Unique Identifier 7240-174238630 ® Eskom Invitation to Tender Revision Revs Revision Date__| July 2020 Procurement and Supply Chain __Managoment (PESCM) _ Enquiryne _| PSCEDO096 ESKOM HOLDINGS SOC LTD INVITATION TO TENDER FOR DETAILED DESIGN, PROCUREMENT, TRANSPORT TO SITE, INSTALLATION, TESTING AND COMMISSIONING OF A HOPPER AERATION SYSTEM, DUST HANDLING PLANT (DHP) AND CONDITIONING PLANT AT TUTUKA POWER STATION. ‘Tender number! RFP number] PSCED0096 Issue date 21 December 2017 Closing date and time 07 March 2018 at 10h00 ‘Tender validity period 24 weeks days from the closing date and time Clarification meeting 25 January 2018, 10h0( Boardroom, Tutuka Power Station Tenders are to be delivered to the following address on the stipulated closing date and time: TENDER OFFICE ESKOM MEGAWATT PARK MAXWELL DRIVE ISUNNINGHILL, SANDTON INEW TENDER OFFICE AT RETAIL CENTRE Page 2 of 49AT TARIEESO Unique Identifier ® €skom | Invitation to Tender Bevision fas | Revision Date __| July 2020 Procurement and Supply Chain Management (P&SCMI) [Enquiry no PSCEDOOS6 Invitation to Tender Eskom Holdings SOC Ltd (hereinafter “Eskom") invites you to submit a fender for the Detailed Design, Procurement, Transport to Site, instellation, Testing and Commissioning of a Hopper Aeration, Dust Handling Plant ( DHP} and Conditioning Plant ‘The enquiry documents are supplied to you on the following basis: © Free of charge Eskom has delegated the responsiblity for this tender to the Eskom Representative whose name and contact etalls are set out 1n 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 (to be accessed via ‘yrnw.eskom.co.z@). Queries relating to these Invitation /RFP documents may be addressed to the Eskom Representative Yours feithfully a Middle Manager Angela Ramabulana pated Zlacr7 Page3 of 49Unique Identifier 240-114238630 ® €skom Invitation to Tender Revision Bev Revision Dato__| July 2020 Management (P&SCM) Procurement and Supply Chain Contents of Invitation to Tender documents 1. Invitation to tender 1.1 Standard Conditions of Tender (refer to www.eskom.co.za for this document that suppliers are required to dowmload and read) 1.2 Tender Data 13 Commercial Tender retumables 2. Evaluation process and enteria 2.1 Basic Compliance 2.2 Pre-quaiification enteria 2.3 Mandatory tender returnables 24Local content and production (applicable' where designated matenals are included) 2.5 Functionality 26 Financial evaluation 27 Price and preference scoring 28 Objective cntena 3 Conditon of contract (see contract conditions attached) 4 Scope of workWorks Information/Emplovers Requirements (see Contract and applicable bond/guarantees attached ) 5. Pricing data (See contract attached) 6. Annexures Number | Description ‘Annexureito be | Attached downloaded and | (Y/N) attached | 64 “Acknowledgement form ‘Annexure A. Y j 62 *Tenderer's particulars. ‘Annexure & 7 63 * Integrity Deciaration Form “Annexure Y {refer to www.eskom.co za for the Supplier Integnty Pact that suppliers are required to download and read ) 64 ‘CPA Requirements for Local (South African) | Annexure D Y 65 ‘CPA(IG) for Foreign Goods/services (if ‘Annexure E ¥ applicable) 66 ‘SBD 6 2- Declaralion Cerificate for Local | Annexure F? | Y | Production and Local Content (only | applicable if designated materials are | included) | Page 4 of 49 Enquiry no PSCED0096240-114238630 Unique Identifier a Revisi Rev3 @€Eskom Invitation to Tender vison 7 Revision Date | July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCEDOO96 Annexure C-Local Content Declaration- AnnexureF2 | Y ‘Summary Schedule ‘Annexure D-Imported Content Declaration— | Annexure F3. | Y ‘Supporting Schedule to Annexure C Annexure E-Local Content Declaration- Annexure’ | ‘Supporting Schedule to Annexure C 67 ‘Acknowledgement of funding requirements | Annexure G Y | (only applicable for contracts with an | estimated value of more than R30M inclusive of VAT) | 68 “Addenda aoknowedgement form ‘Annexure H Y 69 “Tax Evaluation questionnaire to determine N/A whether a company, close corporation (CC) or Trust is @ personal service provider for | purposes of PAYE [only to be attached for | | services type of contracts] [10 | SBD 1 -Invitation to Bid must be fled out by | Annexure | Y all tenderers and submitted with the tender at tender submission deadline 6:11 | SBD 6.4- Preference Points Claim Formin | Annexure J Y¥ | terms of PPPFA 2017 regulations | 642 | Supplier Development & Localisation ‘Annexure K Y (SD&L) Undertaking [only to be attached if applicable ] Page 5 of a 9® €skom Invitation to Tender 240-174238630 Unique Identifier Revision Rev3 Revision Date _| July 2020 Procurement and Supply Chain Management (P&SCM) Enquiry no PSCED0096 412. The Tender Data makes several references to the Eskom Standard Conditions of Tender (refer to www eskom.co za for this document that suppliers are required to download end read). The clauses that apply specsfically to this Invitation are referenced hereunder The “Tender Data” shall take precedence over the Standard Conditions of Tender in the event of any ambiguity or inconsistency between the two documents Clause Number from Standard Conditions of Tender Tender Data 71 Parties The Employers Eskom Holdings SOC Ltd ‘The