Upgrade of hmi simulator at matla power station for a period of two (02) years

{"name":null,"email":null,"phone":null,"department":"/ PUBLIC ENTITY)","address":"UIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7)."}

Bidders must be registered on the Central Supplier Database (CSD) or provide a SARS Tax Compliance Status (TCS) PIN. B-BBEE status level verification certificate or sworn affidavit (for EMEs & QSEs) must be submitted to qualify for preference points. Failure to provide required particulars may render the bid invalid. Foreign suppliers must answer the questionnaire in Part B:3; if the answer is 'No' to all questions, they are not required to obtain a TCS from SARS.

The successful bidder will be required to fill in and sign a written contract form (sbd7).

Bid response documents may be deposited in the bid box

Situated at (street address)

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION Yes B-BBEE STATUS Yes

Certificate level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the certificate

Issued by?

An accounting officer as contemplated in the close corporation

An accounting officer as act (cca)

Contemplated in the close a verification agency accredited by the south african

Corporation act (cca) and name accreditation system (sanas)

The applicable in the tick box a registered auditor

Name:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN Yes No

Representative in south africa based supplier for

For the goods /services /works the goods /services [if yes answer part b:3

Offered? [If yes enclose proof] /works offered? Below ]

Signature of bidder .................................... Date

Capacity under which this bid is

SIGNED (Attach proof of authority to sign

this bid; e.g. resolution of directors, etc.)

Total bid price (all

Total number of items offered inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department/ public entity contact person

Contact person telephone number

Telephone number facsimile number

Facsimile number e-mail address

E-mail address

Sbd1

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be accepted for

Consideration.

1.2. All bids must be submitted on the official forms provided–(not to be re-typed) or online

1.3. Bidders must register on the central supplier database (csd) to upload mandatory information namely: (

Business registration/ directorship/ membership/identity numbers; tax compliance status; and banking

Information for verification purposes). B-bbee certificate or sworn affidavit for b-bbee must be submitted

To bidding institution.

1.4. Where a bidder is not registered on the csd, mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status may not be submitted with the bid

Documentation. B-bbee certificate or sworn affidavit for b-bbee must be submitted to bidding institution.

1.5. This bid is subject to the preferential procurement policy framework act 2000 and the preferential

Procurement regulations, 2017, the general conditions of contract (gcc) and, if applicable, any other

Legislation or special conditions of contract.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS to enable the

Organ of state to view the taxpayer’s profile and tax status.

2.3 Application for tax compliance status (tcs) or pin may also be made via e-filing. In order to use this provision,

Taxpayers will need to register with SARS as e-filers through the website www.SARS.GOV.ZA.

2.4 Bidders may also submit a printed tcs together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved, each party must submit a separate

Proof of tcs / pin / csd number.

2.6 Where NO tcs is available but the bidder is registered on the central supplier database (csd), a csd number

Must be provided.

3. Questionnaire to bidding foreign suppliers

3.1. Is the bidder a resident of the republic of south africa (RSA)? yes NO

3.2. Does the bidder have a branch in the RSA? yes NO

3.3. Does the bidder have a permanent establishment in the RSA? yes NO

3.4. Does the bidder have any source of income in the RSA? yes NO

If the answer is “NO” to all of the above, then, IT is not a requirement to obtain a tax compliance status / tax

Compliance system pin code from the south african revenue service (SARS) and if not register as per 2.3 Above.

Nb: failure to provide any of the above particulars may render the bid invalid.

Tax compliance status

Tax compliance status may not be submitted with the bid

Tax compliance requirements

Tax compliance status (tcs) or pin may also be made via e-filing

Tax compliance status / tax

TCS PIN: OR CSD No

Csd number

Central supplier database (csd) to upload mandatory information namely: (

Central supplier database (csd), a csd number

1.3. Bidders must register on the central supplier database (csd) to upload mandatory information namely: (

Business registration/ directorship/ membership/identity numbers; tax compliance status; and banking

1.4. Where a bidder is not registered on the csd, mandatory information namely: (business registration/

Directorship/ membership/identity numbers; tax compliance status may not be submitted with the bid

2. Tax compliance requirements

2.3 Application for tax compliance status (tcs) or pin may also be made via e-filing. In order to use this provision,

1.4. Where a bidder is not registered on the csd, mandatory inform

B-BBEE Details: SBD1

Part a

Invitation to bid

You are hereby invited to bid for requirements of the (name of department/ public entity)

Bid number: closing date: closing time:

Description

The successful bidder will be required to fill in and sign a written contract form (sbd7).

Bid response documents may be deposited in the bid box

Situated at (street address)

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration number

TCS PIN: OR CSD No:

B-BBEE STATUS LEVEL VERIFICATION Yes B-BBEE STATUS Yes

Certificate level sworn

[TICK APPLICABLE BOX] No AFFIDAVIT No

If yes, who was the certificate

Issued by?

An accounting officer as contemplated in the close corporation

An accounting officer as act (cca)

Contemplated in the close a verification agency accredited by the south african

Corporation act (cca) and name accreditation system (sanas)

The applicable in the tick box a registered auditor

Name:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN

Order to qualify for preference points for b-bbee]

ARE YOU THE ACCREDITED Yes No ARE YOU A FOREIGN Yes No

Representative in south africa based supplier for

For the goods /services /works the goods /services [if yes answer part b:3

Offered? [If yes enclose proof] /works offered? Below ]

Signature of bidder .................................... Date

Capacity under which this bid is

SIGNED (Attach proof of authority to sign

this bid; e.g. resolution of directors, etc.)

Total bid price (all

Total number of items offered inclusive)

Bidding procedure enquiries may be directed to: technical information may be directed to:

Department/ public entity contact person

Contact person t

Insufficient searchable text - AI extraction recommended

No eligibility criteria specified

{"name":null,"email":null,"phone":null,"department":null,"address":"tion with the tender offer for Contract _ _ _ _ _ _ _ _"}

Returnable documents include the Authority to Submit a Tender (Eskom form 240-59384675), which must be completed and signed. For a company, a board resolution must authorise the signatory; for a close corporation, a member's resolution is required; for a partnership, all partners must sign; for a joint venture, a Joint Venture Certificate must be completed. A Certificate for Sole Proprietor is also required if applicable. All documents must be signed and dated.

Bidders must be one of the following: a company, close corporation, partnership, joint venture, or sole proprietor, and must provide the relevant authorisation certificate as per the Authority to Submit a Tender. No other eligibility criteria (e.g., CSD registration, tax clearance, B-BBEE level) are stated in the provided document.

joint venture agreement which incorporates a statement

power of attorney signed by legally authorised signatories of all

{"name":null,"email":null,"phone":null,"department":"y), should the resulting tender, or part thereof, be","address":"ENDERING PRACTICES"}

Returnable documents include Annexure A – Integrity Declaration Form, which must be completed, signed, and submitted with the tender. The integrity declaration requires full names, capacity/position, identity numbers, and details of any relationship with Eskom employees or other tenderers. A joint venture agreement must be attached if applicable, stating joint and several liability and authorising the lead partner to act on behalf of all partners. Bidders must not be listed on National Treasury's Database of Restricted Suppliers or the Register for Tender Defaulters, and must not have been convicted of fraud or corruption related to procurement in the past five years. Bidders must not be prohibited from doing business with any International Financial Development/funding Agency or Lending Institution.

Bidders must complete and sign Annexure A – Integrity Declaration Form. Bidders must declare any interest or relationship with Eskom employees/directors or other tenderers. Bidders must not be listed on National Treasury's Database of Restricted Suppliers or the Register for Tender Defaulters. Bidders must not have been convicted of fraud or corruption related to procurement in the past five years. Bidders must not be prohibited from doing business with any International Financial Development/funding Agency or Lending Institution. For joint ventures, a joint venture agreement must be attached.

Annexure A – Integrity Declaration Form requires the tenderer to declare any interest or relationship with Eskom employees, directors, or other tenderers, including marital, familial, personal, financial, or other relationships. The tenderer must confirm whether any employee, director, member, shareholder, or owner is currently employed by Eskom, and if so, whether authorisation has been obtained for remunerative work outside the public sector. The declaration also requires confirmation of whether the tenderer shares a controlling partner or has any relationship with other tenderers in the same tendering process.

For joint ventures, a copy of the joint venture agreement must be attached, incorporating a statement that all partners are liable jointly and severally for the execution of the contract, and that the lead partner is authorised to incur liabilities, receive instructions and payments, and be responsible for the entire execution of the contract on behalf of all partners.

joint venture agreement which incorporates a statement that all partners are

information furnished herein is correct, that it is understood that the tenderer’s

tender/proposal may be rejected, and that Eskom will act against the tenderer should any

aspect of this this declaration prove to be false.

information furnished herein is correct, that it is understood that the JV’s tender/proposal may

be rejected, and that Eskom will act against the JV should any aspect of this this declaration

prove to be false.

Closing date: 2026-10-05 at 10:00 (UTC).

No closing date or other important dates are provided in the document. The document has an effective date of 08 November 2024 and a review date of November 2029, but these are not tender deadlines.

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

The evaluation criteria are not stated in the provided document. The only requirement is that the bidder must be a legally recognised entity type and must provide the corresponding certificate and certified supporting documents.

Joint Venture Agreement which incorporates a statement

power of attorney in the case of

power of attorney signed by the legally authorised

{"closingDate":"1 March 2024"}

Group Tax email: [email protected]. No other contact details are provided.

Submit the completed evaluation pack with all required appendices and signed declarations. Return the pack to Eskom, copying Group Tax at [email protected]. The pack must be completed truthfully and in full; incomplete or unsigned packs may be rejected. Contractors are responsible for the accuracy and completeness of all information provided.

Return the completed pack with signed affidavits to Eskom, copying Group Tax at [email protected]. The contractor must sign the 'Particulars of person acting as representative' or 'Particulars of Individual' section at the end of the pack.

The evaluation assesses the contractor's tax status and classification as an independent or dependent contractor using the Dominant Impression Test. Questions cover whether payment is tied to deliverables, Eskom's control over tools/equipment/staff, the right to sub-contract, personal risk for quality, and other indicators. The contractor must disclose income tax, VAT, and other tax details.

