Invitation To Tender REV 1

ESKOM HOLDINGS SOC LIMITED
INVITATION TO TENDER NO: PS(DRP)2012/JL/03
Eskom Holdings SOC Limited GROUP TECHNOLOGY & COMMERCIAL DIVISION PROJECT SOURCING DUVHA REFURBISHMENT PROJECT DUVHA POWER STATION P.O. BOX 2199 WITBANK 1035 Tel: +27 13 690 0108/0767 Fax: +27 86 719 9867 Invitation to Tender Number: PS(DRP)2012/JL/03 Date: 11 July 2012
T1.1
Invitation to Tender
Eskom Holdings SOC Limited (hereinafter Eskom) invites you to submit a tender for the
Construction of Control rooms, Equipment rooms, Electrical Operation Desk (EOD) and Simulator Room/s
The required scope for this tender is fully set out in the specifications contained in:
Part C3: Works Information Construction of Control rooms, Equipment rooms, Electrical Operation Desk (EOD) and Simulator Room/s
The tender 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 your acceptance of the Eskom Standard Conditions of Tender. You are required to complete the attached Acknowledgement Form and return by facsimile as indicated on the form within five (5) days of receipt of this Invitation. Kindly return the Acknowledgement Form, providing your reasons for not wishing to participate. Tender documentation can be downloaded from http://mp2mas17.eskom.co.za/tenderbulletin/search.asp Queries relating to the issue of these documents may be addressed to the Eskom Representative. Yours faithfully MIMI NKUMBA PROCUREMENT MANAGER PROJECT SOURCING -DUVHA REFURBISHMENT PROJECT
PART T1 INVITATION TO TENDER
ESKOM HOLDINGS SOC LIMITED T1.1 ACKNOWLEDGEMENT FORM TO:
INVITATION TO TENDER NO: PS (DRP) 2012/JL/03
THE ESKOM REPRESENTATIVE is
FROM
Attention Fax No.
Julia Lebepe/Peloame Tiro +27 86 719 9867
Sender Fax No. Date
INVITATION TO TENDER NO: PS(DRP)2012/JL/03 ACKNOWLEDGEMENT: Construction of Control rooms, Equipment rooms, Electrical
Operation Desk (EOD) and Simulator Room/s

We are in receipt of the Invitation to Tender from Eskom Holdings SOC Limited dated . We confirm that the documentation received by us is: Correct as stated in the Tender Data, and that each document is complete. [Indicate by ticking the box)] Or: Incorrect or incomplete for the following reasons:
Please select either statement 1 or 2 by ticking the appropriate box below: 1. We have noted the deadline for tender submission stated in the Tender Data and will be submitting our tender before the stipulated time. 2. We do not intend to submit a tender for the required scope / specifications, and return all of the attached documentation herewith. The reasons for not submitting a tender is as follows:
Regards __________________________________ Signed on behalf of the tenderer
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Eskom Holdings SOC Limited
GROUP TECHNOLOGY & COMMERIAL DIVISION GROUP COMMERCIAL - PROJECT SOURCING DUVHA REFURBISHMENT PROJECT DUVHA POWER STATION P.O. BOX 2199 WITBANK 1035 Tel: +27 13 690 0108/0676 Fax: +27 86 719 9867
www.eskom.co.za
Invitation to Tender Number:
Date: 11 July 2012
PS(DRP)2012/JL/03 T1.2 Tender Data
The Eskom Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the event of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.
Clause number 1.1
T1.2 Tender Data

