Invitation to Tender Civil Maintenance Service Kriel MPKRI10307GX

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240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

ESKOM HOLDINGS SOC LTD KRIEL POWER STATION

INVITATION TO TENDER

FOR THE

PROVISION OF CIVIL MAINTENANCE SERVICE AT KRIEL POWER STATION FOR A


PERIOD OF THREE YEARS

Tender number MPKRI10307GX


Issue date 20 June 2022
Closing date and time 21 July 2022 at 10h00
Tender validity period 90 days from the closing date and time
Tender Clarification Meeting Date: Thursday, 30 June 2022
(non-compulsory) Time: 14h00
(MS Teams) Venue: MS Teams

Tenderers to download Microsoft Teams or use a


supported internet browser in order to be part of
the clarification meeting.
Tenderers must confirm their intention to attend
with the Eskom Representative by providing
your email addresses no later than 28 June 2022
to the Eskom Representative:
[email protected] for an appointment to be
sent to you.
The day of the meeting you click on the link in
the appointment to join the meeting.

Tenders are to be delivered to the ESKOM TENDER BOX, GROUND FLOOR,


following address on the stipulated NO. 10 SMUTS AVENUE, WITBANK /
closing date and time:
EMALAHLENI, MPUMALANGA
GPS Co-ordinates:
Latitude: 25.87723S Longitude: 29.21629E

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File name: INVITATION TO TENDER Page 1 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

INVITATION TO TENDER

Eskom Holdings SOC Ltd (hereinafter “Eskom”) invites you to submit a tender for the Provision of a
Civil Maintenance Service at Kriel Power Station for a period of three years as per the NEC Term
Service Works Information issued with this invitation, tender number MPKRI10307GX. A non-
compulsory tender clarification meeting is arranged for Thursday, 30 June 2022 at 14h00 on MS
Teams.

The Tenderer to note the following information in this document in preparation of the tender
submission:
- Basic Compliance
- Mandatory documents for tender evaluation
- Functionality Criteria

The tender is advertised on the Eskom Tender Bulletin (www.eskom.co.za) and National Treasury e-
portal www.etenders.gov.za. Documents will not be issued directly to interested tenderers but to be
obtained from this website. The tender closing date is Thursday, 21 July 2022 at 10h00 and tenders to
be submitted at the Witbank Tender Office.

The enquiry documents are supplied to you on the following basis:


• Free of charge

Eskom has delegated the responsibility for this tender to the Eskom Representative whose name and
contact details are set out in the Tender Data. A submission of a tender by you in response to this
Invitation will be deemed as your acceptance of the Eskom Standard Conditions of Tender issued with
this tender.

Queries relating to these Invitation documents may be addressed to the Eskom Representative.

Yours faithfully

____________________________________________ 17/06/2022
Date: _____________________
B Sikhosana
Procurement Manager, Kriel Power Station

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File name: INVITATION TO TENDER Page 2 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

The following documents listed hereunder are attached to this enquiry.


Number Description Reference Attached

Commercial
6.1 Authority to Submit a Tender Yes
6.2 SBD 1 -Invitation to Bid must be filled out by all SBD1 Form Yes
tenderers and submitted with the tender at tender Part A
submission deadline Part B
6.3 Acknowledgement form Annexure A Yes
6.4 Tenderer’s particulars Annexure B Yes
6.5 Integrity Declaration Form Annexure C Yes
(refer to the Supplier Integrity Pact and read)
6.6 CPA Requirements for Local Goods/Services Annexure D Yes
6.7 Employment Equity confirmation Yes
6.8 Tax Evaluation Questionnaire No
6.9 Non-Disclosure Agreement
6.10 NEC TSC, including clauses, conditions, price list and
work information Separate
6.11 Eskom Holdings SOC Ltd Standard Conditions of documents
Tender Rev. 8 published
6.12 Code of Ethics 32-527
6.13 Supplier Integrity Pact 240113650212 June 2016
Supplier Development Localisation and Industrialisation
6.14 SBD 6.1- Preference Points Claim Form in terms of Annexure H Yes
PPPFA 2017 regulations
6.15 Undertaking Form (Skills Development, CSI) Yes
6.16 Affidavit Example No -
Separate
Safety
No –
6.17 Safety Annexure B 240-77471499 SHE Rules
Separate
Quality
6.18 240-68099512 Form A 2018 Rev 5 No –
6.19 Quality Category 2 Separate
6.20 QM 58 Supplier Quality Management Specifications

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Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

1.2 The Tender Data makes several references to the Eskom Standard Conditions of Tender
Rev 8 (included in set of tender documents issued). The clauses that apply specifically to this
Invitation are referenced hereunder. The “Tender Data” shall take precedence over the
Standard Conditions of Tender in the event of any ambiguity or inconsistency between the
two documents.

Clause Number from Standard


Tender Data
Conditions of Tender

1.1 Parties The Employer is Eskom Holdings SOC Ltd

The Eskom Representative is:


Name: Annali Botha
Address: Procurement Department, Kriel Power
Station
Tel: +27 17 615 2653
Fax: 086 663 0643
E-mail: [email protected]
1.3 Enquiry documents The Invitation to tender is MPKRI10307GX
See the content list above for the enquiry documents.

Communication The Eskom Tender Bulletin and the National Treasury


Website will be the primary medium of
communication.

It will be required from the tenderer to visit these sites


regularly for this tender to ensure that the latest
communication was noticed.

1.4 Type of Invitation to Tender Open Tender to all entities

1.6 Eskom's rights to accept or reject any The tender shall be for the whole of the contract works
tender information. The costing calculations submitted by the
tenderer to cover for the whole of the works and to be
completed and submitted on the issued NEC price list.
1.7 Eskom’s right to negotiate Eskom reserves the right to enter into mandated
negotiations with any one or more selected
tenderer(s) in accordance with Eskom’s approved
procurement policies and procedures.

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Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

2.1 Eligible tenders Submit a tender only if the tenderer (whether a single
company or a structure similar to a Joint Venture)
complies with the eligibility criteria stated in the
Tender Data and the tenderer, or any of his principals,
is not under any restriction to do business with
Eskom/State Owned Companies.

Tenderers are deemed ineligible to submit a tender.

• Tenderers have the nationality of a country on any


international sanctions list. A tenderer shall be
deemed to have the nationality of a country if the
tenderer is a national or is constituted,
incorporated, or registered and operates in
conformity with the provisions of the laws of that
country. This criterion shall also apply to the
determination of the nationality of proposed
subcontractors or suppliers for any part of the
Contract including related services.
• Tenderers submit more than one tender either
individually or as a partner in a joint venture
(JV) or consortium
• Tenders submitted by a JV or consortium
where the JV/consortium agreement does not
explicitly state that the parties of the JV or
consortium shall be jointly and severally liable
for the execution of the Contract in accordance
with the Contract terms.
• A Tenderer must not have a conflict of interest.
All Tenderers found to have a conflict of
interest shall be disqualified. A Tenderer may
be considered to have a conflict of interest with
one or more parties in this [tendering/RFP]
process, if :
(a) they have a controlling partner/majority
shareholder in common; or
(b) they have a relationship with each
other, directly or through common third
parties, that puts them in a position to
have access to information about or
influence on the tender/proposal of
another Tenderer, or influence the
decisions of the Employer regarding
this bidding process;
• Tenders signed by non- authorized persons

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2002/015527/30.
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Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

• Where the tenderers are not registered on


National Treasury’s Central Supplier Database
(except Foreign Suppliers)
• A tender that fails to meet any pre-qualifying
criteria stipulated in the tender documents is
an unacceptable tender (section 4 (2) of
PPPFA Regulations
• Any tenderer that is restricted by National
Treasury
• A tenderer that sub-contracts 100% Scope of
Work.