The Fourth Schedule to the Income Tax Act (“the Act”) requires that Employees' Tax must be

withheld from "remuneration" paid by an "Employer" to an "Employee". This tool is intended to establish

whether an Individual, Close Corporation, Company or Trust should be classified as an Independent

Contractor, Personal Service Provider, Labour Broker or a Dependent Contractor, and the tax

consequences of such classification.

This Pack is applicable ONLY to Contractors who supply Eskom Holdings SOC Ltd (“Eskom”) and its

subsidiaries with services or Individual Contractors providing Eskom with labour.

The Contractor or its duly authorised representative must declare that all questions have been answered

truthfully.

Answering the questions will direct you to your next step.

Please note:

This Pack is based on tax legislation for the 2024/2025 tax year and is subject to change.

In the questions, any references to "you" refers to the Contractor.

In the questions, the term Contractor is used interchangeably with Individual/CC/Company/Trust.

Definitions as per the Income Tax Act are included in Appendix 10.

Any reference to “Eskom” refers to Eskom Holdings SOC Ltd and its subsidiaries:

• Eskom Rotek Industries SOC Ltd

• Eskom Enterprises SOC (Pty) Ltd

• Escap SOC (Pty) Ltd

• Eskom Finance Company SOC (Pty) Ltd

• Eskom Foundation NPC

• National Transmission Company SA

The Pack is based on legislation and case law applicable to the 2024/2025 tax year. We therefore

recommend that, if it is used outside of this period, you should first consult with your representative in

Eskom to refer it to Eskom’s Corporate Tax Department in Megawatt Park.

When you return the completed Pack; i.e. the signed summary sheet and signed affidavits to Eskom,

please copy Group Tax on Email address: [email protected]

The Contractor or its duly Authorised Representative acknowledges and accepts that:

• Definitions as per the Income Tax Act, No , as amended, are listed in Appendix 10 for

ease of reading.

• It is responsible for accuracy and completeness of all information, which is provided in completing

this Pack;

• The Pack will not be automatically updated with any changes in legislation.

Disclaimer

Applicable to the 2024/2025 Tax Years

Eskom accepts no liability whatsoever for any loss or damages whatsoever and howsoever incurred, or

suffered, resulting, or arising, from the use of this Pack.

Contractor type

Supplier category

Please complete the following questionnaire for:

Company/Close Corporation/Trusts - EVALUATION PACK A on .

Individuals - EVALUATION PACK B on .

Applicable to the 2024/2025 Tax Years

Evaluation pack a

(To determine whether a Company, Close Corporation (CC) or Trust is a Personal

Service Provider)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for a company or close corporation or

Trust

Contractor’s Name* Vendor No.

Duly Authorised Representative Name Representative Surname

Capacity Representative ID No.*

Representative Passport No. (if no RSA ID) Country of Passport Issue

VAT Registration No. Income Tax Registration No.*

CO/CC/Trust Registration No.* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

Address TYPE (Delete where not applicable) P O Box/Private Bag/Street Address

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

Name of Account Holder Account Type (Delete where not applicable)

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

i.e. own, joint or 3rd party Own/Joint/3rd Party

Applicable to the 2024/2025 Tax Years

Please answer the following questions by marking the appropriate column with an

"X".

The term “You” will refer to the Company/CC/Trust in this Questionnaire.

1. RESIDENCE Yes No

Question 1(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a resident).

If the answer is Yes, go to Question 2(i).

If the answer is No:

• Sign Appendix 9. Submit The Pack to your contractor representative in

Eskom to refer it to Eskom Group Tax Department in Megawatt Park.

• No further questions must be answered.

2. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 2(i)

Do you employ 3 (three) or more persons (excluding shareholders or members or

beneficiaries of the Company/CC/Trust)?

If the answer is Yes, go to Question 2(ii).

If the answer is No, go to Question 3(i).

Question 2(ii)

Are these employees employed:

• On a full time basis; and
• Are they engaged in the business of the Company/CC/Trust?

If the answer is Yes, go to Question 2(iii).

If the answer is No, go to Question 3(i).

Question 2(iii)

Are the above 3 employees connected to the shareholders or the members or the

beneficiaries of the Company/CC/Trust?

If the answer is Yes, go to Question 3(i).

If the answer is No:

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the Evaluation Pack.

Applicable to the 2024/2025 Tax Years

3. SERVICES RENDERED BY A CONNECTED PERSON Yes No

Question 3(i)

Will/are any person who is a Connected person in relation to the Company/CC/Trust

render services personally to Eskom on behalf of the Company/CC/Trust? (Refer to

Appendix 10 for the definition of a Connected person).

If the answer is Yes, go to Question 4(i).

If the answer is No:

• Sign Appendix 2. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

4. MORE THAN 80% OF INCOME TEST Yes No

Question 4(i)

During the current year of assessment:

• Will more than 80% of your income; or
• Is it likely that more than 80% of your income will consist of amounts

received either directly or indirectly, from:

• any one client, or
• an Associated institution in relation to that client? (Refer to Annexure 9 for

the definition of an Associated institution)

If the answer is Yes:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

If the answer is No:

• Sign Appendix 4. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 5(i).

5. PLACE, CONTROL AND SUPERVISION TEST Yes No

Question 5(i)

Must your duties be performed /are your duties performed mainly (more than 50%) at

the premises of Eskom,

And

Will you be subject /are you subject to Eskom’s control or supervision as to the

manner in which your duties are to be performed?

If the answer is Yes to BOTH questions:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

If the answer is No:

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

Do/will the payments by Eskom for services payable with reference to output or

certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due if

and when a specific deliverable has been completed?

Question 6(ii)

Does/Will Eskom have the contractual right to control the tools or equipment, staff,

raw materials, routines, patents or technology used in the provision of the services?

Question 6(iii)

Are you/will you prohibited from rendering services to any other employers/clients

during the period of service to Eskom?

Question 6(iv)

Do/will you have the right to sub-contract work?

Question 6(v)

Are you personally or will you personally be at risk for the quality of the work done or

to be done (risk for poor quality; time over-runs, project not producing income)?

Question 6(vi)

Are/will you or the person rendering the service be obliged to be present and perform

the work at Eskom regardless of whether work is available or not?

Question 6(vii)

Is Eskom’s business or will Eskom’s business be critical to your financial/economic

survival?

Question 6(viii)

Does/will your position form part of Eskom’s organisational structure?

Question 6(ix)

Does/will Eskom provide you with any of the following:

• Pension fund / Provident fund / Retirement Annuity Fund;
• Medical Aid;
• Leave of any nature;
• Salary increases;
• Bonuses;
• Any allowances.

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

Does/will Eskom provide you with any equipment, tools, stationery and material?

Please go to the next section to establish your tax status.

Applicable to the 2024/2025 Tax Years

To establish your tax status, you need to summarise the “Yes” and “No” as

answered on Question 6(i) to 6(xi) in the column below:

Question Yes No

6(i) Independent PSP

6(ii) PSP Independent

6(iii) PSP Independent

6(iv) Independent PSP

6(v) Independent PSP

6(vi) PSP Independent

6(vii) PSP Independent

6(viii) PSP Independent

6(ix) PSP Independent

6(x) PSP Independent

6(xi) PSP Independent

Decision

Independent

Psp

If you have answered “PSP” to any of the following questions 6 (i), 6(iii), 6(v), 6(vi),

6(ix);

or

If you have answered more than 50% “PSP” to questions 6(ii), 6(iv), 6(vii), 6(viii),

6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments

and will be coded as 3601 on your IRP5 certificate.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Alternatively:

If you have already signed Appendix 7 on Questions 4 or 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 4 or 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2024/2025 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please sign

he

following

Questions Answer Appendix

(Appendices

)

1(i) Are you a Resident of the Republic of South Africa in terms of the Income

Tax Act?

2(i) Do you employ 3 (three) or more persons (excluding shareholders or

members or beneficiaries of the Company/CC/Trust and connected

persons in relation to the shareholder or member or beneficiaries)?

2(i ) Are these employees employed on a full time basis and are they engaged

in the business of the Company/CC/Trust?

2(iii) Are the above 3 employees connected to the shareholders or the members

or beneficiaries of the Company/CC/Trust?

3(i) Will/are any person who is a Connected person in relation to the

Company/CC/Trust render services personally to Eskom on behalf of the

Compa y/CC Trust?

4(i) During the current year of assessment will more than 80% of your income

or is it likely that more than 80% of your income will consist of amounts

received either directly or indirectly from any one client, or an Associated

institution in relation to that client?

5(i) Must your duties be performed / are your duties performed mainly (more

than 50%) at the premises of Eskom AND will you be /are you subject to

Eskom’s control or supervision as to the manner in which your duties are

performed or to the hours of work?

6( ) Do/will the payments by Eskom for services payable with reference to

output or certain agreed results, e.g. payment (be a fixed fee or an hourly

rate) be only due if and when a specific deliverable has been completed?

6(ii) Does/Will Eskom have the contractual right to control the tools or

equipment, staff, raw materials, routines, patents or technology used in the

provision of the services?

6(iii) Are you/will you prohibited from rendering services to any other

employers/clients during the period of service to Eskom?

6(iv) Do/will you have the right to sub-contract work?

6(v) Are you personally or will you personally be at risk for the quality of the

work done or to be done (risk for poor quality; time over-runs, project not

producing income)?

6(vi) Are/will you or the person rendering the service be obliged to be present

and perform the work at Eskom regardless of whether work is available or

not?

6(vii) Is Eskom’s business or will Eskom’s business be critical to your

financial/economic survival?

6(viii) Does/will your position form part of Eskom’s organisational structure?

6(ix) Does/will Eskom provide you with any of the following:

Pension fund / Provident fund / Retirement Annuity Fund; medical aid,

leave of any nature, salary increases, bonuses or any allowances.

6(x) Does/will Eskom provide you with an office?

6(xi) Does/will Eskom provide you with any equipment, tools, stationery and

material?