The Employer is Eskom Holdings SOC Limited The Eskom Representative is: Name: Julia Lebepe/Peloame Tiro Address: P.O. Box 2199, GTCD-CMD Duvha Power Station, Witbank 1035 Tel: +27 13 690 0108/0767 Fax: +27 86 719 9867 E-mail: cedduvha@eskom.co.za
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1.2
2.3
The document issued by the Employer comprise of the following documents: T1.1 Invitation to Tender CO ECC3 Contract Cover Page C1.1 ECC3 Form of Offer & Acceptance C1.2a ECC3 Contract Data provided by the Employer C1.2b ECC3 Contract Data provided by the Contractor C1.3 ECC3 Proforma Guarantees C2 ECC3 Pricing Data Option A C3.1 ECC3 Employer's Works Information C4 ECC3 Site Information Policies and Procedures
2.19
T1.2 Tender Data T2.1 List of returnable documents(Pro-forma are provided where applicable) T2.1a List of Commercial Returnable documents T2.1b List of Financial Returnable documents T2.1c List of Technical Returnable documents T2.1d List of Quality Returnable documents T2.1e List of SHE Returnable documents T2.1f List of Programme Returnable documents T2 1g List of Bonds and Guarantees
2.38
Documents to be returned by the tenderer comprises the following: T1.1 Acknowledgement Form T2.1a Commercial Returnable documents T2.1b Financial Returnable documents T2.1c Technical Returnable documents T2.1d Quality Returnable documents T2.1e SHE Returnable documents T2.1f Programme Returnable documents T2 1g Completed Bonds and Guarantees
C1.1 Form of Offer Acceptance C1.2 Data related to the contract conditions as provided by the Contractor/Supplier. C2 Description of tenderers specification for the works.
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2.1
Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders: 1. The tenderer must have the technical ability and track record to execute the works, and in this regard tenderers may, inter alia, show / demonstrate ability or experience in executing project of similar nature. 2. The Employer has set aside 100% of the contract for Black Women-owned Suppliers / Small Black Enterprises and tenders from other suppliers will not be accepted or evaluated. 2.1. The tenderer must have a minimum B-BBEE rating of Level 3 for BWOS, SBE and have CIDB Grade of 5CE, which must be maintained for the duration of the project. 2.2. Tenderers from outside Mpumalanga Province shall form a Joint Venture with the BWOs and SBE with a minimum B-BBEE rating of Level 1-3 from Nkangala District Municipality in Mpumalanga Province. 2.3. 2.4. The constitution of the JV must be 50:50 partnership. The Employer requires all tenderers to make provision to subcontract at least 25 % of the estimated contract value to capable Black Women-owned Suppliers/ Small Black Enterprises within local to site who are acceptable to the Employer.
2.36
Where the tender calls for Construction works, the following CIDB registration grading level is required irrespective of whether the tender is single entity or JV-Joint Venture: 3. The tenderers to be registered as 5CE Working of Class of construction works, with the Construction Industry Development Board (The CIDB). Proof of application or Certificate of Registration with the CIDB is required. In the event that at the closing date only proof of application is available this must be submitted with the tender and a certificate of registration must be submitted by the tenderer prior to tender award. 4. Further, the CIDB Regulations make provision for the joint ventures to be eligible to submit tender offers as per Regulations 25(5) of the CIDB Regulations. The aforementioned regulation states the following in regards: 5. Every member of the joint venture is a registered contractor, and 6. The lead partner has a contractor grading designation in the class of construction works under consideration and possesses the required recognition status; and if the category of registration of the joint venture , determined in accordance with sub regulations 25(6) is equal to or higher that the category of registration specified in
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accordance with sub regulations 25(3). a. Accordingly, all tenderers, including tenderers who tender as joint venture, must submit proof of CIDB registration or application for registration as a tender returnable given the nature of the work and the value of the work contemplated tenders are required to register in the CIDB 5CE Working designation (the required grading designation) b. The required grading designation may not be capable of being achieved by a tenderer if the tendering entity has not itself carried out work that qualifies it to achieve such a designation. In the event that the tenderer is unsuccessful in obtaining the required grading designation, the tenderer should provide such information as is necessary for Eskom to consider whether or not to invoke the provisions of Regulations 25 (7A). c. This Regulations allows Eskom Holdings SOC Limited to evaluate tenders received from tenderers who tender above the tender value range associated with their CIDB contractor grading designation provided that the margin with which the tender value range is exceeded is reasonable (this will generally be shown with reference to experience within the tendering entity or consortium within the applicable price range or where a parent company guarantee is given). UPP2.8 A site visit and / or clarification meeting has been arranged for tenderers as follows: Commence at : The venue is : 10h00 on 24 July 2012 Tshisa Taba 1 at Duvha Power Station
The meeting arrangements are: Maximum of two Representatives per company. Suppliers are requested to bring Personal Protective Equipment with, namely: Hardhats, safety shoes, dust mask, ear protection and safety glasses /goggles. Tenderers shall confirm their intention to attend by Fax or E-mail to; Name: Fax No: E-mail: Julia Lebepe/Peloame Tiro +27 86 719 9867 cedduvha@eskom.co.za
Stating the name, position and contact details of each proposed attendee. 2.9 The Employer will respond to requests for clarification received up to 5 working days before the deadline for tender submission. Alternative tender(s) may be based only on the following criteria and subject to acceptance by the Employer. (include only the relevant option and delete the options that are not applicable)
2.16
A different payment option.
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ESKOM HOLDINGS SOC LIMITED 2.18 2.20
The tender shall be for the whole of the contract. The tender shall be submitted as an Original Hard Copy plus two (2) Copies and one (1) Electronic Copy of the complete tender on CD with all documents in MS Word or Excel format (note : any documents submitted as PDF version must be submitted in MS Word or Excel format as well) The tenderer is required to submit the Original and Hard Copies of each of the Commercial, Financial and Technical documents in separate and sealed envelopes. Tender to be submitted according to this Invitation to Tender numbering sequence and headings. The electronic format must be indexed in accordance with the structure of the original copy for ease of reference.
3.5
2.24 3.6
Prices will not be read out. A three -envelope procedure is required, ie Commercial, Financial and Technical: The tender must be structured into the following three separate parts, each fully indexed, namely: Part 1 General Commercial Documents. This section will contain all of the Commercial related tender returnables as well as general information. Part 2 Technical Documents. This section will contain all of the technical related tender returnables. Part 3 Financial Documents. This section will contain all the financial related tender returnables.
2.7 2.26 2.25 2.26 The deadline for tender submission is at 10h00 on 24 August 2012 THE INVITATION TO TENDER NUMBER IS: PS(DRP)2012/JL/03 EACH ENVELOPE OF THE TENDER SHALL BE ADDRESSED TO THE EMPLOYER AS FOLLOWS: 3.3 ESKOM HOLDINGS SOC LIMITED, GROUP CAPITAL DIVISION TENDER NO: PS(DRP)2012/JL/03 COMMERCIAL & FINANCIAL
CONSTRUCTION OF CONTROL ROOMS, EQUIPMENT ROOMS, ELECTRICAL OPERATION DESK (EOD) AND SIMULATOR ROOM/S
ATTENTION: JULIA LEBEPE/PELOAME TIRO RETURN ADDRESS AND COMPANY STAMP AT THE BACK OF THE ENVELOPE THE PLACE FOR DELIVERY OF THE TENDER IS: TENDER BOX DUVHA POWER STATION SECURITY, OFF WITBANK-BETHAL ROAD WITBANK.
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MARKED: CONFIDENTIAL TENDER NO: PS(DRP)2012/JL/03 NO FASCIMILE WILL BE ACCEPTED; ONLY ORIGINAL TENDERS SUBMITTED ON TIME AT DUVHA POWER STATION, RECEPTION MAIN SECURITY GATE WILL BE ACCEPTED. 2.29 2.35 The tender offer validity period is 90 days The employer shall apply the following mechanisms in support of B-BBEE: 3.4 The contractor will be required to have a minimum B-BBEE Recognition of Level 3 on Tender submission and to maintain or improve this level for the duration of the contract. The tenders will be opened at 10H00 AM on 24 August 2012 at the following location: TENDER BOX AT DUVHA POWER STATION MAIN SECURITY GATE, OFF WITBANKBETHAL ROAD WITBANK 3.14 Eskom Holdings SOC Limited's Representative will determine the evaluated tender price by adjusting the total of the Prices (if any) as follows: Making the specified correction for arithmetical errors [3.12]. Excluding contingencies in any bill of quantities or activity schedule. Making an adjustment based on the application of the quantitative information entered by tenderers in the Contract Data provided by the Contractor to provisional amounts assessed by Eskom Holdings SOC Limited's Representative. A model tender assessment schedule suitable for use with Options A of the NEC3 Engineering and Construction Contract may be included in the tender returnables for this purpose. 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. The criteria for the evaluation of responsive tenders is: 3.11 3.12 30% Supplier Development and Localisation (10% for B-BBEE and 20% Localisation Compliance). 30% Financial and Commercial 40% Technical including SHE, Programme and Quality (A minimum weighted average score of 70% is required for tenders to be considered further) The tender evaluation process will be based on evaluating the overall value to Eskom rather than the tendered prices only. Eskom reserves the right not to award this tender to the highest ranked or highest scoring tender, as it needs to leverage align its procurement
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practices to driving Socio-economic development objectives that are enshrined in various government policies such as: BBBEE, Plan Industrial Policy Action and the New Growth Path. Preference will be given to responses who score high in these areas.
3.16
The tenderer is required to meet the following criteria to qualify for further evaluation: The must meet criteria are the critical high level requirements that will be initially evaluated before commencement on the detail evaluation phase. Non-compliance to any of the must meet criteria will result in immediate disqualification. Commercial Acceptance of NEC Engineering and Construction form of Contract (ECC) 3rd Edition. The tenderer must achieve a minimum Localisation Compliance threshold of 60% to qualify for further evaluation. In case of a JV, one partner shall submit a proof of Registered Business Address in Mpumalanga Province Financial All prices to be in South African Rand. The whole tender must be submitted in ZAR. If the rate of exchange and cost price adjustments are applicable, the Tenderer to complete appendices on CPA (IG) on tender returnable T2.1b-1 as attached. Clarification after Tendering Eskom Holdings SOC Limited reserves the right to clarification with (a) suitable tenderer(s) prior to contract award. Vendor (Supplier) evaluation Eskom Holdings SOC Limited reserves the right to do supplier evaluation/accreditation to determine suppliers ability to perform the required services prior to contract award. Supplier Application Tenderers that are not registered with Eskom Vendor Database within Eskom Holdings SOC Limited are required to complete the suppliers Application Form Prior to tender closing to arrange for evaluation and registration. Contracting with South African Suppliers, including Local Agents The contract price to be denominated in South African Rand only. Should the supplier
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have to deal with foreign currency components in arriving at the contract price, then these must also be converted to South African Rand. All contract price adjustment (CPA) formulae should be based on local indices.
Right to negotiate: Eskom Holdings SOC Limited reserves the right to conduct a further procurement process with or without a request for tender or to enter into negotiations with any one or more of the tenderers.
Once Eskom Holdings SOC Limited has evaluated tenderers proposal. Eskom Holdings SOC Limited reserves the right, with the permission of the Eskom Holdings SOC Limited Board or the relevant delegated authority, to enter into negotiations with one or more of the preferred tenderers (as determined by Eskom Holdings SOC Limited following evaluation of the tender proposal) for the whole or part of the Works.
3.22
The number of paper copies of the signed contract to be provided by the Employer is two (2). Additional Conditions of Tendering
Local Community Empowerment Commitment
The Employer has made a number of empowerment commitments to the local communities surrounding Emalahleni. Amongst these are commitments to be considered for local empowerment possibilities in its procurement strategy and reserve certain contracts for local entities. In doing this, the employer is seeking to ensure that the local communities benefit from the Employers procurement spend, through wealth generation and capacity development, and that benefit is spread as widely as possible throughout the community. In fulfilling its local community empowerment commitments, the Employer reserves the right to decide not to award the tender to any tenderer to that has already directly or indirectly benefited from a contract awarded in respect of the identified site either as a main or as a subcontractor.
Condition of tendering
We deemed that a submission of a tender in response to this invitation constitutes acceptance of the Standard Conditions of Tender dated April 2012 and the additional terms contained in the Tender Data. NEC Engineering and Construction Contract (ECC) 3rd Edition will apply. A statement is required of acceptance of the conditions of the NEC Engineering and Construction Contract Conditions (if any queries can be resolved regarding the NEC Engineering and Construction Conditions before closing time of the tender it will be appreciated) which must include the acceptance of the following:
Contract Conditions
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Changes, Deletions or Amendments to the documentation
Main Option and Secondary Options Insurance Clauses Liability Clauses Z Clauses
No changes, deletion or amendments are allowed to the Invitation to Tender, Tender Conditions, NEC document or addendums. Separate submission/ deviation sheet to be submitted where required.
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T2.1 List of Returnable Documents

