrangement/dimensional drawings for each part of work to be done. No work will commence without approval of these drawings approved by the Engineering representative of the Employer. After the works have been completed, detailed “As-built” drawings shall be provided by the Contractor. The “As-built” drawings are subject to the Employer’s Engineering representative comments and approval. All drawings shall indicate new installation/modified parts as well as adequate existing pipework to which the items are connected. This shall be done in sufficient detail to easily identify the location of the installation. All drawings shall contain the following as a minimum

Description of component with AKZ number.

Layout of the pipework with dimensions and angles.

Bill of materials for all components traceable to the layout. BOM should include size, schedule, pressure rating or class, material, quantity etc.

Design and operating pressures and temperatures.

Proof Pressure Test requirements and pressures.

Design Code.

All drawing revisions must be provided as paper copies in original (in all cases at least A3) size as well as provided in .pdf format. PART C3: SCOPE OF WORK C3.1 ECC3 EMPLOYER’S WORKS INFORMATION ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________ NEW HYDROGEN PRODUCTION PLANT AT KENDAL POWER STATION To aid in the production of the drawings, the Contractor may request copies of P&ID’s and the equipment’s original drawings from the Employer’s Library. The availability of current plant drawings cannot be guaranteed. All required drawings shall be prepared in accordance with the requirements as specified in 240-86973501: Engineering Drawing Office and Engineering Drawing Standard. A drawing register (Master Document List, with document titles, document revision, status, transmittal details and project phase) which records the drawing’s information shall be maintained by the Contractor. Drawings to be prepared will include and not be limited to

Equipment drawings

Equipment lists

Isometric drawings and P&ID’s

Original Equipment Manufacturer (OEM) manuals and part catalogues

Set point and parameter lists

Three dimensional drawings requirements; DGN model 2.6.6.1 Drawings Format and Layout The creation, issuing and control of all Engineering Drawings will be in accordance with the latest revision of engineering drawing Standard 240-86973501. Drawings issued to Eskom will be a minimum of one hardcopy and an electronic copy that is editable. All Contractors are required to submit electronic drawings in Micro Station (DGN) format, and scanned drawings in pdf format. No drawings in TIFF, AUTOCAD or any other electronic format will be accepted. Drawings issued to Eskom may not be “Right Protected” or encrypted. The Employer reserves the right to use these drawings to meet other contractual obligations. The Contractor shall include the Employer’s drawing number in the drawing title block. Drawing numbers will be assigned by the Employer as drawings are developed. 2.6.7 Plant Coding and Labelling 2.6.7.1 Plant Coding Coding of the design shall be based on the latest revision of 240-93576498 KKS Coding Standard and the Employer shall undertake the coding in line with its standards. The KKS coding shall be applied during the design review stage(s) and cross referenced to all arrangement drawings, schematics, instructions, and manuals and where practical to spare parts list/manuals. The Contractor shall be required to include allocated coding to the electronic design drawings. The Employers KKS Standard shall be used to allocate codes to the plant or system included in the works. Plant Coding shall be undertaken by the employer and as such the service provider shall make available the following documentation to code: 1 Mechanical

B-BBEE Details: aking.

• Any new foremen/supervisors appointed by the Contractor after Contract Award or during provision

of the works are fully conversant with respect to details of the methodology and communication

process existing, prior to accessing the Site.

• All personnel employed on the site must have valid work permits and comply with all South African

labour laws and immigration regulations.

• All personnel must possess the necessary qualifications, skills, and experience relevant to their

roles.

4.1.2 BBBEE and preferencing scheme

• Tenderers will be required to maintain or improve their B-BBEE Recognition Level for the duration of

the contract, after contract award regarding any Broad Based Black Economic Empowerment (B-

BBEE) or preferencing scheme measures.

a) B-BBEE Level Compliance:

• The Contractor must maintain its B-BBEE status throughout the duration of the contract.

b) Skills Development and Enterprise Development:

• The Contractor must implement skills development initiatives as part of the project, including on-the-job

training, mentorship programs, or sponsorship of accredited training for local labourers and

subcontractors.

c) Audit and Verification:

• The Contractor’s compliance with B-BBEE and preferencing scheme requirements will be subject to

audit. All documentation related to B-BBEE compliance, including subcontracting agreements, invoices,

and training records, must be readily available for review upon request.

4.1.3 Accelerated Shared Growth Initiative – South Africa (ASGI-SA)

The Contractor complies with and fulfils the Contractor’s obligations in respect of the Accelerated and

Shared Growth Initiative - South Africa in accordance with and as provided for in the Contractor’s ASGI-SA

Compliance Schedule stated below

.

[Insert the agree

{"name":null,"email":null,"phone":null,"department":null,"address":"n the conditions of contract identified"}

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above

listed Parts.

signature of Date

witness

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and

of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange

the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be

provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this

agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall

constitute a repudiation of this agreement.

{"closingDate":"01 September 2020"}

{"name":null,"email":null,"phone":null,"department":null,"address":"submit proposals in a table below to develop the skills of unemployed"}

Section 1: Specific Goals

A maximum of 10 points may be awarded to a tenderer for the specific goal specified for the

tender. The points scored for the specific goal must be added to the points scored for price and the

B-BBEE Status Level of Number of points Number of points

Contributor (90/10 system) (80/20 system)

NB: The following documents are required to claim preference points,

Tenderer failing to provide documentation for the allocation of preference points will not be

• May only score point out of 90 for price
• Scores 0 points out of 10 for specific goals

Valves Valves 70%

construction and Development

Programme (RDP) Goals

Tenderers who complete and submit the objectives as required, but who do not meet Eskom’s

targets, will not be disqualified. SDL&I objectives do not form part of scoring but commitments will

form part of contractual obligations

1. Transformation – BBBEE Improvement or Retention Plan

Transformation rema

their supply network. In certain cases, the SETA’s accredited training providers can be approached

to participate in developing critical and scarce skills.

Note: That these targets for skills development candidates categorically exclude Eskom employees

and registered learners. The tenderers are required to take full responsibility for the total cost of

developing the requisite skills, and Eskom shall not make any financial contribution towards the

fulfilment of this obligation. Tenderers also are advised to approach their relevant SETAs to access

grants, subsidies, and incentives as well as South African Revenue Services for tax rebates that are

earmarked for skills development initiatives

Section 4: SDL&I Penalty and Performance Security

Eskom will apply a penalty of 1% of the Contract Value for failure to meet SDL&I obligations.

For the duration of the contract, Eskom will retain 1% of every invoice (excluding VAT) as security for

the fulfilment of all SDL&I Obligations. The retained amounts shall only be released to the Contractor

upon fulfilment of all SDL&I obligations by the contractor.

Section 5: Reporting and Monitoring

• The suppliers shall on a quarterly basis submit a report to Eskom in accordance with Data

tender response must be separated into its components as per the Price Schedule included with

the tender documents. Local procurement content is total spending minus the imported

component.

Proof of ownership / shareholding (preferably CIPC documentation) inclusive of shareholding

B-BBEE Minimum Level: 0

Points Allocation: 10 points

B-BBEE Details: nd Document Identifier 240-148918142 Rev 3

Industrialisation (SDL&I) Effective Date 01 September 2020

Strategy Setting Template Review Date September 2023

Description/ Scope of Work New Hydrogen H2 Protection Plant for a period of Twenty (20)

months at Kendal Power Station.

Duration of the Project 11 Months

Section 1: Specific Goals

A maximum of 10 points may be awarded to a tenderer for the specific goal specified for the

tender. The points scored for the specific goal must be added to the points scored for price and the

total must be rounded off to the nearest two decimal places.

B-BBEE Status Level of Number of points Number of points

Contributor (90/10 system) (80/20 system)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

NB: The following documents are required to claim preference points,

• Valid B-BBEE certificate issued by a SANAS accredited verification agency / sworn affidavit /

CIPS affidavit

• Proof of ownership / shareholding (preferably CIPC documentation) inclusive of shareholding

breakdown

• Certified ID copies of shareholder(s)
• Proof of Disability (where applicable)
• In a case of a trust, consortium or joint venture (including incorporated consortia and joint

ventures), a consolidated B-BBEE status level verification certificate.

Tenderer failing to provide documentation for the allocation of preference points will not be

disqualified, but’

• May only score point out of 90 for price
• Scores 0 points out of 10 for specific goals

Section 2: Objective criteria

Confidential

When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the

user to ensure it is in line with the authorised version on the system. No part o

ensure their validity:

• Name/s of deponent as they appear in the identity document and the identity number.
• Designation of the deponent as the director, owner or member must be indicated in order to know that person is duly

authorised to depose of an affidavit. (Mark the applicable option).

• Name of enterprise as per enterprise registration documents issued by the CIPC, where applicable, and enterprise

business address.

• Percentage of black ownership, black female ownership and designated group. In the case of specialised enterprises

as per Statement 004, the percentage of black beneficiaries must be reflected. (No blank spaces to be left).

• Indicate total revenue for the year under review and whether it is based on audited financial statements or

management account. (Mark the applicable option).

• Financial year end as per the enterprise’s registration documents, which was used to determine the total revenue.

(Financial year end to be stipulated by day/month/year).

• B-BBEE Status level. An enterprise can only have one status level. (Tick applicable level)
• Empowering supplier status must be indicated. For QSEs, the deponent must select the basis for the empowering

supplier status.

• Date deponent signed and date of Commissioner of Oath must be the same. (The sworn affidavit must be signed in

the presence of the Commissioner of Oath. Furthermore the Commissioner must also sign and stamp)

• Commissioner of Oath cannot be an employee or ex officio of the enterprise because, a person cannot by law,

commission a sworn affidavit in which they have an interest.

Name of tenderer :.....................................................

Tenderer representative :............................................

Representative signature:..........................................

Date: ...............................................

• Technical Documentation Classification and Designation Standard 240-54179170.

Electronic submissions could be done using the SharePoint Transmittal Site functionality and route. This

2.5 Quality assurance requirements ...................................................................................................... 10

f) The Contractor assesses the available data and knowledge explicitly. Any technical detail, policies,

imposed organisational conditions, contract conditions, specifications, overall programme

constraints, resource availability, long delivery items or any other factor of significance to Provide

the Works, are considered by the Contractor in his planning.

g) The Contractor provides work planning bar charts and resource schedules as agreed with the

4.2 Subcontracting ................................................................................................................................. 23

4.2.1 Preferred subcontractors ........................................................................................................... 23

4.2.2 Subcontract documentation, and assessment of subcontract tenders ...................................... 23

4.2.3 Limitations on subcontracting ...................................................... Error! Bookmark not defined.

4.2.4 Attendance on subcontractors ................................................................................................... 23

4.3 Plant and Materials .......................................................................................................................... 23

4.3.1 Quality ........................................................................................................................................ 23

4.3.2 Plant & Materials provided “free issue” by the Employer ........................................................... 23

4.3.3 Contractor’s procurement of Plant and Materials ...................................................................... 24

4.3.4 Spares and consumables .......................................................................................................... 24

4.4 Tests and inspections before delivery ............................................................................................. 25

4.5 Marking Plant and Materials outside the Working Areas ................................................................. 25

4.6 Contractor’s Equipment (including temporary works). ..................................................................... 25

4.7 Cataloguing requirements ................................................................................................................ 26

5 Construction .......................................................................................................................................... 26

5.1 Temporary works, Site services & construction constraints ............................................................ 26

5.1.1 Employer’s Site entry and security control, permits, and Site regulations ................................. 26

5.1.2 Restrictions to access on Site, roads, walkways and barricades .............................................. 27

5.1.3 People restrictions on Site; hours of work, conduct and records ............................................... 28

5.1.4 Health and safety facilities on Site ............................................................................................. 28

5.1.5 Environmental controls, fauna & flora, dealing with objects of historical interest ...................... 29

5.1.6 Title to materials from demolition and excavation...................................................................... 29

5.1.7 Cooperating with and obtaining acceptance of Others .............................................................. 30

5.1.8 Publicity and progress photographs .......................................................................................... 30

5.1.9 Contractor’s Equipment ............................................................................................................. 30

5.1.10 Equipment provided by the Employer ........................................................................................ 31

5.1.11 Site services and facilities .......................................................................................................... 31

5.1.12 Facilities provided by the Contractor ......................................................................................... 31

5.1.13 Existing premises, inspection of adjoining properties and checking work of Others ................. 32

5.1.14 Survey control and setting out of the works ............................................................................... 32

5.1.15 Excavations and associated water control ................................................................................. 32

5.1.16 Underground services, other existing services, cable and pipe trenches and covers ............... 32

5.1.17 Control of noise, dust, water and waste ..................................................................................... 32

5.1.18 Sequences of construction or installation .................................................................................. 32

5.1.19 Giving notice of work to be covered up ...................................................................................... 33

5.1.20 Hook ups to existing works ........................................................................................................ 33

5.2 Completion, testing, commissioning and correction of Defects ......... Error! Bookmark not defined.

5.2.1 Work to be done by the Completion Date .................................... Error! Bookmark not defined.

5.2.2 Use of the works before Completion has been certified ............................................................ 33

5.2.3 Materials facilities and samples for tests and inspections ......................................................... 34

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

installation, integration, testing, commissioning, certification, and handover of the new hydrogen production

plant at Kendal Power Station. Upon completion the new hydrogen production plant should be able to

reliably produce, store and supply sufficient hydrogen to meet the demand of the station.

interval

Kick off meeting prior of the Once at 09h00 morning Kendal Project Manager, Contractor, Engineer,

execution of the project. Power Supervisor, Planner, Quality Controller,

Project Progress feedback Daily at 09h00 morning Kendal Project Manager, Contractor, Engineer,

meeting during execution. Power Supervisor, Planner, Quality Controller,

compensation events. 13h30 Power Supervisor, Planner, Quality Controller

Overall contract progress Monthly at 09h00 Kendal Project Manager, Contractor, Engineer,

and feedback morning Power Supervisor, Planner, Quality Controller,

f) Kendal Emergency Preparedness Plan (*1015702)

g) Kendal Non-conformance, Corrective and Preventive Actions Procedure (*1017357)

h) Kendal Waste Management procedure (*1024102)

i) Hazardous substance procedure (*1018300)

j) Eskom Flash report

k) SHEQ File Index (*1027127)

l) Site Inspection Checklist (*1027246)

2.5 Quality assurance requirements

a. The Contractor or Supplier complies with the Employer’s quality and technical requirements

including those listed in the Employer’s specification document QM58 (Quality Management

Specification 240- 105658000).

b. The Contractor submits a QMS as a returnable schedule and uses it for all phases of the Project.

