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ESKOM HOLDINGS SOC LTD CLAIMS ADVISORY SERVICE INVITATION TO TENDER NO: PSCED0040

PART T1 INVITATION TO TENDER

Eskom Holdings SOC Limited

Group Technology and Commercial Division Maxwell Drive, Megawatt Park Sunninghill

Tel +27 800 4523 www.eskom.co.za

Invitation to Tender Number:

PSCED0040

Date: 15 August 2017

T1.1 Invitation to Tender

Eskom Holdings SOC Limited (hereinafter “Eskom”) invites you to submit a tender for the Claims Consultancy Service Panel

The required scope for this tender is fully set out in the specifications contained in :

C3 1 PSC3 Employers Scope

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 5 (five) days of receipt of this Invitation. If you do not intend submitting a tender, kindly return

all the tender documentation together with the Acknowledgement Form, providing your reasons for not

wishing to participate.

Tender documentation can be obtained via the following:

1. It may be downloaded from http://mp2mas17.eskom.co.za/tenderbulletin/search.a sp

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

Yours faithfully, Dave Gorrie Senior Manager – Sourcing

ESKOM HOLDINGS SOC LIMITED CLAIMS CONSULTANCY SERVICE PANEL INVITATION TO TENDER NO. PSCED0040

PART T1 INVITATION TO TENDER - 2 -

T1.1 ACKNOWLEDGEMENT FORM TO: THE ESKOM REPRESENTATIVE

is FROM

Mthunzi Mgaju

Megawatt Park, Sunninghill

(011) 800 4523

Attention Mthunzi Mgaju Sender

Fax No. 086 663 9887 Fax No. Date

INVITATION TO TENDER NO. PSCED0040 ACKNOWLEDGEMENT: CLAIMS ADVISORY SERVICE PANEL We are in receipt of the Invitation to Tender from Eskom Holdings Limited dated 15 August 2017. 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



Eskom Holdings SOC Limited

Group Technology and Commercial Division Eskom Megawatt Park Maxwell Drive Sunninghill

Tel +27 [11] 800 4523 www.eskom.co.za

Invitation to Tender Number: PSCED0040

Date: 15 August 2017

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 T1.2 Tender Data

1.1 The Employer is Eskom Holdings SOC Limited

The Eskom Representative is :

Name: Mthunzi Mgaju

Address: Eskom Megawatt Park, Maxwell Drive, Sunninghill

Tel: [011] 800 4523

Fax: 086 663 9887

E-mail: [email protected]



1.2

2.3

2.19

2.38

The documents issued by the Employer comprise the following documents:

T1.1 Invitation to Tender

T1.2 Tender Data

T2.1 List of Returnable Documents (Proformas 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 Bonds / Guarantees

C1 Data related to the contract conditions as provided by the Employer

C2 Description of Employer’s requirements regarding the works/services/goods

C3 Policies and Procedures

Documents to be returned by the tenderer comprise the following:

T1.1 Acknowledgement Form

T2.1a Commercial Returnable documents

T2.1b Financial Returnable documents

T2.1c Technical Returnable documents

T2.2.d Completed Bonds and Guarantees

C1.1 Form of Offer and Acceptance

C1.2 Data related to the contract conditions as provided by the Contractor/Consultant / Supplier

C2 Description of tenderer’s specification for the works/services/goods

2.1

2.36

Where the tender calls for construction works, the following CIDB registration grading level is required

(irrespective if the tenderer is a single entity or a JV- Joint Venture): Not Applicable

2.8 A clarification meeting with representatives of the Employer will take place as follows:

Commence at 10h00 on 30 August 2017

The venue is

Eskom Conference Centre

Megawatt Park

Maxwell Drive

Sunninghill

Johannesburg

Saturn Boardroom

Tenderers must confirm their intention to attend to:

Name : Mthunzi Mgaju

(011) 800 4523

Fax: 086 663 9887

e-mail: [email protected]

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.