Contents: T2.1a List of Commercial Returnable Documents T2.1b List of Financial Returnable Documents T2.1c List of Technical Returnable Documents T2.1d List of Quality Returnable Documents T2.1e List of SHE Returnable Documents T2.1f List of Programme Returnable Documents T2.1g Bonds and Guarantees No of pages 13-14 15 15-16 17 17-20 20 20
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T2.1a - List of Commercial Returnable Documents

The tenderer must complete and return the following returnable documents: 1. Document to be returned prior to submitting a tender Acknowledgement Form forming part of T1.1 Invitation to Tender (to be returned within 5 working days of receipt of tender documents) T1.1 2.1a List of Commercial Documents to be submitted with the tender Declaration of Authority Completed Declaration of Fair Tendering Practices Probity on Close Family Members and Beneficiaries Confirmation of Receipt of Addenda to Tender Documents Contract Conditions Qualification Schedule Confirmation of Vendor Registration with Eskom Localisation Compliance Matrix SARS Tax Clearance certificate (IRP20) (applicable if the tenderer is a South African tax payer) Certified Copy of the VAT registration certificate (VAT 103) if the tenderer qualifies as a VAT vendor. Tenderers should note that the Employer will only pay VAT against presentation of a valid tax invoice and to the extent that VAT is payable in connection with the required scope (South African tenderers only) Proof of CIDB (Construction Industry Development Board) Registration 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) The tenderer must submit a detailed labour resource plan for the execution of the scope for the project. The tenderer shall recruit both semi-skilled and unskilled labourers from the Local to site communities Valid B-BBEE (Broad-Based Black Economic Empowerment) certificate by an accredited Verification Agency (South African tenderers only) List of company/cc directors/members JV Agreement (in case of a Joint Venture) Proof of Registered Business address within Mpumalanga Province indicating that the company has been operating from this premises in the past two years. T2.1a-1 T2.1a-2 T2.1a-3 T2.1a-4 T2.1a-5 T2.1a-6 T2.1a-7
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Audited Financial Statements of the tenderer for the previous three (3) financial years 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. Startup 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
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T2.1b - List of Financial Returnable Documents

The tenderer must complete and return the following returnable documents: List of Financial documents to be submitted with the tender: CPA requirements for Local (South African) Goods/Services Pricing Schedule T2.1b-1 T2.1b-3
T2.1c - List of Technical Returnable Documents

List of Technical Tender Returnable Documents to be submitted with the tender All Manufacturers Warranties and Guarantees on all Equipment shall be transferred to Eskom and the distributors or agents to provide a copy of the contract agreement made with the Original Equipment Manufacturer (OEM) for the distribution of their equipment.
List of key personnel who will be appointed full time for the Works and their CVs and Qualifications/ Professional Registration in the following areas: Site Agent / Supervisor to be qualified in Civil/Building Science.
Reference list of installations with similar Works Equipment manufactured to or tested to standards/ specifications other than those specified in this document, then the following shall apply: Comprehensive comparison between specified standard/ specification and the product offered standard / specification shall be provided Copies of all standards /specification used, other than those specified, shall be provided (in English) All relevant technical manuals and specifications associated with the Works shall be compliant to the requirements of OHS Act 85 of 1993 latest edition. If not, a written instruction manual shall be produced to guide the usage of such equipment and its related hazards.
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Technical Qualifications and Deviation Schedule. All Equipment and Items that the Contractor proposes as Deviation from the specified in the Technical Specifications, Works Information and Drawings shall be supplied with written technical manuals/specifications. All Deviating items/ equipment shall be of Equivalent of Higher quality standards.
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T2.1d - List of Quality Returnable Documents

The tenderer must complete and return the following documents in accordance with the terms and conditions of the contract: Signed enquiry/contract/order quality requirements forms Annexure A and B CV/Resume of the Contractors quality management representative The Contractor shall submit a copy or confirmation of compliance to ISO 9001: 2008 A copy of the latest structure/organogram of the quality function/ department, including an abridged indication of qualifications of personnel. This structure shall indicate to whom the organizations quality management representative reports for specific project. Historical Information Information on similar work performed (at most within the last two years) A completed copy of an Defect/NCR report Sample of corrective and preventive action reports Submit customer satisfaction survey
T2.1e - List of SHE Returnable Documents