Eskom Representative is: Name Simon Ndlakuse Tel: 017 749 9265 E-mail; TutukaCMDProcurementSupport@eskom.co.za 21 Eligible tenders ‘Submit a tender oniy ifthe tenderer (whether a single company or a structure similar to a Joint Venture) complies with the ceigibilty criteria stated in the Tender Data end the tenderer, or | any of his principals, is not under any restriction to do business with Eskom/State Owned Companies Tenderers are deemed ineligible to submit a tender if * Tenderers have the nationality of a country on any international sanctions list. A tenderer shall be deemed to have the nationality of @ country ifthe tenderer is a national oF is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This nterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract mcluding related services + Tenderers submit more than one tender either individually or as a partner in a jomt venture (JV) or consortium + Tenders submitted by a JV or consortium where the JViconsortium agreement does not explotly state that the parties of the JV or consortium shall be jointly and Page 6 of 49)® Eskom Invitation to Tender 240-114238630 Unique Identifier Revision Rev3. Revision Date __| July 2020 Procurement and Supply Chain Management (P&SCM) F enquiry no PSCED0096 ‘severally liable for the execution of the Contract in accordance with the Contract terms, A Tenderer must not have a conflict of interest. All Tenderers found to have @ conflict of interest shall be disqualified A Tenderer may be considered to have a conflict of interest with one or more parties in this tendenng process. if: © (ajthey have a controling partner/majonty shareholder in common, or © {bjthey have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or infiuence on the tender of another Tenderer, or influence the decisions of the Employer regarding this bidding process, ‘+ Tenders signed by non- authonzed persons + Where the tenderers are not registered on National Treasury's Central Supplier Database (except Foreign ‘Suppliers) +A tender that fails to meet any pre-qualifying enteria stipulated in the tender documents is an unacceptable tender (section 4 (2) of PPPFA Regulations ‘+ Any tenderer that is restricted by National Treasury * Atenderer that sub-contracts 100% Scope of Work Ineligible tenderers will be disqualified. 73 Enquiry documents The Invitation to tender number 1s: PSCEO096 ‘See the content list above for the enquiry documents A Type of Invitation to Tender 4. This invitation to tenders: PSCEO096 2__An open Invitation to tender 76 Eskom’s rights to accept or reject any tender The tender shall be for the whole of the contract, 22-25 Tender Closing ‘The Geadine for Tender submission 15> Date 07 March 2018 | Time t0H00 | Late Tenders will not be accepted Addressed: Tenders are to be submitted to the Eskom tender Page 7 of a9,® Eskom Invitation to Tender PAO-TTAZSEEIO Unique Identifier Revision Rev3. [Revision _|Rev3 | Revision Dat July 2020 Procurement and Supply Chain ‘Management (P&SCM) [Enquiry no PSCEDO0096 ‘Box at the following physical address: ‘THE TENDER OFFICE ESKOM MEGAWATT PARK MAXWELL DRIVE ‘SUNNINGHILL ‘SANDTON NEW TENDER OFFICE AT RETAIL CENTER 3:10 Mandatory tender retumabies See below ist of Tender Retumables, some of these are mandatory at the Tender submission deadline, and others are mandatory prior to contract award. ‘The tenderer wil be disqualified if mandatory tender returnables are not submitted on/before the stipulated deadlines. However, ‘where required for scoring purposes only; they will be scored zero: but not disqualified Where certain documents may be required as evidence of compliance to Pre-qualification criteria, and these are not provided by stipulated deadlines; then the tenders wil be disqualified, | 23 Copy of original tender ‘The tenderer shall submit an onginal tender hard copy of the tender plus (AND) 1 complete hard copy of the original tender at tender submission deadline In addition, One (1) Electronic Copy of the complete tender on ‘CD with all documenis in MS Word or Excel format(note any documents submitted as PDF version must be submitted in MS Word or Excel format as well) Where a Tenderer does not submit 1 complete hard copy of the original tender at tender submission deadiine, the tenderer will be disqualified. 2.13 Tender Validity Period The tender validity period is 24 weeks | 2.46 Site clanfication meetings ‘A non-compulsory clarification meeting with representatives of the Employer will take place as follows: Date: 25 January 2018 Time: 10h00 Venue: Outside Conference Tutuka Power Station | Tenderers must confirm their intention to attend with the Eskom Representative stating the name, position and contact details of each proposed attendee 217 Clarification on enquiry documents 2.25 Conditions of contract The tenderer will notfy the Employer of any Clanfications required before the closing time for clarification quenes, which 1s | 10 working days before the deadiine for tender submission. | ing | [The conditions of contract will be the NEC 3 Engine Page 8 of a9® Eskom Invitation to Tender 2A0-A14238630 ‘Supply Chain i ‘Management (P&SCM) é | Enquiry no PSCED0096 ‘Construction Contract 228 Alternative tenders ‘Alternative tenders are not allowed. 