2.16

Alternative tender(s) may be based only on the following criteria and subject to acceptance by the

Employer. Eskom will not accept any alternative tenders

2.18 The tender shall be for the whole contract.

2.20 The tender shall be submitted as an original hard copy, plus [1] copy and a CD.

3.5 Prices will not be read out.

3.6 A two-envelope procedure is not required.

2.7 The deadline for tender submission is 10h00 on 19 September 2017

2.25

2.26

3.3

The Invitation to Tender number is: PSCED0040

Each envelope of the tender shall be addressed to the Employer as follows:

ESKOM HOLDINGS LIMITED

GROUP COMMERCIAL DIVISION

ATT: Mthunzi Mgaju

Megawatt Park

Maxwell Drive

Sunninghill

CONFIDENTIAL TENDER NO. PSCED0040

The place for delivery of the tender is the Eskom Tender Box located at :

THE TENDER OFFICE

Megawatt Park

Maxwell Drive

Sunninghill

Ground Floor

Marked: CONFIDENTIAL TENDER NO. PSCED0040

2.29 The tender offer validity period is 26 weeks.

3.14 The Eskom 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



T2.1 List of Returnable Documents

Content s:

No of pages

T2.1a List of Commercial Returnable Documents

[10-11]

T2.1b List of Financial Returnable Documents [12]

T2.1c List of Technical Returnable Documents [13]

T2.1d Bonds and Guarantees [N/A]


PART T2 RETURNABLE DOCUMENTS - 7 -

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 te nder

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 w ith the tender

Declaration of Authority T2.1a-1

Completed Declaration of Fair Tendering Practices T2.1a-2

Confirmation of Receipt of Addenda to Tender Documents T2.1a-5

Contract Conditions Qualification Schedule T2.1a-6

Confirmation of Vendor Registration with Eskom T2.1a-7

Evaluation Questionnaire to Determine whether a Company, Close Corporation (CC) or Trust is a Personal Service Provider for Purposes of PAYE

T2.1a-8

Guidance Document for the Calculation of Local Content T2.1a-9

Declaration Certificate for Local Production and Content T2.1a-10

Localisation Compliance Matrix T2.1a-11

Preference Points Claim Form in terms of the Preferential Procurement Regulations 2011 T2.1a-12

Local Content Declaration – Summary Schedule – Annexure C Annex C

Imported Content Declaration – Supporting Schedule to Annexure C – Annexure D Annex D

Local Content Declaration – Supporting Schedule to Annexure C – Annexure E Annex D

SABS Specification SATS 1286:2011

Valid IRP 30 SARS certificate if operating as a labour broker in terms of the Income Tax Act No. 58 of 1962 (South African tenderers only)

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)

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)

Original certificate of good standing or proof of application issued by the Compensation Fund (COID) or a licensed compensation insurer (South African tenderers only)



B-BBEE (Broad-Based Black Economic Empowerment) certificate by an accredited Verification Agency (South African tenderers only)

Audited Financial Statements of the tenderer for 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 if successful with their tender will be required to send statements for the first year when once available.

Certified copy of ISO 9001:2000 accreditation certificate, or proof of compliance

If two or more tenderers form a joint venture, consortium or other unincorporated grouping of two or more persons (“joint venture”), a copy of the joint venture agreement entered into between the partners



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 th e tender:

CPA requirements for Local (South African) Goods/Services T2.1b-1

CPA (IG) Imported Goods T2.1b-2

Pricing Schedule Yes

Forecasted Rate of Payment (FRP) and completed data for adjustment for changes in Cost (Price Adjustment Formula)

N/A

PS5 Schedule N/A

Rate of Exchange (ROE) Schedule Yes



T2.1c - List of Technical Returnable Documents The tenderer must complete and return the following returnable documents:

T2.1b- List of Technical Tender Returnable Document s – to be submitted with the tender

Schedule of Proposed Subcontractors/ Sub-consultants T2.1c-1

First Programme and Method Statement T2.1c-2

CVs of Proposed Key Persons T2.1c-3

Quality Method Statements T2.1c-4

SHE Method Statements and Related Documents T2.1c-5

Technical Qualifications and Deviation Schedule T2.1c-6

T2.1d - List of Bonds The tenderer must complete and return the following documents in accordance with the terms and conditions of the contract:

T2.1c- List of Bonds

(Choose the type of bond/guarantee applicable to th e 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 T2.1c-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 O thers 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 Position / Capacity

B. Joint Ventures 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

Full Name and C apacity of Authorised Signatory

Signature

Lead partner

Declaration of Authority Tender Schedule T2.1a – 1



Declaration of Fair

Tendering Practices Tender Schedule T2.1a – 2

(TO BE PLACED ON THE Tenderer’s LETTERHEAD) TO: ESKOM HOLDINGS LIMITED (“ESKOM”) “[ ●] (insert a short description of the required scope / specifications) "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 PSCED0040

Signed Date

Name Position

Tenderer



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 Limited or a subsidiary thereof, or of any employee of Eskom Holdings

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 Limited or a subsidiary thereof, or an employee of Eskom Holdings 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 Limited or a subsidiary thereof, or an employee of Eskom Holdings Limited involved in the

procurement and approval process associated with this tender.