Tax Status

Particulars of person acting as representative of the company/close

Corporation/trust

I, the undersigned, confirm that the information provided above is accurate, and that the Company/CC/Trust will,

while contracted to Eskom, inform Eskom of any changes that take place pertaining to the information provided

above. Eskom shall be entitled to withhold from any payments to be made to the Company/CC/Trust, any taxes,

interest and penalties that it may be required to pay to SARS as a result of the above information being inaccurate.

Representative's Full Names Capacity Contact No.

Signature Date

Applicable to the 2024/2025 Tax Years

Evaluation pack b

(To determine whether an Individual is a Dependent Contractor)

Fields marked with an Asterisk (*) must be completed

Contractor’s details for an individual*

Trading Name* Vendor No.

First Names* Initials*

Surname* ID Number*

Passport No. (if no RSA ID) Country of Passport Issue

VAT Registration No. Income Tax Registration No.*

Date of Birth* E-Mail Address

Telephone Number* Fax Number

Contractor’s Physical Business Address*

Unit No

Complex Name

Street Number

Street Name

Suburb

City/Town

Postal Code

Contractor’s Postal Business Address*

Same as above (Mark with an X)

Address TYPE (Delete where not applicable) P O Box/Private Bag/Street Address

P O Box/Private Bag/Street NUMBER

Street Name

Suburb

Town

Postal Code

Contractor’s Bank Details*

Account Number Bank Name

Branch Name Branch Number

Name of Account Holder Account Type (Delete where not applicable)

Current/ Savings/ Transmission/Credit Card/Bond

Account

Account Holder Relationship*

i.e. own, joint or 3rd party Own/Joint/3rd Party

Applicable to the 2024/2025 Tax Years

Please answer the following questions by marking the appropriate column with an

"X".

1. Service or people test service people

Question 1(i)

Do/will you provide Eskom with a service or people?

If the answer is “Service”:

• Complete and sign Appendix 5 Affidavit. If the Affidavit is not signed,

PAYE will be withheld from your payments.

• Go to Question 3(i).

If the answer is “People”, go to Question 2(i).

2. PEOPLE TEST Yes No

Question 2(i)

Do you provide Eskom with People and will these people be paid by you?

If the answer is Yes, go to Question 2(ii).

If the answer is No, go to Question 3(i).

Question 2(ii)

Are you in possession of an IRP30 exemption certificate which is valid for the period

under review?

If the answer is Yes:

• Sign Appendix 6. If the Agreement is not signed, PAYE will be withheld

from your payments.

• Provide Eskom with the valid IRP30 certificate. If this certificate is not

provided, PAYE will be withheld from your payments until such time

the IRP30 certificate is provided.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

If the answer is No:

• Sign Appendix 6. PAYE will be withheld from your payments.
• PAYE will be withheld from your payments until such time the valid

IRP30 certificate is provided.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

3. RESIDENCE TEST Yes No

Question 3(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a Resident).

If the answer is Yes, go to Question 4(i).

If the answer is No:

• Sign Appendix 9. Submit this document to your representative in

Eskom to refer it to Eskom Group Tax Department in Megawatt.

• No further questions must be answered.

Applicable to the 2024/2025 Tax Years

4. NUMBER OF EMPLOYEES EXCLUSION Yes No

Question 4(i)

Do you employ:

• 3 (three) or more persons, throughout the year?

If the answer is Yes, go to Question 4(ii).

If the answer is No, go to Question 5(i).

Question 4(ii)

Are these employees employed:

• On a full time basis in your business; and
• Are they engaged in the business of the Individual?

If the answer is Yes, go to Question 4(iii).

If the answer is No, go to Question 5(i).

Question 4(iii)

Are any of these employees Connected persons in respect of the Individual, e.g.

spouse, parent, adoptive parent, child, grandparent, cousin, etc.? (Refer to

Appendix 10 for the definition of Connected person).

If the answer is Yes, go to Question 5(i).

If the answer is No:

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Pack.

5. PLACE AND CONTROL TEST Yes No

Question 5(i)

Must your duties be performed mainly (i.e. more than 50%) at premises of Eskom?

If the answer is Yes, go to Question 5(ii).

If the answer is No, go to Question 5(ii).

Question 5(ii)

Will you be /are you subject to Eskom’s control or supervision as to the manner in

which your duties are to be performed or as to the hours of work?

If the answers in both Questions 5(1) and 5(ii) are Yes:

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign the “Particulars of Individual” at the end of the Evaluation Pack.

If the answer is No:

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

6. DOMINANT IMPRESSION TEST Yes No

Question 6(i)

Do/will the payments by Eskom for services payable with reference to output or

certain agreed results, e.g. payment (be it a fixed fee or an hourly rate) be only due

if and when a specific deliverable has been completed?

Question 6(ii)

Does/Will Eskom have the contractual right to control the tools or equipment, staff,

raw materials, routines, patents or technology used in the provision of the services?

Question 6(iii)

Are you/will you prohibited from rendering services to any other employers/clients

during the period of service to Eskom?

Question 6(iv)

Do/will you have the right to sub-contract work?

Question 6(v)

Are you personally / will you personally be at risk for the quality of the work done or

to be done (risk for poor quality; time over-runs, project not producing income)?

Question 6(vi)

Are/will you or the person rendering the service be obliged to be present and

perform the work at Eskom regardless of whether work is available or not?

Question 6(vii)

Is Eskom’s business or will Eskom’s business be critical to your financial/economic

survival?

Question 6(viii)

Does/will your position form part of Eskom’s organisational structure?

Question 6(ix)

Does/will Eskom provide you with any of the following:

• Pension fund / Provident fund / Retirement Annuity Fund;
• Medical Aid;
• Leave of any nature;
• Salary increases;
• Bonuses;
• Any allowances.

Question 6(x)

Does/will Eskom provide you with an office?

Question 6(xi)

Does/will Eskom provide you with any equipment, tools, stationery and material?

Please go to the next section to establish your tax status.

Applicable to the 2024/2025 Tax Years

To establish your tax status, you need to summarise the “Yes” and “No” as

answered on Question 6(i) to 6(xi) in the column below:

Question Yes No

6(i) Independent Employee

6(ii) Employee Independent

6(iii) Employee Independent

6(iv) Independent Employee

6(v) Independent Employee

6(vi) Employee Independent

6(vii) Employee Independent

6(viii) Employee Independent

6(ix) Employee Independent

6(x) Employee Independent

6(xi) Employee Independent

Decision

Independent

Psp

If you have answered “Employee” to any of the following questions 6 (i), 6(iii), 6(v),

6(vi), 6(ix);

or

If you have answered more than 50% “Employee” to questions 6(ii), 6(iv), 6(vii),

6(viii), 6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments.
• No further questions must be answered.
• Sign “Particulars of Individual” at the end of the evaluation Pack.

Alternatively:

If you have already signed Appendix 7 on Questions 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2024/2025 Tax Years

Summary for ID No. Vendor No:

Company/Close Corporation/Trust Summary

Please si n

the following

2. If I do provide Eskom with a valid IRP30 certificate:

• No Employees' Tax will be withheld from payments made to me.
• An IT3(a) certificate with the code 3617 will be issued to me and the reason code to be used for

the non-deduction is 07.

3. If I do not provide Eskom with a valid IRP30 certificate:

• Employees' Tax will be withheld from payments made at the tax rates applicable to individuals

until such time that a valid IRP30 certificate is provided to Eskom.

• An IRP5 certificate with the code 3617 will be issued to me.

Labour Broker Individual N/A X IRP5 / IT3(a) 3617 A

tax rates

Dependent Contractor Individual X X IRP5 / IT3(a) 3601 or “A” for

tax rates 3616 Individual

“E” for

Company/close corporation/trust ..................................................................... 11

Evaluation pack b....................................................................................................................... 12

Contractor’s details for an individual* ..................................................................... 12

1. Service or people test ................................................................................................... 13

Question 1(i) .............................................................................................................................. 13

2. People test .......................................................................................................................... 13

Question 2(i) .............................................................................................................................. 13

Question 2(ii) ............................................................................................................................. 13

3. Residence test ................................................................................................................... 13

Question 3(i) .............................................................................................................................. 13

4. Number of employees exclusion ................................................................................ 14

Question 4(i) .............................................................................................................................. 14

Question 4(ii) ............................................................................................................................. 14

Question 4(iii) ............................................................................................................................ 14

5. Place and control test ................................................................................................. 14

Question 5(i) .............................................................................................................................. 14

Question 5(ii) ............................................................................................................................. 14

6. Dominant impression test ............................................................................................. 15

Question 6(i) .............................................................................................................................. 15

Question 6(ii) ............................................................................................................................. 15

Question 6(iii) ............................................................................................................................ 15

Question 6(iv) ............................................................................................................................ 15

Question 6(v) ............................................................................................................................. 15

Question 6(vi) ............................................................................................................................ 15

Question 6(vii) ........................................................................................................................... 15

Question 6(viii)........................................................................................................................... 15

Question 6(ix) ............................................................................................................................ 15

Question 6(x) ............................................................................................................................. 15

Question 6(xi) ............................................................................................................................ 15

Particulars of individual .............................................................................................. 17

Applicable to the 2024/2025 Tax Years

Appendix 1 ....................................................................................................................................... 18

Three or more full - time employees who are not connected persons . 18

Appendix 2 ....................................................................................................................................... 19

ESKOM ...................................................................................................................................... 19

Appendix 3 ....................................................................................................................................... 20

And/or shall not be controlled or supervised by ESKOM ............................. 20

Appendix 4 ....................................................................................................................................... 21

Affidavit confirming that not more than eighty percent (80 %) of income

Is or is likely to be received from any one client ............................................. 21

Appendix 5 ....................................................................................................................................... 22

Opposed to people ........................................................................................................... 22

Appendix 6 ....................................................................................................................................... 23

Declaration by ........................................................................................................................ 23

That the contractor is a labour broker ................................................................... 23

Appendix 7 ....................................................................................................................................... 24

Declaration by ........................................................................................................................ 24

Provider ................................................................................................................................ 24

Appendix 8 ....................................................................................................................................... 25

Declaration by ........................................................................................................................ 25

That the contractor is an independent supplier or contractor .................. 25

Appendix 9 ....................................................................................................................................... 26

Declaration by ........................................................................................................................ 26

That the contractor is a non-resident of the republic of south africa .... 26

Appendix 10 ..................................................................................................................................... 27

Definitions as per the income tax act, NO. , as amended. ................... 27

“Connected Person” .................................................................................................................. 27

"Associated Institution", in relation to any single employer, ...................................................... 28

"Labour Broker" ......................................................................................................................... 28

"Personal Service Provider” ...................................................................................................... 28

"Remuneration" ......................................................................................................................... 28

“Resident” .................................................................................................................................. 29

Applicable to the 2024/2025 Tax Years

Introduction

The Fourth Schedule to the Income Tax Act (“the Act”) requires that Employees' Tax must be

withheld from "remuneration" paid by an "Employer" to an "Employee". This tool is intended to establish

whether an Individual, Close Corporation, Company or Trust should be classified as an Independent

Definitions as per the Income Tax Act are included in Appendix 10.