2.31 Provision of secunty for performance if secunty for performance (@.9. Performance Bond) is required, ‘the names of two financial mstitutions that will be approached, must be submitted with the tender. 3.4 Opening of tenders ‘Tenders willbe opened at the same date and time as the tender deadline [3.5 Prices to be read out Prices will not be read out. 3.9 Basic Compliance Basic compliance for this invitation to tender are: Most the eligibilty criteria for a tenderer ‘Submit one (1) complete herd copy of the original tender to Eskom ‘= Submit 2 complete original tender with commercial, financial and technical information ‘+ Submission of the mandatory commercial tender returnables as at stipulated deadlines. ‘+ Central Supplier Database (CSD) number (MAA ......) 310 Mandatory tender returnables Mandatory tender retumables are as follows, + Supply a reference list with a minimum of 5 references {including as @ minimum: cient, contact details of client, commissioning date. capacity and locetion) indicating the Contractor's capability and expenence in the complete design, construction and commissioning of a multi pressure vessel dense phase pneumatic conveying system for power | station fly ash, with @ capacity of more than 126 Toh and a conveying distance of more than 100 m, operating for a ppenod of more than one (1) year * Supply a reference list with a minimum of 5 references | (including as @ minimum: cient, contact details of client, commissioning date, capacity and location) indicating the Contractors capability and expenence in the complete design, construction and commissioning of an ash conditioner system, with a conditioning capecity of at least 200 Tph (wel) per conditioner, operating for a period of more than one (1) year ‘= Does the Contractor have or will have access to a pneumatic | conveying test factlty where the pneumatic conveying charactenstics of Eskom P S. fly ash can be determined? * Does the Contractor have or will have access to the proumatc conveying charactensies of typical “South | Anant fly ash? + Do08 the Gontractor_or subcontractor for Fre_detecton | Page 9 of 49@€skom T 240114238630 Unique Identifier i Revision Rev3 Invitation to Tender Revision Date__| July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCED0096 design have SAQCC certficates as per the depariment of labour (Fire Detection Design) Tenderers who do not submit mandatory tender returnables as at stipulated deadlines will be disqualified. 3.11 Pre-quallfication entena Pre-qualification crtaria are applicable ‘The following mandatory pre-qualification criteria are applicable herein:- 4. Minlmum BBBEE status level of 1 to 4; and 2 Atenderer subcontracting @ minimum of 30% Jand/ or any of the below: to ether (i) an EME or QSE which is at least 51% owned by black people; {i) an EME or QSE wich is atleast 51% owned by black people who are youth; {it) an EME or QSE which is at least 51% owned by biack people who are women: (Iv) an EME or QSE which 1s at least 51% owned by black people with disabilities: (v) an EME or QSE which is 51% owned by black people iiving in rural or | underdeveloped areas or townships: (w) a cooperative which is at least 51% owned by black people, (vil) an EME or QSE whch ts at least 51% owned by black people who are military veterans. Tenderers are required to provide relevant proof of same (signed sub-contracting intent agreement, affidavits, copy of B-BBEE certificate at tender submission deadline); failing which the tenders will be deemed unacceptable and disqualified. 3.13 Functional requirements Functional requirements are applicable Note the requirements for technical functional scoring on page 17 of 49. 3:16 Evaluation of price Prices will be evalualed as follows: Inclusive of VAT Making the specified correction for arithmetical errors Excluding contingencies in any bill of quantities or acivty schedule. © Making an adjustment based on the application of the | quentitative information entered by tenderers in_the | Page 10 of 49| ® €skom Invitation to Tender 2A0-114238630 Unique Identifier Revision Rev3 Revision Date__| July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCED0096 Contract Data provided by the Contractor to provisional amounts assessed by Eskom’s Representative A model lender assessment schedule suitable for use with Options A and B of the NEC Engineenng and Construction Contract may be included in the tender retumables for this purpose * Making an appropnate adjustment for any other acceptable vanations, deviations, loss evaluation or alternative tenders submitted + Making a comparison of the Nett Present Velue of each adjusted tender based on the tendered programme (f provided) and prices, on the estimated effect of Proe Aduustment Factors and rate of exchange fluctuations (i applicable) and on other evaluation parameters relating to uncertainty and risk + Unconditional discounts must be taken into account for evaluation purposes; © Conditional discounts must not be taken into account for ‘evaluation purposes but should be implemented when payment is affected. + _Prices will be scored out of 90 points 377 Evaluation of B-BBEE 'B-BBEE ctatus will be scored out of 10 points in accordance with PPPFA. If a tenderer fails to submit proof of 8-BBEE status level the tender will be disqualified Because the 8-BBEE level is a qualification enteria 3.18 Ranking of tenders Suppliers will be ranked by applying the preferential point ‘scoring based on the : + 90/10 (for estimated values above ROM inclusive of VAT} Jor + Eskom will then add the score from Pricing and the B-BBEE level together and rank the suppliers from the highest to the lowest. | 3. 