Probity On Close Family Members or Beneficiaries Tender Schedule T2.1a -3



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 Date

Name Position

tenderer



None

□

Sourcing Profile Matrix:

Indicate on the table below the countries wherefrom the goods and services will be sourced

and the percentage (%) in relation to total tendered value in South Africa Rand (ZAR).

Sourcing Country Percentage (%)

sourced based on the

tendered ZAR value

Tendered Currency Code

Signed Date

Name Position

Tenderer



Confirmation of Receipt of

Addenda to Tender Documents

T2.1a-5

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 Title or Details

1.

2.

3.

4.

5.

6.

7.

(Attach additional pages if more space is required)

Signed Date

Name Position

tenderer



Contract Conditions Qualification Schedule

T2.1a-6

(Note to tenderer: Prepare a separate document atta ched to this schedule if the proposed changes are extensive. No other deviations will be considered other than this shcedule)

Contract Clause No.

Subject of the proposed change

Propose d change Rationale for the proposed change

Signed Date

Name Position

tenderer



Confirmation of Vendor Registration with Eskom

T2.1a-7

Are you currently registered as a vendor with Eskom?

(indicate with a tick)

Yes

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 will be required to complete a

Supplier Application Form close to contract award.

Signed Date

Name Position

tenderer



Evaluation Questionnaire to Determine whether a

Company, Close Corporation (CC) or Trust

is a Personal Service Provider

T2.1a-8

For Services type of contracts only! Tenderers are refered to Eskom’s Procedure on Labour Taxation 32-346 1. Tenderers are required to complete the applicable questionnaire and affidavit as set out in this procedure attached.



Guidance Document for the Calculation of Local Content

Tender Schedule T2.1a -9

1. DEFINITIONS

Unless explicitly provided in this guideline, the definitions given in SATS 1286:2011 apply.

2. GENERAL

2.1 Introduction This guideline provides tenderers with a detailed description of how to calculate local content of products (goods, services and works) by components/material/services and enables them to keep an updated record for verification requirements as per the SATS 1286:2011 Annexure A and B.

The guideline consists of two parts, namely:

• a written guideline; and • three declarations that must be completed:

o Declaration C: “Local Content Declaration – Summary Schedule” (see Annexure C); o Declaration D: “Imported Content Declaration – Supporting Schedule to Annex C” (see

Annexure D); and o Declaration E: “Local Content Declaration – Supporting Schedule to Annex C” (see

Annexure E). The guidelines and declarations should be used by tenderers when preparing a tender. A tenderer must complete Declarations D and E, and consolidate the information on Declaration C.

Annexure C must be submitted with the tender by the closing date and time as determined by the Tender Authority. The Tender Authority reserves the right to request that Declarations D and E also be submitted.

If the tender is successful, the tenderer must continuously update Declarations C, D and E with actual values for the duration of the contract.

NOTE:

Annexure A is a note to the purchaser in SATS 1286:2011; and

Annexure B is the Local Content Declaration IN SATS 1286:2011.

2.2 What is local content?

According to SATS 1286:2011, the local content of a product is the tender price less the value of imported content, expressed as a percentage. It is, therefore, necessary to first compute the imported value of a product to determine the local content of a product.



2.3 Categories: Imported and Local Content The tenderer must differentiate between imported content and local content.

Imported content of a product by components/material/services is separated into two categories, namely:

• products imported directly by the tenderer; and • products imported by a third party and supplied to the tenderer.

2.3.1 Imported Content

Identify the imported content, if any, by value for products by component/material/services. In the case of components/materials/services sourced from a South African manufacturer, agent, supplier or subcontractor (i.e. third party), obtain that information and Declaration D from the third party.

Calculate the imported content of components/materials/services to be used in the manufacture of the total quantity of the products for which the tender is to be submitted.

As stated in clause 3.2.4 of SATS 1286:2011: “If information on the origin of components, parts or materials is not available, it will be deemed to be imported content.”

