Invitation to Tender Civil Maintenance Service Kriel MPKRI10307GX
Invitation to Tender Civil Maintenance Service Kriel MPKRI10307GX
Invitation to Tender Civil Maintenance Service Kriel MPKRI10307GX
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
FOR THE
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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.
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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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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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.
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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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.
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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.
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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
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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.
2.25 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
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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.
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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.
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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
✓
CSD (MAAA) number/registration
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 ✓
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FUNCTIONALITY CRITERIA
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%
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The experience to be for the same person as in the previous qualification section
question. No CV’s will be accepted.
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%.
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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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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.
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
Signed: Date:
Name: Position:
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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
Signed: Date:
Name: Position:
(Member)
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.
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
We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise
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.
Lead partner
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Review Date February 2025
MPKRI10307GX
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
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
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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 ]
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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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
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ANNEXURE A
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.
Cataloguing Acknowledgement:
[Please select the relevant statement by ticking the appropriate box below]:
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:
__________________________________________________________________________
__________________________________________________________________________
_____________________________________________________
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Country of registration_______________________________________
Cell phone_________________________
e-mail address______________________
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ANNEXURE B
TENDERER’S PARTICULARS
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)
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
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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]
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
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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
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
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 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
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).
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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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).
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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:
Date:
Joint Ventures
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:
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
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.
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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• 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.
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
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• Where applicable, these principles, must also apply for the CPA “cut-off” date.
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.
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.
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Table 1: Preferred Local Index List -this list of indices needs to be relevant to the commodity.
National Statistical
Institute,
Country-specific building
and construction material
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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)
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
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
1.5 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;
Pt − P min Pt − P min
Ps = 801 − or Ps = 901 −
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
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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File name: INVITATION TO TENDER Page 46 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
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:-
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(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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Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………
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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Invitation to Tender/ Request Identifier
for Proposal (RFP) Effective Date 18 February 2022
Review Date February 2025
MPKRI10307GX
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in
addition to any other remedy it may have –
2. Date:
Address:
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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
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.
▪ 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
• 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
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.
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