The QMS complies with the requirements of ISO 9001 standard. The Contractor provides evidence

of a fully implemented QMS as and when requested by the Employer. The Employer may at his sole

discretion carry out an audit on the Contractor, the Contractor’s suppliers and Subcontractors.

acceptance and prior to the commencement of work

The Contractor will supply the Employer with a QCP which will detail the Contractor’s organisation, quality

assurance and quality control procedures specific to this project. The QCP must be aligned to, and

reference ISO 10005:2005 QMS, guidelines for quality plans and in compliance with the guideline in QM

58(Quality Management Specification 240- 105658000). The QCP will make reference to the Contractor’s

a. The Contractor’s QMS compliance with the requirements of ISO 9001

b. Contractor’s quality manual

c. Contractor’s quality procedures

d. Contractor’s quality forms and work instructions

e. Contractor’s quality system documents referenced in this Works Information

site.

Quality Management employee’s responsibilities include but are not limited to the following:

a. Administration of QA/QC functions

b. Verification of approval status of their or Subcontractor’s QCP and procedures

c. On-and -offsite inspections

d. Co-ordination, inspection and verification of the Employer’s intervention points

e. Review of Contractor testing and inspection documents (procedures, test results)

requirement does not constitute a compensation event, during the execution of the Works: -

a. Updated QCP register

b. Inspection notifications accompanied by their inspection report

c. Non-conformance and Defects registers and reports

d. Updated Site and off-site inspection schedules.

e. Inspections completed/outstanding.

f. Inspection and test reports

a. The Contractor is accountable for the quality of the output and liable for any failures.

b. The Contractor is responsible for defining the level of intervention of QA/QC or inspections. These

are in line with the Employers requirements.

c. The interventions points include all witness, hold, verification and review points required by the

Employer. The Contractor’s failure to allow the intervention points will constitute a non-conformance.

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

a. The Contractor is responsible for the inspection of all the Works that is performed, and the Employer

only verifies that the Works is conducted as per the Contract.

b. The Contractor conducts all inspections in accordance with the accepted QCP / ITP.

c. The Contractor drafts a QCP or ITP which shows each activity and submits to the Employer for

acceptance.

d. The Contractor provides suitably qualified personnel to conduct on-and-offsite inspections

e. The Contractor ensures that all Works are inspected and approved before the Employer is invited for

verification.

Where NCR’s and Defect notifications are issued, the Contractor acknowledges receipt as per reply

period and proposes corrective and preventive actions to the Employer as per the contract response

period. The corrective and preventive actions will include the implementation and completion dates.

Progress on all NCR’s and Defect notifications issued to the Contractor must be reported to the Employer

on weekly basis.

a. The Contractor’s keeps a register of all NCR’s and Defect notifications issued

b. Deviations from the Contract are treated as a non-conformance.

c. Records of NCRs and Defect notifications are kept and form part of the data book records.

includes but not limited to the following:

a) A register of NCRs and defects

b) Updated QCP / ITP register

c) Planned and completed local and foreign inspection dates

d) Completed and outstanding Inspections

2.6 Configuration management requirements

2.6.1 General Requirements

The contractor shall include the employer’s drawing number in the drawing title block. This requirement only

applies to design drawings developed by the contractor and their subcontractors. It shall not apply to

drawings developed by manufacturers for equipment and material such as valves, instruments, etc. Drawing

numbers shall be assigned by the Employer as drawings are developed.

The project name shall be listed on all drawings, including manufacturers’ drawings. A separate sheet may

be attached to the submittal if needed to adequately list all tag numbers associated with the drawings such

as valves or instruments which may have numerous tag numbers associated with it.

employer on the previous revision if applicable and the response/corrective action taken by the contractor.

commission containing the following as a minimum if applicable:

• Scope of work
• Approved “As built” drawings
• Design calculations
• Approved QCPs
• Inspection reports
• Pipe reports if applicable
• As built drawings (isometric drawings and P&IDs)
• Material summary that gives full traceability between components used, drawings and material

certificates

• All material certificates for pipes, fittings and all components used
• Pressure test certificate and the calibration certificates of the gauges used
• Pressure test procedures
• The manufacturer’s/repairer’s certificate
• All corrective actions
• Operating Philosophy including all alarm and trip values
• Parts catalogue
• Maintenance manual
• Storage, packing and transportation instructions

2.6.3 Document Identification

The Contractor is required to submit the Vendor Document Submission Schedule (VDSS) as per agreed

dates to the delegated Eskom Representative. Eskom will pre-allocate document numbers on the VDSS and

send back to the Contractor through the delegated Eskom Representative. The VDSS is revisable, and

changes must be discussed and agreed upon by all parties. Changes in the VDSS can be additional

documentation to be submitted, changes in submission dates or corrections in documentation descriptions,

document numbers, etc. The Contractor’s VDSS shall indicate the format of documents to be submitted.

2.6.4 Document Submission

2.8 Contractor’s management, supervision and key people

• The Contractor provides the Project Manager with a detailed project organisation structure.
• The Contractor submits the project organisation structure to the Project Manager for acceptance

within two (2) weeks of the Contract Date.

• The Contractor ensures that his workforce is trained and competent to perform their respective

duties and that a formal health and safety induction training programme is provided.

• The Contractor’s inspection personnel familiarise themselves with the content of the Works

testing, delivery to Kendal Power Station site, off-loading, storage and preservation, installation, site testing,

cold and hot commissioning, project management, quality control, training, document configuration and

handover of the new hydrogen production plant for Kendal.

3.1 Employer’s design

At Kendal Power Station, the existing Hydrogen generating plant is supplied from the 11kV Station network

as follows:

• 01 BBA 12 AA001: 11kV Station Board 1, circuit 12, feeds a 0 5BHE: 380V Hydrogen Generating

Plant Board, circuit 1, via a single 11kV / 380V, 315 kVA, ONAN transformer.

0 1 BBA 11kV Station Board 1 0 2 BBA 11kV Station Board 2

1250 a

0 0 bht20

11kV / 380V

315 kVA

630 a

0 5 BHE 380V Hydrogen Gen Plant Board 01

Figure 3-1: Existing electrical supply to Hydrogen Generating Plant

1. The Employer provides the existing interface details of the current Hydrogen generating plant for

integration into the Contractor’s detail design (See Figure 4-1 and Table 4-2).

2. The Contractor designs the new Hydrogen generating plant’s electrical network, including all electrical

loads, with interface to the existing point of supply.

3. The Contractor assesses the installed power cables to the existing plant for reuse.

4. The Contractor assesses the installed earthing and bonding to the existing plant for reuse.

• Testing and Commissioning of the upgraded new hydrogen production plant shall be performed to

ensure that the system shall meet the functional requirements and performance criteria required for

the plant as stipulated. The following functions in addition to the tests stipulated shall be performed:

deviations must be obtained in writing from the Project Manager.

4.1 People

4.1.1 Minimum requirements of people employed on the Site

• The Contractor ensures that his workforce is trained and competent to perform their respective

duties.

• The Contractor’s inspection personnel familiarise themselves with the content of the work and the

• The Contractor ensures that co-ordinated and formally documented management system is in place

for the assurance of quality as specified in ISO 9001, Quality management Systems –

• The Project Manager is free to specify hold and witness points during the installation and on-site

testing stages of the project. The Contractor issues preliminary notification of such hold and witness

points by fifteen working days' advance notice to the Project Manager and confirms such hold and

witness points at least seven days prior to the activity.

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

• Rejected items must be removed from the Site promptly and replaced at the Contractor’s expense

without impacting the project schedule.

• Record-Keeping: The Contractor must maintain comprehensive records of all quality assurance and

control activities, including certificates of compliance, inspection reports, and test results.

• These records must be made available to the Employer upon request.
• The supplier will be expected to comply with the Supplier Quality Management Specification 240-

105658000 (previously called QM58) and ISO: 9001 requirements as per the relevant category

from 240-10565800 and other Eskom Holdings SOC Limited’s Standards and specifications

4.3.2 Plant & Materials provided “free issue” by the Employer

of the Plant.

4.4 Tests and inspections before delivery

• The Contractor provides Quality Plan for all equipment to be repaired to the Project Manager for

acceptance.

• The plan shall be reviewed and accepted to ensure all repaired items get to be checked prior to

delivery and installation.

• For all items that require replacement, Contractor shall in writing inform the Project Manager and

arrange for the Project Engineer to witness the equipment.

Approval of Delivery: No equipment, materials, or systems shall be delivered to the Working Areas until the

results of the tests and inspections have been reviewed and accepted by the Employer.

• The Employer may require adjustments or improvements based on the findings from the tests and

inspections before approval is granted for delivery.

4.5 Marking Plant and Materials outside the Working Areas

N/a

4.6 Contractor’s Equipment (including temporary works).

a) Design and Construction of Temporary Works:

If temporary works are required (e.g., scaffolding, temporary power supply), the Contractor must design,

procure, and construct these works in compliance with the relevant standards and regulations. The

temporary works must be fit for purpose and meet the specifications detailed in the Works Information.

b) Approval of Temporary Works:

Temporary works may be subject to the Employer’s approval before they are used on site. The

the Eskom Kendal safety induction.

• Site access control to Kendal Power Station will be arranged with the Project Manager after

successfully completing the safety induction.

• Alcohol and drug testing will be conducted at any time on all personnel entering the Kendal Power

d) Compliance and Monitoring

• The Contractor must comply with all applicable environmental regulations and standards.
• Regular inspections will be conducted by the Supervisor or environmental officers to ensure

compliance. Non-compliance may result in penalties or work stoppages.

5.1.6 Title to materials from demolition and excavation

• Description of component with AKZ number.
• Layout of the pipework with dimensions and angles.
• Bill of materials for all components traceable to the layout. BOM should include size, schedule,

pressure rating or class, material, quantity etc.

• Design and operating pressures and temperatures.
• Proof Pressure Test requirements and pressures.
• Design Code.
• All drawing revisions must be provided as paper copies in original (in all cases at least A3) size as

well as provided in .pdf format.

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

a) The Contractor submits a single programme that incorporates the services and work (programmes)

of all his Subcontractors. All contractual dates are integrated into the Contractor’s programme. The

programme includes the activities performed by Subcontractor(s), the interface points between

different Subcontractor’s work, the Employer’s operations, the work of Others as well as the

interface points between the Contractor’s work and the individual Subcontractor’s work.

b) The following reports are required as supporting documentation to the Accepted Programme:

i. Time analysis print-out

ii. Critical activities report

iii. Key event report

iv. Resource schedules and histograms

c) All programmes and reports are computer generated (MS project).

d) The first Accepted Programme (at the Contract Date) serves as a baseline for the Provision of the

• Ensure that the pipework of the new plant is compatible with the current storage vessels’ pipework

or replace the storage vessels’ pipework to be compatible with the new plant.

• Ensure that the plant and surrounding areas are protected in case of emergencies.

• Design, supply, install and commission new receiver inlet and outlet valve panels.

• Supply new safety valves and arrangement in accordance with 240-56227413: Eskom Hydrogen

• Provision of connections feeding into metering panel equipped with pressure transmitter and shut-

off valve for pressure below 500kPa and provide manual open from HMI when pressure is above

500kPa.

• Make provision for bulk hydrogen delivery to be offloaded into the receivers.

• Ensure that the new plant can meet the following design requirement:

the sender is included in the message as an attachment. This attachment includes

the Letter in PDF format.

3.2.2. In his reply the receiver includes the following text on the first line of the Message

Body: "Acknowledgement of receipt”. This acknowledgement of receipt is

contractually binding and serves as proof that the letter was delivered to the

receiver’s address (Core Clause 13.2).

3.2.3. When a reply to a letter is required, e.g. “Acceptance of documentation” the receiver

now becomes the sender and the procedure under for 3.1 and 3.2 is followed with

the receiver writing a new letter with a new reference number as described under

point 8

4. Correspondence delivered by hand:

4.1. Sender - The sender prepares the letter with a space for the receiver to sign and date

acknowledgement of acceptance. The sender signs the letter and prepares two copies of

the letter for delivery.

4.2. Receiver - The receiver signs both copies of the letter upon receipt and returns a signed

and dated copy to the sender.

5. Correspondence by fax:

5.1. Sender – The sender prepares the letter with a space for the receiver to sign and date

acknowledgement of acceptance. The sender signs the letter and sends it to the receiver

by fax.

5.2. Receiver - Upon receipt, the receiver signs and dates the letter and returns it to the sender

by fax, acknowledging receipt.

6. Drawings and other technical document transmittals

6.1. Transmittals are numbered as described in point 8.

6.2. The same procedure as for letters described under point 4 is followed for transmittals

7. All correspondence not transmitted with one of the methods described above will be deemed as

informal communication and not contractually binding. Only when a correspondence has been

acknowledged for receipt by the receiver by way of points 3.2, 4.2 or 5.2 will it be deemed

contractually binding.

8. Correspondence numbering scheme.

8.1. Project Manager - The numbering of all formal correspondence from the Project

Manager starts with a prefix K0XXX-B-E followed by the correspondence number 0001,

0002 etc. Example: K0XXX-B-E0021.

8.2 Contractor - The numbering of all formal correspondence from the Contractor starts with

a prefix K0XXX-B-C followed by the correspondence number 0001, 0002 etc.

Example: K0XXX-B-C0021.

8.3 During the project kick-off meeting the Project Manager informs the Contractor of the

numbering to be used to substitute the XXX in the numbering K0XXX-B- mentioned in 8.

and 8.2.

2.3 Health and safety risk management

procedures that are specified on the she specification and annexure B form that is issued on tender

documents:

a) Adhere to the OHS Act .

b) All staff will undergo Safety Induction, presented by Employer’s Safety Risk Department.

c) National Disaster Management Act Covid-19

2.4 Environmental constraints and management

• Any new foremen/supervisors appointed by the Contractor after the starting date or during the

project are fully conversant with the details of the Contractor’s methodology and communication

process in use, prior to accessing the working areas.

• The Contractor ensures that the rigging personnel are qualified with operating the chain blocks

and handling of other related lifting equipment to ensure personnel safety, productivity and

prevention of plant damage.

• The Contractor employs, in and about the Provision of the Works, only such persons that are

careful, competent and efficient in their several trades and callings.

• The Contractor ensures that his co-ordinators and employees are fluent in the language of the

• Employer working hours: Monday to Thursday 07h15 to 16h30 and Fridays 07h15 to 12h15.

• Abnormal working hours are pre-arranged with the Project Manager.

• Kendal emergency preparedness (e.g. evacuation, etc.) procedures are obtained from the Project

• Once the final status of the controller user program and the documentation is established, all the

controller functions need to be executed step-by-step again.

• If no faults are detected in the entire system commissioning, then the system is ready to be handed

over to the client.