2.3.1.1 Imported directly by the tenderer: When the tenderer import products directly, the onus is on the tenderer to provide evidence of any components/materials/services that were procured from a non-domestic source. The evidence should be verifiable and pertain to the tender as a whole. Typical evidence will include commercial invoices, bills of entry, etc.

When the tenderer procures imported services such as project management, design, testing, marketing, etc and makes royalty and lease payments, such payments relating to the tender must be included when calculating imported content.

2.3.1.2 Imported by a third party and supplied to the tenderer: When the tenderer supplies components/material/services that are imported by any third party (for example, a domestic manufacturer, agent, supplier or subcontractor in the supply chain), the onus is on the tenderer to obtain verifiable evidence from the third party.

The tenderer must obtain Declaration D from all third parties for the related tender. The third party must be requested by the tenderer to continuously update Declaration D. Typical evidence of imported content will include commercial invoices, bills of entry etc.

When a third party procures imported services such as project management, design, testing, marketing etc. and makes royalty and lease payments, such payments relating to the tender must be included when calculating imported content.

2.3.1.3 Exempt Imported Content: Exemptions, if any, are granted by the Department of Trade and Industry (the dti ). Evidence of the exemptions must be provided and included in Annexure D.



2.3.2 Local Content Identify and calculate the local content, by value for products by components/materials/services to be used in the manufacture of the total quantity of the products.

3. ANNEXURE C

3.1 Guidelines for completing Annexure C: Local Con tent Declaration – Summary Schedule Note: The paragraph numbers correspond to the numbers in Annexure C.

C1. Tender Number

Supply the tender number that is specified on the specific tender documentation.

C2. Tender description

Supply the tender description that is specified on the specific tender documentation.

C3. Designated products

Supply the details of the products that are designated in terms of this tender (i.e. buses).

C4. Tender Authority

Supply the name of the tender authority.

C5. Tendering Entity name

Provide the tendering entity name (for example, Unibody Bus Builders (Pty) Ltd).

C6. Tender Exchange Rate

Provide the exchange rate used for this tender, as per the Standard Tender Document.

C7. Specified local content %

Provide the specified minimum local content requirement for the tender (i.e. ……%), as per the Standard Tender Document.

C8. Tender item number

Provide the tender item number(s) of the products that have a local content requirement as per the tender specification.

C9. List of items

Provide a list of the item(s) corresponding with the tender item number. This may be a short description or a brand name.



Calculation of local content

C10. Tender price

Provide the unit tender price of each item excluding VAT.

C11. Exempted imported content

Provide the ZAR value of the exempted imported content for each item, if applicable. These value(s) must correspond with the value(s) of column D16 on Annexure D.

C12. Tender value net of exempted imported content

Provide the net tender value of the item, if applicable, by deducting the exempted imported content (C11) from the tender price (C10).

C13. Imported value

Provide the ZAR value of the items’ imported content.

C14. Local value

Provide the local value of the item by deducting the Imported value (C13) from the net tender value (C12).

C15. Local content percentage (per item)

Provide the local content percentage of the item(s) by dividing the local value (C14) by the net tender value (C12) as per the local content formula in SATS 1286.

Tender Summary

C16. Tender quantity

Provide the tender quantity for each item number as per the tender specification.

C17. Total tender value

Provide the total tender value by multiplying the tender quantity (C16) by the tender price (C10).

C18. Total exempted imported content

Provide the total exempted imported content by multiplying the tender quantity (C16) by the exempted imported content (C11). These values must correspond with the values of column D18 on Annexure D.

C19. Total imported content

Provide the total imported content of each item by multiplying the tender quantity (C16) by the imported value (C13).

C20. Total tender value

Total tender value is the sum of the values in column C17.



C21. Total exempted imported content

Total exempted imported content is the sum of the values in column C18. This value must correspond with the value of D19 on Annexure D.

C22. Total tender value net of exempted imported co ntent

The total tender value net of exempt imported content is the total tender value (C20) less the total exempted imported content (C21).

C23. Total imported content

Total imported content is the sum of the values in column C19. This value must correspond with the value of D53 on Annexure D.

C24. Total local content

Total local content is the total tender value net of exempted imported content (C22) less the total imported content (C23). This value must correspond with the value of E13 on Annexure E.

C25. Average local content percentage of tender

The average local content percentage of tender is calculated by dividing total local content (C24) by the total tender value net of exempted imported content (C22).

4. ANNEXURE D

4.1 Guidelines for completing Annexure D: “Imported Content Declaration – Supporting Schedule to Annexure C” Note: The paragraph numbers correspond to the numbers in Annexure D.