Any reference to “Eskom” refers to Eskom Holdings SOC Ltd and its subsidiaries:

• Eskom Rotek Industries SOC Ltd

• Eskom Enterprises SOC (Pty) Ltd

• Escap SOC (Pty) Ltd

• Eskom Finance Company SOC (Pty) Ltd

• Eskom Foundation NPC

• National Transmission Company SA

The Pack is based on legislation and case law applicable to the 2024/2025 tax year. We therefore

recommend that, if it is used outside of this period, you should first consult with your representative in

Eskom to refer it to Eskom’s Corporate Tax Department in Megawatt Park.

When you return the completed Pack; i.e. the signed summary sheet and signed affidavits to Eskom,

please copy Group Tax on Email address: [email protected]

• Definitions as per the Income Tax Act, No , as amended, are listed in Appendix 10 for

ease of reading.

• It is responsible for accuracy and completeness of all information, which is provided in completing

this Pack;

• The Pack will not be automatically updated with any changes in legislation.

Question 1(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a resident).

If the answer is Yes, go to Question 2(i).

• Sign Appendix 9. Submit The Pack to your contractor representative in

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the Evaluation Pack.

Applicable to the 2024/2025 Tax Years

render services personally to Eskom on behalf of the Company/CC/Trust? (Refer to

Appendix 10 for the definition of a Connected person).

If the answer is Yes, go to Question 4(i).

• Sign Appendix 2. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

4. MORE THAN 80% OF INCOME TEST Yes No

Question 4(i)

• Sign Appendix 7. PAYE will be withheld from your payments.
• Go to Question 6(i) to determine the correct disclosure code on the IRP5.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

• Sign Appendix 4. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 5(i).

• Sign Appendix 7. PAYE will be withheld from your payments.

• Go to Question 6(i) to determine the correct disclosure code on the IRP5.

• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

Psp

If you have answered “PSP” to any of the following questions 6 (i), 6(iii), 6(v), 6(vi),

6(ix);

or

If you have answered more than 50% “PSP” to questions 6(ii), 6(iv), 6(vii), 6(viii),

6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments

and will be coded as 3601 on your IRP5 certificate.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

If you have already signed Appendix 7 on Questions 4 or 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 4 or 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be withheld

from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2024/2025 Tax Years

(Appendices

)

1(i) Are you a Resident of the Republic of South Africa in terms of the Income

Tax Act?

2(i) Do you employ 3 (three) or more persons (excluding shareholders or

members or beneficiaries of the Company/CC/Trust and connected

persons in relation to the shareholder or member or beneficiaries)?

2(i ) Are these employees employed on a full time basis and are they engaged

in the business of the Company/CC/Trust?

2(iii) Are the above 3 employees connected to the shareholders or the members

or beneficiaries of the Company/CC/Trust?

3(i) Will/are any person who is a Connected person in relation to the

Question 1(i)

Do/will you provide Eskom with a service or people?

If the answer is “Service”:

• Complete and sign Appendix 5 Affidavit. If the Affidavit is not signed,

• Sign Appendix 6. If the Agreement is not signed, PAYE will be withheld

from your payments.

• Provide Eskom with the valid IRP30 certificate. If this certificate is not

provided, PAYE will be withheld from your payments until such time

the IRP30 certificate is provided.

• No further questions must be answered.

• Sign the “Particulars of Individual” Section at the end of the Evaluation

• Sign Appendix 6. PAYE will be withheld from your payments.

• PAYE will be withheld from your payments until such time the valid

IRP30 certificate is provided.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Question 3(i)

Are you a Resident of the Republic of South Africa in terms of the Income Tax Act?

(Refer to Appendix 10 for the definition of a Resident).

If the answer is Yes, go to Question 4(i).

• Sign Appendix 9. Submit this document to your representative in

spouse, parent, adoptive parent, child, grandparent, cousin, etc.? (Refer to

Appendix 10 for the definition of Connected person).

If the answer is Yes, go to Question 5(i).

• Sign Appendix 1. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign the “Particulars of Individual” Section at the end of the Evaluation

Question 5(i)

Must your duties be performed mainly (i.e. more than 50%) at premises of Eskom?

If the answer is Yes, go to Question 5(ii).

If the answer is No, go to Question 5(ii).

Question 5(ii)

Will you be /are you subject to Eskom’s control or supervision as to the manner in

which your duties are to be performed or as to the hours of work?

If the answers in both Questions 5(1) and 5(ii) are Yes:

• Sign Appendix 7. PAYE will be withheld from your payments.

• Go to Question 6(i) to determine the correct disclosure code on the IRP5.

• Sign the “Particulars of Individual” at the end of the Evaluation Pack.

• Sign Appendix 3. If the Affidavit is not signed, PAYE will be withheld

from your payments.

• Go to Question 6(i).

Applicable to the 2024/2025 Tax Years

Psp

If you have answered “Employee” to any of the following questions 6 (i), 6(iii), 6(v),

6(vi), 6(ix);

or

If you have answered more than 50% “Employee” to questions 6(ii), 6(iv), 6(vii),

6(viii), 6(x), 6(xi):

• Complete and sign Appendix 7. PAYE will be withheld from your payments.
• No further questions must be answered.
• Sign “Particulars of Individual” at the end of the evaluation Pack.

If you have already signed Appendix 7 on Questions 5:

• Code 3616 must be marked on Appendix 7 as the applicable code to be

disclosed on the IRP5 for payments received.

If you have not signed Appendix 7 on Questions 5:

• Sign Appendix 8. If the Declaration is not signed, PAYE will be

withheld from your payments.

• No further questions must be answered.
• Sign “Particulars of person acting as representative of the Company/Close

Corporation/Trust” at the end of the evaluation Pack.

Applicable to the 2024/2025 Tax Years

Applicable to the 2024/2025 Tax Years

Appendix 1

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 3

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 4

Affidavit confirming that not more than eighty percent (80 %) of

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 5

• Knows and understands the content of this declaration,
• That he / she has NO objection to taking the prescribed oath,
• And considers IT to be binding on his / her conscience.

Thus signed and sworn to before me at ______________on this day

Of __________20.

Applicable to the 2024/2025 Tax Years

Appendix 6

Applicable to the 2024/2025 Tax Years

Appendix 7

Applicable to the 2024/2025 Tax Years

Appendix 8

Applicable to the 2024/2025 Tax Years

Appendix 9

Applicable to the 2024/2025 Tax Years

Appendix 10

rendering any such service, other than any employee who is a shareholder or member of the

company or trust or is a connected person in relation to such person;

"Remuneration"

means -

any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage,

overtime pay, bonus, gratuity, commission, fee, emolument pension, superannuation allowance, retiring

allowance or stipend, whether in cash or otherwise and whether or not in respect of services rendered,

including-

a) any amount referred to in paragraph (a), (c), (cA),(d), (e), (eA) or (f) of the definition of "gross

income" in section one of this Act;

any amount required to be included in such person's gross income under paragraph (i) of that definition;

Applicable to the 2024/2025 Tax Years

bA) ...

but not including-

ii) any amount paid or payable in respect of services rendered or to be rendered by any person

(other than a person who is not a resident or an employee contemplated in paragraph (b), (c),

(d) (e) or (f)of the definition of "employee") in the course of any trade carried on by him

independently of the person by whom such amount is paid or payable and of the person to

whom such services have been or are to be rendered: Provided that for the purposes of this

paragraph a person shall not be deemed to carry on a trade independently as aforesaid if the

services are required to be performed mainly at the premises of the person by whom such

amount is paid or payable or of the person to whom such services were or are to be rendered

and the person who rendered or will render the services is subject to the control or supervision

of any other person as to the manner in which his or her duties are performed or to be

performed or as to his hours of work. Provided further that a person will be deemed to be

carrying on a trade independently as aforesaid if he throughout the year of assessment employs

three or more employees who are on a full time basis engaged in the business of such person

of rendering any such service, other than any employee who is a connected person in relation to

such person;

iii) ...

“Resident”

means any-

(a) natural person who is-

(i) ordinarily resident in the Republic; or

(ii) not at any time during the relevant year of assessment ordinarily resident in the Republic, if that

person was physically present in the Republic-

a) for a period or periods exceeding 91 days in aggregate during the relevant year of

assessment, as well as for a period or periods exceeding 91 days in aggregate during each

of the five years of assessment preceding such year of assessment; and

b) for a period or periods exceeding 915 days in aggregate during those five preceding years

of assessment,

in which case that person will be a resident with effect from the first day of that relevant year of

assessment: Provided that-

(A) a day shall include a part of a day, but shall not include any day that a person is in transit

through the Republic between two places outside the Republic and that person does not

formally enter the Republic through a “port of entry” as contemplated in section 9 (1) of the

Immigration Act, 2002 (Act No. ), or at any other place as may be permitted by

the Director General of the Department of Home Affairs or the Minister of Home Affairs in

terms of that Act; and

(B) where a person who is a resident in terms of this subparagraph is physically outside the

Republic for a continuous period of at least 330 full days immediately after the day on

which such person ceases to be physically present in the Republic, such person shall be

deemed not to have been a resident from the day on which such person so ceased to be

physically present in the Republic; or

(b) person (other than a natural person) which is incorporated, established or formed in the Republic or

which has its place of effective management in the Republic,

but does not include any person who is deemed to be exclusively a resident of another country for

purposes of the application of any agreement entered into between the governments of the Republic

and that other country for the avoidance of double taxation;

Applicable to the 2024/2025 Tax Years

Eskom accepts no liability for any loss or damages arising from the use of this pack. The pack is based on tax legislation for the 2024/2025 tax year and will not be automatically updated with changes in legislation. Contractors are responsible for the accuracy and completeness of all information provided.