Ineligible tenderers will be disqualified.


2.2 -2.5 Tender Closing The deadline for tender submission is :

Date: Thursday, 21 July 2022


Time: 10h00
Late Tenders will not be accepted

Tenders are to be submitted to the Eskom tender box


at the following physical address:

ESKOM TENDER BOX, GROUND FLOOR,


NO. 10 SMUTS AVENUE, WITBANK / EMALAHLENI
MPUMALANGA
GPS Co-ordinates:
Latitude: 25.87723S
Longitude: 29.21629E

2.7 - 2.12 Submitting a Tender o Submit a complete original tender and mark
clearly on the outside “ORIGINAL”.
o Submit one (1) complete hard copy of the original
tender and mark clearly on the outside “COPY”.
o Ensure that the documents are bind properly. Do
not submit loose pages.
o It is recommended that the set of tender
documents contain an Index List/List of Contents
for ease of reference.

2.9 Copy of original tender The tenderer shall submit an original tender, plus
one complete hard copy of the original tender at
tender submission deadline.

Where a Tenderer only submits 1 set of


documents, the tenderer will be disqualified.

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ensure it is in line with the authorised version on the system.
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2002/015527/30.
File name: INVITATION TO TENDER Page 6 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

The tender must be submitted in English.


Tenders may not be written in pencil and must be
completed in ink.

2.13 Tender Validity Period The tender validity period is 90 days


Eskom may request to extend the validity period for a
specified additional period. A tenderer agreeing to the
request will not be required or permitted to modify a
tender.

2.16 Site/clarification meetings A non-compulsory tender clarification meeting


with representatives of the Employer will take place as
follows:

Date: Thursday, 30 June 2022


Time: 14h00
Venue: Microsoft Teams

Tenderers to download Microsoft Teams or use a


supported internet browser in order to be part of
the clarification meeting.
Tenderers must confirm their intention to attend
with the Eskom Representative by providing your
email addresses no later than 28 June 2022 to the
Eskom Representative: [email protected] for
an appointment to be sent to you.
On the day and time of the meeting, click on the
link in the appointment to join the meeting.

2.17 Clarification on enquiry documents The tenderer will notify the Employer of any
clarifications required before the closing time for
clarification queries, which is 5 (five) working days
before the deadline for tender submission.

3.1 Response to clarifications The responses will be published to all tenderers in the
same manner the enquiry documents were issued and
it is the tenderers responsibility to check the Eskom
Tender Bulletin, and NT e-Tender Portal regularly for
updated responses to clarifications by the Eskom

Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to
ensure it is in line with the authorised version on the system.
No part of this document may be reproduced without the expressed consent of the copyright holder, Eskom Holdings SOC Ltd, Reg No
2002/015527/30.
File name: INVITATION TO TENDER Page 7 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

Representative.

2.22 Alterations to documents The issued documents to be used for completion and
not a retyped version from the tenderer.
Do not make any alterations or additions to the tender
documents, other than for purposes 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.

2.23 Alternative tenders An alternative tender is allowed and may be based


only on the following criteria and subject to
acceptance by the Employer:
• A different completion date.
• A different payment method.
• Different technical methods and specifications
• A different main option and other combinations
of secondary option clauses, acceptable to
Eskom as the Employer, selected from the
NEC Engineering and Construction Contract

Note: An alternative tender will only be accepted for


evaluation if a main tender is submitted. The main
tender is the documents issued to the tenderer. The
alternative tender to be marked clearly “alternative
tender”.

2.25 Conditions of contract The conditions of contract will be the NEC3 Term
Service Contract

2.31 Provision of security for performance If security for performance (e.g. Performance Bond) is
required, the names of two financial institutions that
will be approached must be submitted with the tender.

3.4 Opening of tenders Tenders will be opened at the same date and time as
the tender deadline

3.5 Prices to be read out Prices will not be read out.

Confidential
When downloaded from the document management system, this document is uncontrolled and the responsibility rests with the user to
ensure it is in line with the authorised version on the system.
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File name: INVITATION TO TENDER Page 8 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

3.9 Basic Compliance ❖ Basic compliance for this invitation to tender is:
o Meet the eligibility criteria for a tenderer
o Submit one (1) hard copy of the original tender
to Eskom with commercial, financial and
technical information (duplication of the
original)
o Authorisation to Submit a Tender / Board
Resolution Letter
o Submit a complete original tender with
commercial, financial and technical information
o Submission of the mandatory commercial
tender returnables as at stipulated deadlines.
o Central Supplier Database (CSD)
number/registration (MAA………)

3.10 Mandatory tender returnables A tenderer that does not submit mandatory
documents/information as reflected in the mandatory
documents by the required deadlines as stipulated in
the Tender Returnable section of the respective
Invitation to Tender; will be deemed non-responsive.

3.11 Pre-qualification criteria Prequalification criteria in terms of the 2017 PPPFA


Regulations: None

3.12 Designated materials and thresholds Not applicable

3.13 Functional requirements Functional requirements are applicable.

Technical evaluation will be split into phases as per


the below:

A. Gatekeeper Requirement Technical Criteria 1:


National Home Builders Registration Council
Certificates

B. Evaluation Scoring Technical Criteria 2: The


tender documents are evaluated against the
technical evaluation criteria for functionality
which will be evaluated on a total weight of
100% and a minimum threshold of 80%.

Tenderers who meet the minimum threshold

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Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

score qualifies and will move onto the next


stage of evaluation.

3.15 Evaluation of price Prices will be evaluated as follows:


• Exclusive of VAT
• Making the specified correction for arithmetical
errors
• Excluding contingencies in any bill of quantities or
activity schedule.
• Making an appropriate adjustment for any other
acceptable variations, deviations, or alternative
tenders submitted.
• Making a comparison of the Net Present Value of
each adjusted tender based on the tendered
programme (if provided) and prices, on the
estimated effect of Price Adjustment Factors and
rate of exchange fluctuations (if applicable) and on
other evaluation parameters relating to uncertainty
and risk, where applicable.
• Unconditional discounts must be taken into
account for evaluation purposes;
• Conditional discounts must not be taken into
account for evaluation purposes but should be
implemented when payment is effected;
• Prices will be scored out of 90 points

3.17 Evaluation of B-BBEE B-BBEE status will be scored out of 20 points in


accordance with PPPFA.

If a tenderer fails to submit proof of B-BBEE status


level, the tenderer will not be disqualified. The
tenderer will, however, be awarded 80 points for price
and will score 0 points for B-BBEE level /status (out of
20)

3.18 Ranking of tenders Suppliers will be ranked by applying the preferential


point scoring based on the relevant system as
stipulated hereunder:-
• 80/20 (for estimated values above R30 000 and
up to R50M inclusive of VAT)

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File name: INVITATION TO TENDER Page 10 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

TABLE: PREFERENCE POINT SYSTEM

Adjudication Criteria Points


 Pt − P min 
Ps = 801 −  80
 P min 

Where:
Ps = Points scored for price of Bid under
consideration
Pt = Rand value of Bid under consideration
Pmin = Rand value of lowest acceptable Bid

Eskom will then add the score from Pricing and the B-
BBEE level together and rank the suppliers from the
highest to the lowest.