3.3 Procedure for submission and acceptance of Contractor’s design

b) The Contractor prepares subcontracting document as according to the NEC Contract.

c) The Contractor must inform the Project Manager when intending to subcontract some of the works from

the contract scope.

d) The Contractor takes note that their Subcontractors Safety Files will be accepted by the Contractor

compliance before any work commence. Proof of acceptance by the Contractor Safety Manager needs to be

in the Safety file when handed over to Employer SHE Practitioners for verification.

e) The Contractor only employs qualified sub-contractors

4.2.3 Attendance on subcontractors

4.3 Plant and Materials

to Provide the Works, subject to the following constraints and requirements:

a) Transport to Site:

• The Contractor must arrange safe and secure transportation of materials to the Site, including

appropriate handling measures for fragile or hazardous materials.

• The Contractor must inform the Employer of delivery schedules to facilitate coordination at the Site.

b) Storage Before Installation:

• All Plant and Materials must be stored in accordance with manufacturer guidelines and Employer

requirements to preserve their integrity.

• The Contractor must provide secure and weatherproof storage facilities and take measures to prevent

theft, damage, or degradation of materials.

• Any materials stored on-site must not obstruct ongoing operations or safety measures.

c) Warranties:

• The Contractor must obtain warranties for all procured materials from suppliers.
• Where required by the Employer, warranties must be made in favour of the Employer, covering the

expected lifespan or performance requirements of the materials.

• Copies of all warranties must be submitted to the Employer for their records.

d) Compliance Monitoring:

• The Employer reserves the right to audit the Contractor’s procurement processes to ensure compliance

with the contract requirements.

• The Contractor must provide regular updates on procurement progress, including order status, delivery

schedules, and any anticipated issues.

e) Defective or Non-Compliant Materials:

• The Contractor must immediately notify the Employer of any defective or non-compliant materials.
• Replacement or rectification of defective materials must be at the Contractor’s expense, without

impacting the project schedule or quality.

the project program.

5.1 Temporary works, Site services & construction constraints

5.1.1 Employer’s Site entry and security control, permits, and Site regulations

a) Site Access Permits and Entry Requirements

• The Contractor’s personnel are required to attend an Eskom Kendal safety induction, provided by

the Project Manager, before allowed to enter and work on the site of Kendal Power Station. It is

the responsibility of the Contractor to ensure that all required personnel have attended the safety

induction.

• All personnel must obtain Site Access Permits issued by the Employer before entry.
• Valid identification documents (e.g., South African ID or passport) must be presented for security

clearance.

• Foreign workers must have valid work permits, and their details must be submitted for prior

approval.

• Access permits are non-transferable and must be displayed at all times.
• The Contractor provides his/her safety file for acceptance by the Project Manager. The Project

c) Vehicle Access

• Only vehicles authorized by the Employer will be permitted on Site.
• Vehicle permits must be obtained in advance, and all vehicles will be subject to security inspection

upon entry and exit.

d) Personal and Equipment Inspections

• Security personnel may conduct random searches of individuals, equipment, and vehicles entering

or leaving the Site.

• Any prohibited items found will be confiscated, and disciplinary action may be taken.

e) Compliance with Site Regulations

• All personnel must adhere to the Employer’s Site Regulations, including but not limited to:
• Health, Safety, and Environmental (HSE) standards.
• Emergency response protocols.
• Restricted areas and access zones.
• Behavioural and ethical guidelines.

f) Induction and Training

• All personnel must complete the Employer’s Site Induction Program before commencing work.
• Refresher training may be required periodically or as determined by the Employer.

g) Costs

• All costs associated with obtaining permits, access clearances, or delays caused by non-compliance

with entry requirements shall be borne by the Contractor.

h) Breach of Security Protocols

• Any breach of security protocols will result in immediate removal of the offending party from the Site.
• The Contractor may be held liable for any resulting damages, delays, or penalties.

5.1.2 Restrictions to access on Site, roads, walkways and barricades

a) Access Restrictions

• Authorized Areas Only: Personnel may only access areas designated for their work. Entry into

restricted or hazardous zones is strictly prohibited without prior approval.

• Work Zone Demarcation: The Employer will provide maps and plans identifying approved access

routes and restricted zones.

• Escort Requirements: Visitors and unauthorized personnel must be escorted by authorized

• Right of Way: Pedestrians, emergency vehicles, and operational machinery have right of way on

• Vehicle Restrictions: Oversized or heavy vehicles require prior clearance and may only operate

during designated times.

c) Barricades

Provision of Barricades: The Contractor must provide and maintain temporary barricades around

hazardous areas, open trenches, excavations, or ongoing work zones.

• Barricades must be highly visible and constructed to withstand environmental conditions.
• Employer’s Standards: Barricades must meet the Employer’s standards, including height, visibility,

and signage requirements.

• Signage: Appropriate warning signs must be placed on barricades to indicate the nature of the

hazard.

5.1.3 People restrictions on Site; hours of work, conduct and records

• Overtime and Extended Hours: Any work outside standard hours, including weekends or public

holidays, must be approved in advance by the Project Manager.

• Restricted Operations: Certain operations may be prohibited during specific hours due to

environmental, community, or operational constraints.

5.1.4 Health and safety facilities on Site

the Occupational Health and Safety Act (OHSA) and to address potential emergencies, disease outbreaks,

and other health risks:

• First Aid Facilities

Employer-Provided Facilities: First Aid stations equipped with basic medical supplies will be

available at the following locations on Site:

▪ Main Site Office

▪ Construction Area Safety Cabin

Trained Personnel: The Employer will ensure that trained first aiders are available during standard

working hours.

• Emergency Medical Services

Emergency Contact Numbers: A list of emergency contact numbers (ambulance, fire department,

nearest hospital, etc.) will be prominently displayed at all work areas and First Aid stations.

On-Site Ambulance: Where applicable, an on-site ambulance will be available to handle critical

medical emergencies.

• Disease Prevention and Epidemics

Hygiene Facilities: The Employer will provide handwashing stations, sanitizers, and hygiene posters

at key locations.

Vaccinations and Health Screening: Where required by local regulations or during epidemic

outbreaks, personnel must provide proof of vaccinations or undergo health screenings.

Isolation Facilities: A designated area will be set aside for isolating individuals showing symptoms of

contagious illnesses until medical assistance arrives.

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

• Emergency Procedures

Evacuation Plan: An emergency evacuation plan will be displayed at prominent locations on the Site.

Fire Safety: Fire extinguishers and fire alarms will be installed at all major work areas. The

• The design, content, and location of notice boards must be approved by the Project Manager.
• Notice boards must clearly display relevant project information, including but not limited to:

▪ Project name

▪ Employer’s name and logo

▪ Contractor’s name and logo

▪ Safety information and contact details

b) Progress Photographs

• The Contractor shall take progress photographs of the Works as directed by the Project Manager at

specified intervals or milestones.

• Photographs must be of high quality and provide a clear representation of the progress and condition

of the Works.

c) Ownership and Use of Photographs

• All photographs taken under this contract will become the property of the Employer.
• The Employer reserves the right to use the photographs for project documentation, reports

purposes.

5.1.9 Contractor’s Equipment

ensure operational safety and compliance.

cooling of all generators as it is an effective cooling agent and a cost-effective medium for the design of the

generators. The existing hydrogen production plant at Kendal is unavailable due to internal damages in the

electrolyser which will require asbestos gaskets to reseal the electrolyser if opened and fixed. Asbestos

gaskets can no longer be used at Kendal Power Station due to a once-off concession given by the

Department of Environmental Affairs back in 2010. The plant also has a significant number of aged and

obsolete critical equipment. It is recommended that the existing hydrogen production plant be replaced with a

newer technology High Pressure Hydrogen Production Plant.

a) Environmental Management System (ISO 14001, 2004)

b) National Environmental Management Act (Act )

c) Eskom SHEQ policy (32-727)

d) Kendal Environmental Aspect and Impact Identification, Rating and Management Procedure

(*1015586)

e) Kendal Environmental Communication Procedure (*1015692)

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

submission of any change communications is without prejudice to the Employer other rights

under this Contract.

i) Each party bears its own costs in relation to the preparation and agreement of each change

request and impact assessment

5.1.5 Environmental controls, fauna & flora, dealing with objects of historical interest

fauna and flora, and procedures for managing objects of historical or cultural significance on Site:

a) Environmental Controls

• Site Preservation: The Contractor must minimize environmental damage to the Site, including

avoiding unnecessary clearing or grading of land.

• Pollution Prevention: Measures must be in place to prevent air, soil, and water pollution.

b) Fauna & Flora

• Protection of Wildlife: The Contractor must avoid harming local wildlife. Any encounters with

protected species must be reported to the Employer and dealt with under the guidance of

environmental authorities.

• Vegetation Management:

▪ Avoid clearing vegetation outside designated work areas.

▪ For any unavoidable vegetation removal, the Contractor must consult the Employer or

environmental officer.

▪ Replanting or restoration may be required in disturbed areas.

c) Dealing with Objects of Historical Interest

• Identification and Reporting: If any objects of historical, archaeological, or cultural significance are

discovered during the works, the Contractor must immediately cease work in the affected area and

notify the Project Manager.

• Preservation: The Contractor must take steps to protect the object or area from damage or

disturbance until guidance is provided by relevant authorities or the Employer.

• Consultation: Work must not resume in the affected area until approval is given by the Project

Part 3: Scope of Work ..................................................................................................................................... 1

C3.1: Employer’s works Information ............................................................................................................. 2

1 Description of the works ........................................................................................................................ 5

1.1 Executive overview ............................................................................................................................ 5

1.2 Employer’s objectives and purpose of the works .............................................................................. 5

1.3 Interpretation and terminology ........................................................................................................... 5

2 Management and start up. ..................................................................................................................... 8

2.1 Management meetings ...................................................................................................................... 8

2.2 Documentation control ....................................................................................................................... 8

2.3 Health and safety risk management .................................................................................................. 9

2.4 Environmental constraints and management .................................................................................... 9

2.5 Quality assurance requirements ...................................................................................................... 10

2.6 Programming constraints ................................................................................................................. 16

2.7 Contractor’s management, supervision and key people ................................................................. 16

2.8 Invoicing and payment ..................................................................................................................... 17

2.9 Insurance provided by the Employer ................................................. Error! Bookmark not defined.

2.10 Contract change management ........................................................................................................ 17

2.11 Provision of bonds and guarantees ................................................................................................. 18

2.12 Records of Defined Cost, payments & assessments of compensation events to be kept by the

Contractor....................................................................................................... Error! Bookmark not defined.

2.13 Training workshops and technology transfer ..................................... Error! Bookmark not defined.

3 Engineering and the Contractor’s design .......................................................................................... 18

3.1 Employer’s design ........................................................................................................................... 18

3.2 Parts of the works which the Contractor is to design ...................................................................... 18

3.3 Procedure for submission and acceptance of Contractor’s design ................................................. 19

3.4 Other requirements of the Contractor’s design................................................................................ 20

3.5 Use of Contractor’s design .............................................................................................................. 21

3.6 Design of Equipment ....................................................................................................................... 21

3.7 Equipment required to be included in the works ............................................................................. 21

3.8 As-built drawings, operating manuals and maintenance schedules . Error! Bookmark not defined.

4 Procurement .......................................................................................................................................... 22

4.1 People .............................................................................................................................................. 22

4.1.1 Minimum requirements of people employed on the Site ........................................................... 22

4.1.2 BBBEE and preferencing scheme ............................................................................................. 22

4.1.3 Accelerated Shared Growth Initiative – South Africa (ASGI-SA) ............................................... 22

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

a) The newly introduced system shall yield improved plant performance, availability and reliability by

ensuring suitable production, storing and supplying of the efficient hydrogen to meet the demand

of the station.

b) To resolve the existing issues of obsolescence & limited spares availability.

c) To upgrade the system to latest codes & standards.

d) The system shall be easily maintainable by making use of a hydrogen production.

e) To maintain and improve the current operating, alarm and control philosophy for the plant/unit after

upgrade.

f) Extend the life expectancy of the respective plant.

g) Ensure that the plant is of a high-quality standard.

h) Ensure selection technology options are in line with best industry practise and as per latest

standards.

1.3 Interpretation and terminology

provides these to the employer on prior written notice at any time notwithstanding the expiry or termination of

the contract.

2.6.2 Documentation Requirements

All documents supplied by the contractor shall be subject to Eskom’s approval. Documents such as QCP’s,

Method Statements and other documents impacting the work shall be approved by the Employer at least 3

working days prior to commencement of the works.

To aid in the production of the drawings, the Contractor may request copies of P&ID’s and the equipment’s

original drawings from the Employer’s Library. The availability of current plant drawings cannot be

guaranteed.

All required drawings shall be prepared in accordance with the requirements as specified in 240-86973501:

Engineering Drawing Office and Engineering Drawing Standard. A drawing register (Master Document List,

with document titles, document revision, status, transmittal details and project phase) which records the

drawing’s information shall be maintained by the Contractor.

coding technician who will interact with the Service Provider in coding the plant as listed above. It may be

required that the person be based at the Service provider’s offices full time. The Service Provider will then be

required to include allocated codes to all other designs and related documentation. It is also the

responsibility of the Service Provider to consistently apply the KKS codes throughout the rest of the technical

documentation which shall include, but not limited to:

• Load schedules

• Board parts lists

• Cable block diagram

• Termination diagram

• Drive & actuator schedules

• Instrument schedules

• Alarm lists, loop diagrams

• Signal lists

• Schematic diagrams

• Termination diagrams

• Logic diagrams, etc.

The Service provider shall ensure that all documentation is coded (as per the codes assigned by the

technician) prior submission to Employer for review.

2.6.7.2 Plant Labelling

2.11 Provision of bonds and guarantees

The form in which a bond or guarantee required by the conditions of contract (if any) is to be provided by the

Contractor is given in Part 1 Agreements and Contract Data, document C1.3, Sureties.

Contractor does not affect the Employer’s right to termination stated in this contract.

3 Engineering and the Contractor’s design

the designs has occurred. The review and approval shall be submitted to the Project Manager.

• The Contractor shall provide to the Project Manager and relevant Construction Management

personnel the documentation for the warranties from manufacturers or suppliers of all equipment

required.

• All the required documentation will be made available by relevant Construction Management

personnel to the Contractor regarding the codification of equipment as well as the freight, storage,

and delivery requirements within the Eskom sites prior to the procurement of any equipment required

for the execution of the structures to be built within the area.

• The Contractor is solely responsible for providing the protection of the equipment from damage or

loss due to weather, fire, theft, unexplained disappearance or similar during the execution of the

works.

• The Contractor shall bear the cost of the replacement of any equipment or part thereof damaged or

requiring replacement and all such cost shall be covered as per the required construction insurance

taken out by Contractor for the construction of the works at that area.

• The liability of the use of such equipment in the execution of the works shall remain that of the

Contractor (i.e this includes the design and transport, storage, maintenance, use of the equipment).