19 Objective entena (applicable) ‘Objective criteria are applicable 1 The following objective cnteria apply ‘+ Safety Health and Environment; | © Quality, and + Skils Development. Please note:- ‘+ “Eskom reserves the right to award the tendertoa | supplier who may not be the highest scoring/highest ranked tenderer, in line with Section (2) (1) (f) of the PPPFA; subject to the right to negotiate on the objective criteria with the three highest ranked tenderers respectively before award is made. * Tenderers will not be disqualified if they do not comply with the objective criteria © Functionality and any clement of the scorecard may not be used as objective criteria. Page 11 of 29 eee |f BOARD | Unique Identier Rev3 | ® Eskom Invitation to Tender = july 2020 ‘Supply Chain Management (P&SCM) Enquiry no PSCED0096 Please note: Eskom reserves the right to negotiate with preferred bidders after a competitive bidding process or price quotations; should the tendered prices not be deemed market-related. “Eskom reserves the right to award to a supplier who may not be the highest scoring! highest ranked supplier, in tine with Section (2)(1)(f) of the PPPFA.” Eskom may only cancel a tender for the second time with the prior approval of the relevant treasury. Eskom must make representation to the relevant treasury stating reasons for cancellation for the second time. This cancellation(for the second time), however does not refer to price quotations in terms of threshold for procurement but tenders that have been advertised for open competitive tendering process. ‘The decision to cancel a tender invitation will be published in the same manner in which the original tender invitation was advertised Sub - contracting Main contractors! suppliers are discouraged from subcontracting with their subsidiary companies as this may be interpreted as subcontracting with themselves and / or using their subsidiaries for fronting. Where primary contractor subcontracts with a subsidiary this must be declared in tender documents. A report containing a list of potential sub-contractors may be drawn by accessing the following link: www.csd.gov.za 1.3 TENDER RET (refer to 2.8 above) The tenderer must submit the retumables set out hereunder as part of its tender (Mandatory returnables are indicated by a tick (v), and if they are not included by tender deadline, the tenders wall be disqualified from further evaluation) Documents preceded by * are required at tender returnable stage (B-BBEE certificate) and although will not result in disqualification, will impact the scoring A zero will be allocated, if not submitted by tender closing deadline, Documents preceded by ** do not nead to be submitted physically to Eskom( either at tender deadine or before contract award, if the tenderer 1s registered with CSD, has provided a valid registration number as required in Annexure B (the tenderer's particulars) and such documents can be verified on csp. Page 12 of 49| @€skom Unique Identifier 240-114238630 Revision Rev3 Invitation to Tender Revision Date July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no. PSCED0096 Please note that foreign suppliers (with no footpnnt in RSA) are not required to be registered on CSD and therefore they may be required to provide hard copies of relevant documentation. Reference Returnables from suppli Mandatory evaluation ‘Mandatory returnable for | returnable for contract award Basic Compliance One (1) complete hard copy of the tender v Pre-qualification | orite + B-BBEE Jevels/EME/QSE © Sub-contracting to designated groups B.BBEE cortficate / Affidavit on official DTI template ‘Signed Sub-contracting intent agreement Proof (certficate/afidavit) of sub-contractor belonging to designated group If not submitted by tender submission deadline, the tenderer will be disqualified NN ONS [Annexure A ‘Acknowledgement Form Additional Documents required in event of Wi Letter of intent to form a JViconsortium Valid joint venture agreement confirming the rnghts and obligations of each of the joint venture Partners and their profit-sharing ratios ‘Wiiten confirmation that the joint venture vail operate as a single business entity (incorporated) for the duration of the contract (tus may be included as an obligation within the JV agreement) * wast, consortium o joint venture (welding unincorporated consortia and joint ventures) must submit a consolidated B-BBEE Status Level | Verification Certificate for every separate tender Details and confirmation ofa single designated | bank account in the name of the JV and | independent of the individual JV partners, as set ‘out in the joint venture agreement Page 13 of 49Unique Identifier 240-1 14338630 ® €skom Invitation to Tender Revision Revs Revision Date__| July 2020 | Procurement and Supply