Objective criteria Not applicable

Contractual Requirements • Safety and Health


• Quality
• Environmental
• Due Diligence (Financial Statement)

Evaluation of Tenders The evaluation will be conducted in terms of the


Preferential Procurement Policy Framework Act
(“PPPFA”). The evaluation process and criteria will be
as follows:

• Stage 1: Acceptance/Responsive Tender


(Basic Compliance and Mandatory documents)
• Stage 2: Technical Functional Criteria
• Stage 3: SDL&I
• Stage 4: Price and BBBEE (80/20)
• Stage 5: Contractual requirements

3. TENDER RETURNABLES FOR EVALUATION

NOTE: Please note that all tender returnable documents under


Signing of Tender the mandatory section that requires the tenderers
Documents signature, needs to be signed in full for it to be valid.

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File name: INVITATION TO TENDER Page 11 of 51
Document
240-114238630 Rev 11
Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

Returnables Returnables
mandatory for mandatory
evaluation for contract
REFERENCE Returnables from supplier purposes and award and
due at tender due prior to
closing contract
award
COMMERCIAL

One (1) hard copy of the tender ✓


CSD (MAAA) number/registration

Basic Compliance Authority Form or Authorization Letter from ✓


Tenderer
Authorised to sign all documents in connection with this tender
offer and any contract resulting from it on behalf of the
company (same signature to appear throughout the tender
documents)
Annexure A Acknowledgement Form ✓

Annexure B Tenderers Particulars ✓

Annexure C Integrity Pact Declaration form (all sections) ✓

Annexure D CPA for local goods/services ✓

Annexure G
(applicable for all suppliers SBD 1- to be submitted with the tender at tender

including Foreign submission deadline
suppliers)
NEC TSC document C1.2 Contract Data (Part Two – Data provided by ✓
the Contractor)
Note: If the direct fee and subcontractor fee is not completed,
payment will be at actual cost without any fee percentage
considered If the shorter schedule of cost components are not
completed, payment will be at actual cost If the fee
percentages in the Short Schedule of Cost Components is not
completed, payment will be at actual cost without any fee %.
C2.2 Price List ✓
Do not make any changes to the price list If all line items are
not quoted, Eskom reserves the right to use the highest price
tendered for evaluation purposes. Price list to be signed
NDA Form Non-Disclosure Agreement Form ✓

Tax Evaluation Evaluation questionnaire to determine whether a ✓


Questionnaire (if company, close corporation (CC) or Trust is a
services contract and personal service provider for purposes of PAYE
was included as
annexure)

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Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

Tax Clearance A certified copy of a tax clearance certificate is still ✓


Certificates required by Foreign suppliers (with a footprint in
South Africa, but who are not on CSD and have not
provided a SARS pin number) and Local suppliers
(who have not provided their SARS e-filing PIN
number for verification by Eskom and/or their CSD
profile / CSD number).
Foreign suppliers (even those with no deemed footprint in
South Africa) must still complete the relevant section in Part A
of the SBD1 document, however, no proof of tax compliance is
required if the supplier answers “no” to all questions. If they
answer “yes” to any of the questions, however, they are
required to register and be tax compliant as per Part B- section
2 of the SBD 1 document and relevant legislation governing tax
compliance.
Compliance with To the extent that the tenderer falls within the ✓
Employment Equitydefinition of a “designated Employer” as
Act contemplated in the Employment Equity Act 55 of
1998, the tenderer is required to furnish the
Employer with proof of compliance with the
Employment Equity Act, including proof of
submission of the Employment Equity report to the
Department of Labour. (South African tenderers
only)
Shareholding Shareholding organogram and detailed breakdown ✓
(for each individual company/JV member) clearly
identifying percentages owned by individual
shareholders (full names & ID Numbers) and other
entities (provide full legal/trading name and
respective identifying registration/trust numbers)
Due Diligence Audited Financial Statements of the tenderer for the ✓
previous 18 months, or to the extent that such
statements are not available, for the last year.
Tenderers must note that in the case of a joint
venture or special purpose vehicle (SPV) especially
formed for this tender, audited financial statements
for each participant in the JV / SPV is required.
Start-up enterprises formed within the last 12
months are not required to send in statements, but
if successful with their tender will be required to
send statements for the first year when once
available.
Corporate Social It is expected for the tenderer to participate in a

Investment contribution of 1% per invoice value
SUPPLIER DEVELOPMENT LOCALISATION & INDUSTRIALISATION
Returnables Returnables
REFERENCE Returnables from supplier
mandatory mandatory

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for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX

for evaluation for contract


purposes and award and
due at tender due prior to
closing contract
award
*B-BBEE Affidavit • Copy of B-BBEE Certificate issued by a ✓
or Certificate SANAS Accredited Verification Agent; or
• Certified copy of B-BBEE Sworn Affidavit
for either EME or QSE.; or
• Copy of B-BBEE Certificate issued by
CIPC for EMEs’ only.

Tenderers submitting B-BBEE Sworn


Affidavits must ensure that the affidavits
meet the following key pointers to ensure
their validity to benefit from the BBBEE
points allocation. If not valid or not
submitted a zero score will apply:

• Name/s of deponent as they appear in the


identity document and the identity number.
• Designation of the deponent as the director,
owner or member must be indicated in order
to know that person is duly authorised to
depose of an affidavit. (Mark the applicable
option).
• Name of enterprise as per enterprise
registration documents issued by the CIPC,
where applicable, and enterprise business
address.
• Percentage of black ownership, black female
ownership and designated group. In the case
of specialised enterprises as per Statement
004, the percentage of black beneficiaries must
be reflected. (No blank spaces to be left).
• Indicate total revenue for the year under review
and whether it is based on audited financial
statements or management account. (Mark
the applicable option).
• Financial year end as per the enterprise’s
registration documents, which was used to
determine the total revenue. (Financial year
end to be stipulated by day/month/year).
• B-BBEE Status level. An enterprise can only
have one status level. (Tick applicable level)
• Empowering supplier status must be indicated.
For QSEs, the deponent must select the basis
for the empowering supplier status.

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for Proposal (RFP) Effective Date 18 February 2022
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MPKRI10307GX

• Date deponent signed and date of


Commissioner of Oath must be the same. (The
sworn affidavit must be signed in the
presence of the Commissioner of Oath.
Furthermore the Commissioner must also
sign and stamp)
• Commissioner of Oath cannot be an employee
or ex officio of the enterprise because, a
person cannot by law, commission a sworn
affidavit in which they have an interest.

If a tenderer fails to submit proof of B-BBEE status


level, the tenderer will not be disqualified (except if
B-BBEE level is a pre-qualification criterion). The
tenderer will, however, be awarded 80/90 points
for price and will score 0 points for B-BBEE level
/status (out of 10/20)
Additional Documents Letter of intent to form a JV/consortium ✓
required in event of JV:- Valid joint venture agreement confirming the ✓
rights and obligations of each of the joint
venture partners and their profit-sharing
ratios.
Written confirmation that the joint venture will ✓
operate as a single business entity
(incorporated) for the duration of the contract
(this may be included as an obligation within
the JV agreement)
* A trust, consortium or joint venture ✓
(including unincorporated consortia and joint
ventures) must submit a consolidated B-
BBEE Certificate from the accredited agency
for every separate tender.
Details and confirmation of a single ✓
designated bank account in the name of the
JV and independent of the individual JV
partners, as set out in the joint venture
agreement.
Annexure H SBD 6.1- Preference Points Claim Form in ✓
terms of PPPFA 2017 regulations
(should this form not be
submitted/completed/signed by tender
submission, the tenderer does not qualify for
BBBEE points)
SDL&I Undertaking SDL&I Undertaking Proposal sheet

(will form part of contractual requirements)
Skills Development 1x Civil Technician

5x Civil Artisans Welder

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Company Documents CIPC Registration Documents ✓


Financial Statements or Management

Accounts
ID copy of Member/s, Shareholder/s and/or

Director/s
Share Certificate/s ✓

FUNCTIONALITY CRITERIA

Technical evaluation will be split into phases as per the below:

A. Gatekeeper Requirement: Technical Criteria 1: To be submitted at time of tender closing to


qualify for further evaluation

B. Evaluation Scoring Technical Criteria 2: a minimum threshold of 80% to be achieved to


qualify for further evaluation of the tender

A. Mandatory: Technical Criteria 1

Tenderer to submit NATIONAL HOME BUILDERS REGISTRATION COUNCIL Certificates

B. EVALUATION SCORING: Technical Criteria 2 (Threshold 80%)

1. COMPANY EXPERIENCE: 30%

Submit proof of previously awarded Orders and/or Contracts to perform CIVIL


MAINTENANCE work and/or CIVIL MAINTENANCE RESOURCES Services, not
older than 2 Years.