3.7 Equipment required to be included in the works

• All documentation, including reports, manuals, etc. is in the English language.
• The technical, training, operating and maintenance manuals are provided for each type of a

functional unit. Technical manuals include all technical data as well as the technical data and leaflets

of each individual component provided. Where generic manuals are provided, an addendum is

provided indicating the applicable project specific components.

• The Contractor will not use Plant or Materials which are generally recognised as being unsuitable or

otherwise to be avoided for the purpose for which they are intended.

• Only components of high reliability will be utilised, with a proven operating history, to enable the

manufacture will accord with the best modern practice applicable to high-grade products of the type

to be furnished, so as to ensure the efficiency and reliability of the Works and the strength and

suitability of the various parts for the Works.

• Plant and Materials withstands ambient conditions and the variations of temperature arising under

working conditions without distortion, deterioration or undue strains in any part.

• All parts are made accurately, and where practicable, to standard gauges so as to facilitate

replacement and repairs. Like parts are interchangeable.

• No repair of defective Plant and/or Materials will be permitted without the Project Manager’s

acceptance and any such repair, if accepted, will be carried out to the satisfaction of the Project

the Employer for review and approval.

c) Liability and Responsibility for Temporary Works:

works used during the contract. The Employer or Project Manager does not assume liability for the

design, construction, or use of such works.

Part c3: scope of work c3.1 Ecc3 employer’s works information

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

which meets safety, reliability and operability criteria and performs all control, safety and protection functions

as detailed in the Works Information.

eTendering system is a web-based system that allows suppliers bidding for various tenders advertised on Tender Bulletin system to “upload” their tender documents. Currently the tenderers or suppliers submit tender documents at various Eskom tender offices. eTendering system replaces the manual or physical submission of tender documents at various Eskom tender offices. eTendering system in a nutshell is an electronic box where tender documents can be “dropped” or “uploaded”. Suppliers will be required to register their details before they can be granted access to the eTendering system. An OTP (one time pin) will be sent to both their cell phone and email address.

eTendering system is a web-based system that allows suppliers bidding for various tenders advertised on Tender Bulletin system to “upload” their tender documents. Currently the tenderers or suppliers submit tender documents at various Eskom tender offices. eTendering system replaces the manual or physical submission of tender documents at various Eskom tender offices. eTendering system in a nutshell is an electronic box where tender documents can be “dropped” or “uploaded”. Suppliers will be required to register their details before they can be granted access to the eTendering system. An OTP (one time pin) will be sent to both their cell phone and email address.

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{"closingDate":"27 January 2025"}

{"name":"__________________________________________________________","email":null,"phone":null,"department":null,"address":null}

{"name":null,"email":null,"phone":null,"department":"y Unrest","address":"C Ltd (reg no"}

at Quality Assurance

11.2(3) The completion date for the whole of the 2 Years after the contract date

works is

11.2(9) The key dates and the conditions to be Condition to be met key date

met are:

NEW HYDROGEN PRODUCTION PLANT AT 1 Completion of H2, include As per accepted

KENDAL POWER STATION the delivery, installation, programme (90

commission, testing, days duration).

training and handover of

New H2 Plant as per

accepted, also to be registered

at Quality Assurance

been discovered on reasonable inspection by the

date, without requiring any inspection not

ordinarily carried out by the Employer or the

any inspection over and above the reasonable

inspection, this does not place a greater

responsibility on the Employer or the Supervisor

to have discovered the Defect.

occupational hygiene inspection body, i.e. a SANAS accredited and Department of

Payment Terms: Payment terms may change, subject to

the contract value which will be discussed with a

potential supplier.

(Note: No advance payment will be made/

arranged. Payment certificate to be completed

after the assessment is done and both parties

agreed)

51.1 The currency of this contract is the South African Rand.

51.2 The period within which payments are

mad

No specific requirements found

B-BBEE Details: med to be jointly and

severally liable to the Employer for the performance of this contract.

Z2.2 Unless already notified to the Employer, the persons or organisations notify the Project Manager

within two weeks of the Contract Date of the key person who has the authority to bind the

Contractor on their behalf.

Z2.3 The Contractor does not alter the composition of the joint venture, consortium or other

unincorporated grouping of two or more persons without the consent of the Employer having been

given to the Contractor in writing.

Z3 Change of Broad Based Black Economic Empowerment (B-BBEE) status

Z3.1 Where a change in the Contractor’s legal status, ownership or any other change to his business

composition or business dealings results in a change to the Contractor’s B-BBEE status, the

Contractor notifies the Employer within seven days of the change.

Z3.2 The Contractor is required to submit an updated verification certificate and necessary supporting

documentation confirming the change in his B-BBEE status to the Project Manager within thirty

days of the notification or as otherwise instructed by the Project Manager.

Z3.3 Where, as a result, the Contractor’s B-BBEE status has decreased since the Contract Date the

Employer may either re-negotiate this contract or alternatively, terminate the Contractor’s

obligation to Provide the Works.

Z3.4 Failure by the Contractor to notify the Employer of a change in its B-BBEE status may constitute a

Part c1: agreements and contract data c1.2A Ecc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________

New hydrogen production plant at kendal power station

reason for termination. If the Employer terminates in terms of this clause, the procedures on

termination are P1, P2 and P3 as sta

programme.

30.1 The access dates are no access will be Part of the Site Date

permitted if the following documents are

not met.

1. Safety file to be approved first. 1 H2 plant at Kendal Power As per accepted

(subject to the approval of (90days).

Safety file).

3. Complete QCP’s to be

submitted to the System

contractor will not be able to report on duty

within period mentioned above, he/she must

inform the Eskom Project Manager on time.

rights, and does not give rise to an estoppel unless the Parties agree otherwise and confirm such

agreement in writing.

Z6 Health, safety and the environment: Add to core clause 27.4

Z6.1 The Contractor undertakes to take all reasonable precautions to maintain the health and safety of

persons in and about the execution of the works. Without limitation the Contractor:

• accepts that the Employer may appoint him as the “Principal Contractor” (as defined and

provided for under the Construction Regulations 2014 (promulgated under the Occupational

Health & Safety Act ) (“the Construction Regulations”) for the Site;

• warrants that the total of the Prices as at the Contract Date includes a sufficient amount for

proper compliance with the Construction Regulations, all applicable health & safety laws and

regulations and the health and safety rules, guidelines and procedures provided for in this

contract and generally for the proper maintenance of health & safety in and about the

execution of works; and

• undertakes, in and about the execution of the works, to comply with the Construction

the regulations published in GNR February 2002, under the Occupational Health

and Safety Act, 1993 (Act ) (“Asbestos Regulations”). The OEL for asbestos is 0.2

regulated asbestos fibres per millilitre of air as a 4-hour TWA, averaged over any continuous

period of four hours, and the short term exposure limit of 0.6 regulated asbestos fibres per

millilitre of air as a 10-minute TWA, averaged over any 10 minutes, measured in accordance

with HSG248 and monitored according to HSG173 and OESSM.

Z15.2 Upon written request by the Contractor, the Employer certifies that these conditions prevail.

and related control measures at the Contractor’s expense. For the purposes of compliance

the results generated from Parallel Measurements are evaluated only against South African

statutory limits as detailed in clause Z15.1. Control measures conform to the requirements

stipulated in the AAIA-approved asbestos work plan.

Z15.3 The Employer manages asbestos and ACM according to the Standard.

Z15.4 In the event that any asbestos is identified while Providing the Services, a risk assessment is

conducted and if so required, with reference to possible exposure to an airborne concentration

of above the AL for asbestos, immediate control measures are implemented and relevant air

monitoring conducted in order to declare the area safe.

Z15.5 The Contractor’s personnel are entitled to stop working and leave the contaminated area

forthwith until such time that the area of concern is declared safe by either Compliance

emergency asbestos work plan, if applicable.

Z15.6 The Contractor continues to Provide the Services, without additional control measures

presented, on presentation of Safe Levels. The contractually agreed dates to Provide the

each person is required to access premises, installations or sites, systems or information. The

Employer may require updated certificates and identifying documents every 26 to 52 weeks,

subject to safety and security concerns and the risk rating of the works or services undertaken

and/or premises, installations or sites, systems or information.

Z16.4 If any such criminal verification record security clearance certificates is cancelled, withdrawn,

invalidated, amended, or expires, or a criminal conviction is noted against any person requiring

access, even if an appeal against the criminal conviction has been noted, the Project Manager

may instruct the Contractor to ensure that such person leaves the premises, installations or

site/s and is blocked from systems and information and the giving of this instruction is not a

compensation event.

Part c1: agreements and contract data c1.2A Ecc3 contract data part 1

ESKOM HOLDINGS SOC Ltd CONTRACT NO. ________________

Non-Compliance with Safety and R2 500.00 per day until Capped at R25 000.00

Environmental Standards: The compliance is achieved

safety barriers and warning signage

around the New H2 Hydrogen

production plant within 48 hours of

site possession.

Non-Compliance with Quality R2 500.00 per day until Capped at R25 000.00

Standards: Failure to complete a compliance is achieved

quality control plan and ITP(s) for

review and acceptance by Eskom

prior to the commencement of any

work.

Late Submission of Completion R2 000.00 per day of delay Capped at R20 000.00

Documentation: Contractor fails to

provide final documentation within

agreed milestone period

Part c1: agreements and contract data c1.2A Ecc3 contract data part 1

environmental laws and regulations and rules, guidelines and procedures otherwise provided for

under this contract and ensures that his Subcontractors, employees and others under the

Contractor’s direction and control, likewise observe and comply with the foregoing.

Z7 Provision of a Tax Invoice and interest. Add to core clause 51

Z7.1 Within one week of receiving a payment certificate from the Project Manager in terms of core

clause 51.1, the Contractor provides the Employer with a tax invoice in accordance with the

dates are extended by the notification periods required by regulations 3 and 21 of the

Asbestos Regulations, 2001.

Z15.7 Any removal and disposal of asbestos, asbestos containing materials and waste, is done by a

registered asbestos contractor, instructed by the Employer at the Employer’s expense, and

conducted in line with South African legislation.

Z16 Security Clearance/ Criminal Checks

{"closingDate":"31 May 2024"}

{"name":null,"email":"[email protected]","phone":null,"department":null,"address":"note specifying the means of transport, weight, number or volume as appropriate and"}

supply the goods or

execute the works

240-59385009 Rev 3 Eskom General Conditions Identifier

of Purchase Effective Date 31 May 2024

Review Date May 2029

9. REJECTION: If the Supplier fails to comply with his obligations under the agreement, Eskom may reject any

part of the goods by giving written notice to the Supplier specifying the reason for rejection and whether

replacement of goods or re-work is required.

 In the case of goods delivered, Eskom may return the rejected goods to the Supplier at the Supplier's risk

and expense. Any money paid to the Supplier in respect of the goods not replaced within the time required,

together with the costs of returning rejected goods to the Supplier and obtaining replacement goods from a

third party, shall be paid by the Supplier to Eskom.

 In the case of works/services, the Supplier shall correct non-conformances/defects as indicated by Eskom.

3. PRICE AND PAYMENT: The prices or rates for the items stated in the agreement may include an amount

for price adjustment, which is calculated in accordance with the formula stated in the agreement. The

rate shall be used to convert from this currency to South African Rand (ZAR). Payment to the Supplier in

any currency other than ZAR shall not exceed the amounts stated in the agreement. Eskom’s CPA (IG)

form must be duly completed by the Supplier. Eskom will pay for the item within 30 days after receipt of a

correct Tax invoice. Eskom’s VAT registration number (4740101508) has to appear on the tax invoice,

before any payment will be made, as from 1 June 2004.

4. DELIVERY AND DOCUMENTS: ‘Delivery’ means delivery of goods or completion of work (if any) in

compliance with the terms and conditions of the agreement at the point of delivery/site specified in the

agreement on or before the date stated in the agreement. Late deliveries of the goods or late completion

of the works/services may be subject to a penalty as stated in the agreement. No payment shall be made

if the Supplier does not provide the goods/services/works as stated in agreement. Where goods are to be

delivered the Supplier shall:-

 clearly mark the outside of each consignment or package with the Supplier's name and full details of

the destination in accordance with the order and include a packing note stating the contents thereof;

 send an advice note specifying the means of transport, weight, number or volume as appropriate and

the point and date of dispatch, to Eskom at the address for delivery of the items;

 send a detailed Tax invoice to Eskom after delivery of the goods or after completion of the

works/services;

 state the agreement number on all communications in respect of the agreement; and

 state in his tender whether delivery cost is included in the price. If not, it will be deemed to be included.

5. CONTAINERS / PACKING MATERIAL: Unless otherwise stated in the agreement, no payment shall be

made for containers or packing materials or their return to the Supplier.

6. ACCEPTANCE: The goods/works/services shall at all times be subject to the approval of Eskom, who may

inspect and/or test the goods/works/services as well as the workmanship at any stage of the work. Should

corrected by a third party at the Supplier’s costs.

10. INDEMNITY: The Supplier indemnifies Eskom against all actions, suits, claims, demands, costs, charges

and expenses arising from the negligence, infringement of intellectual or legal rights or breach of statutory

duty of the Supplier, his subcontractors, agents or servants or the rights of others, or from the Supplier's

defective design, materials or workmanship.

11. WARRANTY: Without prejudice to any other rights of Eskom under these conditions, the Supplier warrants

that the goods/works/services are fit for the purpose for which they are intended and that they will remain

free from defects for a period of one year (unless otherwise stated in the agreement) from acceptance. If

a defect/non-conformance is found with the goods/works/services within this period, the Supplier shall

rectify the defect/non-conformance within an agreed time period, free of cost to Eskom. The Supplier shall

use reasonable skill and care to provide the goods/ works/services as described in the contract.

12. ASSIGNMENT AND SUBCONTRACTING: Neither party hereto may cede or delegate any of its rights and

obligations to any person without the written consent of the other or sub-contracting by the Supplier.

obligations under this agreement to any of its subsidiaries or any of its present divisions or operations

which may be converted into separate legal entities as a result of restructuring.

13. STATUTORY REQUIREMENTS: The Supplier shall adhere to all statutory requirements relevant to the

agreement which is governed by the law of the RSA and the parties hereby submit to the jurisdiction of

the SA courts.

14. .BREACH: Subject to clause 15 (fifteen) hereof, should either party breach any condition of the agreement

and fail to rectify or remedy the default, and after receiving written notice from the non-defaulting party, the

latter shall be entitled to terminate the agreement.

15. TERMINATION: Eskom may terminate at any time (without prejudice to any right of action or remedy which

has accrued or thereafter accrues to Eskom) if the Supplier defaults in due performance of the agreement,

or becomes bankrupt or otherwise is, in the opinion of Eskom, in such financial circumstances as to

prejudice the proper performance of the agreement.

16. ETHICS: Eskom is committed to the highest standard of ethical behavior and expects the same from all

our suppliers.