The PAYE Questionnaire for Service Contracts to Eskom Group of Companies is applicable to contractors supplying services or labour to Eskom Holdings SOC Ltd and its subsidiaries. It establishes whether a contractor is classified as an Independent Contractor, Personal Service Provider, Labour Broker, or Dependent Contractor for tax purposes. The pack applies from 1 March 2024 to 28 February 2025 and is subject to changes in tax legislation. Contractors must complete the questionnaire truthfully and return it with signed affidavits to Eskom, copying Group Tax at [email protected].

Evaluation pack a......................................................................................................................... 6

Are you personally or will you personally be at risk for the quality of the work done or

to be done (risk for poor quality; time over-runs, project not producing income)?

Corporation/Trust” at the end of the evaluation Pack.

{"closingDate":"01 November 2012"}

{"name":null,"email":null,"phone":null,"department":null,"address":"on with the tender offer for Contract"}

Tenderers must submit the returnable schedules with the tender offer, including Annexure L – Authority to Submit a Tender. The authority certificate must be completed and signed according to the tenderer's category: for a company, the chairperson of the board must confirm the board resolution authorising the signatory; for a close corporation, a member must confirm the members' majority vote; for a partnership, all partners must sign the certificate authorising the signatory; for a joint venture, the lead partner must be authorised by a power of attorney and a joint venture agreement must be attached confirming joint and several liability. The certificate must state the date of the resolution or vote and the signatory's name and capacity. A certified copy of the company or organisation document may be attached instead. The tenderer must indicate its status (e.g., company, close corporation, partnership, joint venture) by ticking the relevant box.

Bidders must be authorised to submit the tender and bind the organisation. The authorisation must be evidenced per the applicable certificate in Annexure L. For joint ventures, all partners must be jointly and severally liable, and the lead partner must be authorised to receive instructions, incur liabilities, and handle payments.

Returnable schedule: Annexure L – Authority to Submit a Tender. This certificate must be completed and signed by the appropriate authorised representative (chairperson, member, partner, or lead partner) as applicable to the tenderer's legal form.

The document is a Contractor Assessment Form for environmental management requirements at Matla Power Station. It assesses contractors' compliance with environmental permits and the polluter pays principle.

No dates are stated in the provided document.

No contact information is stated in the provided document.

Submission method and address are not stated in the provided document. The document is a contractor assessment form, not a tender invitation, so no returnable forms or submission instructions are specified.

The assessment form evaluates contractors against environmental management requirements, including compliance with Matla Power Station's environmental permits and the polluter pays principle. No pre-qualification thresholds or scoring splits are stated.

The work involves environmental management requirements at Matla Power Station. The contractor must comply with the station's environmental permits (e.g., Water Use License, Waste Permit) and the polluter pays principle. Corrective actions arising from non-compliance are the contractor's liability. The contractor must notify Matla of any waste types and supply transportation and disposal certificates if applicable. The assessment form includes questions on whether the contractor needs a workshop to execute the work and whether the work is due to Matla Permit or ROD requirements.

No financial requirements are stated in the provided document.

The contractor must comply with environmental management requirements, including obtaining and maintaining relevant environmental permits (e.g., Water Use License, Waste Permit). The contractor must notify Matla of waste types and provide transportation and disposal certificates when required. Corrective actions are the contractor's liability.

The contractor must comply with environmental management requirements at Matla Power Station, including relevant permits (e.g., Water Use License, Waste Permit) and the polluter pays principle. The contractor must notify Matla of any waste types and supply transportation and disposal certificates when required. Corrective actions are the contractor's liability.

{

"closingDate": null,

"closingTime": null,

"briefingSession": null,

"siteVisit": null,

"clarificationDeadline": null

}

{

"name": null,

"email": null,

"phone": null,

"department": null,

"address": null

}

Returnable Documents: The authorisation form must be completed and signed by the authorised signatory. For a company, a certified copy of the board resolution must be annexed. For a close corporation, a certified copy of the members' resolution must be annexed. For a partnership, the certificate for partnership must be completed. For a sole proprietor, the certificate for sole proprietor must be completed. The authorised signatory must be properly authorised via the relevant resolution or power of attorney, with certified copies attached where required.

The tender is for the upgrade of the HMI simulator at Matla Power Station. The contract period is two years. The work includes ensuring the simulator meets Eskom's current standards and requirements.

Closing date and time: not stated in the source. No briefing or site visit dates are stated.

{"name":null,"email":null,"phone":null,"department":"ies and that","address":null}

Returnable documents: complete and submit the Integrity Declaration Form, which includes a Declaration of Fair Tendering Practices. The Supplier Integrity Pact must be signed and returned with the bid. Bids must be submitted before the closing time; late submissions are disqualified. All forms must be completed, signed, and submitted with the quotation.

Evaluation will consider the bidder's compliance with the integrity requirements. Bidders must not have any improper business practices. Bidders must not have any conflict of interest with Eskom employees involved in the tender evaluation. Bidders must not have any relationship with Eskom employees that could be perceived as conflicting. Bidders must not misrepresent information or submit false certifications.

1.1 Scope

The Eskom Supplier Integrity Pact (Integrity Pact) is applicable to Eskom Holdings SOC Ltd (including all

wholly owned subsidiaries) and all existing and potential suppliers (as per the definition hereunder).

1.2 Purpose

The integrity pact is a pact between Eskom and its suppliers that prescribes the “ethical behaviour”. Ethical

behaviour is desirable/acceptable conduct (actions and decisions) that will bring about good/appropriate

consequences/outcomes in the interaction with others. Ethical behaviour incorporates ethical values and

considers not only what is good for oneself, but also what is good for others. Eskom considers such behaviour

of paramount importance and expects every existing/potential supplier and its own employees/directors to

always act ethically and with integrity.

Eskom commits to ensuring that it implements a procurement policy/procedure that aligns to all applicable

South African laws and regulations, as well as the constitutional principles of fairness, transparency, equity,

cost effectiveness and competitiveness.

This document supplements all other relevant Commercial and Ethics related policies/codes/procedures.

1.3 Preamble

In order to achieve this purpose, all Eskom suppliers are required to read this Integrity Pact and to complete,

sign and submit the Integrity Declaration Form whenever they participate in any Eskom procurement process.

Eskom and its suppliers commit to honouring their respective obligations herein, and agree to refrain from

any form of dishonesty, fraud, and/or corruption throughout the entire procurement process, including

tendering practices that are in bad faith, unfair and anti-competitive (e.g., under-pricing/collusion/bid rigging)

2. Definitions

Term Definition

Conflict of Interest A conflict of interest arises when one’s personal interests, personal

financial interests or any other interests, affect, or could be perceived to

affect, or has the potential to affect one’s objectivity and discretion and/or

the objectivity and discretion of another in performing Eskom duties or

making decisions on behalf of Eskom. This means that an employee or

director is in a position to make a decision (or influences a decision) that

is not fair and objective in order to benefit personally, or to benefit related

and /or inter-related persons.

Director Means a member of the board of Eskom, or a board of its subsidiary or

an alternate director of such board and includes a person occupying the

position of a director, by whatever name designated, or a prescribed

officer, or a person who is a member of a committee of the board or of

the audit committee, irrespective of whether the person is also a member

of such board.

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Employment equity The Employment Equity Act promotes equity in the workplace,

ensures that all employees receive equal opportunities and that

employees are treated fairly by their employers. The law protects a

person from unfair treatment and any form of discrimination.

Employee (s) Also referred to as staff members. These include individuals employed

by Eskom on a permanent basis, contract labour, temporary employees,

part-time employees, casual employees, occasional employees, fixed-

term contractors, learners, and others acting on behalf of Eskom or its

subsidiaries.

Eskom Registered Vendor Means a current or potential supplier who may be a natural or juristic

person and includes any employee of such supplier acting within the

course and scope of his/her employment, or any agent or manager acting

for or on behalf of, or in the interests of the supplier registered as a vendor

on the Eskom Vendor Database.

Supplier Means any natural person or juristic person that does business with

Eskom or tenders to do business with Eskom, or is registered on Eskom’s

Vendor Database, such as consultants, contractors, sub-contractors and

providers of goods and services.

3. Abbreviations

Abbreviation Explanation

DOI Declaration of Interest

ETC EXCO Tender Committee

NDA Non-disclosure agreement

RFP Request for Proposal

RFQ Request for Quotation

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4. Supplier’s Obligations

4.1 Eskom’s suppliers accept that they will at all times:

4.1.1 Maintain an impeachable standard of integrity in all their business and personal dealings and take all

reasonable measures necessary to prevent all dishonest, unfair, fraudulent, corrupt, and illegal

practices during any stage of the Eskom procurement process including the execution of contracts

and contract modifications.

4.1.2 Ensure that they are familiar with all publicly available Eskom policies/ procedures/codes that impact

the supply chain processes including, but not limited to Eskom’s Standard Conditions of Tender.

4.1.3 Reject all improper business practices (as may be prohibited by Eskom).

4.1.4 Not abuse the trust placed in them by Eskom employees, or misuse opportunities arising during their

interaction with Eskom for personal gain.

4.1.5 Seek to constantly maintain and enhance their standards of professional competence.

4.1.6 Adopt, where possible, policies and practices which align with those of Eskom (labour practices,

employment equity initiatives and human relations policies) to the highest ethical standards.

4.2 Eskom’s suppliers confirm specifically that:

4.2.1 All confidential information, to which they may have access in the course of their work, must not be

disclosed without the express consent from the authorised Eskom representative. The supplier is

required to complete a Non-Disclosure Agreement (NDA) to give effect to this.