Scoring:
1 Purchase Order/Contract 10%
2 Purchase Orders/Contracts 20%
3 Purchase Orders/Contracts 24%
4 Purchase Orders/Contracts 30%
2. QUALIFICATIONS OF CRITICAL RESOURCES: 24%

Provide proof of qualifications as per the requirements below (certified copies).

Resource Qty Qualification Score


Note: Each item has a point allocation of 2%, therefore quantity 1 is 2% and quantity 2 is
4%. Where 1 out of 2 is submitted only 2% will be scored and not the full 4%.

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1 1 X BTech Civil Engineering + Minimum


Site Supervisor 2%
Candidate ECSA Reg
Safety Officer 1 1 X NDip Safety Management + SAMTraC 2%
Civil Technician 2 2 X NDip Civil Engineering 4%
Artisan (Bricklayer / Builder) 2 2 X N3 Civil + Trade Test: Building 4%
Artisan (Plumber) 2 2 X N3 Civil + Trade Test: Plumbing 4%
Artisan (Carpenter) 2 2 X N3 Civil + Trade Test: Carpentry 4%
Artisan (Painter) 2 2 X N3 Civil + Trade Test: Painter 4%

ONLY CERTIFIED QUALIFICATIONS WILL BE ACCEPTED.

3. EXPERIENCE OF CRITICAL RESOURCES: 24%


Submit proof of a minimum of 18 months experience in the civil environment by
providing the below 2 items per resource in order to score the allocated point.

The experience to be for the same person as in the previous qualification section
question. No CV’s will be accepted.

1. A certified copy of a referral letter signed by the Manager/Supervisor on a


company letterhead OR Certified copy of the Employer Appointment Letter OR
Service Completion Letter

AND

2. An original Affidavit signed by the employee declaring that the referral letter
was issued to the relevant Employee after the stipulated service period

Scoring:
Resource Qty Score >24 Months 100%
Site Supervisor (1) 1 2% 18 - <24 Months 80%
12 - <18 Months 50%
Safety Officer (1) 1 2% 06 - <12 Months 30%
Civil Technician (2) 2 4% Less than 6 Months 0%
Artisan (Bricklayer / Builder) (2) 2 4%
Artisan (Plumber) (2) 2 4%
Artisan (Carpenter) (2) 2 4%
Artisan (Painter-) (2) 24%
Note: Each item has a point allocation of 2%, therefore quantity 1 is 2% and quantity 2 is 4%.
Where 1 out of 2 is submitted only 2% will be scored and not the full 4%.

4. COMPANY KNOWLEDGE OF PLANT: 22%


Provide methodology as per the work scope requirements in the NEC Term
Service Contract of this tender for the following:

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Methodology for Power Generation Plumbing Maintenance 3%


Methodology for Power Generation Carpentry Maintenance 3%
Methodology for Power Generation Glazing Maintenance 3%
Methodology for Power Generation Road Repairs & Maintenance 3%
Methodology for Power Generation Roof Maintenance 3%
Methodology for Power Generation General Maintenance as per Scope of 7%
Work

SHEQ DOCUMENTS REQUIRED UNDER CONTRACTUAL OBLIGATION


Contractual requirements are not evaluation criteria – does not result in a disqualification if not submitted at
tender stage. They are required to be met and assessed after the evaluation and ranking of the tenders.
Failure to meet “Contractual Requirements “by the stipulated deadlines; may result in the tenderer being
regarded as non-responsive and ineligible for contract award. However it is advisable to submit the
documents at tender stage to avoid delays and possible disqualification.
SAFETY EVALUATION CRITERIA

1. Safety Annexure B Is the acknowledgement of Eskom's SHE rules and requirements form
(Annexure B) signed and submitted by the tenderer?
2. Occupational Health and Safety OHS plan (Applicable to high risk work only)
plan • OHS organization within the Company-Responsibility & Accountability
• SHE Incident management
• Planning of conduct of work activities including planning for changes
and emergency work
• PPE- Personal Protective Equipment include (COVID 19)
• Emergency planning and fire risk management
• Vehicle and driver behavior safety
• Contractor or supplier selection and management
• Design and specifications
• Permits
• Competency, training, appointments
• Communication and awareness
• Management commitment and visible felt leadership
3. Costing for Safety Health and Costing for Safety Health and Environmental management
Environmental management Has the tenderer submitted detailed (The cost should be broken down not
provided as a lump sum) costing for SHE, i.e. –
• based on the overall scope of work/service to be performed;
• the generic scope of work/service risk assessment – may serve as a
guideline.

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4. Baseline Risk Assessment Baseline Risk Assessment (BRA)


(BRA) Identification, assessment and management of SHE risks related to the
scope of work. The methodology used for the risk assessment must be
provided together with the BRA (COVID 19)
5. Valid Letter of Good Standing Valid Letter of Good Standing (COIDA or equivalent)
6. SHE policy SHE policy signed by CEO/ MD-
Comply to OHS Act Section 7 or OSHAS 18001
7. SHE Competency SHE Competency (Consider scope of work, risks, SHE plan and
applicability) CV,s and qualifications / certificates e.g.
- First aiders
- Safety officer (SACPCMP)
- SHE Representative
- HCS Controller
- Incident investigator

ENVIRONMENTAL EVALUATION CRITERIA

Environmental Policy
The contractor must submit an Environmental Policy and proof of communicating it with the employees (project
team). The policy should demonstrate your organization (top management)’s commitment to protection of the
environment which is not only intended to prevent adverse environmental impacts through prevention of pollution,
but to protect the natural environment from harm and degradation arising from the organisation’s activities,
products and services. The policy must also demonstrate commitment to compliance with legal and other
requirements, prevent pollution and continually improve environmental performance.
Environmental Aspects and Impacts Register
The contractor shall determine the aspects related to the scope of work. Aspect is an element of organization’s
activity, products or services which may interact with the environment and may cause negative or positive impact.
While impact – refers to any change on the environment whether adverse or beneficiary. Changes to the
environment, either adverse or beneficial, that result wholly or partially from environmental aspects are called
environmental impacts. The environmental impact can occur at local, regional and global scales, and also can be
direct, indirect or cumulative by nature. The relationship between environmental aspects and environmental
impacts is one of cause and effect.
Environmental Management Plan
The contractor must develop an environmental management plan (EMP) specific to the Provision of Civil
Maintenance Service at Kriel Power Station for a Period of Three Years. The EMP shall address how activities,
which have potential to cause environmental impacts, will be managed during the lifespan of a project. Issues to be
addressed may include but are not limited to noise, odour, dust, air quality, water quality, erosion, use of
hazardous chemicals as well as waste generated.
Environmental Representative
The contractor must provide an appointment letter signed for the organisation’s Environmental representative.
The appointment letter shall be signed by the Top Management and the appointed representative.
Responsibilities for the representative shall include the following:
• Implementation and maintenance of the Environmental Management System.
• Ensuring the aspects and impacts of the organisation’s products, activities and services are determined,
documented, communicated, updated and managed in line with applicable compliance obligations
• Ensuring that environmental non-conformances arising from internal assessments and audits are effectively
closed through implementing and tracking of corrective and preventive action plans.
• Represent the organisation and participate in environmental management and related forums.
• Undertaking internal assessments and reporting on the results as and when required to ensure that site
conditions comply with the ISO 14001:2015 standard requirements, environmental authorisations, permits,

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licenses, notices and Environmental Management Plan requirements. This includes reporting on the Kriel
Power Station EMS Scorecard for contractors
Method Statement
A method statement must be submitted that explains the method that is going to be used to manage certain
environmental aspect of the activity. It should clearly explain the step-by-step procedure which will be used
execute the task.