D1. Tender number


D2. Tender description


D3. Designated products

Supply the details of the products that are designated in terms of this tender (i.e. buses).

D4. Tender authority


D5. Tendering entity name

Provide the tendering entity name (i.e. Unibody Bus Builders (Pty) Ltd).

D6. Tender exchange rate

Provide the exchange rate used for this tender, as per the Standard Tender Document.



Table A. Exempted Imported Content

D7. Tender item number

Provide the tender item number(s) of the product(s) that have imported content.

D8. Description of imported content

Provide a list of the exempted imported product(s), if any, as specified in the tender.

D9. Local supplier

Provide the name of the local supplier(s) supplying the imported product(s).

D10. Overseas supplier

Provide the name(s) of the overseas supplier(s) supplying the exempted imported product(s).

D11. Imported value as per commercial invoice

Provide the foreign currency value of the exempted imported product(s) disclosed in the commercial invoice accepted by the South African Revenue Service (SARS).

D12. Tender exchange rate

Provide the exchange rate used for this tender as per the Standard Tender Document.

D13. Local value of imports

Convert the value of the exempted imported content as per commercial invoice (D11) into the ZAR value by using the tender exchange rate (D12) disclosed in the tender documentation.

D14. Freight costs to port of entry

Provide the freight costs to the South African Port of the exempted imported item.

D15. All locally incurred landing costs and duties

Provide all landing costs including customs and excise duty for the exempted imported product(s) as stipulated in the SATS 1286:2011.

D16. Total landed costs excl VAT

Provide the total landed costs (excluding VAT) for each item imported by adding the corresponding item values in columns D13, D14 and D15. These values must be transferred to column C11 on Annexure C.

D17. Tender quantity

Provide the tender quantity of the exempted imported products as per the tender specification.

D18. Exempted imported value

Provide the imported value for each of the exempted imported product(s) by multiplying the total landed cost (excl. VAT) (D16) by the tender quantity (D17). The values in column D18 must correspond with the values of column C18 of Annexure C.



D19. Total exempted imported value

The total exempted imported value is the sum of the values in column D18. This total must correspond with the value of C21 on Annexure C.

Table B. Imported Directly By Tenderer

D20. Tender item numbers

Provide the tender item number(s) of the product(s) that have imported content.

D21. Description of imported content:

Provide a list of the product(s) imported directly by tender as specified in the tender documentation.

D22. Unit of measure

Provide the unit of measure for the product(s) imported directly by the tenderer.


Provide the name(s) of the overseas supplier(s) supplying the imported product(s).

D24. Imported value as per commercial Invoice

Provide the foreign currency value of the product(s) imported directly by tenderer disclosed in the commercial invoice accepted by the South African Revenue Service (SARS).

D25. Tender rate of exchange



Convert the value of the product(s) imported directly by the tenderer as per commercial invoice (D24) into the ZAR value by using the tender exchange rate (D25) disclosed in the tender documentation.


Provide the freight costs to the South African Port of the product(s) imported directly by the tenderer.


Provide all landing costs including customs and excise duty for the product(s) imported directly by the tenderer as stipulated in the SATS 1286:2011.

D29. Total landed costs excl VAT

Provide the total landed costs (excluding VAT) for each item imported directly by the tenderer by adding the corresponding item values in columns D26, D27 and D28.

D30. Tender quantity

Provide the tender quantity of the product(s) imported directly by the tenderer as per the tender specification.



D31. Total imported value

Provide the total imported value for each of the product(s) imported directly by the tenderer by multiplying the total landed cost (excl. VAT) (D29) by the tender quantity (D30).

D32. Total imported value by tenderer

The total value of imports by the tenderer is the sum of the values in column D31.

Table C. Imported by Third Party and Supplied to th e Tenderer

D33. Description of imported content

Provide a list of the product(s) imported by the third party and supplied to the tenderer as specified in the tender documentation.

D34. Unit of measure

Provide the unit of measure for the product(s) imported by the third party and supplied to tenderer as disclosed in the commercial invoice.

D35. Local supplier

Provide the name of the local supplier(s) supplying the imported product(s).


Provide the name(s) of the overseas supplier(s) supplying the imported products.

D37. Imported value as per commercial invoice

Provide the foreign currency value of the product(s) imported by the third party and supplied to the tenderer disclosed in the commercial invoice accepted by SARS.