{"name":null,"email":null,"phone":null,"department":"s) of 686 MW each, the station capacity is 4116","address":null}

System, shall be trained and successful completion of Kendal’s authorization / evaluation process,

3.1 General

• The Contractor complies with all Site procedures and instructions, copies of which if not included in

this contract specification, are made available by the Project Manager at Kendal Power Station.

• The onus is on the Contractor to ensure his familiarity with the Employer's Site procedures,

regulations and inspections. Contractor to work safe and have good hose keeping

3.2 Site Regulations

Part c4: site information c4 ecc3 site information

Employer’s name: contract number _____________

No specific requirements found

B-BBEE Minimum Level: 1619

1.4 Supply of electricity

Electric power for construction, both 220V AC and 380V 3-phase supply, is supplied at Site free of

charge, but connection fees are for the Contractor's account. All installations comply with the details

set out in Kendal Maintenance Procedure- Contractor's Temporary Electrical Equipment Supply, and

Construction Power Supplies (Occupational Health and Safety Act - Act ) and the Kendal

safety standards and maintained in safe and proper working condition. The Employer has the right to

stop the Contractor's use of any electrical equipment or appliance which in the Employer's opinion

does not conform to the foregoing

2.3 Conditions of supply for erection

arranged with the Project Manager.

• The Contractor's electrical installation is inspected and tested by an accredited person to ensure

that it complies with the requirements of the Occupational Health and Safety Act, 1993 and the

code of Practice for wiring of premises, SABS 0142.

• After certificate of compliance is obtained, the Employer inspects the electrical installation and if

satisfied, it is connected and supplied from the construction power supply.

2.4 Warning

The Contractor complies with Employer’s site regulations as stipulated in Procedure, covering the

following:

• Clean lines
• Storage of material
• Safety precautions and fire prevention
• Permits to work
• Other Contractor's work
• Representation of sub-Contractors
• Maintenance staff to witness erection
• Supervision
• Handing over of works
• Contractor's Site

3.4 Permits

• All Contractors will ensure that they are informed of all the requirements of Eskom’s Plant Safety

connection points of water, electricity and toilet facilities cannot be guaranteed.

1.1.1 Is the contractor needed on site on a daily basis to carryout his/her contractual duties?

1.1.2 Does the nature of contract activities demand that the contractor be involved continuously,

with his/her contractual duties for the whole day for four (4) or more days in a week?

1.1.3 In a case of a break down, is the contractor required to respond to the call out within 15

minutes?

1.1.4 Is there any statutory regulation/s that warrants that the contractor must operate within the

premises of Kendal Power Station for the delivery of contractual obligations?

1.1.5 The Contractor is responsible for keeping the site in good state of maintenance and is

responsible to ensure that at the end of the Contract period, he informs the Site Manager to

inspect the site at least thirty days (30) before the Contract end date. The Contractor shall

vacate the site allocated to him at the end of the Contract or on termination of the Contract

{"name":null,"email":null,"phone":null,"department":null,"address":"ce to the above numbered contract made or to be made between"}

not required, revise the notes below accordingly and delete this note.]

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Options:

Option X4: Parent company guarantee

Option X13: Performance Bond

Option X14: Advanced payment to the Contractor

Each of these secondary Options requires a bond or guarantee “in the form set out in the Works

Information”. Pro forma documents for these bonds and guarantees are provided here for convenience

but are to be treated as part of the Works Information.

Option X16: Retention (not used with Option F)

receives and accepts a Retention Money Guarantee exactly in the form stated he will instruct the Project

Manager not to assess any amount be retained in terms of secondary Option X16.

letterhead without any change to the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Pro forma Parent Company Guarantee (for use with Option X4)

(to be reproduced exactly as shown below on the letterhead of the Contractor’s Parent Company)

on behalf of the Contractor’s

parent company

of physical address

and duly authorised thereto do hereby unconditionally guarantee to the Employer that the Contractor shall

performance (whether or not the Agreement be formally determined). The Employer is to notify us and

we shall indemnify the Employer for any additional cost or expense it incurs.

of South Africa and we hereby submit to the non-exclusive jurisdiction of the High Court of South Africa.

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Signature of Witness(s)

Name(s) (printed)

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Pro forma Performance Bond – Demand Guarantee (for use

with Option X13)

(to be reproduced exactly as shown below on the letterhead of the Contractor’s Parent Company)

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Performance Bond – Demand Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: ...... [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be

inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between

Eskom and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No.

[.]as amended, varied, restated, novated or substituted from time to time; [Drafting Note:

Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under

Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Eskom” - means Eskom Holdings SOC Ltd, a company registered in accordance with the

laws of the Republic of South Africa under Registration Number 2002/015527/30].

1.6 “Expiry Date” - means the date on which the Defects Certificate is issued in terms of the

1.7 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.8 “Project” - means [insert if applicable.].

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in

our respective capacities as _____________ and ___________ of the Bank, and duly authorized

thereto, confirm that we hold the Guaranteed Sum at the disposal of Eskom, as security for the

proper performance by the Contractor of all of its obligations in terms of and arising from the

the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and

shall:

3.1 be signed on behalf of Eskom by a Group Executive, Divisional Executive, Senior General

Manager, General Manager or its delegate;

3.2 state the amount claimed (“the Demand Amount’);

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances;

and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the

Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank

in terms hereof shall not be delayed, by the fact that a dispute may exist between Eskom

and the Contractor.

without advising us and without affecting our liability under this Guarantee. This includes, without

limitation, any extensions, indulgences, release or compromise granted to the Contractor or any

variation under or to the Contract.

under the Contract, then Eskom shall be entitled to cede to such third party the rights of Eskom

under this Guarantee on written notification to the Bank of such cession.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to Eskom and is neither negotiable nor

transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or

expiry hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South

Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Bank’s seal or stamp

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

than 7 days following the submission to the Surety of a certificate signed by the Project Manager stating

the amount of the Employer's losses, damages and expenses incurred as a result of the non-

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

performance aforesaid. The signed certificate shall be deemed to be conclusive proof of the extent of

the Employer's loss, damage and expense.

6. Our total liability hereunder shall not exceed the sum of ............................. (R ................) which is equal

to the advance payment.

Signature of Witness(s)

Name(s) (printed)

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

Pro forma Retention Money Guarantee (may be used when

Option X16 applies)

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Retention Money Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] : Contract Reference: [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be

inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between Eskom

and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. .......... as

amended, varied, restated, novated or substituted from time to time; [Drafting Note: Signature

Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under

Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Eskom” - means Eskom Holdings SOC Limited, a company registered in accordance with the

laws of the Republic of South Africa under Registration Number 2002/015527/30

1.6 “Expiry Date” - means the date on which the Defects Certificate is issued in terms of the

1.7 “Guaranteed Sum” - means the sum of R [●] ([●] Rand); [Drafting Note: Insert amount of

Retention Money Guarantee.].

1.8 “Project” - means the.........................................

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in

our respective capacities as _____________ and ___________ of the Bank, and duly authorized

thereto, confirm that we hold the Guaranteed Sum at the disposal of Eskom, as security for the

proper performance by the Contractor of all of its obligations in terms of and arising from the

the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and

shall:

3.1 be signed on behalf of Eskom by a director of Eskom or his authorised delegate.

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances;

and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the

Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in

terms hereof shall not be delayed by the fact that a dispute may exist between Eskom and the

without advising us and without affecting our liability under this Guarantee. This includes, without

limitation, any extensions, indulgences, release or compromise granted to the Contractor or any

variation under or to the Contract.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to Eskom and is neither negotiable nor

transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry

hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa

and shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and

unenforceable.

Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________ Bank’s seal or stamp

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

(to be reproduced exactly as shown below on the letterhead of the Bank providing the Guarantee)

Reference No. [●] [Drafting Note: Bank reference number to be inserted]

Pro-Forma ASGI-SA Guarantee: [Drafting Note: Name of Contractor to be inserted]

Project [ ] Contract Reference: [●] [Drafting Note: Contractor contract reference number to be inserted]

1. In this Guarantee the following words and expressions shall have the following meanings:-

1.1 “Bank” - means [●], [●] Branch, (Registration No. [●]); [Drafting Note: Name of Bank to be

inserted]

1.2 “Bank’s Address” - means [●]; [Drafting Note: Bank’s physical address to be inserted]

1.3 “Contract” – means the written agreement relating to the Project, entered into between the

Employer and the Contractor, on or about the [●] day of [●] 200[●] (Contract Reference No. [●]

as amended, varied, restated, novated or substituted from time to time; [Drafting Note:

Signature Date and Contract reference number to be inserted]

1.4 “Contractor” – means [●] a company registered in accordance with the laws of [●] under

Registration Number [●]. [Drafting Note: Name and details of Contractor to be inserted]

1.5 “Contractor’s ASGI-SA Obligations” – means the Contractor’s ASGI-SA Obligations under and

as defined in the Contract.

1.6 “Employer” - means Eskom Holdings Limited, a company registered in accordance with the laws

of the Republic of South Africa under Registration Number 2002/015527/06.

1.7 “Expiry Date” - means the [●] day of [●] 200[●]; [Drafting Note: anticipated date of issue of

ASGI-SA Performance Certificate to be inserted.]

1.8 “Guaranteed Sum” - means the sum of R [●] ([●] Rand);

1.9 “Project” – means the ..............................

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in

our respective capacities as _____________ and ___________ of the Bank, and duly authorized

thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer, as security for

the proper performance by the Contractor of the Contractor’s ASGI-SA Obligations and hereby

undertake to pay to the Employer, on written demand from the Employer received prior to the

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and

shall:

3.1 state the amount claimed (“the Demand Amount’);

3.2 state that the Demand Amount is payable to the Employer in the circumstances contemplated in

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER ____________

principal and not as surety and the Bank’s obligation/s to make payment:

4.1 is and shall be absolute provided demand is made in terms of this bond in all circumstances;

and

4.2 is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

5.1 shall be restricted to the payment of money only and shall be limited to the maximum of the

Guaranteed Sum; and

5.2 shall not be discharged and compliance with any demand for payment received by the Bank in

terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer

and the Contractor.

fit, without advising us and without affecting our liability under this Guarantee. This includes,

without limitation, any extensions, indulgences, release or compromise granted to the Contractor or

any variation under or to the Contract.

permitted under the Contract, then the Employer shall be entitled to cede to such third party the

rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8.1 shall expire on the Expiry Date until which time it is irrevocable;

8.2 is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor

transferable;

8.3 shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry

hereof;

8.4 shall be regarded as a liquid document for the purpose of obtaining a court order; and

8.5 shall be governed by and construed in accordance with the law of the Republic of South Africa

and shall be subject to the jurisdiction of the courts of the Republic of South Africa.

8.6 Any claim which arises or demand for payment received after expiry date will be invalid and

unenforceable.

Guarantee at the Bank’s Address.

Signed at _____________________ Date ____________________________

Bank Signatory: ___________________ Bank Signatory: ___________________

Witness: ________________________ Witness: _________________________

Bank’s seal or stamp

Part c1: agreements and contract data c1.3 Ecc3 proforma guarantees

{"name":null,"email":null,"phone":null,"department":"Est. Rate Each Total Price","address":null}

15 Quality Officer

submit a complete activity schedule. The contractor is allowed to break activities in sub activities if

necessary. The activity schedule must be aligned to the programme and the method statement.

Testing and commissioning of the works 47 LE 1

Preparation of Operation & Maintenance Manuals & Drawings 48 LE 1

Training of Eskom Staff personnel 49 LE 1

Labelling of plant as per approved Eskom Standards including safety 50 LE 1

signages

Part 2: pricing data

ECC3 Option A

reference pages

C2.1 Pricing assumptions: Option A 9

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

C2.1 Pricing assumptions: Option A

• Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

• Understands the function of the Activity Schedule and how work is priced and paid for;
• Is aware of the need to link the Activity Schedule to activities shown on his programme;
• Has listed and priced activities in the activity schedule which are inclusive of everything necessary

and incidental to Providing the Works in accordance with the Works Information, as it was at the

time of tender, as well as correct any Defects not caused by an Employer’s risk;

• Has priced work he decides not to show as a separate activity within the Prices of other listed

activities in order to fulfil the obligation to complete the works for the tendered total of the Prices.

• Understands there is no adjustment to the lump sum Activity Schedule price if the amount, or

quantity, of work within that activity later turns out to be different to that which the Contractor

estimated at time of tender. The only basis for a change to the Prices is as a result of a

compensation event.

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Hydrogen Electrolysis plant producing at 15 Nm3/hour including 15 LE 2

auxiliaries, closed loop cooling, ventilation.

Metering station 16 LE 1

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

• The rates and Prices entered for each item includes for all work and other things necessary to

complete the item.

• The rates/prices are exclusive of VAT but include all other related cost for this scope of work,

bonuses for employees, accommodation.

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Sunday: Responsible Person shall be required to work Nightshift. Working hours is seven to

seven:

6 Responsible Person – Sunday Nightshift Hrs

Public Holiday: Responsible Person shall be required to work Dayshift. Working hours is seven to

seven:

7 Responsible Person – Public Holiday Dayshift Hrs

Public Holiday: Responsible Person shall be required to work Nightshift. Working hours is seven

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Rates Schedule to apply on “as – and - when required” basis for any maintenance work, outside the scope of

this contract and for any compensation event calculations

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

C2.2 the activity schedule

Use this page as a cover page to the Contractor’s activity schedule.

Part c2: pricing data c2.2 ECC3/A activity schedule

Item Description Qty Price ea/ Total price

person

1 Medicals (only if annual medical certificate expired)

2 Health and Safety File

3 Safety Training

4 Health and Safety Officer (if >40 employees)

5 Hard hats with chin strips(Hooked on the hats itself not

inside)

6 Overalls

7 Gloves

8 Shoes (Safety boots)

9 Hearing protection

10 Safety goggles

11 Safety harnesses(with big hooks not small hooks)

12 Site Establishment

13 De-establishment

18 First Aid box for every 50 employees

19 Dust musk

20 Life save jacket

21 Welding gloves

22 Welding shield

23 Welding aprons

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

New hydrogen production plant at kendal power station

24 Covid-19 Requirements

25 Thermal Suit N/A

26 Special underwear – only cotton N/A

27 Flash Suit N/A N/A N/A

*28 Training: Appointed Operator - ORHVS (8 days) N/A Offer by Eskom N/A

*29 Training: Appointed Person - PSR (10 days) Offer by Eskom N/A

*30 Training: Responsible Person - ORHVS & PSR (18 days) N/A Offer by Eskom N/A

*31 Training: Authorised Supervisor - PSR (2.5 days) N/A Offer by Eskom N/A

Total value for health and safety for the total contract period

The above prices excludes VAT

• Training:

1. Includes Manual, Assessment Documents, Theoretical Training, Practical Training & Panel Test.
2. Receipt must be provided to the Instructor as proof of payment before training will commence.
3. Payments to be made to the Finance Department, Kendal Power Station. GL Account 750400 / CC 311407

It is compulsory for the Contractor to visit Kendal Safety Department after contract award and before any work may

commence to:

1. be appointed in writing, and
2. sign an Agreement according to Section 37(2) of the Occupational Health and Safety Act No 85

Suppliers are not, under any circumstances, to deviate from the required stipulated format for the provision of pricing.