QUALITY EVALUATION CRITERIA

SECTION A : Quality Management System A.1 Product / Service Scoping on ISO 9001 certificate is defined
Requirements ISO 9001 and relevant
(Option 1) Valid certification of Quality A.2 Certificate by Approved and Authorized certification authority
Management System by an ISO accredited A.3 Certification Authority has Recognized International
body Accreditation
A.4 Validity (expiry date) of certificate
OR
SECTION A : Quality Management System A.1 QMS Manual or a document that defines and describes the
Requirements ISO 9001 QMS and its scope or Quality Method statement based on scope
(Option 2) Objective evidence of A.2 Quality Policy Approved by top management
documented QMS that is not certified but A.3 Quality Objectives Approved by top management
complies with ISO9001 A.4 Records required by ISO 9001 standard (List of Records)
A.5 Control of documented information
A.6 Documented information for Control of nonconforming outputs
A.7 Documented information for Nonconformity and Corrective
action
A.8 Documented information for Internal audit
SECTION B : Evidence of QMS in operation B.1 Documented information for defined roles, responsibilities and
(Tender Quality Requirements -Ref QM-58 authorities
/240-105658000) B.2 Documented information for Control of Externally Provided
Processes, Products and Services
B.3 Latest copy of an internal management system audit report
(with Nonconformity, Correction and/ or Corrective Action Reports)
SECTION C : Contract Quality Plan C.1 Daft Contract Quality Plan specific to the scope of work as
Requirements (Ref QM-58 and 240- described in the tender documents (Ref ISO 10005)
109253698) NB : Draft Contract/Project Quality Plan has important QA
deliverables
SECTION D : Quality Control Plan D.1 QCP /Checklist/ ITP (Quality Control Plans) as per Scope of
Requirements (Ref QM-58 or 240-109253302) Works (Ref ISO 10005 & QM 58)
NB: Example of an Inspection and Test Plan (ITP) or Quality
Control Plan (QCP) on similar and/ or previous work done
SECTION E : User defined additional E.1 Form A is completed and signed.
Requirements & miscellaneous (Ref QM-58) E.2 Add other requirements (if applicable) as per the scope of
work and/or specification

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Template
240-147753143 Rev 1
Identifier
Authority to submit a tender Document
N/A Rev N/A
(returnable schedule) Identifier
Effective Date 01 November 2012
Review Date July 2022

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must
complete the certificate set out below for his category of organisation
OR
alternatively attach a certified copy of a company / organisation document which provides the
same information for the relevant category as requested here.

A B C D E
COMPANY CLOSE PARTNERSHIP JOINT VENTURE SOLE
CORPORATION PROPRIETOR

A. Certificate for company

I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ , chairperson of the board of directors of _ _ _ _ _ _ _ _ _ _


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _., hereby confirm that by resolution of the board taken on _ _ _
__ _ _ _ _ (date), Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _, was authorised to sign all documents in connection with this tender offer and any
contract resulting from it on behalf of the company.

Signed: Date:

Name: Position:

(Chairman of the Board of Directors)

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Template
240-147753143 Rev 1
Identifier
Authority to submit a tender Document
N/A Rev N/A
(returnable schedule) Identifier
Effective Date 01 November 2012
Review Date July 2022

B. Certificate for close corporation

I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ , member of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _


_ _ _ _ _ _ _ _ _ _ _, hereby confirm that by majority vote of the members taken on _ _ _ __ _ _ _ _ (date),
Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _, was authorised to sign all documents in connection with this tender offer and any contract resulting from it
on behalf of the company.

Signed: Date:

Name: Position:
(Member)

C. Certificate for partnership

We, the undersigned, being the key partners in the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ hereby authorise Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, acting in the capacity of _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _, to sign all documents in connection with the tender offer for Contract _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ and any contract resulting from it on our behalf.

Name Address Signature Date

NOTE: This certificate is to be completed and signed by the full number of Partners necessary to commit the
Partnership. Attach additional pages if more space is required.

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Template
240-147753143 Rev 1
Identifier
Authority to submit a tender Document
N/A Rev N/A
(returnable schedule) Identifier
Effective Date 01 November 2012
Review Date July 2022

D. Certificate for Joint Venture

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise

Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, an authorised signatory of the company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of lead partner, to sign all documents in connection with
the tender offer for Contract _ _ _ _ __ _ _ and any contract resulting from it on our behalf.

This authorisation is evidenced by the attached power of attorney signed by legally authorised signatories of all
the partners to the Joint Venture.

Furthermore we attach to this Schedule a copy of the joint venture agreement which incorporates 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 for and on behalf of any and all the partners.

Name of firm Address Authorising signature, name


and capacity

Lead partner

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Template
240-147753143 Rev 1
Identifier
Authority to submit a tender Document
N/A Rev N/A
(returnable schedule) Identifier
Effective Date 01 November 2012
Review Date July 2022

E. Certificate for sole proprietor

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby confirm that I am the sole owner of the business trading as


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Signed: Date:

Name: Position:
(Sole Proprietor)

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SBD1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: MPKRI10307GX CLOSING DATE: 21 July 2022 CLOSING TIME: 10h00
DESCRIPTION Provision of Civil Maintenance Service at Kriel Power Station for a Period of Three Years
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 :
ESKOM TENDER BOX, GROUND FLOOR, NO. 10 SMUTS AVENUE, WITBANK / EMALAHLENI, MPUMALANGA
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
AN ACCOUNTING OFFICER AS CORPORATION ACT (CCA)
CONTEMPLATED IN THE CLOSE A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN
CORPORATION ACT (CCA) AND NAME THE ACCREDITATION SYSTEM (SANAS)
APPLICABLE IN THE TICK BOX A REGISTERED AUDITOR
NAME:

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[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 A FOREIGN
ARE YOU THE ACCREDITED Yes No BASED SUPPLIER FOR Yes No
REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS
THE GOODS /SERVICES /WORKS /SERVICES /WORKS [IF YES ANSWER PART B:3
OFFERED? [IF YES ENCLOSE PROOF] 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

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.

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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.

SIGNATURE OF BIDDER

CAPACITY UNDER WHICH THIS BID IS SIGNED


(Proof of authority must be submitted e.g. company resolution /
letter of authority to submit this tender)
DATE:

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ANNEXURE A

ACKNOWLEDGEMENT FORM Acknowledgement:

We are in receipt of the Invitation to Tender/Proposal from Eskom Holdings SOC Ltd and the following
addenda issued by Eskom:

We confirm that the documentation received by us is: (Indicate by ticking the box)

Correct as stated in the Invitation to Tender / RFP Content List, and that each document is complete.