The tenderer must complete and return the following documents in accordance with the terms and conditions of the contract and provide proof all questions. The signed copy of the acknowledgement form for Eskom rules and T2.1e-1 requirements Detailed costing for SHE (not the consolidated amount) Costing to be done on the pricing schedule provided The applicable contract/scope-of-work-specific SHE requirements that will be implemented and managed by the Tenderer SHE MANAGEMENT SYSTEM Does the supplier have a documented SHE management system? Copy of the Company's SHEQ Policy Proposed organogram illustrating the structure of the legal appointments (this has to be converted from generic to scope-of-workspecific on contract award).
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Incident management process (details of the notifications of occurrence within 24 hours; investigation within seven (7) days and close-out of preventive action (30 days)). Corrective and preventive action management process. SHE COMMUNICATION AND INTERFACE How will the Company communicate with and interface between the client, subcontractors and all responsible stakeholders during the execution of the contract? OCCUPATIONAL HEALTH AND WELLNESS Valid Letter of Good Standingregistration with the Compensation Commissioner (COID) or a licensed mutual company or an equivalent thereof (for international bidders. Process for the completion of the man-job specifications (risk-based) for each employee (including temporary / casual and labour broker persons) that is specific the: individuals, positions that they occupy, work environment and tasks that they perform. (This has to be converted from generic to scope-of-work-specific on contract award.) Pre-medical, periodic medical and exit medical examinations (medical surveillance) conducted in relation to the individual's man-job specifications and the health risk assessment for each employee (including temporary / casual and labour broker persons). Is there a process for ensuring that health risk assessments are performed? Certificates of medical fitness for each employee (including temporary / casual and labour broker persons). Certificates of psychological fitness for each employee (including temporary / casual and labour broker persons) performing work-atheight activities. APPOINTMENTS AND COMPETENCIES Applicable legal letters of appointment The number of supervisors and their current level of SHE competence (training, knowledge and experience), in relation to the work to be performed. The number of SHE functionaries, their current level of SHE competence (training, knowledge and experience) and registration with a professional body. Details (competence) of the person/s identification and risk assessment. Details of the SHE Training Matrix. ENVIRONMENTAL MANAGEMENT Does the Company address environmental management? Does the Company have a dedicated/appointed environmental conducting the hazard
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ESKOM HOLDINGS SOC LIMITED officer/practitioner (submit Organogram)?
Does the Company have documented proof that staff members have received environmental training? Have roles and responsibilities been assigned to staff members in writing MANAGEMENT OF SUBCONTRACTORS AND SUPPLIERS (ALL TIERS) The process followed and selection criteria applied when appointing subcontractors and suppliers. The process for ensuring how subcontractors and suppliers will be provided with the applicable legal and Eskom requirements (this is applicable to the main supplier during contract execution) as well as ensuring that they possess adequate resources and competencies. The process for ensuring how the main supplier shall monitor the SHE compliance of subcontractors and suppliers during the execution of work. How will non-conformance by subcontractors and suppliers be managed? What are the grounds for the termination of work done by subcontractors and supplier regarding any SHE non-compliance identified by the main supplier and/or Eskom? 3 YEARS COMPANYS SHE PERFORMANCE OHS performance records for the past three (3) years (fatalities and lost-time injuries) Record of DOL/DMR reportable incidents Environmental performance: contraventions of legislation Any SHE achievements. The time period required for the conversion of the generic documents to scope-of-work specific documents in the event of a successful contract award Indicate the time period required so as to convert the identified generic documentation to scope-of-work-specific documentation in relation to the contract for which you are tendering (in the event of a success full contract award). Bear in mind the time frames provided by Eskom for this process to be completed, as no work may commence without completing this exercise and obtaining a sign-off from the relevant Eskom SHE Department (the Eskom representative, as indicated in the contract, will provide the details of the contact persons from the Eskom SHE Department with whom you will be required to liaise).
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Reference check: (previous work of a similar nature performed) Provide copies of testimonials/references and the contact detail of clients (including Eskom) for whom the Company has done previous work of a similar nature Eskom reserves the right to verify this.
T2.1f - List of Programme Returnables

The tenderer must complete and return the following documents in accordance with the terms and conditions of the contract: Fully resourced level 3 programme in MS Projects format, showing activities of all the project work to be done by the contractor, and the other work covered by the contract that is being done by the subcontractors. Schedule Basis document that describes the programme and planning methodology, format, project execution philosophy, resource assumptions, qualifications and any other items that may have a substantive impact on the schedule.
T2.1g List of Bonds and Guarantees