Contractor:

Print name signature date

ESKOM

Kendal power station

Rates schedule for any compensation event calculations

Rates Schedule to apply on “as – and - when required” basis for any maintenance work, outside the scope of

this contract and for any compensation event calculations

Item Trade Base Rate per Rate per hour Normal Rate per hour Rate p

Hour time Overtime & Sund

Normal Time (Base rate Incl. Profit Saturday Holid

(Excl. Profit & & Overheads) (Base rate times 1.5) (Base

Overheads)

1 Rigger

2 Fitter

3 Boilermaker

4 Welder

5 Semi-skilled

6 Authorised

Supervisor (AS)

7 Responsible

Person (RP)

8 Project Manager

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

New hydrogen production plant at kendal power station

9 Site Manager

10 Projector Planner

11 Site Supervisor

12 Resource Manager

13 Stores Controller

14 Safety Officer

15 Quality Officer

16 Storeman

17 Driver

18 Safety

Representative

19 Artisan Assistance

Note:

• The above-mentioned tendered prices are exclusive of Value Added Tax and CPA, but include all

other costs related to this works.

Contractor:

........................................................ .............................................................. ..................................................

Print name signature date

C2.2 the activity schedule

Use this page as a cover page to the Contractor’s activity schedule.

Part c2: pricing data c2.2 ECC3/A activity schedule

1.1 Fixed charge items

1 le 1

Establishment of Facilities on the Site (Offices, Storage Shed,

Ablution facilities, Tools & Equipment, etc.)

Safety File 2 LE 1

SAPS Clearance, Medicals, Inductions and Safety Equipment (SHEQ) 3 LE 1

Water supplies, electric power, communications, dealing with water, 4 LE 1

and access.

Removal of site establishment. 5 LE 1

1.2 Time related items

Offices and Storage sheds 6 LE 1

Ablution and latrine facilities. 7 LE 1

Living accommodation. 8 LE 1

Plant and Equipment hire 9 LE 1

Transport of staff to site 10 LE 1

Safety Officer 11 LE 1

Supervision for duration of construction (Project Management) 12 LE 1

Price list

Health and safety

4 Health and Safety Officer (if >40 employees)

5 Hard hats with chin strips(Hooked on the hats itself not

inside)

8 Shoes (Safety boots)

11 Safety harnesses(with big hooks not small hooks)

commence to:

1. be appointed in writing, and
2. sign an Agreement according to Section 37(2) of the Occupational Health and Safety Act No 85

Local Inspection Authority certification 25 LE 1

Issuing of Electrical plant reticulation - Certificate of Compliance 27 LE 1

Interconnecting piping design calculations 28 LE 1

Electrical design, review and sign off 29 LE 1

Supply, fabrication and installation of Interconnecting plant piping on 30 LE 1

site

Mechanical design, review and sign off 31 LE 1

Civil design, review and sign off 32 LE 1

Civil material (support and drainage pipes) 33 LE 1

Civil construction 34 LE 1

Control and instrumentation design, review and sign off. 35 LE 1

Electrical designs, review and sign off 36 LE 1

Cabling installation including cable racking and terminations 37 LE 1

Separate metering panel and bulk storage PLC 38 LE 1

Plant gas COC 39 LE 1

Supply and Installation of new door(s) as per Eskom requirements 40 LE 1

Supply all consumables required to execute the works 41 LE 1

Provision for interfacing to the system as per SOW 42 LE 1

Provision of fire detection system as part of hydrogen production plant 43 LE 1

integrated with power station fire detection system separate from

hydrogen production process.

Provision of Reverse Osmosis Plant to supply demin water 44 LE 2

Part c2: pricing data c2.2 ECC3/A activity schedule

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

The tender is for the New Hydrogen Production Plant at Kendal Power Station. The OHS specification sets out minimum requirements for the contract, including compliance with the OHS Act and its regulations, Eskom's life-saving rules, and the compilation of an OHS file. The contractor must ensure that all work is performed safely and that all relevant health and safety records are kept.

{"briefingSession":"{"date":null,"time":null,"venue":"ion reports to the relevant management.","is_compulsory":false}"}

{"name":null,"email":null,"phone":null,"department":null,"address":"pril 2022 for Kendal Power Station"}

Submit the completed tender with all returnable documents. The closing date and time are not stated in the available text. Submission channel and address are not specified. Required returnable forms include: the signed Section 37(2) agreement (OHS Act) between the main contractor and Eskom, and between the main contractor and all appointed contractors; the contractor's OHS file; the Compensation Commissioner's valid letter of good standing (and renewal letters); and the signed organograms (main contractor and appointed contractors) as required by the OHS specification. Bids may be disqualified if these mandatory documents are not submitted.

Evaluation criteria are not explicitly stated in the available text. However, compliance with the OHS specification, including the submission of required documents and adherence to safety requirements, will be assessed.

Eskom’s responsibility and commitment is to ensure a safe working environment is in line with its Safety,

Health, Environmental, and Quality (SHEQ) Policy and applicable legislative obligations. This OHS

specification is Eskom Generation's minimum requirements which are required to be met for the

duration of the contract period by contractors/suppliers and, where required, the delivery

organisation. The contractor is expected to develop an OHS plan that meets these requirements as well

as all the relevant applicable legislation that they conform to. Eskom in no way assumes the contractor’s

legal responsibilities and liabilities. The contractor is and remains accountable for the quality and

execution of their health and safety programme for their employees and appointed contractor

employees. This OHS specification reflects minimum requirements and should not be construed as all-

encompassing.

Note 1: All the requirements listed hereunder are in relation to the contract and do not supersede

or replace any organizational OHS requirements.

Where requirements listed are already in place, then the organizational requirements must be taken

cognisance of and listed in the respective OHS plans. If there are any additional Eskom and/or

legislative requirements listed in the OHS specification, then these must be addressed.

2. Supporting clauses

2.1 Scope

This OHS specification lists the legislative and Eskom requirements and, where applicable, any

requirements pertaining to local authorities, municipal by-laws, or environmental legislation that must

be met by the contractor.

2.1.1 Purpose

This document will provide a standardised approach to the compilation of OHS specifications

throughout Eskom Generation business for contracts, standards, and NEC 3.

2.1.2 Applicability

This OHS specification is applicable to any contracting organisation that intends to respond to Eskom

Generation's tender/enquiry with the intention of entering into a contract.

2.2 Normative/informative references

Parties using this document shall apply the most recent edition of the documents listed in the following

paragraphs.

2.2.1 Normative

• Basic Conditions of Employment Act No .

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• Occupational Health and Safety Act and Regulations No .
• OHS Act “Regulations on Hazardous Work by Children in South Africa”
• National Environmental Management Act .
• National Road Traffic Act .
• 32-37 Eskom Substance Abuse Procedure.
• 32-136 Contractor Health and Safety Requirements
• 240-62196227 Life- saving Rules
• 32-95 Environmental, Occupational Health and Safety Incident Management Procedure
• 32-727 SHEQ Policy
• 32- 418 Working at Heights Procedure
• 240-62946386 Vehicle and Driver Safety Management Procedure
• 32-520 Risk Assessment procedure
• Plant Safety Regulations
• Iso 45001
• Eskom Covid-19 policy
• National Disaster Management Act

2.2.2 Informative

[1] Tobacco Products Control Act (Updated 2011.05.19)

[2] SANS 1186 Symbolic Safety Signs

[3] Constitution of the Republic of South Africa No

[4] DMN 34-110 Operating A Vehicle Mounted Crane

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2.3 Definitions

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Definition Explanation

Appointed contractor Means a contractor appointed by the Main contractor

Baseline risk (32-520) baseline operational risks refer to the health and safety risks

assessment associated with all standard processes and routine activities in the business

Business unit (BU) (32-296) means any defined unit within the Eskom environment, operating as

a business under a particular cost-centre number. In the context of this

document and in terms of health and safety, any reference to a BU includes a

defined unit within any Eskom division and its subsidiaries

Client (OHS Act) Eskom representative (Internal – Asset Owner), also referred to as

the contract administrator/custodian or agent or project manager (as defined

in the contract). He/she is the person responsible for ensuring that the works

or services are executed in terms of the contract, as well as adherence to

legislation pertaining to the contract.

Competent person (OHS Act) means any person having the knowledge, training, experience,

and qualifications, specific to the work or task being performed, provided that,

where appropriate, qualifications and training are registered in terms of the

South African Qualifications Authority Act, 1995 (Act No. )

Contractor (OHS Act) means an employer as defined in section 1 of the Act who

performs contracted work and includes Main contractors

Contract’s Manager/End Contract’s Manager/End User

User

Consultant means a person providing professional advice

Controlled disclosure controlled disclosure to external parties (either enforced by law or

discretionary)

Duty of care to the (32-136) anybody who causes or has caused or may cause significant

environment pollution or degradation of the environment must take reasonable measures

to prevent such pollution or degradation from occurring, continuing, or

recurring. If such harm to the environment is authorised by law or cannot

reasonably be avoided or stopped, such person must minimise and rectify

such pollution or degradation of the environment

Employee (OHS Act) means, subject to the provisions of subsection (2), any person

who is employed by or works for an employer and who receives or is entitled

to receive any remuneration or who works under the direction or supervision

of an employer or any other person

Employer (OHS Act) means, subject to the provisions of subsection (2), any person

who employs or provides work for any person and remunerates that person

or expressly or tacitly undertakes to remunerate him/her, but excludes a TES

(ex labour broker) as defined in section 1(1) of the Labour Relations Act 1956

(Act No. )

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Definition Explanation

Environment (32-94) means:

a) the land, water, and atmosphere of the earth;

b) micro-organisms and plant and animal life; and

c) any part or combination of (a) and (b) and the interrelationships

among and between them, and the physical, chemical, aesthetic, and

cultural properties and conditions of the foregoing that influence

human health and well-being

Eskom requirements Eskom requirements flowing from directives, policies, standards, procedures,

specifications, work instructions, guidelines, or manuals

Fall protection plan (OHS Act) means a documented plan of all risks relating to working from an

elevated position, considering the nature of work undertaken, and setting out

the procedures and methods to be applied in order to eliminate the risk

Hazard (OHS Act) means a source of, or exposure to, danger

Hazard identification (OHS Act) means the identification and documenting of existing or expected

hazards to the health and safety of persons, which are normally associated

with the type of construction work being executed or to be executed

Occupational Health (OHS Act) means a file or other record in permanent form, containing the

and safety file information required in relation to the contract.

Health and safety plan (OHS Act) means a document plan that addresses hazards identified and

includes safe work procedures to mitigate, reduce, or control hazards

identified

Occupational Health (OHS Act) means a document specification of all health and safety

and safety specification requirements pertaining to associated to a contract, so as to ensure the

health and safety of persons.

Occupational Health means comprehensive health and safety requirements for a contract, project,

and safety requirements site, and scope of work. This specification is intended to ensure the health

and safety of persons, both workers and the public, and the duty of care to

the environment. The health and safety requirements must be specific to

each contract, project, site, and scope of work

Lifesaving Rules (240-62196227) a rule that, if not adhered to, has the potential to cause

serious harm to people

Medical Certificate of (OHS Act) means a certificate valid for one year, issued by an occupational

fitness health practitioner, issued in terms of the regulations, whom shall be

registered with the Health Professions Council of South Africa

Medical surveillance (OHS Act) means a planned programme or periodic examination (which may

include clinical examinations, biological monitoring, or medical tests) of

employees by an occupational health practitioner or, in prescribed cases, by

an occupational medicine practitioner

Method statement (OHS Act) means a written document detailing the key activities to be

performed in order to reduce, as reasonably as practicable, the hazards

identified in any risk assessment

National sourcing of services providers/contractors at the divisional level and not at BU

Enquiries/contracts level thorough tendering, request for price etc

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Definition Explanation

Organisation may be defined as a group of individuals (large of small) that is cooperating

under the direction of executive leadership in accomplishment of certain

common objects

Pre-job meetings (34-227) means a meeting that is held prior to the commencement of the

day’s work and that is attended by all the relevant employees associated with

the work task

Main contractor (In the text of this document) Means an employer, as defined in section 1 of

the OHS Act, who intends to tender for or has signed a contract with Eskom

for services rendered.

Provincial director (OHS Act) means the provincial director as defined in Regulation 1 of the

General Administrative Regulations under the Act

Responsible Manager Is a Manager of a department, section or operating/business unit who has

been appointed as part of the Eskom delegation of authority process with the

aim to assist the applicable 16(2) assigned person in executing his/her duties

in terms of the Occupational Health and Safety Act

Risk assessment (OHS Act) means a programme to determine any risk associated with any

hazard at a construction site in order to identify the steps needed to be taken

to remove, reduce, or control such hazard.

Site (34-228) means an Eskom department, unit, complex, building, specific

project, work site, or the site where agents, clients, Main contractors,

contractors, suppliers, vendors, and service providers provide a service to

Eskom, directly or indirectly

Service provider any private person or legal entity that provides any service(s) to Eskom for

compensation

Subsidiary (32-94) an enterprise controlled by another (called the parent) through the

ownership of greater than 50% of its voting stock

Supplier (32-1034)means a natural or legal person who renders a service and may

include the following current or potential supplier vendor, contractor,

consultant

Task (34-227) a segment of work that requires a set of specific and distinct actions

for its completion

Toolbox talks (34-227) where the team leader, after conducting pre-task planning, shares

all the tasks at hand and discusses task allocation, the identified risks, and

the control measures with all his/her team members on site before

commencing a specific task and documenting the agreed strategy. (This

shall be done to ensure common understanding of the tasks, risks, and

control measures required.)

The Act (OHS Act) means the Occupational Health and Safety Act No. , as

amended, and the Regulations thereto

Visitor any person visiting a workplace with the knowledge of, or under the

supervision of, an employer.

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2.4 Abbreviations

Abbreviation Description

BU Business Unit

CE Chief Executive

COID Act Compensation for Occupational Injuries and Diseases Act

DMR Driven Machinery Regulations

DEL Department of Employment and Labour ( Inspection and Enforcement services –

Provincial office)

EP Emergency Preparedness

EAP Employee Assistance Program

ERfW Environmental Regulations for Workplaces

GAR General Administrative Regulations

GSR General Safety Regulations

HCA Hazardous Chemical Agents

LDV Light Delivery Vehicle

SDS Safety Data Sheets

OHS Act Occupational Health and Safety Act and Regulations,

O&M Operating and Maintenance

LoG (COID) Letter of Good Standing

SABS South African Bureau Standard

SANS South African National Standard

2.5 Related/supporting documents

Section 37(2) of the OHS Act requires Eskom to sign an agreement and include it in the OHS file for

evaluation prior to the start of work. OHS department will issue the 37(2) agreement to the project

manager/end user who will facilitate the signing of the document by Eskom and contractor

representatives.