4.2.2 They will not deliberately misrepresent information, submit false certifications or forged documents to

influence the tendering process to advantage themselves or to mislead Eskom in any way and that

Eskom has the right to request an audit of such information, and take further action against the supplier

should it be found that it has acted in a dishonest or fraudulent manner.

4.2.3 Although the establishment of long term and close relations between Eskom and its suppliers is

recognised, Suppliers are nevertheless, required to avoid relationships with Eskom

employees//directors, that may be perceived to be contrary to the constitutional principles of fairness,

equitability, transparency, competitiveness, and cost effectiveness. Suppliers are therefore required

to complete the Integrity declaration form wherein they are required to disclose any interest that they

may have with an Eskom employee/director, whether financial, personal, or private, in its business,

and/or any affiliation /relationship which affects, or may affect, or may be perceived to affect, the

decision-making during tender award. Should a supplier later become aware that its

owners/members/directors/partners/shareholders are an Eskom employee/director with respect to a

tender in which it participated, the supplier is required to disclose the interest/relationship to Eskom

and submit whatever information may be required regarding the parties involved.

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4.2.4 Although the entertainment of customers and provisions of business courtesies or gifts are generally

an accepted commercial practice, they must not in any way negatively affect Eskom’s image and

reputation. They should not exceed the R1500,00 value prescribed by Eskom and should not be of

such a nature (value or circumstances) as to be construed as placing an Eskom employee/director

under obligation to the supplier or in any way improperly influence the recipient.

4.2.5 They will avoid entering into unethical and/or fraudulent dealings with any Eskom employee/director

involved in the evaluation/adjudication/negotiation of a transaction in which it participates, involving

direct/indirect monetary or material benefits in order to be unfairly benefitted. In such circumstances,

no business courtesy, bribe, gift, fees commission or inducement may be offered to, or requested by

an Eskom employee/director involved in the evaluation/adjudication/negotiation of a transaction in

which the supplier is participating.

4.2.6 They will not enter any dishonest and/or illegal agreement or an understanding with other tenderers

involved in a tender/RFP process in which it participates. They will complete the integrity Declaration

Form which incorporates a Declaration of Fair Tendering Practices, when participating in any Eskom

tender/Request for Quotation (RFQ).

4.2.7 They understand that they may be subject to a supplier discipline process and that sanctions that

may be imposed on suppliers should they be found guilty of misconduct.

4.2.8 Should a supplier become aware of any dishonest, fraudulent or inappropriate behaviour of any Eskom

employee/director; the said supplier is required to report this behaviour to the Eskom Ethics office via

email at [email protected], or via the Eskom Forensic email at [email protected] or through

the Eskom toll free hotline 0800 11 27 22, wherein confidentiality is guaranteed.

5. Eskom’s Obligations

5.1 Eskom undertakes to treat all tenderers during the tender process according to the constitutional

principles of fairness, transparency, equity, cost-effectiveness, and competitiveness.

5.2 All Eskom employees/directors are required to complete an annual Declaration of Interest (DOI),

wherein they are required to declare all interests, directorships, memberships, details of any of their

related or inter-related persons or other associates that conduct business with Eskom and all other

material personal interests, whether a conflict exists or not. During the financial year, all Eskom

employees/directors have an option of amending annual DOIs should there be changes in their

interests or what has been disclosed already. In addition to this annual declaration, employees are also

required to complete an additional DOI and NDA if involved in the procurement process.

5.3 Eskom employees will ensure that all gifts received in the normal course of business is declared,

recorded, and authorised by relevant managers. Employees/directors involved in the tender evaluation/

negotiation process, may not accept, demand, or accept a promise of any money, business courtesies,

gifts, rewards, gratuity, favours from any of the tenderers involved to benefit or as may be perceived to

benefit such tenderer. Further to this, employees and directors are prohibited from offering or accepting

loan(s) or other benefit(s) from suppliers, unless the supplier is in the business of granting such loans

or benefits and the terms and conditions of the loan that is offered to the employee/director is also

offered to the general members of the public or a section thereof.

5.4 Should Eskom become aware of any relationship/interest of any employee/director in a tender in which

it is involved in tender evaluation/negotiation process, then this employee/director will be excluded from

the said tender evaluation/negotiation process.

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5.5 Eskom will implement the Supplier Discipline Process if it becomes aware of any contravention of the

provisions of this integrity pact, any other misconduct by a supplier and/or any Eskom

employee/director who acts in bad faith to benefit themselves or a supplier. Eskom has the right, after

following a process of investigation and affording the supplier an opportunity to make representation,

to notify the supplier of the intention to suspend it from the Eskom Vendor Database, impose various

other sanctions and/or institute disciplinary actions against its employees/directors. Subsequently,

Eskom will forward the names of such suppliers including the directors of the company to National

Treasury, who will include the suppliers on the List of Restricted Suppliers on the National Database.

5.6 All Eskom employees/directors are prohibited from having any direct/ indirect personal or other

beneficial interest in any contract with Eskom, whether as a supplier, an advisor or by virtue of being a

director or owner of a business, or in any other capacity. This includes third-party related transactions

with an indirect link to an Eskom contract.

6. General

6.1 This Eskom Supplier Integrity Pact is governed by and interpreted in accordance with the laws,

regulations and legislation of the Republic of South Africa.

6.2 The actions stipulated in this Integrity Pact are without prejudice to any other civil or criminal

proceedings that may arise in accordance with the provisions of the law.

6.3 This Integrity Pact shall remain valid until replaced. Should one or more provisions of this Integrity

Pact be regarded as invalid, remainder of the provisions will remain valid.

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The contract is governed by South African law. The Supplier Integrity Pact remains valid until replaced. Eskom may impose sanctions on suppliers found guilty of misconduct. Suppliers must not disclose confidential information without Eskom's consent and must complete a Non-Disclosure Agreement (NDA). Suppliers must not enter into dishonest or illegal agreements with other tenderers. Suppliers must not have any direct or indirect interest in Eskom contracts that could be perceived as a conflict. Eskom employees are prohibited from having any personal or beneficial interest in contracts with Eskom.

Bidders will be evaluated on their compliance with the integrity requirements. Bidders must not have any conflict of interest with Eskom employees involved in the tender evaluation. Bidders must not have any improper business practices. Bidders must not collude or engage in bid rigging.

Bidders must comply with the local production and content requirements as per the Preferential Procurement Regulations, 2017 and SATS 1286:2011. A bid may be disqualified if the SBD 6.2 Declaration Certificate and Annex C are not submitted as part of the bid documentation. Bidders must provide proof of SARB exchange rates if imported content is declared. The stipulated minimum threshold for local content is not specified in the document.

of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

3. Does any portion of the goods or services offered

have any imported content?

(Tick applicablebox)

Yes NO

3..1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by

SARB for the specific currency on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.resbank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below

(refer to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

4. Where, after the award of a bid, challenges are experienced in meeting the stipulated

minimum threshold for local content the dti must be informed accordingly in order for the dti

to verify and in consultation with the AO/AA provide directives in this regard.

Local content declaration

(Refer to a

5 years. The successful bidder is required to continuously update Declarations C, D

and E with the actual values for the duration of the contract.

I, the undersigned, ..................................................................................... (full names),

do hereby declare, in my capacity as ............................................. ...........

of ...............................................................................................................(name of bidder

entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid

comply with the minimum local content requirements as specified in the bid, and

as measured in terms of SATS 1286:2011; and

(c) The local content percentage (%) indicated below has been calculated using the

formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in

paragraph 3.1 above and the information contained in Declaration D and E which has

been consolidated in Declaration C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

No specific requirements found

B-BBEE Details: ) make provision for the

promotion of local production and content.

1.2. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must

advertise such tenders with the specific bidding condition that only locally produced or

manufactured goods, with a stipulated minimum threshold for local production and content

will be considered.

1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding

process may be followed, where the first stage involves a minimum threshold for local

production and content and the second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in

such a manner that the local production and content of the overall value of the contract is

reduced to below the stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in

accordance with the SABS approved technical specification number SATS 1286: 2011 as

follows:

LC = [1 - x / y]

• 100

Where

x is the imported content in Rand

y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the

exchange rate published by South African Reserve Bank (SARB) on the date of

advertisement of the bid as indicated in paragraph 3.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible

on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content

Declaration: Summary Schedule) are not submitted as part of the bid documentation;

2. The stipulated minimum threshold(s) for local production and conten

3..1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by

given in clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 3.1

above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the

local content be verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the

information furnished in this application. I also understand that the submission of

incorrect data, or data that are not verifiable as described in SATS 1286:2011, may

result in the Procurement Authority / Institution imposing any or all of the remedies as

provided for in Regulation 14 of the Preferential Procurement Regulations, 2017

promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. ).

Signature:_________________________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

A two-stage bidding process may be used: the first stage sets a minimum threshold for local production and content, and the second stage evaluates price and B-BBEE.

The scope includes the upgrade of the HMI simulator at Matla Power Station, including hardware, software, configuration, testing, and commissioning. The work must be completed within the two-year contract period.

Bidders must submit proof of B-BBEE status level of contributor to claim preference points; failure to do so results in zero B-BBEE points. The bidder must complete the SBD 6.1 form, including the declaration and company details. The bidder must not have claimed B-BBEE status fraudulently; doing so may lead to disqualification and other penalties.

provision of goods or services, through price

quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based

Black Economic Empowerment Act, 2003 (Act No. );

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good

No specific requirements found

B-BBEE Minimum Level: 20

Points Allocation: 2 points

B-BBEE Details: SBD 6.1

Preference points claim form in terms of the preferential

Procurement regulations 2017

This preference form must form part of all bids invited. It contains general information and

serves as a claim form for preference points for Broad-Based Black Economic Empowerment

(B-BBEE) Status Level of Contribution

Nb: before completing this form, bidders must study the general

Conditions, definitions and directives applicable in respect of b-

Bbee, as prescribed in the preferential procurement

Regulations, 2017.