The tenderer must complete and return the following documents in accordance with the terms and conditions of the contract: Details of a minimum of 2 (two) entities or financial institutions which the tenderer intends to approach to issue the Bond / Guarantee. Performance Bond T2.1g-1
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Declaration of Authority
Tender Schedule T2.1a-1
Please indicate the legal incorporation status of your business entity by ticking the appropriate box hereunder. The signatory hereto must furthermore indicate his/her authority to respond to this tender and all enquiries associated therewith in behalf of the tenderer. Alternatively, certified copies of the relevant incorporation documentation confirming the information required in this schedule may be submitted as a tender returnable. PARTNERSHIP COMPANY JOINT VENTURE CLOSE CORPORATION OTHER (specify)
A. Partnerships, Companies, Close Corporations or Others 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). Signed B. Joint Ventures Position / Capacity
We, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms _______________________________________, 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 Participant Lead partner Full Name and Capacity of Authorised Signatory Signature
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Declaration of Fair Tendering Tender Schedule T2.1a 2 Practices
(TO BE PLACED ON THE Tenderers LETTERHEAD) TO: ESKOM HOLDINGS SOC LIMITED (ESKOM)
Construction of Control rooms, Equipment rooms, Electrical Operation Desk (EOD) and Simulator Room/s
"We acknowledge that competitiveness is a requirement of the Eskom procurement process and that collusive tendering is prohibited by law. We confirm that we have not engaged in price fixing with any other tenderer or person, or in any way colluded with any other tenderer or person in connection with this Invitation to Tender PS(DRP)2012/JL/03 Signed Name Tenderer Date Position
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Probity On Close Family Members or Beneficiaries
Tender Schedule T2.1a-3
Please indicate, by completing the table set out below, the names of all persons, (natural or juristic), who are Beneficiaries of the tenderer. For the purposes of this Declaration, a Beneficiary is a natural or juristic person that has a legal or monetary interest in the tenderer by way of ownership, directorship, trusteeship and/ or the like. To the extent that the tenderer is a public company, only the names of the top 5 majority shareholders are required with respect to the disclosure of ownership. Full legal name of natural or juristic person Identity or Registration Number Capacity of Beneficiary (i.e. shareholder, member, partner, trustee, director, or the like) Quantification of Interest (i.e. percentage shareholding or ownership, profit share, etc) **Relationship with Eskom employee or Eskom director (Yes/No)
** Please indicate in the table above if any natural person named above is a Close Family Member of a director of Eskom Holdings SOC Limited or a subsidiary thereof, or of any employee of Eskom Holdings SOC Limited involved in the procurement and approval process associated with this tender. **Please indicate in the table above if any juristic person named above has as a Beneficiary a director of Eskom Holdings SOC Limited or a subsidiary thereof, or an employee of Eskom Holdings SOC Limited involved in the procurement and approval process associated with this tender, or whether any Beneficiary of a juristic person named above is a Close Family Member of a director of Eskom Holdings SOC
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Limited or a subsidiary thereof, or an employee of Eskom Holdings SOC Limited involved in the procurement and approval process associated with this tender. NB: For the purposes of this Declaration, a Close Family Member is deemed to be a person related by birth, marriage, domestic partnership, adoption or guardianship. If you have indicated Yes to any of the above then please specify the name of the said Eskom employee / Eskom director, and the nature of the relationship between the said Eskom employee / Eskom director and the person (natural or juristic) indicated in the table above. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
Eskom reserves the right to act against the tenderer or the signatory hereto should this declaration prove to be false.
Signed Name Tenderer
Date Position
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Confirmation of Receipt of Addenda to Tender Documents
T2.1a-4
We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer: Date Received 1. Title or Details
2.
3.
4.
(Attach additional pages if more space is required) Signed Name Date Position
tenderer
25
Contract Conditions Qualification Schedule
T2.1a-5
(Note to tenderer: Prepare a separate document attached to this schedule if the proposed changes are extensive. No other deviations will be considered other than this schedule) Contract Clause No. Subject of the proposed change Proposed change Rationale for the proposed change
Date Position
26
Confirmation of Vendor Registration with Eskom Are you currently registered as a vendor with Eskom? (indicate with a tick) Yes
T2.1a-6
No
If you are currently registered as a vendor with Eskom, please provide your Vendor Registration Number with Eskom ____________________________
If you are not currently a registered vendor with Eskom, you are required to complete a Supplier Application Form in order to register as a vendor with Eskom. A Supplier Application Form may be downloaded electronically from the Eskom internet: http://www.eskom.co.za/live/content.php?Category_ID=214 Alternatively, a Supplier Application Form can be obtained from: [] (Insert the name of the relevant person within Eskoms Supplier Management Department, from whom the latest revision of the SAF can be requested)
Date Position
27
Localisation Compliance Matrix (SD&L and CSDP)
Tender Schedule T2.1a -9
1 1.1
Supplier Development & Localisation Eskom, as a State Owned Entity is a participant in the Governments SD&L initiative. The initiative has identified Government spending on infrastructure such as power station construction - as a key area for SD&L intervention and Eskom is accordingly required to set local content, black economic empowerment (LBS, BWO and SBE) and skills development targets as key evaluation criteria in the tenders that it awards.
1.2
Eskom has long had a policy in place regarding procurement from black individuals and companies owned and controlled by black individuals. In accordance with the publication of The Codes of Good Practice on Black Economic Empowerment issued under section 9(1) of the Broad-Based Black Economic Empowerment Act, 53 of 2003 (the Codes) Eskom has revised its black economic empowerment programme and Eskoms directive entitled Implementation of Eskoms Black Economic Empowerment Strategy (the Directive), has superseded ESKADAAT 6 (Procurement by Eskom from Black Suppliers). The Directive must be read and interpreted together with the Eskom standard entitled Broad-Based Black Economic Codes of Good Practice within Eskom (the Standard).
1.2.1
For this Invitation to tender, all tenderers must demonstrate at least a 60% (sixty percent) overall Localisation Compliance score for their tender to be evaluated further. A scorecard approach to measuring the SD&L / B-BBEE compliance of tenderers is followed and a weighting is given to each aspect of SD&L / B-BBEE criteria. For the purposes of tendering the tenderer must demonstrate the manner in which the SD&L / Industrialisation (Stretched) requirements will be met in due course. If a contract is awarded, the tendered SD&L / Industrialisation (Stretched) commitments become contractual obligations.
28
ESKOM HOLDINGS SOC LIMITED 2. Localisation (SD&L) Scorecard
2.1 A scorecard approach is used for measurement of Localisation commitments. 2.2 The Localisation scorecard (see below) identifies five areas for participation. These are procurement from BWOs, SBEs, local content of the Tender as a whole; Skills Development commitments of the Tenderer and Local to Site support and job creation. A weighting, as part of the measurement, is set for each. 2.3 The Localisation compliance scorecard for this Invitation to Tender should be completed: (See the attached Localisation Compliance Matrix). Notes: SD &L Proposed Proposal to be based on capacity and capability that already exist locally that should be utilised by tenderers and skills that can be developed as well as jobs to be created by the project. CSDP (Industrialisation) Proposed Proposal to be based on new and/or existing capacity and capability to be developed / established. Local to Site Definition All areas around Duvha Power Station that are about 60km radius /or Nkangala District / Mpumalanga Province. Localisation compliance and B-BBEE compliance (SD&L) will form part of the overall evaluation process for all Eskoms formal tenders. SD&L will be allocated 30% of the total tender evaluation points. A scorecard approach will be used with the following weightings for each of the SD&L criteria; The Localisation scorecard for this Invitation to Tender is as follows:
Table 1 : Localisation Matrix.