3. Document content

3.1 Scope of work

Construction of a new hydrogen production plant

A copy of the detailed scope of work must be retained by the contractor.

Note: Contractor shall refer to NEC for detailed scope of works.

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Note: The contractor who will be awarded this contract will be known as the “Main contractor” and

any contractor appointed by the Main contractor will be known as the “Appointed contractor"

3.2 Legal compliance

3.2.1 Section 37(2) (Legal) Agreement

A section 37(2) agreement must be signed between Eskom and the main contractor at the time of

submitting the safety file. The main contractor must ensure that a section 37(2) agreement is compiled

between the main contractor and all their appointed contractors for the contract. The original copy of

the section 37(2) agreement must be retained by the contractor, and a copy must be retained by the

responsible project manager/end user. A copy of all the agreements must form part of the respective

contractor’s OHS file.

3.2.2 Hazardous Work by Children (Child Labour)

The constitution of the Republic of South Africa, in the "Bill of Rights", is clear on the rights of children,

especially when it comes to:

1. being protected from exploitative labour practices.

2. not be required or permitted to perform work or provide services that

3. are inappropriate for a person of that child’s age; or

4. This places at risk the child’s well-being, education, physical or mental health, or spiritual,

moral, or social development and the Basic Conditions of Employment Act, Chapter six,

Section 43, "Prohibition of employment of children.".

Before resorting to the use of child labour, due consideration must be given to the child's

constitutional rights. Where work is being performed which is not prohibited in terms of the

constitution, then such work must be conducted in terms of the OHS Act "Regulations on Hazardous

Work by Children in South Africa" with emphasis on paragraph 2: Purpose and Interpretation. Eskom

does not condone the use of child labour and, therefore, all effort must be exercised, and child labour

should not be used.

3.2.3 OHS Act

The main contractor and appointed contractors shall have an up-to-date copy of the OHS Act and

regulations which will be available to all employees.

3.2.4 Legislative Compliance

All contractors will comply with all the legislation pertaining to this contract being:

The Main contractor and all appointed contractors will comply with all the legislation pertaining to this

project being:

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• The Constitution of the Republic of South Africa (particularly Section 24 of the Bill of

Rights).

• Occupational Health and Safety Act 1993 (Act ) and its Regulations.
• National Environmental Management Act 1998 (Act ).
• Environment Conservation Act 1989 (Act ).
• National Water Act 1998 (Act ).
• Civil and Building Work Act.
• National Road Traffic Act .
• Compensation for Occupational Injures and Diseases Act.
• SANS Standards –Contractor shall use the relative standards applicable to the project.

3.3 ESKOM requirements

All contractors shall, before commencement of the project ensure that all their employees are familiar

with the relevant Eskom OHS documentation that is applicable to contract services.

3.4 Sheq policy

A SHEQ policy is a statement of intent and a commitment by the organization’s CE and senior

management in relation to the relevant OHS roles and responsibilities, the achievement of their strategic

objectives, and values of integrity, customer satisfaction, excellence, and innovation. The main

contractor and all appointed contractors, if not already in place, will be required to compile an

organisational SHEQ policy in line with their OHS responsibilities. The policy must be signed by the

organisation’s CE or the appointed assistant to the CE, OHS Act Section 16(2). The policy must be

displayed in a prominent place within the workplace. A copy of the policy must be filed in the contractor's

OHS files and attached as an annexure to the OHS Plan.

3.5 Covid -19 Requirements

Not applicable, however the appointed contractor must ensure that the Covid-19 is identified as a

hazard in the Contractor Baseline Risk Assessment with control measures are implemented and that

measures to manage Covid-19 are noted in the Contractor SHE Plan.

3.6 Coid

The Main contractor and all his/her appointed contractors shall be registered with an appropriate

employment compensation commissioner and have available a valid letter of good standing (LoG) from

such commissioner. The obligation lies with the contractors to ensure that the LoG remain valid

throughout the contract period. A copy of the LoG must be filed in the contractor OHS files.

3.7 Costing for OHS within the project

The costing for OHS must be itemised based on the overall scope of the project (i.e.) Training, provision

of PPE, safety equipment purchases etc.

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3.8 Statutory appointments

The Main contractor and all appointed contractors must appoint competent workers who will comply

with the OHS Act for the duration of the contract. Before requiring appointees to accept an appointment,

the employer must ensure that they have received appropriate training and/or information about their

responsibilities. The relevant statutory appointments must be made in compliance with the OHS Act's

criteria, which include appointing a qualified individual to the appropriate roles. The following should be

included in the statutory appointments, but not limited to:

• OHS Act General Administrative Regulation 9(2) – Incident Investigator
• OHS Act Hazardous Chemical Substances Regulation 3(3) Hazardous Chemical

Substances Co-coordinator

• OHS Act General Safety Regulations 3(4) – First Aider/s
• OHS act 8 (2) Person to Compile Risk Assessments
• GAR 9(2) - Incident/accident investigator
• CR 8(5) - Construction Health and Safety Officer (Full-time)
• CR 8(7) - Construction Supervisor
• CR 8(1) - Construction Manager
• OHS Act Section 16(2) employer

3.8.1 Non statutory appointments

• Eskom requirement – Emergency Planning Co-coordinator

3.9 ESKOM life-saving rules

1. Eskom places a high value on health and safety and urges every organization that

undertakes work for Eskom to do the same.

2. Eskom has developed five life-saving guidelines that will apply to all Eskom employees,

agents, consultants, and contractors. Any Eskom employee or employee of a Main Contractor

or appointed contractor who fails to follow these rules would be deemed a serious violation.

These rules are in place to protect any employee, labour broker, or contractor working from

significant injury or death.

3. If any contractual work (including delivery of any product) is to be undertaken on Eskom

premises, the rules shall be obeyed by any contractor and their employees.

The rules are:

Rule description of rule

Open, isolate, test, earth, bond, and/or insulate before touch

Rule 1

( That is plant, any plant operating above 1000 V)

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Hook up at heights

Rule 2 Working at height is defined as any work performed above a stable work surface or where a

person puts himself/herself in a position where he/she exposes himself/herself to a fall from or

into.

Buckle up

Rule 3 No person may drive any vehicle on Eskom business and/or on Eskom premises:

Unless the driver and all passengers are wearing seat belts.

Be sober

Rule 4

No person is allowed to be under the influence of intoxicating liquor or drugs while on duty

Permit to work

Rule 5 Where an authorisation limitation exists, no person shall work without the required permit to

work.

Ensure safe live working

Rule 6

Ensure all live work basic principles are adhered to,

Eskom will take a zero-tolerance approach to these policies.

Noncompliance to Life-saving rules is regarded serious misconduct and will result in

serious disciplinary action, which may include dismissal.

This is to ensure that everyone who works on or visits an Eskom facility returns home

to their families safely.

3.10 Substance abuse

1. Alcohol and substance abuse are serious threats to any business, especially when it comes to

workplace accidents and car driving. As a result, Eskom has the right to take reasonable

procedures to identify and prohibit drunk people from entering the company.

2. General Safety Regulation 2A specifies the legal position on intoxication.

3. The allowable alcohol and drug level is 0%.

4. All contractors must follow Eskom's procedure 32-37 ("Substance Abuse Procedure"), taking

into account that this is an Eskom Life-saving Rule number 4: (BE SOBER"), and anyone

entering the Eskom site will be subjected to ad hoc alcohol testing if the BU has self-alcohol

testing equipment.

5. Contractors are invited to develop their own manual and test their own employees for alcohol

on a regular basis.

6. Test results must be marked "Confidential" and kept in the employee's personal file.

7. Eskom's life-saving rules must be included in the induction process.

8. All employees involved in the scope of work must sign the Life-saving rule pledge before

commencement of work.

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3.11 Contractor organisational structure

3.11.1 Main Contractor Organogram

The Main contractor must provide an organisational organogram on the company’s letter head

related to this contract, depicting all the levels of responsibility from the CE down to the

supervisors responsible for the contract. List the relevant positions held, names of appointees,

legal appointments and the Organogram must be signed off by the company's 16(1) or 16 (2).

The Main contractor must ensure that all appointed contractors comply with this requirement.

The Main contractor is responsible for keeping copies of all the organograms’ as well as

submitting them with the OHS plan. All organograms shall be updated timeously when

appointments are changed.

This diagram must be kept up to date and filed in the project OHS files.

3.11.2 Appointed Contractor/s Organogram

1. Appointed contractors are required to compile their company organogram for the project on

the company’s letter head, listing the reporting structure from their CE down to their project

supervisors. The diagram must list the names, positions held, any appointments made and

must be signed off by the company's 16(1) or 16 (2).

2. This diagram must be kept up to date, a copy of which must be given to the Main contractor

and a copy filed in the relevant project OHS files.

3. This diagram must be kept up to date and filed in the project OHS files.

3.12 Roles and responsibilities

Commitment

Visible commitment is essential to providing a safe work environment. Managers, supervisors and

employees at all levels must demonstrate their commitment by being proactively involved in the day to

day operations, in particular the Occupational Health and Safety aspects of any project / contract.

Legislation requires that each employee must take reasonable care of themselves and their fellow

workers, from management level down to the lowest employee level.

3.12.1 Main contractors and appointed contractors

Note 1: Most of the roles and responsibilities listed apply to both Main contractors and any appointed

contractors. Where some of the listed do not apply to both, then the specific responsibilities will be

listed and titled. The contractors shall:

1. Carry out all duties as listed in section 8, 9 and 10, the various other regulations that form part

of the OHS Act and Regulation 7 of the Construction Regulations.

2. Carry accountability and responsibility for the safety and health of their employees and their

appointed contractors within their working area, as contemplated by section 37(2) of the OHS

Act;

3. Shall keep a record of all employees including the appointed contractor employees, including

date of induction, relevant skills and licenses and be able to produce this list at the request of

the Eskom Project Manager.

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4. Ensure that all their appointees are made aware of their accountabilities and responsibilities in

terms of their appointment and that they advise and assist these appointees in the execution of

their duties.

5. Ensure that the minimum legislative, regulatory and Eskom OHS requirements are complied

with on all work sites.

6. Give the Eskom project managers and line managers / responsible managers their full

participation and cooperation.

7. Compile a OHS (Occupational health and safety) file where all relevant health and safety

records must be kept for each work site.

8. The Main contractor must provide the project manager with the Compensation Commissioner’s

valid letter of good standing before the commencement of work and any future renewal letters

obtained during the contract for record-keeping purposes. The letter of good standing shall

reflect the name of the contractor’s company. Similarly, the Main contractor must provide the

Eskom project manager with all the valid letters of good standing from their appointed

contractors.

9. Contractors must provide the Main contractor with a certified copy of the Compensation

Commissioner’s valid letter of good standing before the commencement of work and any future

renewal letters obtained during the contract for record-keeping purposes. The letter of good

standing shall reflect the name of the contractor’s company.

10. Appoint competent staff to perform the project work and ensure that all employees are trained

in the health and safety aspects relating to such work and that the employees understand the

hazards associated with all other work being carried out on the project.

11. Ensure that all employees are conversant with all relevant work procedures and that they

adhere to such procedures. Similarly (without removing the appointed contractors’

responsibilities), ensure that their appointed contractors and their employees are conversant

with all relevant work procedures and that they adhere to such procedures.

12. Co-ordinate the activities of all the appointed contractors in the interests of safety and health;
13. Ensure that their contractors (whom they intend appointing) have made detailed provision for

the cost of safety and health measures throughout the project.

14. Stop his /her employees and any appointed contractors if such work poses a threat to the health

and safety of persons or a risk of degradation to the environment.

15. Take reasonable steps to ensure cooperation between all their appointed contractors.
16. Ensure that Eskom OHS requirements are communicated to the appointed contractors,

evaluate, and assess the appointed contractors OHS files. Only appoint contractors who are

competent to do work, have satisfied the OHS compliance requirements and satisfied that the

contractor has the necessary competencies and resources to perform the work safely.

17. Appoint full-time competent employees in writing to supervise the performance of all specified

work throughout the contract period.

18. Ensure that the supervisor or manager do not supervise work on any site other than the site for

which such supervisor has been appointed for.

19. Not victimise or dismiss employees, by virtue of the employee’s divulging health and safety

information or suspecting such information has been divulged, in the interests of health and

safety requirements.

20. Follow a process of disciplinary action if any of their employees or their appointed contractor

employees have transgressed any of the requirements of the health and safety specification,

safety and health plans, site rules or any other requirements.

21. Before the commencement of work, review the submitted baseline risk assessments to include

site or emerging risks. This should be done by a competent person appointed in writing with a

view to identify hazardous and potentially hazardous work operations.

22. Ensure that pre-task risk assessments are conducted and documented daily and prior to the

starting of any new task, irrespective of whether it is a repetitive task or not.

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23. Must ensure that an organisation medical surveillance programme for the duration of the

contract is in place and maintained.

24. Prior to having pre-employment and periodic medicals fitness examinations conducted,

person/man job specifications must be compiled and handed to the occupational health

practitioner.

25. Issue risk-based personal protective equipment (PPE) as a measure of last resort to their

employees, inspect such equipment regularly and ensure recipients of PPE are trained in the

proper use, care and where necessary, the maintenance of PPE;

Note: should the Main contractor or his/her appointed contractors entertain visitors on site, they

will be held responsible for the provision and wearing PPE.

26. Must have a substance abuse program which must be in line with Eskom requirements.
27. Ensure that all incidents are reported and investigated timeously by competent incident

investigators as and aligned with 32-95 requirements.

28. Be involved in all of their appointed contractor’s incident investigations.
29. When appointing contractors, advise the project manager in writing timeously and obtain his/her

approval prior to them commencing work.

3.12.2 Contractor site supervisor

The contractor site supervisor must be trained in the following:

• HIRA, Incident investigation training, Supervisor training, authorised person & PSR, Legal

liability

Must:

1. Be competent to perform the required supervisory tasks;
2. Ensure their employees and all appointed contractors comply with the required statutory and

Eskom project requirements;

3. Inspect all work done by the contractors to ensure adherence to Eskom’s standards and

4. Conduct follow-up inspections to ensure findings are closed out and preventative action is in

place.