Or: Incorrect or incomplete for the following reasons: 

Cataloguing Acknowledgement:

[Please select the relevant statement by ticking the appropriate box below]:

1. We agree to provide the cataloguing information as described in the tender submission. 

2. We have already supplied Eskom with the cataloguing information pertaining to this
enquiry in a previous contract/order [insert previous invitation to tender/RFQ number]
 __________
3. We do not intend to provide the cataloguing information for the required scope /
specifications. for the reasons stated hereunder: 
__________________________________________________________________________
__________________________________________________________________________
_____________________________________________________

4. I confirm that I am a Distributor/Importer/Agent and my Principal, being the Original


Equipment Manufacturer (OEM) is or is not in the position to supply cataloguing information
for items. See attached letter from OEM confirming his position. 

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Invitation to Tender/Request for Proposal No. MPKRI10307GX

Name of company/JV: _______________________________________

Country of registration_______________________________________

Name of contact person:______________________________________

Contact details of contact person:

Tel (landline) ______________________

Cell phone_________________________

e-mail address______________________

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ANNEXURE B
TENDERER’S PARTICULARS

The tenderer must furnish the following particulars where applicable:

Indicate the type of tendering structure by marking with an ‘X’ (where applicable provide
registration number):
Individual tenderer
Unincorporated Joint venture (registration number
for each member of the JV)
Incorporated JV
Other

Please complete the following (do not leave blank): (ALL ENTITIES)

Name of lead partner, or


Member in case of JV
CIPC Registration Number (for each individual
company or JV member)
VAT registration number (for each individual
company or JV member)
CIDB registration number (for each individual
company or JV member if applicable)
Shareholding information (for each individual Include as separate tender returnable if required.
company or JV member) clearly identifying
percentages owned by individual shareholders (full
names & ID Numbers) and other entity shareholders
(provide full legal/trading name and respective
identifying registration/trust numbers)
Contact person
Telephone number
E-mail address
Postal address
(also of each member in the case of a JV)

Physical address
(also of each member of the JV)

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If SUBCONTRACTORS are to be used, indicate the following for the main sub-contractor(s).

Name of contractor
CIPC Registration number
VAT registration number
CIDB Registration number (if applicable)
Shareholding organogram/breakdown (for each
individual company/JV member) clearly identifying
percentages owned by individual shareholders (full
names & ID Numbers) and other entities (provide full
legal/trading name and respective identifying
registration/trust numbers)
Proposed Scope of work to be done by sub-contractor
Contact person
Telephone number
Fax number
E-mail address
Postal address

Physical address

1 If you are currently registered as a vendor with Eskom,


please provide your Vendor registration number with
Eskom
2 If you are currently registered as a vendor on the
Treasury Central Supplier Database (CSD), provide your
supplier registration number with Treasury
3 If you are registered on SARS E-filing system, please
provide your pin number in order to verify your tax
compliant status

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4 It is mandatory for you to register on National Treasury’s CSD, if you intend doing work with
any State department or State owned entity/company.
5 You may register online at National Treasury website on www.treasury.gov.za
6 Alternatively, you may contact for assistance (Eskom Vendor Management):
Maluta Mukwevho, tel 013 693 2520, [email protected]

7 If you are required to be tax compliant as per SBD 1, but


are not registered on CSD (foreign suppliers) or have not YES
provided your SARS E-filing pin, please confirm that you NO
have attached / will send a copy of a current valid tax
compliant certificate as a tender returnable (by contract
award stage).

8 If SUB-CONTRACTING is prescribed in the specific enquiry, you need to compete 8.1- 8.9
8.1 Confirm if you intend sub-contracting
YES
NO

8.2 What percentage will you be sub-contracting ?


%
8.3 To whom do you intend sub-contracting

8.4 Is the said sub-contractor registered on CSD?


YES
NO

8.5 If yes to 8.4, please provide CSD number

8.6 Please confirm B-BBEE level of said sub-contractor


8.7 • Which designated group does the sub-contractor
belong to:-
a. Black people
b. Black people who are youth
c. Black people who are women
d. Black people with disabilities
e. Black people living in rural or underdeveloped
areas or townships
f. Cooperatives which are 51% owned by Black
people
g. Black people who are military veterans

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If Eskom decides to apply the sub-contracting provision


as specified in Regulation 4(c) all tenders above the
prescribed maximum threshold for quotations must be
advertised through an open competitive bidding process
subject to potential tenderers meeting the percentage
minimum subcontracting requirement to EMEs or QSEs
that are 51% owned by the following enterprises
8.8 Please confirm that you have attached your signed intent
to sub-contract document. YES
NO

8.9 Have you attached proof of sub-contractor’s belonging to


designated group YES
NO

A. Single tenderers

I, the undersigned,
___________________________________________________________________
(Full names)
hereby confirm that I am duly authorised to sign all documents in connection with this tender and
any contract resulting from it, on behalf of ___________________________________________
(insert the full legal name of the tenderer)

Signed: Date:

Name: Designation:

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B. Joint Ventures

We, the undersigned, are submitting this tender in Joint Venture and hereby authorise

Mr/Ms ___________________________________________________(full names),

an authorised signatory of _______________________________________________________,


(insert the full legal name of the business entity serving as the lead partner)

acting in the capacity of lead partner, to sign all documents in connection with the tender and any
contract resulting from it on our behalf.

We attach to this Schedule a copy of the joint venture agreement which incorporates 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 for and on behalf of any and all the partners.

Legal Name of Joint Venture Full Name and Capacity of Authorised Signature
Member Signatory

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ANNEXURE C

INTEGRITY DECLARATION FORM

1. DECLARATION OF INTEREST
I/We understand that any natural/legal person, including employees of the State and/or those related to an
Eskom employee/director (as per the definition of “related” set out hereunder), may tender to Eskom.
However, in view of possible allegations of favouritism (the practice of showing favour to, or giving
preference to some person/group, to the detriment of, or at the expense of another that is entitled to equal
treatment or an equal opportunity), should the resulting tender, or part thereof, be awarded to such
natural/legal person, as described herein, it is required that the tenderer/s declare such interest/relationship
where:-

• the tenderer/s employees/directors are also employees/contractors/consultants/ directors in the


state or a state owned entity.

• the tenderer/s employees/directors are also employees/contractors/consultants/ directors of


Eskom

• the tenderer/s employees/directors are also employees/contractors/consultants or directors in


another entity together with Eskom employees/consultants/contractors/ directors

• the legal person/s (including its employees/contractors/directors/members/ shareholders) on


whose behalf the tender documents are signed, is in some other way “related” to an Eskom
employee/contractor/consultant/director involved in the tender evaluation/tender
adjudication/tender negotiation. “Related” meaning that:-

• an individual is related to another individual of they are married, or live together in a


relationship similar to marriage;
• or are separated by no more than two degrees of natural or adopted consanguinity or
affinity;
• an individual is related to a juristic person if the individual directly or indirectly controls the
juristic person, as determined in accordance with the definition of “control” (as per
Companies Act section 2(1) ) ; and

• a juristic person is “related” to another juristic person if :-


▪ (1)either of them directly/indirectly controls the other, or the business of the other,
as determined in accordance with the definition of “control”(as per Companies Act
section 2(1) );
▪ (2) either is a subsidiary of the other; or
▪ (3)a person directly/indirectly controls each of them, or the business of each of
them, as determined in accordance with the definition of “control”

• the tenderer/s and one or more of the tenderers in this tendering/RFP process have a controlling
partner in common, or a relationship with each other, directly or through common third parties,

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that puts them in a position to have access to information about or influence on the
tender/proposal of another tenderer, or influence the decisions of Eskom regarding this bidding
process;

To give effect to the provisions above, please complete the table hereunder with all required information.