LOCALISATION COMPLIANCE SCHEDULE FOR SUPPLIERS AND CONTRACTORS
Criteria BWO SBE Local to site Local Content Skills Development SD & L TOTAL
Weight 30% 10% 10% 25% 25% 100%
Target 13 % of Local Content 12 % of Local Content 25 % of Local Content 100% of the Contract value See Below
29
Note:
The tenderer must achieve a minimum SD & L Compliance threshold of 60% to qualify for further evaluation. The supplier is required: To recruit Electrical students who completed N3/4 and provide them with practical training until they obtain trade test. All students for skills development should be recruited from Nkangala District / Mpumalanga Province. The supplier should source both semi-skilled and nonskilled labour from local to site communities. Table 2 : Skills Development
Weight Skills: Joinery & Painting Plastering & Tilling Electrical Artisans 30 30 40 100.00%
Target Proposed
Weighted Score
Score (Adjusted by C21)
10
6
4
20 100.0% 25.00%
Explanation of the Evaluation Criteria LBS Large Black Suppliers Large Black Suppliers is defined as follows: A large measured entity (being an entity with turnover in excess of R35 million (LME)), and with a B-BBEE Status of 1-4 . The target is a percentage of the local content portion of the Tender only. BWO This refers to procurement from Black Woman Owned Enterprises is defined as follows: An Exempted Micro-Enterprise or a Qualifying Small Enterprise that is 50% or more owned and effectively managed by Black women, but for purposes of this Invitation to Tender, procurement from Large Black Women Owned Enterprises shall be taken into account when evaluating procurement from BWO. Large Black Women Owned Enterprises is defined as follows: A LME that is 50% or more owned and effectively managed by Black women.
30
The target is a percentage of the local content portion of the Tender only. SBE This refers to procurement from Small Black Enterprises as defined in the Directive as follows: An Exempted Micro-Enterprise or a Qualifying Small Enterprise that are 50% or more owned and effectively managed by Black persons (previously categorised as SME). The turnover limit for SBE is raised to R100million in the case of contracts involving construction (such as this Invitation to Tender) and refurbishment. The target is a percentage of the local content portion of the Tender only. Although in terms of the definitions an SBE could also be a BWO (and similarly an SME could also be a LBS), points cannot be given for both, and Tenderers must choose which they wish to claim the points in respect of. Local to Site Local to Site is the area surrounding the project Site, as defined above. Eskom is committed to support local to site businesses and let the businesses benefit from Eskoms spend on the project. Local to Site is a percentage of Local Content portion of the tender. Local Content This is the percentage of the total Tender that represents value added in South Africa by South African resources. Local content is total spend minus the imported component. Tenderers and suppliers must maintain records to certify imported content e.g. bill of materials, expenditure records, income statements, which requirements will be included in the contract. Skills Development This is the requirement that Tenderers commit to train certain individuals in specified trades. The requirement is that the targeted numbers of individuals are provided with sufficient on the job and other skills training in the specified trade or discipline to: achieve the outcome of passing a trade test and qualifying as an artisan, or the equivalent for any of the required skills and accordingly to be certified to that level; or (as applicable) generally be regarded, when there is no industry standard test or certification for the
31
trade or discipline in question, as being employable in that trade or discipline.
CPA Requirements for Local (South African) Goods/Services
T2.1b-1
ANNEXURE TO PRICE SCHEDULE OR, WHERE APPLICABLE, FORM C.P.A. (I.G.) CONTRACT PRICE ADJUSTMENT METHOD FOR USE ON CONTRACTS/ORDERS FOR THE SUPPLY AND DELIVERY AND, WHERE APPLICABLE, INSTALLATION AND COMMISSIONING OF PLANT AND EQUIPMENT EITHER FULLY OR PARTLY MANUFACTURED OR SUPPLIED FROM LOCALLY HELD IMPORTED STOCKS IN REPUBLIC OF SOUTH AFRICA.
NOTES TO TENDERERS 1. Failure to propose cost price adjustment methods, either by completing this document or proposing alternative methods for any portion or whole of the tender price will lead to that portion or whole of the tender price being considered fixed. The Tender/Contract price shall remain fixed where the period between the closing date of tenders and the contractual completion date is less than one year. When the percentage increase or decrease between two index figures/prices is calculated, the index/price at the earlier date shall be taken as the base index/price. Where portions of the works are delivered at different times, contract price adjustments shall be made in respect of applicable portions of the contract price. Where any figure given in a publication is therein stated to be a provisional figure or is subsequently amended, the figure as ultimately confirmed or amended in the publication concerned shall apply. Where the appropriate claim indices/prices as defined in terms of the agreed formulae are not available or are provisional, interim claims based on the last published indices/prices as at the date of delivery/installation may be submitted. When the revised claim index/price becomes available, the final claim may be submitted, provided such claim is received within 180 days of the date of delivery/installation. All claims for transport escalation must be accompanied by evidence of the method of transport employed (rail or road).
2. 3.
4. 5.
6.
7.
8. Where the Employer considers it necessary the Employer reserves the right to call for any documentary evidence to substantiate claims.
32
* Submit separate schedule if space insufficient or costs are to be quoted per item of the main price schedule/s. Where these costs are listed on the main price schedule/s reference should merely be made to the appropriate price schedule. A. COST PRICE ADJUSTMENT FOR LOCAL MANUFACTURED/SUPPLY EX IMPORTED STOCK MATERIAL A1. 1.1 COST OF MANUFACTURE Fixed Portion Eskom requires a fixed portion (free of price adjustment) as stated in the NEC 3rd Edition documents under the secondary clauses. 15% Fixed portion 1.2 Cost of Labour __________ % of the F.O.R. works price shall be adjusted on the basis of the percentage increase or decrease between the SEIFSA Index of Actual Labour Cost (all hourly paid employees) Table C3 or any other appropriate index, for the month prior to that during which the enquiry closed and the index for the month one month prior to each delivery ex works. INDEX:_________________________________________________ 1.3 Cost of Constituent Materials Please complete this section in accordance to relevance of the commodity. Space has been made available for insertion by the tenderer of other recognised indices the tenderer considers relevant. The source of indices or prices nominated shall be from a recognised publishing authority such as SEIFSA or Statistics SA. Supplier prices or supplier in-house indices are not acceptable. The percentage variation in the price/index of the following constituent materials between that ruling for the month prior to the month in which the enquiry closed and that price/index for the month prior to each delivery ex works shall be applied to the percentage of the F.O.R. works for the relevant constituent material stated hereunder. If in the schedule below the Employer stipulates a time period other than 1 month, the stipulated period will be used to determine the price/index.
33
The Employer will stipulate the deviation from the month period mentioned above for items with long lead times. % of F.O.R. WORKS PRICE PERIOD IN MONTHS INDEX AND SOURCE (Examples given below) SEIFSA TABLE D-1: STATISTICS SA Consumer Price Indices All Income Groups SEIFSA TABLE G : STATISTICS SA Production Price Index, Electrical Engineering Materials SEIFSA TABLE F : METAL PRICES Copper: RCP, Metric Ton
THE SUM OF THE PERCENTAGES OF 1.1, 1.2 AND 1.3 ABOVE MUST ADD UP TO 100% A2. COST OF TRANSPORT Rail / Road (delete where applicable) 2.1 Eskom expects a fixed portion (free of price adjustment) appropriate to the nature of the contract. 15% Fixed portion. 2.2 _____ % of the transport cost within RSA shall be adjusted on the basis of the percentage increase or decrease between either the appropriate Rail Reference or SEIFSA Index of Road Freight Costs (SEIFSA Table L2) whichever is applicable, for the month prior to the month in which the enquiry closed and the tariff/index for the month prior to the month in which delivery takes place. Index used:_________________________________ A3. COST OF INSTALLATION / ERECTION: 3.1 Eskom expects a fixed portion (free of price adjustment) appropriate to the nature of the work. 15% Fixed portion. 3.2 _______ % of the price for installation/erection work shall be adjusted on the basis of the percentage increase or decrease between the SEIFSA Index of Actual Labour Cost Field Force - Table C3 (a) (all hourly paid employees) or another appropriate index and for the month prior to the month in which the tender enquiry is closed and the index for the month prior to the month in which the installation/erection work is carried out. Index used: ________________________________