Chain Management (P&SCM) Enquiry no PSCEDO096 Rnnexure 6 Tenderers Pariculars z ‘Annexure C integrity Pact Declaration form: v ‘Annexure D | CPA for local goodsisenvices (applicable) 7 tanec Annexure E PAIG) for mporied goods/senvces (f 7 applicable) Annexure F1-F4_ ‘SBD 6.2 -Declaration certificate for local v production and content and Annexures C, D and E (only applicable where designated materials are included) ‘Annexure G Letter of acknowledgment of funding requirements ‘Annexure H ‘Confirmation of receipt of addenda to enquiry v document | Annexure | (applicable | SBD 1-to be submitted with the tender at tender |“ | for all suppliers incluing | submission deacine Foreign suppliers) ‘Annexure J SBD 6 1- Preference Points Clam Fam intenms | 7 7 of PPPFA 2017 regulations | ‘Annexure K’ ‘Supplier Development & Localisation vw (SDBL) Undertaking B-BBEE Certificates Failure on the part of the supplier to submit a valid current certificate or an affidavit for purposes | of evaluation and sconng by the tender closing | deadline wil result in disqualification | Tax Clearance Foreign suppliers (who have answered yes to any | Certificates of the questions in the relevant section of SBD 1 and who have not provided a CSD or SARS. Efiing pin number as per Annexure A, will need to provide a copy of @ current valid tax compliance certificate | Tax Questionnaire Evaluation questionnaire to determine whether a | N/A company, close corporation (CC) or Trusts a personal service provider for purposes of PAYE {only in the case of services contracts] ‘Signed Sub- ‘Tenderers must, where subcontracting 1s a pre- v contracting intent _| quaification requirement, submt proof signed | agreement Subcontracting intent agreement Compliance with "To the extent that the tenderer falls win the 7 | Employment Equity Act | definition of @ “designated Employer” as | contemplated in the Employment Equity Act 55 of | ‘998, the tenderer is required to furnish the Employer with proof of compliance with the Employment Equty Act, including proof of submission of the Employment Equity report to the Department _of Labour (South _Afncan Page 14 of 49240-174238630 Unique Identifier ® Eskom Invitation to Tender Revision Revs Revision Date __| July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCED0096 ~Tienderers only) — Financial statements | Audited Financial Statements of the tenderer for 17 the previous two 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 Start-up enterprises formed within the last 12 months are not required to send in statements, but f successful with their tender will be required to send statements forthe first year when once available CIDE Valid proof of CIDB (Construction Industry v Development Board) Registration grading leve! 9 (in Mechanical Engineenng works (ME) or high as per the grading specified in the Tender Data Shareholding ‘Shareholding organogram /breakdown (for each v indivicval companylJV member) clearly identifying percentages owned by individual shareholders (full names & 1D Numbers) and other entites (provide full legaltrading name and respeciive entiing repistrationfrust numbers) NEC Documentation | Compleied NEC priong schedule and contract [7 data ‘Additional documents | Refer to Works information required (ECSA/ | SACPCMPICVs! | permitsilicenses/ | specific registration documents DOCUMENTS REQUIRED UNDER OBJECTIVE CRITERIA Safety COIDA- Onginal certificate of good standing or 7 proof of application issued by the Compensation Fund (COID) ora licensed compensation insurer (South African tenderers only) ‘Other Safety! © Abaseline Risk assessment v documents as required» H&S costing er scope of works + Competency ‘+ Acknowledgement for Eskom’s rules & | requirements + Contractor capabilty with regard to implementation of Environmental Management System + Health and Safety Plan | + Medical certificates SHE policy ‘Quality Quality Requirements Ka Page 15 of a9@€skom T PADATARSBESO Unique Identifier Invitation to Tender Revision Revs Revision Date __| July 2020 Procurement and Supply Chain Management (P&SCM) Enquiryno | PSCEDOOS6 ‘SECTION A: Quality Management System Requirements ISO 9001:2008 ‘+ (Option 1) Valid certification of Quality Management System by an ISO accredited body Or Option 2 SECTION A: (Option 2) Objective evidence of documented QMS that is not certified but| complies with 1S03001 | * Quality Management System (QMS)Manual * Copy of Quality Policy signed by top management + Procedure for Control of Documents * Procedure for Control of Records: + Internal Audits Procedure * Procedures for Control of Nonconforming Product Corrective Action Procedure + Preventive Action Procedure SECTION B: Evidence of QMS in operation © Copy of appointment letter & CV/ resume of a Quality Representative for the proyect + Signed Organizational structure & Quality dept reporting structure © Copy of procedure for control of suppiters & ‘subcontractors + Copy of an internal management system | audit report (with NCR, correctve & preventive report + Copy of Customer satisfaction surve + Copy of @ Quality Plan (incl ITP's) on| Previous project < 2yrs | + Historical Information (Ks!) of similar work performed < 2yrs. SECTION C_ Contract Quality Plan Requirements (Ref QM-58 _240-105658000) * Contract Quality Plan as per Scope of Works (Ref ISO 10005) SECTION D: Quality Control Plan Requirements (Ref QM-58_240-105658000) * QCP /Checkhst/ ITP (Quality Control Plans) as per Scope of Works (Ref ISO 10005) SECTION E : User defined additional Requirements & miscellaneous (Ref QM-_ Page 16 of 492a0ATATEOETO \ Unique Identifier | | i ® Eskom | Invitation to Tender Revision. Revd | Revision Date _| July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no. PSCEDO096 ‘58_240-105658000) I Environmental Refer to Works information v DOCUMENTS REQUIRED FOR TECHNICAL UNDER FUNCTIONALITY Refer to Appendix & Vendor Documentation Submission Schedule (VOSS) attached 2.5 FUNCTIONALITY CRITERIA AND SUB-CRITERIA FOR TECHNICAL SCORING (Criteria that will be used to score each tender: Maxim number of points percentages: BHM CoE Evaluations 40 C8 125 System Integration 5 [Civil Design 110, LPS Evaluations [20 Electrical 125 Total 100% ‘Overall minimum threshold for the functionality to 70% proceed to the next phase Rofer to Annexure Three Mandatory and Qualitative technical criteria ‘Tenderers who do not meet the threshold for functionality scoring will be disqualified and not be evaluated further. ANNEXURE A ACKNOWLEDGEMENT FORM Acknowledgement We are in receipt ofthe invitation to Tender from Eskom Holdings SOC Ltd and the following addenda issued by Eskom: We confirm that the documentation received by us 1s: (Indicate by ticking the box) Correct as stated in the Invitation to Tender Content List, and that each document 1s complete D1 Or: Incorrect or incomplete for the following reasons: O1 Page 17 of 49240-114238630 Unique Identifier ® €skom Invitation to Tender Revision Revs Revision Date__| July 2020 Procurement and Supply Chain ‘Management (P&SCM) | Enquiry no PSCED0096 Cataloguing Acknowledgement: Please select the relevant statement by ticking the ay fate box 1 We agree to provide the cataloguing information as descnbed in the tender submission. 2. We have already supplied Eskom with the cataloguing information pertaining to this enquiry in @_previous contractiorder [insert previous invitation to tender/RFQ number, 0 3 We do not inténd fo provide the cataloguing information for the required scope / specrfications. for the reasons stated hereunder: 4. confirm that | am a Distributor/importer/Agent and my Principal, being the Onginal Equipment Manufacturer (OEM) 1s or is not in the position to supply cataloguing information for items See attached letter from OEM confirming his position, O Invitation to TenderiRequest for Proposal No. PSCEDO096 Name of companyiJV: Country of registration, Name of contact person Contact detanls of contact person: Tel (landine) Cell phone. e-mail address, ANNEXURE B JTENDERER’S PARTICULARS. “The tenderer must fumish the following particulars where applicable: Indicate the type of tendenng structure by marking with an (where applicable provide registration number): Individual tenderer l Unincorporated Joint venture (registration number | for each member ofthe JV) | L Page 18 of 49POAT AEBEERD Unique Identifier reer [Revision ® €skom Invitation to Tender i Revs | Revision Date July 2020 Procurement and Supply Chain Management (P&SCM) Lt Enquiry no PSCEDO0096 Incorporated JV ‘Other EE Please complete the following: Name of lead parinerimember in case of IV percentages owned by individual shareholders (full names & ID Numbers) and other entity shareholders (provide full legaltrading name and respective identifying registration/trust numbers) CIPC Registration Number (for each individual ‘company / JV member) [VAT regstranon number (foreach indiadval company / JV member) CIDE registration number (for each individual ‘companylJV member if applicable) Shareholding mformahon (foreach individual | Include as separate tender returnable ir required company/JV member) clearly _—_ identifying Contact person Telephone number E-mail address Postal address (also of each member in the case of aw) Physical address (also of each member of the JV) If subcontractors are to be used, indicate the following for the main sub-contractor(s). Add to the list of applicable. Page 19 of 49® €skom Invitation to Tender Unique Identifier ‘240-414238630 Revision Rev Revision Date July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCED0096 Name of contractor CIPC Registration number VAT registration number CIDE Registration number (if applicabie) ‘Shareholding organogram /breakdown (Tor each individual companylJV member) clearly identifying percentages owned by individual shareholders (full names& ID Numbers) and other entites (provide full legaVtrading 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 adaress Physical address 4. Ifyou are currently registered as a vendor with Eskom, please provide your Vendor registration number with Eskom. 2. Ifyou are currently registered as a vendor on the Treasury Central Supplier Database(CSD) please provide your supplier registration number with Treasury. 3. Please note that it is mandatory for you to register on National Treasurys CSD, if you Intend doing work with any State department or State owned entity/company. 