Full Name & Capacity/ Identity Confirm and provide Full Names & To your
Position within tenderer Number details (including Capacity/Position of knowledge
(e.g. employee number) if Eskom employee/ is this
employee/Director/member/ you are a State/State director/ consultant person
owner/shareholder) owned entity and details of the involved in
employee/contractor/ relationship or the
director. interest(marital/ evaluation/
familial/personal/ adjudication/
financial etc.) negotiation
of tenders

1 If any employee/director/member/shareholder/owner of tenderer/s is also currently employed by


Eskom, state whether this has been declared and whether there is authorisation (Y/N) to undertake
remunerative work outside public sector employment, and attach proof to this declaration.

_________________________ (Yes / No)

2 Do the tenderer/s and other tenderer in this tendering/RFP process share a controlling partner or have
any relationship with each other, directly or through common third parties? (Y/N).

.________________________ (Yes / No) If Yes, attach proof to this declaration

2. DECLARATION OF FAIR TENDERING PRACTICES

This serves as a declaration that when goods/services are being procured, all reasonable steps have been
taken to address and/or prevent the exploitation of the procurement process and the use of any unfair
tendering practices.
A tender will be disqualified if the tenderer/s, or any of its directors have:
• abused the institution’s procurement process (e.g. bid rigging/collusion)
• committed fraud or any other improper conduct in relation to such system.

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Please complete the declaration with an ‘X” under YES or NO

Item Question Yes No


1.1 Is the tenderer/s (or any of its directors/members/shareholders) listed on
National Treasury’s Database of Restricted Suppliers as
companies/persons prohibited from doing business with the public sector,
or listed on the Register for Tender Defaulters in terms of section 29 of the
Prevention and Combatting of Corrupt Activities Act (No 12 of 2004)
The Database of Restricted Suppliers and the Register for Tender
Defaulters can be accessed on the National Treasury’s website
(www.treasury.gov.za).
[Note: Companies/persons who are listed on the Database were informed in writing
of this restriction by the Authority/Accounting Officer of the institution that
imposed the restriction after the audi alteram partem rule was applied].

1.2 Is the tenderer/s (or any of its directors / members / shareholders) listed on
the Register for Tender Defaulters in terms of section 29 of the Prevention
and Combatting of Corrupt Activities Act (No 12 of 2004).

The Register for Tender Defaulters can be accessed on the National


Treasury’s website (www.treasury.gov.za).

1.3 Was the tenderer/s (or any of its directors/members/shareholders)


convicted by a court of law (including a court outside South Africa) for
fraud and/or corruption with respect to the procurement/tendering
processes/procedures during the past five years?
1.3.1 Provide details.

Was the tenderer/s (or any of its directors/members/shareholders)


prohibited from doing business with any International Financial
1.4
Development/funding Agency or Lending Institution

Is there any history/record of the tenderer/s (or any of its


1.5 directors/members/shareholders) failing to meet their contractual obligation
with any SOC?

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I, the undersigned, ________________________________________hereby confirm that I am duly


authorised to sign all documents in connection with this tender and any contract resulting from it on behalf
of ___________________________________________________________________________________
(insert the full legal name of the tenderer)

I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all
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.

Signature:

Designation and capacity in which signing:

Date:

Joint Ventures

I, the undersigned, ______________________________________________hereby confirm that acting in


the capacity of lead partner, I am duly authorised to sign all documents in connection with the tender and
any contract resulting from it on behalf of ___________________________________________________
(insert the full legal name of the JV)

I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all
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.

Signature:

Designation and capacity in which signing :

Date:

(A copy of the joint venture agreement which incorporates 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 for and on behalf of any and all the partners is attached to the invitation to
tender/Request for proposal).

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Annexure D : Important to read the contents. Tenderer to submit a CPA proposal with the tender submission or accept the
proposal from Eskom

ANNEXURE D

CPA REQUIREMENTS FOR LOCAL GOODS AND SERVICES (SOUTH AFRICA)

THE APPLICATION OF CONTRACT PRICE ADJUSTMENT (CPA) TO TENDER SUBMISSIONS

This Section will not be applicable to professional services contract

1. APPLICATION OF CPA
Eskom will afford Tenderers an opportunity to propose additional/alternate offers to the
abovementioned. Additional Offers, which are optional, will only be considered if a fully compliant Main
Offer is submitted and acceptable.

CPA conditions may apply if the contractual duration is to be longer than 12 months. If the contractual
duration will be less than or equal to 12 months, a fixed priced offer must be submitted.

2. TENDER SUBMISSIONS
Tenderers shall comply with the following requirements:

a. Main offer:

• A Main Offer that is fully compliant with the CPA requirements as specified in the Enquiry.

• This condition is mandatory unless a fully fixed priced offer is submitted. If more than one offer
is submitted, then the fully CPA compliant offer must be indicated as the Main Offer.

Failure to do so may result in the supplier’s offer(s) being disqualified.

b. Additional/Alternative offer:

Additional offers, which are optional, will only be considered if a fully compliant main offer is
submitted and acceptable:
• A fixed priced offer in addition to the fully CPA compliant main offer; or
• Any other offer with CPA specifications which deviate from the CPA requirements
specified in the enquiry. However it is compulsory that all such deviations are sufficiently
substantiated.
• Additional/Alternative Offers must be clearly indicated as such

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3. ESKOM’S PREFERRED INDEX LIST


Eskom’s preferred index list is set out hereunder in Tables 1 and 2. The index list comprises
indices that could be used in the Tenderers main offer.

4. FOREIGN PORTION OF THE TENDER/AGREEMENT PRICE


In instances where the preferred index list does not specify a foreign index which is required for the
specific agreement, the following must apply:

• The source of an index must be that of the national statistical institute of the relevant country or
a generally acknowledged statistical (e.g. industry) body in or for that country, e.g. BEAMA and
MEPS.
• The index must be the equivalent, or if unavailable, the nearest equivalent index to that of the
specific prescribed local index.

5. NUMBER OF FORMULAE & INDICES


• The Tenderer is limited to a maximum of 10 (ten) indices in total, i.e.: a maximum of 5 local
indices and maximum of 5 foreign indices, excluding the fixed portion per CPA formula, per
offer/agreement.

6. CPA FIXED PORTION


A minimum of 10% of the total agreement value is to be fixed when a CPA formula applies; except
in the case of professional services or consulting agreements.

7. BASE DATE
• In instances of indices or other references published monthly, the Base Date is to be:
The month before the month in which the Enquiry closes

• In instances where the reference figures, e.g. market prices, are published daily or at more
intervals than once a month:
The average for the month before the month in which the Enquiry closes

• In this case, the following shall apply:


o Where the average is published:
The average published price in the currency Eskom will be exposed to.
e.g. The currency in which Eskom will effect payment

o Where a high, low and mean are published:


The mean
o Where other prices than the Cash Settlement or Cash Sellers Price are published:
The Cash Settlement or Cash Sellers Price

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• Where applicable, these principles, must also apply for the CPA “cut-off” date.

8. CPA FOR PROFESSIONAL SERVICES


The preferred index to be used for adjusting these agreements is the country specific CPI
Headline index.

The price adjustment factor will be effective from each contractual anniversary of the base date.
This must be the average of the country specific CPI Headline index figures published for the last
twelve month period (cycle) ending before the contract anniversary date.

No fixed portion is mandatory.