34
ESKOM HOLDINGS SOC LIMITED A4. A5. A6.
TOTAL FOR WORKS COST (Amount in words) - ............................. ................................................................ COST OF TRANSPORTATION (Amount in words) - ............ ....... COST OF INSTALLATION / ERECTION AND ENGINEERING (Where applicable - Amount in words)
B. CONTRACT PRICE ADJUSTMENT FOR WORKS RELATED CONTRACTS (To be used with the secondary option on CPA in the Engineering and Construction Contract (ECC) NOTES TO TENDERERS: 1. Eskom requires a fixed portion (free of price adjustment). 2. The Contract Price Adjustment base date should be the month before tender closure. 3. The various proportions must add up to 1. 4. Indices or other appropriate references must be clearly and completely defined. 5. Where more than one formula is applicable, please add: --------------------------------------------------------------------------------------------------------The proportions used to calculate the Price Adjustment Factor are: Proportion 0. 0. 0. 0. 0.15 Total : 1 Linked to the index for Prepared by
Fixed portion
The base date for indices is: a month prior to tender closing date
Date Position
35
CPA (IG) Requirements for Imported Goods (ANNEXURE TO PRICE SCHEDULE)
T2.1b-2
CONTRACT PRICE ADJUSTMENT AND FOREX PAYMENTS IMPORTATION Failure to propose contract price adjustment methods, either by completing this document or proposing alternative methods for any portion of the tender price, will lead to that portion of the tender price being considered fixed. The tender/contract price shall remain fixed where the period between the closing date and the contractual completion date is less than six months. Where space in this document is insufficient, the tenderer shall submit the required information on separate schedules, duly referenced to this document. Where foreign exchange is involved, and Eskom will cover the risk forward, the methods of payment listed in Part 1 are the only acceptable methods. It must be noted that Eskom considers Payment Method 1 to be the default payment method. PART 1: PAYMENT OF FOREIGN COMMITMENTS Payment of Eskoms foreign commitment in foreign currency will be made either: Payment Method 1: a) To a nominated bank account in a foreign country in a foreign currency (payment will be made to the party and account nominated by the supplier in the contract, and not to any other party); Applicable (Y/N)______
36
b) To a valid SARB approved CFC account in South Africa, in a foreign currency (payment will be made to the party and account nominated by the supplier in the contract, and not to any other party). Service related payments are excluded from this option; Applicable (Y/N)_____
An indemnity in writing confirming that the supplier will not buy forward cover is required where Payment Method 1 is contracted. Eskom will require substantiating proof of importation at the time of invoicing, regardless of which payment method is selected. Where goods were previously imported into stock by the supplier, for delivery to various customers, including Eskom, the price quoted must be in South African Rand. In such cases Eskom will not undertake any foreign exchange commitment or arrange forward cover. Provided that the tenderer nominates Payment Method 1 as the main tender offer, an alternative payment method offering a fixed price not subject to exchange variation may be offered for Eskom's consideration.
PART 2: EXCHANGE RATES The tenderer shall use the exchange rate as at the time of preparation of the tender and shall stipulate the date of the rate used in the tender. PART 3: ADJUSTMENT OF IMPORTATION COSTS, ETC The values in Rand included in the tender/contract price for the following costs shall be based on rates ruling for the month prior to the closing date of the tender and any variation in these rates applied to the value included in the tender price will be for Eskoms account.
37
RATES/TARIFFS Sea/Air Freight Bunker Adjustment Factor Currency Adjustment Factor Marine Risk Insurance (MRI) (Eskom will provide cover) Rate for Extension of MRI after Arrival of Goods at Site (if required) Wharfage Landing Charges Customs Duties RSA Port on which Import Charges are Based /month
PART 4: ADJUSTMENT
OF
OVERSEAS
MANUFACTURE,
EXPATRIATE
LABOUR AND OTHER COSTS Eskom requires a fixed portion (free of price adjustment) appropriate to the nature of the contract. The methods/formulae proposed in this part shall clearly identify the base month, the period over which adjustment will apply the elements of labour and materials and source of the indices/rates/prices to be used. The source of indices/prices/rates nominated in this part shall be from a recognised publishing authority. It must be clearly and completely defined. Supplier in-house indices are not acceptable. The value of overseas manufacture, labour and material costs (ex-works), inland transportation, expatriate labour, etc. included in the tender/contract price shall be subject to adjustment in accordance with the methods stated hereunder. The base indices/prices/rates shall be those ruling for the month prior to the month of the closing of the enquiry. 4.1 MANUFACTURING CPA METHOD (LABOUR AND MATERIAL) Please submit your proposals for this section on a separate sheet of paper as per the pricing schedule sheet (5.1.4.2 CPA Formula).
38
4.2
EXPATRIATE LABOUR METHOD Please submit your proposals for this section on a separate sheet of paper as an Annexure.
4.3
OTHER VALUES METHOD (e.g. Engineering fees, design fees, barging, inland transportation, etc.) Please submit your proposals for this section on a separate sheet of paper as an Annexure.
PART 5: ADJUSTMENT OF LOCAL MANUFACTURE/SUPPLY MATERIAL, TRANSPORT AND ERECTION COSTS. The contract price adjustment method for local manufacture or partly local manufacture from imported stock, equipment or plant cost, transport cost within the RSA and local erection/installation cost shall be in accordance with the attached pricing schedule sheet (5.1.4.2 CPA Formula).
PART 6: GUIDELINES FOR CONTRACT PRICE ADJUSTMENT CLAIMS - PART 2, 3 AND 4 1 When the percentage increase or decrease between two indices/prices/tariffs is calculated, the earlier figure shall be taken as the base. 2 Where portions of the works are delivered at different times, contract price adjustments shall be made in respect of appropriate portions of the contract price. 3 Where the terms of payment of the contract allow progress payments, other than Eskoms standard payment terms, the agreed contract price adjustment method shall be applied to the value of such payment and to the date and level of completion to which payment is linked. 4 Where any figure given in a table is therein stated to be a provisional figure or is subsequently amended, the figure as ultimately confirmed or amended in the publication concerned shall apply. 5 Where the appropriate claim indices/prices as defined in terms of the agreed formulae, are not available or are provisional, interim claims based on the last published confirmed or revised indices/prices as at the date of
39
INVITATION TO TENDER NO: PS (DRP) 2012/JL/03 When the confirmed or revised
delivery/installation may be submitted.
index/price becomes available the final claim may be submitted, provided that such claim is received within 180 days of the date of delivery/installation. 6 Where the contractor requested by Eskom shall submit publications showing base indices/prices/rates as they become available as well as updated values at six monthly intervals during the course of the contract. 7 Where it is considered necessary Eskom reserves the right to call for any documentary evidence to substantiate claims.
Closing date of tender
__________/__________/__________
TENDERERS SIGNATURE _______________________________
40
Pricing Schedules
T2.1b - 3
Tenderers to complete and return the following document under Pricing Schedule: Price Schedule Duvha Refurbishment Project Construction of Control
rooms, Equipment rooms, Electrical Operation Desk (EOD) and Simulator Room/s
41
Schedule of Proposed Subcontractors / Subconsultants
Tender Schedule T2.1c-1
If the tenderer intends making use of the services of sub-contractors/sub-consultants, a list of the proposed subcontractors/sub-consultants must be provided. The tenderer must also indicate the sub-contractors vendor registration number with Eskom (where applicable) as well as the sub-contractors / sub-consultants Level of Contribution to B-BBEE, where such information is available to the tenderer. Name and address of proposed Subcontractor/Subconsultant Nature and extent of work Vendor Registration Number with Eskom Level of Contribution to B-BBEE
Date Position
42
SHE Acknowledgement form for Eskom Rules and Requirements
T2.1e-1
DOC Number Group Capital Division Acknowledgement form for Eskom Rules and Requirements Revision Page Number Effective Date
CMD/DUV/SAFE01 9 0 43 of 2 2011.09.01
ACKNOWLEDGEMENT FORM FOR ESKOM RULES AND REQUIREMENTS