1. General conditions

1.1 The following preference point systems are applicable to all bids:

• the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

a) The value of this bid is estimated to exceed R50 000 000 (all applicable taxes

included) and therefore the 80/20 preference point system shall be applicable;

1.2 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.3 The maximum points for this bid are allocated as follows:

Points

Price 80

B-bbee status level of contributor 20

Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor

together with the bid, will be interpreted to mean that preference points for B-BBEE

status level of contribution are not claimed.

1.5 The purchaser reserves the right to require of a bidder, either before a bid is

adjudicated or at any time subsequently, to substantiate any claim in regard to

preferences, in any manner required by the purchaser.

2. Definitions

(a) “B-BBEE” means broad-based black economic empowerment as defined in section

1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status

The bid uses the 80/20 preference point system (estimated value exceeds R50 million). Points are allocated: 80 for price, 20 for B-BBEE status level of contributor. B-BBEE points are awarded per the 2017 Preferential Procurement Regulations: Level 1 = 20 points, Level 2 = 18, Level 3 = 14, Level 4 = 12, Level 5 = 8, Level 6 = 6, Level 7 = 4, Level 8 = 2, Non-compliant = 0. Bidders claiming points must submit proof of B-BBEE status level (certificate, sworn affidavit, or other prescribed proof). Failure to submit proof means no preference points are claimed. The purchaser may require substantiation of any preference claim. Sub-contracting details must be disclosed, including percentage, sub-contractor name, B-BBEE status, and whether the sub-contractor is an EME or QSE owned by designated groups (e.g., black people, youth, women, disabled, rural/township residents, military veterans, cooperatives).

8.1 Name of company/firm:...........................................................................

8.2 VAT registration number:.........................................................................

8.3 Company registration number:.................................................................

8.4 Type of company/ firm

 Partnership/Joint Venture / Consortium

 One person business/sole propriety

 Close corporation

 Company

 (Pty) Limited

of 4

[Tick applicable box]

8.5 Describe principal business activities

..................................................................................................................

..................................................................................................................

..................................................................................................................

8.6 Company classification

 Manufacturer

 Supplier

 Professional service provider

 Other service providers, e.g. transporter, etc.

[Tick applicable box]

8.7 Total number of years the company/firm has been in business:..............................

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of

contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies

the company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary

proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a

fraudulent basis or any of the conditions of contract have not been fulfilled, the

purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due to

such cancellation;

(d) recommend that the bidder or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted by the National Treasury from

obtaining business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear the other

side) rule has been applied; and

(e) forward the matter for criminal prosecution

In addition to price and B-BBEE, functionality will be evaluated. Bidders must score a minimum threshold on functionality to be considered. Sub-contracting must be disclosed as per SBD 6.1.

Closing date and time: 2026-10-05 at 10:00 (as per tender record). No other dates are stated in the document.

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

Submission is electronic only, via the E-Tendering Solution. Bidders must complete the mandatory E-Tendering Training Acknowledgement Form (Annexure) and submit it as a returnable document prior to the closing time. The acknowledgement confirms the bidder has self-trained using the e-Tendering Noddy Guide or video, or attended a clarification meeting, and is able to operate the system. Bidders must ensure all returnable documents are completed, signed, and uploaded before the closing time; late submissions are disqualified.

Mandatory returnable document: E-Tendering Training Acknowledgement Form (Annexure). It must be completed, signed, and submitted prior to the closing time. It confirms the bidder has self-trained via the e-Tendering Noddy Guide or video, or attended a clarification meeting, and is satisfied with their ability to operate the E-Tendering Solution.

Submission of the fully completed E-Tendering Training Acknowledgement Form is mandatory. Failure to submit it within the prescribed period will render the tenderer non-responsive and disqualified from the procurement process.

The scope is the upgrade of the HMI (Human-Machine Interface) simulator at Matla Power Station, for a period of two (02) years. No further technical details are provided in the document.

Mandatory returnable: E-Tendering Training Acknowledgement Form (Annexure) — confirms the bidder has completed e-Tendering training and can operate the E-Tendering Solution. No other compliance requirements are stated in the document.

{"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 any site visit or clarification meeting stipulated as compulsory; failure to attend will result in disqualification. Details of meetings are in the Tender Data, and tenderers may ask questions for clarity during such meetings.

{"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 return mandatory tender returnables by the closing date and time for tender submission. All documents must be fully completed, and any required certificates, proofs of registration, or similar must be valid and current for the entire tender validity period. Proof of authority to act as agent must be submitted as a tender returnable where applicable.

Bidders must comply with eligibility criteria stated in the Tender Data and must not be under any restriction to do business with Eskom or State-Owned Companies. Tenderers must be registered on the CSD (Central Supplier Database) and have a valid tax clearance (SARS TCS or tax pin). Bidders must meet any pre-qualification criteria, including B-BBEE level, as stipulated in the Invitation to Tender. If CIDB grading is stipulated, bidders must be registered with CIDB at closing date or capable of registration within 21 working days, with proof of registration mandatory at closing. Bidders must not have misrepresented or falsified any information; fraud or fronting will lead to disqualification and reporting to the B-BBEE Commission. Tenders must include mandatory returnables as listed in the Invitation to Tender; failure to submit them by closing time results in disqualification.

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

Tenderers must hold their tenders valid for acceptance within the validity period and extend if requested. Tenderers must treat all matters arising in connection with the procurement as confidential and use documents only for preparing and submitting the tender. Tenderers must obtain and familiarise themselves with the latest revisions of standardised specifications incorporated by reference.

Tenderers must comply with eligibility criteria in the Tender Data and must 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.

Functionality and any element of the B-BBEE scorecard may not be used as Objective Criteria. Eskom will determine the risk of doing business with a supplier who may pose a financial risk.

{"closingDate":"01 August 2012"}

Submission must be made in accordance with the tender instructions. Bidders must complete and submit the Declaration of Fair Bidding Practices (Schedule T2.2a No. 2), confirming the tender is bona fide and that no collusion or price-fixing has occurred. The signatory must be duly authorised to act on behalf of the tenderer. All required forms and documents must be completed and signed; failure to do so may result in disqualification.

Bidders must submit a Declaration of Fair Bidding Practices (Schedule T2.2a No. 2) confirming the tender is bona fide and that no collusion or price-fixing has occurred. The signatory must be authorised to act on behalf of the tenderer. No other evaluation criteria are stated in the available document.

The tender is for the upgrade of the HMI simulator at Matla Power Station for a period of two (02) years. No further technical specifications are provided in the available document.

The pack is used to determine whether a contractor is a dependent contractor or a personal service provider for tax purposes. It applies to companies, close corporations, trusts, and individuals providing services to Eskom. The pack includes sections for contractor details, bank details, and classification of contractor.

{"closingDate":"1 March 2023"}

Submit the completed Supplier Evaluation Pack to Eskom. The pack must be fully completed and signed. If the pack is not completed correctly, Eskom may withhold taxes, interest and penalties from payments. No further questions must be answered once the applicable evaluation pack (A or B) is completed. The pack must be returned with the required declarations and appendices signed.

The evaluation pack assesses whether the contractor is a dependent contractor or a personal service provider using the Dominant Impression Test. Questions cover: whether payments are only due on completion of specific deliverables, whether Eskom has contractual control over tools, equipment, staff, raw materials, whether the contractor has the right to subcontract, and whether the contractor is personally at risk for the quality of work. The contractor must confirm that the information provided is true and correct. If the contractor is classified as a dependent contractor or personal service provider, the applicable tax code (e.g., 3616) must be disclosed on the IRP5.

If the contractor is classified as a dependent contractor or personal service provider, the applicable tax code (e.g., 3616) must be disclosed on the IRP5. If the contractor does not provide an IRP30 certificate, PAYE will be withheld from payments. If the declaration is not signed, PAYE will be withheld from payments.

The Dominant Impression Test is used to determine the contractor's classification. Questions cover: whether payments are only due on completion of specific deliverables, whether Eskom has contractual control over tools, equipment, staff, raw materials, whether the contractor has the right to subcontract, and whether the contractor is personally at risk for the quality of work. The contractor must answer all questions and sign the declaration.

Upgrade HMI simulator at Matla Power Station for a period of two (02) years. The works are HMI Simulator Upgrade.

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

Returnable Documents: C1.1 Form of Offer and Acceptance [●], C1.1 Form of Offer & Acceptance, By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer, This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and

Bidders must be registered on the Central Supplier Database (CSD) (implied by Eskom's requirements). The tenderer must submit a valid tax compliance status (SARS TCS) and B-BBEE status affidavit or certificate. The tenderer must complete SBD 4 (Declaration of Interest), SBD 6.1 (Preference Points Claim), SBD 8 (Declaration of Bidder's Past Supply Chain Management Practices), SBD 9 (Certificate of Independent Bid Determination). The Contractor must provide its CIDB registration number if applicable. The Contractor must maintain insurance as specified (including employer's assets, contract works, environmental liability, general and public liability, etc.). The Contractor must comply with the Construction Regulations 2014 and be a 'Principal' if appointed. A percentage limit of liability for indirect or consequential loss is R0.00. The Employer can terminate if the Contractor's B-BBEE status decreases after contract date.

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

NEC3 Engineering & Construction Contract

Between ESKOM HOLDINGS SOC Ltd

(Reg No. 2002/015527/30)

and [Insert at award stage]

(Reg No. ___________)

for Upgrade HMI simulator at Matla Power Station for a

period of two (02) years

Contents: No of

pages 61

Part C1 Agreements & Contract Data

Part C2 Pricing Data

Part C3 Scope of Work

The Contractor must submit a first programme for acceptance within three weeks of the Contract Date, and revised programmes at intervals no longer than two weeks. The programme must show how each activity on the Activity Schedule relates to operations.

2 Name:

Job

Responsibilities:

2 Available from Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or see www.ecs.co.za

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled .

11.2(3) The completion date for the whole of the

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

Data is

A Priced contract with activity schedule

11.2(20) The activity schedule is in

11.2(30) The tendered total of the Prices is (in figures)

(in words), excluding VAT

B Priced contract with bill of quantities

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

C Target contract with activity schedule

11.2(20) The activity schedule is in

11.2(30) The tendered total of the Prices is (in figures)

(in words), excluding VAT

D Target contract with bill of quantities

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

F Management contract

20.2 Work which the Contractor’s will do price (lump sum or

himself is Activity rate)

Note “SCC” means Schedule of Cost Components

Data for Schedules of Cost starting on , and “SSCC” means Shorter

Components Schedule of Cost Components starting on

of ECC3 (April 2013).

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

A Priced contract with activity schedule Data for the Shorter Schedule of Cost

Components

B Priced contract with bill of quantities Data for the Shorter Schedule of Cost

Components

41 in The percentage for people overheads is: %

Sscc

21 in The published list of Equipment is the last

SSCC edition of the list published by

The percentage for adjustment for

Equipment in the published list is Minus %

22 in The rates of other Equipment are: Equipment Size or Rate

SSCC capacity

61 in The hourly rates for Defined Cost of

SSCC design outside the Working Areas are Category of employee Hourly rate

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

Please insert another schedule if foreign

resources may also be used

62 in The percentage for design overheads is %

Sscc

63 in The categories of design employees

SSCC whose travelling expenses to and from the

Working Areas are included in Defined

Cost are:

If Option C, D or E is used Data for Schedule of Cost Components

23 in The listed items of Equipment purchased Equipment Time Per (time

SCC for work on this contract, with an on cost related period)

charge, are: charge

24 in The rates of special Equipment are: Equipment Size or Rate

SCC capacity

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

44 in The percentage for Working Areas :

SCC overheads is: %

51 in The hourly rates for Defined Cost of

SCC manufacture or fabrication outside the Category of employee Hourly rate

Working Areas are

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates

Please insert another schedule if foreign

resources may also be used

52 in The percentage for manufacture and

SCC fabrication overheads is %

If Option C, D, or E is used Data for both schedules of cost components

61 in The hourly rates for Defined Cost of

SCC & design outside the Working Areas are Category of employee Hourly rate

Sscc

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

Please insert another schedule if foreign

resources may also be used

62 in The percentage for design overheads is %

Scc &

Sscc

63 in The categories of design employees

SCC & whose travelling expenses to and from the

SSCC Working Areas are included as a cost of

design of the works and Equipment done

outside the Working Areas are:

If Option C, D or E is used Data for the Shorter Schedule of Cost

Components

41 in The percentage for people overheads is: %

Sscc

21 in The published list of Equipment is the last

SSCC edition of the list published by

The percentage for adjustment for

Equipment in the published list is %

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

22 in The rates of other Equipment are: Equipment Size or Rate

SSCC capacity

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

Part 2: pricing data

ECC3 Option A

Document Title No of

reference pages

C2.1 Pricing assumptions: Option A

C2.2 The activity schedule

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C2.1 Pricing assumptions: Option A

How work is priced and assessed for payment

Clause 11 in NEC3 Engineering and Construction Contract, (ECC3) Option A states:

Identified and 11

defined terms 11.2 (20) The Activity Schedule is the activity schedule unless later changed in

accordance with this contract.

(27) The Price for Work Done to Date is the total of the Prices for

• each group of completed activities and
• each completed activity which is not in a group.

A completed activity is one which is without Defects which would either delay

or be covered by immediately following work.

(30) The Prices are the lump sum prices for each of the activities on the

Activity Schedule unless later changed in accordance with this contract.

This confirms that Option A is a lump sum form of contract where the work is broken down into activities,

each of which is priced by the tendering contractor as a lump sum. Only completed activities are assessed

for payment at each assessment date; no part payment is made if the activity is not completed by the

assessment date.

Function of the Activity Schedule

Clause 54.1 in Option A states: “Information in the Activity Schedule is not Works Information or Site

Information”. This confirms that specifications and descriptions of the work or any constraints on how it is to

be done are not included in the Activity Schedule but in the Works Information. This is further confirmed by

Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”.

Hence the Contractor does not Provide the Works in accordance with the Activity Schedule. The Activity

Schedule is only a pricing document.

Link to the programme

Clause 31.4 states that “The Contractor provides information which shows how each activity on the Activity

Schedule relates to the operations on each programme which he submits for acceptance”. Ideally the

tendering contractor will develop a high level programme first then resource each activity and thus arrive at

the lump sum price for that activity both of which can be entered into the activity schedule.

Preparing the activity schedule

Generally it is the tendering contractor who prepares the activity schedule by breaking down the work

described within the Works Information into suitable activities which can be well defined, shown on a

programme and priced as a lump sum.

The Employer, in his Instructions to Tenderers or in a Tender Schedule, may have listed some items that

he requires the Contractor to include in his activity schedule and be priced accordingly.

It is assumed that in preparing his activity schedule the Contractor:

• Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;
• 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

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

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.

An activity schedule could have the following format:

Item Programme Activity description Price

No. Reference

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ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C2.2 the activity schedule

Use this page as a cover page to the Contractor’s activity schedule.

Item No Description Amount

Simulator (hmi) upgrade at matla power station

1 Hardware

2 Software

3 Engineering

4 Installation and Commissioning

5 Shipping

6 Training and Documentation

7 Project Management and Safety

Total excluding VAT r

Part c3: scope of work 1 c3 ecc3 cover page

Qualifications:

Experience:

2 Name:

Qualifications:

2 Available from Engineering Contract Strategies Tel 011 803 3008, Fax 011 803 3009 or see www.ecs.co.za

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

Experience:

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled .

11.2(3) The completion date for the whole of the

works is

11.2(14) The following matters will be included in

the Risk Register

11.2(19) The Works Information for the Contractor’s

design is in:

31.1 The programme identified in the Contract

have been discovered on reasonable

inspection by the Employer or the Supervisor

before the defects date, without requiring any

inspection not ordinarily carried out by the

any inspection over and above the reasonable

inspection, this does not place a greater

responsibility on the Employer or the

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

terms of the conditions of contract.

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

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.

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C1.2 ECC3 Contract Data

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

11.2(3) The completion date for the whole of the

works is TBA

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

met are:

1 [●] [●]

2 [●] [●]

3 [●] [●]

30.1 The access dates are: Part of the Site Date

1 [●] [●]

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

2 [●] [●]

3 [●] [●]

31.1 The Contractor is to submit a first

programme for acceptance within Three weeks of the Contract Date.

31.2 The starting date is TBA

32.2 The Contractor submits revised

programmes at intervals no longer than Two weeks.

35.1 The Employer is not willing to take over [No data needed if this statement is included]

the works before the Completion Date.

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

60.1(13) The place where weather is to be recorded is:

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

Foundation of Southern Africa (AFSA).

Address [●]

Tel No. [●]

Fax No. [●]

e-mail [●]

W1.2(3) The Adjudicator nominating body is: the Chairman of ICE-SA a joint Division of the

elsewhere in this Contract Data.

X3 Multiple currencies

X3.1 The Employer will pay for these items or Maximum

activities in the currencies stated Items & activities Other payment in

currency other

currency

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

[●] [●] [●]

X3.1 The exchange rates are those published in [●] on [●] (date)

are Z1 to Z15 always apply.

Z1 Cession delegation and assignment

Z1.1 The Contractor does not cede, delegate or assign any of its rights or obligations to any person

without the written consent of the Employer.

Z1.2 Notwithstanding the above, the Employer may on written notice to the Contractor cede and

delegate its rights and obligations under this contract to any of its subsidiaries or any of its

present divisions or operations which may be converted into separate legal entities as a result

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

of the restructuring of the Electricity Supply Industry.

Z2 Joint ventures

Z2.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two

or more persons or organisations then these persons or organisations are deemed 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

Z12.1 A Committing Party may not take any Prohibited Action during the course of the procurement of

this contract or in execution thereof.

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Z12.2 The Employer may terminate the Contractor’s obligation to Provide the Services if a Committing

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Z14.4 The Employer does not waive its rights provided for in section 30 (7) of Act , or any

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

replacement section dealing with the same subject matter.

Z14.5 The protection afforded by the provisions hereof shall be in effect until the KNPS is

decommissioned.

Z15 Asbestos

08:00 = 80%

14:00 = 52%

20:00 = 73%

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

above is taken into account in assessing a compensation event.

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C1.2 Contract Data

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

of ECC3 (April 2013).

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Upgrade HMI simulator at Matla Power Station for a period of two (02) years

61 in The hourly rates for Defined Cost of

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

23 in The listed items of Equipment purchased Equipment Time Per (time

SCC for work on this contract, with an on cost related period)

charge, are: charge

24 in The rates of special Equipment are: Equipment Size or Rate

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

44 in The percentage for Working Areas :

SCC overheads is: %

51 in The hourly rates for Defined Cost of

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates

61 in The hourly rates for Defined Cost of

Note: Hourly rates are estimated ‘cost to

company of the employee’ and not selling rates.

Equipment in the published list is %

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

22 in The rates of other Equipment are: Equipment Size or Rate

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ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

Part 2: pricing data

ECC3 Option A

reference pages

C2.1 Pricing assumptions: Option A

C2.2 The activity schedule

Part c2: pricing data c2 ECC3/A cover

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C2.1 Pricing assumptions: Option A

• Has taken account of the guidance given in the ECC3 Guidance Notes pages 19 and 20;
• 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

Part c2: pricing data c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NO. _________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

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 c2.1 ECC3/A pricing assumptions

ESKOM HOLDINGS SOC Ltd CONTRACT NUMBER _____________

Upgrade HMI simulator at Matla Power Station for a period of two (02) years

C2.2 the activity schedule

Use this page as a cover page to the Contractor’s activity schedule.

Payment Terms: 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

Employer's procedures stated in the Works Information, showing the amount due for payment

equal to that stated in the payment certificate.

Z7.2 If the Contractor does not provide a tax invoice in the form and b

C1.1 Form of Offer and Acceptance [●]

C1.1 Form of Offer & Acceptance

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer

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

procedures on termination are P1, P2 and P3 as stated in clause 92, and the amount due is A1

and A3 as stated in clause 93.

Z4 Confidentiality

Z4.1 The Contractor does not disclose or make any information arising from or in con