5. Monitor contractors for adhere to statutory requirements and safety standards.
6. Monitor contractors overall OHS performance on site in order to achieve excellent results
7. Discuss all OHS related problems with the relevant contractor management timeously in the

first instance and thereafter the Eskom project manager in the second instance relating to

procedure requirements, non-conformances identified, corrective actions, audits and

inspection schedules.

8. Continual liaison between the Main contractor, appointed contractors and employees.
9. Ensures that employees and appointed contractors are aware of latest standards,

procedures, work instructions and safety regulations issued by Eskom:

10. Conduct site Inspections for compliance to OHS requirements and compiles the relevant

inspection reports.

11. Submit the observation reports to the relevant management.
12. Submit the required OHS reports communicated by Eskom e.g., manpower numbers, incident

statistics report etc

13. Have meaningful participation in the project statutory health and safety committee meetings.
14. Participate in all appointed contractor incident investigations.
15. Participate in the Main contractor’s emergency preparedness planning.

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16. Ensure that their own employees and those of any appointed contractor are competent to

perform the tasks assigned.

17. Issue site instructions on behalf of the Main contractor where and when the appointed

contractors deviate from safety requirements.

3.12.3 Contractor Health and Safety officer full time

• Due to the nature and size of the project, the contractor must appoint a Full-time safety officer

for this scope

The contractor health and Safety officer must be trained in the following:

• SAMTRAC, HIRA, Incident investigation training, Legal liability, Training, knowledge and

understanding of ISO 45001, Minimum work experience 2yrs, OHS Diploma (applicable to 3-

5 years contract)

3.13 Risk assessment (refer to 32-520)

It is a legal requirement in terms of Section 8 (2)(d) of the OHS Act for an employer to carry out risk

assessments, to establish which risks and hazards are attached to the health and safety of persons

due to any work which is performed, any article or substance which is, handled, stored, transported.

A risk assessment is defined as an identification of the hazards present in the activity, work, site,

and an estimate of the extent of the risks involved, considering whatever precautions are already

being taken.

It is essentially a three-stage process:

• identification of all hazards.
• evaluation of the risks;
• Measures to control the risks.

Risk assessments are required to be maintained. This means that significant changes to a process

or activity, or any new process or activity should be subjected to a risk assessment and that if new

hazards come to light during the work process, then these should also be subjected to risk

assessments. Risk assessments for long term processes should be periodically reviewed and

updated. Method statements or written safe work procedures are an effective method as information

and record of the way jobs / tasks must be performed. Daily or issue based or task specific or on

the job risk assessments must be conducted at the place where work is to be performed/ conducted

to allow managers and employees to assess any inherent risks that could have been overlooked

during the initial risk assessment or any changes that might have occurred in a period of absence.

For example if a job / task is extended over a day or halted due to inclement weather.

Guidelines for actual steps involved in a job/task specific risk assessment are:

• Each activity is listed.
• Specific hazards are identified and listed against each activity.
• The magnitude of each risk is rated as Low. Medium or High.
• All known documentary and supervisory controls are listed. For instance: What safe work

procedures exist for ladders.

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• The relevance, effectiveness and sufficiency of these controls are assessed.
• In the event of insufficient or deficient controls for the particular activity, steps to be taken to

rectify this shall be recorded, and safe working procedures drawn up.

• Persons responsible for implementing and supervising the task shall be identified, nominated

and duly assigned.

• Persons responsible for monitoring the task and carrying out the planned job observation

must be nominated.

• Completed risk assessment shall be handed to the Eskom project manager representative

for comment and approval.

• The relevant section of the risk assessment shall be issued with a Transmittal Note to the

Supervisor nominated as the responsible person; and the names of workmen who have

received instruction on the work content and the sequence of the activities listed in the risk

assessment shall be recorded, and their competence established. This instruction shall be

done through an interpreter if required and recorded on the Pre-Job Brief (Daily Safe Task

Instructions), with reference to applicable Risk Assessments.

3.14 Safe work procedures / method statements

There must be written safe work procedures for all activities, the safe work procedures must be

aligned with the risk assessments. Method statements / written safe work procedure are control

measures used to prevent an incident from occurring during the execution of the project. A written

safe work procedure/ method statements provide guidance how to execute the task safely. A safe

working procedure should be written when: -

a. Designing a new job or task.

b. Changing jobs or task;

c. Introducing new equipment or substances; and

The safe working procedure should identify:

d. The supervisor for the task or job and the employees who will undertake the task;

e. The tasks that are to be undertaken that pose risks;

f. The equipment and substances that are used in these tasks;

g. The control measures that have been built into these tasks;

h. Any training or qualification needed to undertake the task;

i. The personal protective equipment to be worn;

J. Actions to be undertaken to address safety issues that may arise while undertaking the

task.

3.15 Fire equipment and maintenance

1. All firefighting equipment’s that have been provided shall:

a. Be clearly labelled

b. Conspicuously numbered

c. Entered in a register

d. Inspected monthly by a competent person

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2. Tested and serviced every 12 months.
3. Results entered in the register and signed by competent person.

3.16 Flammable and combustible liquids

1. Proposals to store fuel on site must have written approval from the Eskom Project Manager.

The volumes of fuel allowed to be stored will depend on site conditions and Statutory

Regulations e.g. by-laws.

2. For storage of hazardous and flammable liquids, a maximum storage as per the scope of

work and the approval to be obtained from the local Municipality and to be complied with for

the duration the project.

3. The maximum of 40 litres of fuel is allowed to be stored. Anything greater than 40 litres to be

stored in a flammable/combustible liquid store with adequate spillage retention and proper

labelling.

4. Adequate numbers of dry chemical fire extinguishers, each with a minimum capacity of 4.5

kg, shall be provided, installed and maintained.

5. All fuel storage areas must comply with the following requirements: -

a. Storage should be well clear of buildings.

b. Storage areas must be kept free from all combustible materials.

c. All Safety signs must be prominently displayed i.e.

• Flammable Liquid.
• No Smoking.
• No open flames.

d. Adequate firefighting equipment must be available.

6. Diesel tanks are to be installed in a bunded area; bunded area must be able to contain 110%

of tank capacity.

7. Bunded area shall be of a concrete or steel construction and lined with a leak proof sealing

material.

8. Bunded area shall have a drain valve.

9. No other material/equipment shall be stored in the bunded area.

10. For storage of hazardous and flammable liquids, the approval must be obtained from the Fire

department and/or the Municipality (if the services are rendered/available in the local

Municipality).

11. The storage of flammable or hazardous storage must be well ventilated.

12. The appropriate Jerry cans designed for petrol/diesel shall be used to store petrol on Eskom

sites and the appropriate colour coding should be complied with.

3.17 First aid and equipment

1. The requirements of the OHS Act GSR 3 must be observed.

2. First aid appointments must be made to meet the legal requirements. Appointees must be

trained to level 2 and the training service provider must be registered in accordance with section

26(1) of the Skills Development Amendment Act, Act No. . It is good practice for all

employees to be trained to at least level 1.

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3. When appointing employees for work sites, cognisance must be taken into account the type

of work performed, the distance teams are working apart and the terrain to be covered if an

emergency should arise.

4. A list of emergency numbers must be displayed on the notice boards and made accessible for

all employees.

5. Main Contractor must ensure that his /her employees and appointed contractor employees

are familiar with the emergency numbers.

6. Contractors shall have one first aid box for the first 5 persons and thereafter one for every 50

or team of workers on site or part thereof, taking into account the type of work performed and

the distance between teams.

7. More first aid boxes shall be provided in accordance with the risk assessment. Boxes must be

available and accessible for the immediate treatment of injured persons at the workplace.

8. For offices, signs indicating where the first aid box or boxes are kept as well as the name and

contact details of the First Aider of such first aid box or boxes shall be erected.

9. The Main Contractor and appointed contractor shall ensure that alternative arrangements be

made for incidents occurring after working hours.

3.17.1 Boxes and equipment

The following is a list of minimum contents of a first aid box:

 Item 1: Wound cleaner/antiseptic (100ml).

 Item 2: Swabs for cleaning wounds.

 Item 3: Cotton wool for padding (100 g).

 Item 4: Sterile gauze (minimum quantity 10).

 Item 5: 1 Pair of forceps (for splinters).

 Item 6: 1 Pair of scissors (minimum size 100 mm).

 Item 7: 1 Set of safety pins.

 Item 8: 4 Triangular bandages.

 Item 9: 4 Roller bandages (75 mm X 5 m).

 Item 10: 4 Roller bandages (100 mm X 5 m).

 Item 11: 1 Roll of elastic adhesive (25 mm X 3 m).

 Item 12: 1 Non-allergenic adhesive strip (25 mm X 3 m).

 Item 13: 1 Packet of adhesive dressing strips (minimum quantity, 10 assorted sizes).

 Item 14: 4 First aid dressings (75 mm X 100 mm).

 Item 15: 4 First aid dressings (150 mm x 200 mm).

 Item 16: 2 Straight splints.

 Item 17: 2 Pairs large and 2 pairs medium disposable latex gloves.

 Item 18: 2 CPR mouth pieces or similar devices.

A content check list must be available with all boxes and boxes shall be checked on a regular basis,

kept clean and dust free.

3.18 OHS communication systems

1. Main Contractor/s and their appointed contractors must develop a communication strategy

outlining how they intend to communicate OHS issues to their staff, the mediums they will

employ and how they will measure the effectiveness of their OHS communication. Below is a

brief on how communication should take place. Where project meetings are conducted on

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site, OHS shall be included as a standing agenda point and minutes of these meetings shall

be available on site at all times. Minutes of meeting must be compiled and filed in the relevant

OHS files. All employees shall have access to these minutes. Attendance register shall be

kept for all the health and safety meetings.

3.18.1 Statutory Health and Safety Committees

1. The Main contractor shall establish statutory health and safety committee in terms of Section

19 of the OHS Act. Similarly, appointed contractors shall establish their own statutory health

and safety committee.

2. All appointed contractors shall be members of the Main contractor’s safety committee.

3. The Committee shall meet to discuss OHS issues concerning the current work being

performed, training, upcoming work and OHS requirements, incidents and lessons learned

specific OHS problems, safety performance, action plans and other relevant OHS issues.

Listed below is a preferred agenda.

4. OHS representatives for a workplace shall be members of the relevant workplace safety

committees (Refer to Section 19 (2) (a) of the OHS Act).

5. The number of persons nominated by employer must not be more than the Health and Safety

Representatives on that specific statutory health and safety committee. (Refer to Section

19(2)(c) of the OHS Act)

6. A statutory health and safety committee meeting shall be held at least 3 monthly (where

medium to high risk work is involved, more frequent if required), and all appointed members

of the committee shall attend the meeting.

7. Statutory health and safety committees may make recommendations to the Main contractor

and the project manager and the Inspector at DEL.

8. All health and safety committees shall discuss all projects related OHS Act Section 24 and 25

incidents and other notified serious incidents.

9. Health and safety committees shall follow up on incident investigation recommendations and

shall keep record of all recommendations made by the committee.

10. Statutory health and safety committees may make recommendations for the revision of

current standards, procedures and practices.

11. The Main contractor and appointed contractors shall ensure that statutory and non-statutory

health and safety committees carry out their duties.

12. The chairperson of the health and safety committees shall be selected and appointed by the

contractor. The appointed chairperson must be competent to chair meetings and be able to

make informed decisions.

3.18.2 Non-statutory health and safety committees

1. Where there are large worksites, then non-statutory sub-committee must be established

within that worksite to assist with the communication of health and safety related matters

between the statutory health and safety committee and the workplace.

2. The duties and responsibilities of the non- statutory health and safety committees will be the

same as the statutory safety committee

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3.18.2.1 Agenda

1. The following serves as the guideline for the OHS Committee meeting agenda.

• List of agenda items:
• Matters arising from previous minutes
• Matters arising from Contractor’s OHS meetings.
• Covid-19 compliance
• Audit results and feedback
• Review Health and Safety Representative Inspection Reports
• Review

o Incident investigation reports

o Non-Conformances

o Announcements (near miss/injury/damage)

o Follow up on recommendations made by the employer in incident investigation reports

• Accident Prevention – Safety Promotion

o Planned Job Observations

o OHS Training

o Protective clothing and equipment

o Incident Announcements / Recall

• Forthcoming High hazard activities.
• Non-conformances.
• Housekeeping.
• Work permits.
• Work procedures.
• Hazardous materials / substances.
• Fire Prevention
• Occupational Hygiene Assessments, Health Risks and Actions
• Security
• Rules, Instructions
• Public Safety
• Environmental Management
• Emergency Preparedness
• Statistics report
• Closure

3.18.2.2 Minutes and action items for all health and safety committee meetings

1. Minutes and record of action items shall be kept of all health and safety committee meetings.

2. Action column with target dates and responsible person shall be clearly visible on the minutes

and shall be completed during the meeting.

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3. Statutory health and safety committee meeting minutes and record of action items shall be

kept for the duration of the project or a minimum period of three years.

4. Non–statutory health and safety committee meeting minutes shall be kept for the duration of

the project or a minimum period of 12 months.

5. All other meeting minutes where OHS is on the agenda, shall be kept for a minimum period of

12 months.

6. The original copy of the minutes and record of the action items must be signed by the

chairperson.

7. The relevant project manager and Main contractor shall endorse the relevant minutes with

his/her recommendations and return the minutes to the relevant contractors chairperson

within 14 calendar days of the meeting.

3.19 Tool box talks / daily team talks / pre job meetings

1. A meeting must be held prior to the commencement of the day’s work with all relevant

personnel associated with the work task in attendance. The job, relevant procedures,

associated hazards, safety measures, i.e. the task risk assessments shall be discussed. Each

employee who attends the briefing shall sign an attendance list of that pre-job brief form

undertaking that they have an understanding of the tasks, risks and control measures

required.

2. Where possible, tool box talks can be included in the pre-job brief meetings. If this does not

occur, then weekly tool box talks must be conducted. The toolbox talk topics will be based on

OHS issues pertaining to the project site. The topic and the contents shall be in writing.

Attendance registers with the topic listed shall be kept.

3.20 OHS training

1. The Main contractor, when making a bid for this project shall provide a breakdown list of the

OHS training requirements and the costing of such requirements. Similarly, appointed

contractor must provide the same requirements when bidding with the Main contractor.

2. The scope of training includes but is not limited to the type of work being performed and the

relevant procedures. Additional to the requirements, will be that the Main contractor and

appointed contractors must have the appropriate qualifications, certificates and employees

should always be under competent supervision.

3. Where legislative and Eskom recommended appointments are made, the relevant training shall

be given to those appointees prior to the acceptance of those appointments.

4. When there is an amendment to the Acts and/or to the regulations, OHS specification and OHS

plan, all affected staff shall undergo the applicable refresher training.

5. Appropriate time must be set aside for training (induction and other) of all employees.

6. Records of all training and qualifications of all contractor employees must be kept on the OHS