4 You may register online at National Treasury website on www.treasury gov.za Page 20 0f 49® €skom Invitation to Tender Revision Revs 240-114238630 Unique Identifier Revision Date __| July 2020 Procurement and Supply Chain Management (P&SCM) [Enquiry no. PSCEDO096 Altematively, you may contact [+] Maluta Mokhwevho Ifyou are registered on SARS Efiing system, please provide your pin number in order to verify your tax compliant status, Ifyou are required to be tax complant as per SBD 1, but are not registered on CSD (foreign suppliers) or have not provided your SARS Efilng pin, please confirm that you have attached/will send a copy of a current valid tax complant certificate as a tender returnable (by contract award stage) [vesT_ [xo TJ If sub-contracting is prescnbed in the specific enquiry, you need to compete 8.1-8 7 8.1. Confirm if you tend sub-contracting Les] xo T 8.2 What percentage will you be sub-contracting ? % 83 To whom do you mtend sub-contracting ? 84 Is the said sub-contractor registered on CSD? Les? Toxo [] 8.5 If yes to 8 4, please provide CSD number 8 4 Please confirm 8-BBEE level of said sub-contractor 85 Which designated group does the sub-contractor belong Black people Black people who are youth Black people who are women Black people with disabilites Black people living n rural or underdeveloped areas or townships Cooperatives which are 51% owned by Biack people @. Black people who are military veterans speoce I Eskorn decides to apply the sub-contracting provision as specified in Regulation 4{0) all tenders above the prescnbed maximum threshold for quotations must be advertised through an open competitive bidding process subject to potential tenderers meeting the 30% minimum subcontracting requirement to EMEs or QSES that are 51% owned by the followng enterprises: 8.6 Please confirm that you have attached your signed intent to sub-contract document. Page 21 of 49240-114238630 Unique identifier ® Eskom Invitation to Tender Revision _/ Rev3_ Revision Date __| July 2020 Procurement and Supply Chain ‘Management (P&SCM) Enquiry no PSCED0096 Tes? [xo TJ 87 Have you attached proof of sub-contractor’s belonging to designated group (es? J xo TJ A. Single tenderers I, the undersigned, {Full names) hereby confirm that !'am duly authorised to sign all Gocuments in connection with this tender and any contract resulting from it, on behalf of (insert the full legal name of the tenderer) Signature: Designation: Date: Joint Ventures We, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms (full names), an authorised signatory of , (insert the full legal name of the business entity serving as the lead partner) acting in the capacity of lead partner, to sign ell documents in connection with the tender and any Contract resuiting from it on our behalf We attach to this Schedule @ copy of the joint venture agreement which incorporates a statement that all partners are lable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, reoeive 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 | Full Name and Capacity of Authorised | Signature Venture Member __| Signatory Poge 22 of 49240-114238630 Unique identi ® Eskom Invitation to Tender Revision Revs Revision Date _| July 2020 Procurement and Supply Chain Management (P&SCM) Enquiry no PSCED0096. | J ANNEXURE C IN FORM (Form to be completed end signed by supplier/tenderer as Invitation to Tender’ retumable or as part of contract modification documentation) 4, DECLARATION OF INTEREST We understand that any naturallegel person, including employees of the State andlor those related to an Eskom employeeldirector (as per the definition of “related” set out hereunder), may tender to Eskom However, in view of possible allegations of favountism (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 freatment or an equal opportunity), should the resulting tender, or part thereof, be awarded to such naturaVlegal person, as described herein, itis required that the tenderer’s declare such interesUretationship where:- + the tenderer/s employeesidirectors are also employees/contractors/consultants) directors in the state or a state owned entity. the tendorer/s employeesidirectors are also employees/contractors/consuttants! directors of Eskom the tenderer/s employeesidirectors are also employeesicontractors/consultants or directors in another entity together with Eskom employeesiconsultants/contractorsy directors the legal person/s (including its employees/contractors/directors/members/ shareholders) on whose behalf the tender documents are signed, 15 in some other way “related” to an Eskom ‘employee/contractoriconsultant/director involved in the tender evaluation/tender adjudication/tender negotiation. "Related" meaning that ‘an individual 1s related to another individual of they are mamed, or live together in a relationship similar to marriage; « or are separated by no more than two degrees of natural or adopted consanguinity or affinity; «+ an individual 1s related to a junstic person if the individual directly or indirectly controls the junstic person, as determined in accordance with the definition of “control” (as per Companies Act section 2(1) ), and ic person is “related” to another juristic person if = (i)erther of them directlyiindirectly controls the other, or the business