1. The following documents contain requirements with which every person / supplier's staff members are expected to comply when working at/rendering a service to Eskom: a. Eskom Safety, Health, Environmental and Quality Policy: 32-727 b. Eskom Cardinal Rules, Directive: 32-421 c. Eskom Procedure on Smoking: 32-36 d. Eskom Incident Management Procedure 32-95 2. Work stoppages that are initiated due to SHE related matters shall not warrant any financial compensation claim lodged against Eskom. 3. Penalties shall be enforced on the main supplier for non-conformance/s (identified for the main supplier and/or its sub-contractor and/or supplier) pertaining to Eskom and/or Statutory SHE requirement/s. 4.Ensure that all employees (incl. subcontractors/suppliers) undergo the relevant Eskom induction 5. Management of Subcontractors and Suppliers a) The main supplier has to demonstrate to Eskom the process and selection criteria applied when appointing subcontractors and suppliers. b) The main supplier has to provide notification to Eskom, prior to the appointment of subcontractors and suppliers for the commencement of work.
43
c) The main supplier has to ensure that subcontractors and suppliers possess adequate resources and competencies. d) The main supplier is accountable for the management of its subcontractors and suppliers in order to ensure that the applicable legal and Eskom requirements (that are applicable to the main supplier during contract execution) are adhere to by the subcontractors and the suppliers. e) The main supplier shall monitor subcontractors and suppliers through audits and assessments with regard to SHE compliance during the execution of work. f) The grounds for the termination of work done by subcontractors and suppliers shall be provided by the main supplier. g) All non-conformances/non-compliance by the subcontractors/suppliers (all tiers) to the main supplier shall be dealt with directly with the main supplier in terms of performance and penalty processes.
.......................................................................................................................................... Note: any other applicable Divisional and/or BU-specific requirements should be referenced here. I, the undersigned, hereby acknowledge that I have obtained copies of the above documents and confirm that I fully understand them and the consequences of non-compliance. Signed at on this .. day of 20... ------------------------------------------------ -------------------------------------------------Signature of Contractor Manager Signature of Contractor Supervisor ------------------------------------------------ -----------------------------------------------Name of Contractor Date Witness 1 . Witness 2 .
44
T2.1g BONDS AND GUARANTEES
T2.1g-1 Performance Bond
Pro forma Performance Bond Demand Guarantee (to be reproduced exactly as shown below on the letterhead of the Contractors Parent Company) Eskom Holdings SOC Limited Megawatt Park Maxwell Drive Sandton Johannesburg Dear Sirs Reference No. [] [Drafting Note: Bank reference number to be inserted] Performance Bond Demand Guarantee: [Drafting Note: Name of Contractor to be inserted] Project [ ] Contract Reference: [Drafting Note: Contractor contract reference number to be inserted] 1. In this Guarantee the following words and expressions shall have the following meanings:1.1 1.2 1.3 Bank - means [], [] Branch, (Registration No. []); [Drafting Note: Name of Bank to be inserted] Banks Address - means []; [Drafting Note: Banks physical address to be inserted] Contract means the written agreement relating to the Project, entered into between Eskom and the Contractor, on or about the [] day of [] 200[] (Contract Reference No. [.]as amended, varied, restated, novated or substituted from time to time; [Drafting Note: Signature Date and Contract reference number to be inserted] Contractor means [] a company registered in accordance with the laws of [] under Registration Number []. [Drafting Note: Name and details of Contractor to be inserted]
Date:
1.4
45
ESKOM HOLDINGS SOC LIMITED 1.5
Eskom - means Eskom Holdings SOC Limited, a company registered in accordance with the laws of the Republic of South Africa under Registration Number 2002/015527/06]. Expiry Date - means the date on which the Defects Certificate is issued in terms of the Contract. Guaranteed Sum - means the sum of R [] ([] Rand); Project - means [insert if applicable.]. At the instance of the Contractor, we the undersigned ______________ and ______________, in our respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of Eskom, as security for the proper performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby undertake to pay to Eskom, on written demand from Eskom received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum. A demand for payment under this guarantee shall be made in writing at the Banks address and shall:
1.6 1.7 1.8 2.
3. 3.1 3.2 3.3 4.
be signed on behalf of Eskom by a director of Eskom or an authorised delegate; state the amount claimed (the Demand Amount); state that the Demand Amount is payable to Eskom in the circumstances contemplated in the Contract. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as principal and not as surety and the Banks obligation/s to make payment:
4.1 4.2 5. 5.1 5.2
is and shall be absolute provided demand is made in terms of this bond in all circumstances; and is not, and shall not be construed to be, accessory or collateral on any basis whatsoever. The Banks obligations in terms of this Guarantee: shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between Eskom and the Contractor. Eskom shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit, without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any
6.
46
7.
variation under or to the Contract. Should Eskom cede its rights against the Contractor to a third party where such cession is permitted under the Contract, then Eskom shall be entitled to cede to such third party the rights of Eskom under this Guarantee on written notification to the Bank of such cession. This Guarantee: 8.1 8.2 8.3 8.4 8.5 shall expire on the Expiry Date until which time it is irrevocable; is, save as provided for in 9 above, personal to Eskom and is neither negotiable nor transferable; shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof; shall be regarded as a liquid document for the purpose of obtaining a court order; and shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa. Any claim which arises or demand for payment received after expiry date will be invalid and unenforceable. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee at the Banks Address. Date ____________________________
8.
8.6 9.
Signed at _____________________ For and behalf of the Bank Bank Signatory: ___________________ Witness: ________________________ Banks seal or stamp
Bank Signatory: ___________________ Witness: _________________________
47
C1 Data related to the Contract Conditions New Engineering Contract 3RD Edition Contract Data Part 1. : Data provided by the Employer
48
C2 Description of Works, Services, Goods
Part 3: Works Information Employers general requirement and Specification for the Construction of Control rooms, Equipment rooms, Electrical Operation Desk (EOD) and Simulator Room/s
49
C3 List of Eskom Policies and Procedures related to the Tender Name of Policy / Procedure COMMERCIAL Implementation of Eskoms Black Economic Empowerment Strategy (32-416) Application of Broad Based Black Economic Empowerment Practice 32-417 within Eskom (32-417) The Eskom Code of Ethics (Standard 32-527) Non-Disclosure Agreement Eskoms Procurement and Supply Chain Management Procedure SAFETY, HEALTH AND ENVIRONMENTAL FORM 74, SHE Specification Standard QUALITY Contract Quality Requirements 32 1034 32-527 32-416 Reference
CED/DUV/SHE/001
QM58
50
B-BBEE
C5-1
Implementation of Eskoms Black Economic Empowerment Strategy (32-416); and Application of Broad Based Black Economic Empowerment Practice within Eskom (32-417) have been included as part of the COMMERCIAL Procedures forming part of the tender documents.
51
The Eskom Code of Ethics
C5-2
Eskom Code of Ethics Standard 32-527 has been included as part of the COMMERCIAL Procedures forming part of the tender documents.
52
COMMERCIAL DEVIATIONS SHEET (Please indicate all the commercial deviations on this sheet)
Section Description
Page Nr / Paragraph / Document
Tenderer deviation, proposal and remarks
53

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ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS(DRP)2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED T1.1 ACKNOWLEDGEMENT FORM TO:

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

THE ESKOM REPRESENTATIVE is

Attention Fax No.

Julia Lebepe/Peloame Tiro +27 86 719 9867

Sender Fax No. Date

Operation Desk (EOD) and Simulator Room/s

Regards __________________________________ Signed on behalf of the tenderer

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

Eskom Holdings SOC Limited

Invitation to Tender Number:

Date: 11 July 2012

PS(DRP)2012/JL/03 T1.2 Tender Data

Clause number 1.1

T1.2 Tender Data

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

A different payment option.

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED 2.18 2.20

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

Local Community Empowerment Commitment

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

Changes, Deletions or Amendments to the documentation

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

T2.1 List of Returnable Documents

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

T2.1a - List of Commercial Returnable Documents

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

PART T1 INVITATION TO TENDER

ESKOM HOLDINGS SOC LIMITED

INVITATION TO TENDER NO: PS (DRP) 2012/JL/03

T2.1b - List of Financial Returnable Documents