Signed Date

Name Position

Tenderer

Eskom Proposal:

The rates will be fixed and firm for the first year of the contract. Where the tenderer did not propose his
own CPA tables the proposed CPA tables below to be negotiated.

Proportion Table Used Index Used


0.65 Table C3-Labour SEIFSA
0.05 Table L2-Transport SEIFSA
0.15 Table P2-Machinery SEIFSA
0.15 Non-Adjustable

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Table 1: Preferred Local Index List -this list of indices needs to be relevant to the commodity.

Labour Commodities Processed material Transport Others


Labour general (hourly Steel Mechanical SEIFSA, L2, road StasSA, PO141 CPI (Headline)
paid) StatsSA, P0142.1 Table engineering material freight costs all items
SEIFSA, C3, actual 2, basic iron and steel SEIFSA, G, mechanical OR
labour cost engineering material SEIFSA, D-2 (CPI)
Copper
SEIFSA, F, copper metric Electrical engineering
Labour general ton material
SEIFSA, C3 (a), actual SEIFSA, G-1, electrical
StasSA, PO142.1), PPI
labour cost (field force) Aluminium engineering material • Final Manufactured Goods
SEIFSA, R, aluminium Or
where subsistence
allowance is paid
Building and • Intermediate Manufactured
Zinc construction material Goods OR
SEIFSA, F, zinc SEIFSA, G, building and • SEIFSA Table U Producer
construction material Price Index (PPI
Lead - final manufactured GOODS
SEIFSA ,F, lead OR Intermediate Manufactured
Goods

Table 2: Preferred Foreign Index List

Labour Commodities Processed material Transport Others


National Statistical MEPS, National Statistical National Statistical National Statistical
Institute, Country-specific general Institute, Institute, Institute,
Country-specific general steel index Country-specific Country-specific general Country-specific CPI
transport cost index (Headline)
labour index mechanical engineering
LME, Copper material National Statistical
Institute,
LME, aluminium National Statistical
Country-specific PPI
Institute,
LME, zinc Country-specific
electrical engineering
LME, lead material

National Statistical
Institute,
Country-specific building
and construction material

Tender closing date: Signature of tenderer

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MPKRI10307GX

CONFIRMATION OF EMPLOYMENT EQUITY

To the extent that the tenderer falls within the definition of a “designated Employer” as contemplated in
the Employment Equity Act 55 of 1998, the tenderer is required to furnish the Employer with proof of
compliance with the Employment Equity Act, including proof of submission of the Employment Equity
report to the Department of Labour. (South African tenderers only)

(indicate with a tick)

Are you currently employing more than 50 Yes No

employees?

If you employ more than 50 employees proof of submission of the Employment Equity
report to the Department of Labour (South African tenderers only) is required and must
be attached here.

Signed Date

Name Position

tenderer

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Note: Tenderers submitting B-BBEE Sworn Affidavits must ensure that the affidavits are valid to benefit
from the BBBEE points allocation. If not valid or not submitted a zero score will apply.

Annexure H

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
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable
taxes included).
1.2
a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)
and therefore the 90/10 preference point system shall be applicable; or
b) depending on the offers received, either the 80/20 or 90/10 preference point system will be
applicable to this tender

1.3 Points for this bid shall be awarded for:


(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 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

1.5 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.

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1.6 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 level of contributor” means the B-BBEE status of an entity in terms of a
code of good practice on black economic empowerment, issued in terms of section 9(1) of
the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by
an organ of state for the 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. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black
economic empowerment issued in terms of section 9 (1) of the Broad-Based Black
Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in accordance
with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice
on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black
Economic Empowerment Act;

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(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time
of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE


3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
80/20 or 90/10

 Pt − P min   Pt − P min 
Ps = 801 −  or Ps = 901 − 
 P min   P min 
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR


4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference
points must be awarded to a bidder for attaining the B-BBEE status level of contribution in
accordance with the table below:

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


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

1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant 0 0
contributor

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5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:-

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4


AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in
paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of
contributor.

7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO

7.1.1 If yes, indicate:


i) What percentage of the contract will be subcontracted
%
ii) The name of the sub-contractor

iii) The B-BBEE status level of the sub-contractor

i) Whether the sub-contractor is an EME or QSE


(Tick applicable box)
YES NO

ii) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of
Preferential Procurement Regulations, 2017:

Designated Group: An EME or QSE which is at least 51% owned by: EME QSE
√ √
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE

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8. DECLARATION WITH REGARD TO COMPANY/FIRM


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
[TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………

8.6 COMPANY CLASSIFICATION


(TICK APPLICABLE BOX)
 Manufacturer
 Supplier
 Professional service provider
 Other service providers, e.g. transporter, etc.

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

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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.

WITNESSES SIGNATURE(S) OF BIDDERS(S)


1.

2. Date:
Address:

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Review Date February 2025
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SUPPLIER DEVELOPMENT LOCALISATION & INDUSTRIALISATION UNDERTAKING

It is proposed for tenderers to make undertakings to advance designated groups through local
content, subcontracting and skills development commitments relevant to this tender
MPKRI10307GX. It is preferred that this form be completed to indicate your
acceptance/proposal.

Eskom reserves the right to negotiate with the tenderer on these requirements and will become
a contractual obligation.

The contractor will be required to maintain or improve their B-BBEE Recognition Level for the duration
of the contract.

SDL&I Penalty (contractual obligation)

▪ Eskom will apply a penalty of 2.5% of the Contract Value for failure to meet SDL&I obligations.
▪ For the duration of the contract, Eskom will retain 2.5% of every invoice (excluding VAT) as
security for the fulfilment of all SDL&I Obligations. The retained amounts shall only be released to
the Contractor upon fulfilment of all SDL&I obligations at the end of the contract.
▪ Alternatively the Contractor shall submit a bond equivalent to 2.5% of the Contract Value and shall
only be released to the Contractor upon fulfilment of all SDL&I Obligations

SDL&I Reporting & Monitoring (contractual obligation)

• The suppliers shall on a monthly/quarterly basis submit a report to Eskom in accordance with Data
Collection Template on their compliance with the SDL&I obligations described above.
• Eskom shall review the SDL&I reports submitted by the suppliers within 60 (sixty) days of receipt of
the reports and notify the suppliers in writing if their SDL&I obligations have not been met.
• Upon notification by Eskom that the suppliers have not met their SDL&I obligations, the suppliers
shall be required to implement corrective measures to meet those SDL&I obligations before the
commencement of the following report, failing which Retention clauses shall be invoked.
• Every contract shall be accompanied by the SDL&I Implementation Schedule which must be
completed by the suppliers and returned to SDL&I representative for acceptance 28 days after
contract award. This will be used as a reference document for monitoring, measuring and reporting
on the supplier’s progress in delivering on their stated SDL&I commitments.

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Review Date February 2025
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SKILLS DEVELOPMENT

Participation is expected in the following skills areas:

Category Eskom Target Tenderer Proposal


1 Civil Technician 1
Intake: S4 Civil Engineering and Exit: Technician
2 Civil Artisan (different trades) 5
Intake: N3 Civil Engineering and Exit Artisan

CORPORATE SOCIAL INVESTMENT (CSI)


It is expected for the tenderer to participate in a contribution to the Kriel area local community initiative
per invoice value.

Criteria Eskom Target Tenderer acceptance


CSI 1% per invoice value

No money will be exchanged. In co-operation with the relevant Kriel Committee, the contractor will be
approached to contribute the CSI value at the time towards a project on the identified list. The
contractor will be directly involved.

Name & Signature: Date:


Designation:

Name of tendering company:

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