of the other, as determined in accordance with the definition of “controf(as per Companies Act section 2(1) ) + (2)etther is a subsidiary of the other; or + (8)a person directly/indirectly controls each of them, or the business of each of them, ‘as determined m accordance with the definition of "control" the tenderer/s and one or more of the tenderers in this tendenng/RFP process have a controlling partner in common, or @ relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the tenderiproposal of, Page 23 of 49aa Unique otter a nevis rev @€skom Invitation to Tender cn : nevsonate__|Juy 700 Procure Spy Chain iratanent 80 Enquiry no PSCEDO096 another tendarer, or influence the decisions of Eskom regarding this bidding process, To aive effect to the provisions above, please complete the table hereunder with all required information Wame —& Capacity! Identity] Confirm and provide | Full Names & To your ition within tenderer (eg. | Number | details (including | Capacity/Position of | knowledge employee/Directorimember! employee number) it | Eskom employee? is this ownerishareholder) you are a State/State | director/ consultant | person | owned entity and details of the | involved in employee/contractor! | relationship or the director. interest(marital evaluation! familialipersonal) | adjudication’ financial ete) negotiation of tenders 4. If any employeeiairectorimember/shareholder/owner of tenderer/s is also currently employed by Eskom, stale whether this has been declared and whether there is authorisation(Y/N) to undertake remunerative work outside public sector employment, and attach proof to this declaration 2. Do the tendereris and other tenderer in his tendenng/RFP process share a controling partner or have any relationship with each other, directly or through common third paries? (YIN) If Yes, attach proof to this declaration 2. DECLARATION OF FAIR TENDERING PRACTICES This serves as a deciaration 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 tendenng practices A tender will be disqualified i the tenderer/s, or any of tts directors have ‘+ abused the mstitution’s procurement process (e g bid ngging/collusion) * committed fraud or any other mproper conduct in relation to such system. Please complete the declaration with an 'X" under YES or NO item | Question YesiNo [No 1.1 [ls the tendoreds(or any of its directorsimembersishareholers) listed on National Treasury's Database of Restncted Suppliers a8 companies/persons prohibited from doing business with the public sector, or listed on the Register for Tender Defaulters in terms of | Page 24 of 49ster (240-144238630 Unique Identifier ® Eskom Invitation to Tender Revision Reva Revision Date _| July 2020 Procurement and Supply Chain ‘Management (P&SCM) [Enquiry no PSCED0096 ‘Section 28 of the Prevention and Combatting of Corrupt Activities ‘Act (No 12 of 2004) The Database of Restncted Suppliers and the Register for Tender Defaulters can be accessed on the National Treasun/s website (vow treasury gov za) Was the tenderer/s (or any of ts directorsimembers/shareholders) convicted by a court of law (including a court outside South Afica) 12 | for fraud and/or comuption with respect. 10 the procuremeni/tendenng processes/procedures during the past five years? Provide details 121 | Was the tenderer/s(or any of ifs directorsimembers/shareholders) 4.3 | prohibited from doing business with any Intemational Financial Developmentifunding Agency or Lending Institution |, the undersigned, hereby confirm that | 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) | dectare that | have read and understood the provisions of the Supplier Integrity Pact, that all Information furnished herein is correct, that it is understood that the tenderer’s tender/proposal may be rejected, and that Eskom will act against the tenderer should any aspect of this this declaration prove to be false. ‘Signature: Designation and capacity in which signing: Joint Ventures |, the undersigned, hereby confirm that acting in the capacty of lead pariner, lam duly authorised to sign all documents in connection with the tender and any contract resulting from it on behalf of {insert the full legal name of the JV). | declare that | 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 fejected, and that Eskom will act against the JV should any aspect of this this declaration prove to Page 25 of 49240-174238630 Unique Identifier ® €skom Invitation to Tender Revislea Revs Revision Date__|_July 2020 Procurement and Supply Chain Management (P&SCM) [Enquiryno | PSCEDO096 Designation and capacity in which signing = Date: (A copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners is attached to the invitation to tender/Request for proposal). ANNEXURE D, (CPA REQUIREMENTS FOR LOCAL GOODS AND SERVICES (SOUTH AFRICA] THE APPLICATION OF CONTRACT PRICE ADJUSTMENT (CPA) TO TENDER SUBMISSIONS This Section will not be applicable to professional services contract 4. APPLICATION OF CPA Eskom requires tenderers to submit offers that are in full accordance with the Project ‘Sourcing CPA principles as contained below. Eskom will afford Tenderers an opportunity to propose additionalialtemate 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 Page 26 of 49