Convert the value of the product(s) imported by the third party as per commercial invoice (D37) into the ZAR value by using the tender exchange rate (D38) disclosed in the tender documentation.


Provide the freight costs to the South African Port of the product(s) imported by third party and supplied to the tenderer.


Provide all landing costs including customs and excise duty for the product(s) imported by third party and supplied to the tenderer as stipulated in the SATS 1286:2011.

D42. Total landed costs excluding VAT



Provide the total landed costs (excluding VAT) for each product imported by third party and supplied to the tenderer by adding the corresponding item values in columns D39, D40 and D41.

D43. Quantity imported

Provide the quantity of each product(s) imported by third party and supplied to the tenderer for the tender.

D44. Total imported value

Provide the total imported value of the product(s) imported by third party and supplied to the tenderer by multiplying the total landed cost (D42) by the quantity imported (D43).

D45. Total imported value by third party

The total imported value from the third party is the sum of the values in column D44.

Table D. Other Foreign Currency Payments

D46. Type of payment

Provide the type of foreign currency payment. (I.e. royalty payment for use of patent, annual licence fee, etc.).

D47. Local supplier making the payment

Provide the name of the local supplier making the payment.

D48. Overseas beneficiary

Provide the name of the overseas beneficiary.

D49. Foreign currency value paid

Provide the value of the listed payment(s) in their foreign currency.


Provide the exchange rate used for this tender as per the Standard Tender Document

D51. Local value of payments

Provide the local value of each payment by multiplying the foreign currency value paid (D49) by the tender rate of exchange (D50).

D52. Total of foreign currency payments declared by tenderer and/or third party

The total of foreign currency payments declared by tenderer and/or a third party is the sum of the values in column D51.

D53. Total of imported content and foreign currency payment

The total imported content and foreign currency payment is the sum of the values in column D32, D45 and D52. This value must correspond with the value of C23 on Annexure C.



5. ANNEXURE E

5.1 Guidelines to completing Annexure E: “Local Con tent Declaration-Supporting Schedule to Annexure C” The paragraph numbers correspond to the numbers in Annexure E

E1. Tender number


E2. Tender description


E3. Designated products

Supply the details of the products that are designated in terms of this tender (for example, buses/canned vegetables).

E4. Tender authority


E5. Tendering entity name

Provide the tendering entity name (for example, Unibody Bus Builders (Pty) Ltd) Ltd).

Local Goods, Services and Works

E6. Description of items purchased

Provide a description of the items purchased locally in the space provided.

E7. Local supplier

Provide the name of the local supplier that corresponds to the item listed in column E6.

E8. Value

Provide the total value of the item purchased in column E6.

E9. Total local products (Goods, Services and Works )

A total local product (goods, services and works) is the sum of the values in E8.

E10. Manpower costs:

Provide the total of all the labour costs accruing only to the tenderer (i.e. not the suppliers to tenderer).

E11. Factory overheads:

Provide the total of all the factory overheads including rental, depreciation and amortisation for local and imported capital goods, utility costs and consumables. (Consumables are goods used by individuals and businesses that must be replaced regularly because they wear out or are used up. Consumables can also be defined as the components of an end product that are used up or permanently altered in the process of manufacturing, such as basic chemicals.)



E12. Administration overheads and mark-up:

Provide the total of all the administration overheads, including marketing, insurance, financing, interest and mark-up costs.

E13. Total local content:

The total local content is the sum of the values of E9, E10, E11 and E12. This total must correspond with C24 of Annexure C.

Declaration Certificate for

Local Production and Content


This standard document must form part of all tender. It contains general information and serves as a declaration form for local content (local production and local content are used interchangeably). Before completing this declaration, tenderers must study the General Conditions, Definitions, Directives applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2011 and the South African Bureau of Standards (SABS) approved technical specification number SATS 1286:201x.

1. General Conditions 1.1. Preferential Procurement Regulations, 2011 (Regulation 9. (1) and 9. (3) make provision for

the promotion of local production and content. 1.2. Regulation 9.(1) prescribes that in the case of designated sectors, where in the award of

tenders local production and content is of critical importance, such tenders must be advertised with the specific tendering condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered.

1.3. Regulation 9.(3) prescribes that where there is no designated sector, a specific tender

condition may be included, that only locally produced services, works or goods or locally manufactured goods with a stipulated minimum threshold for local production and content, will be considered.

1.4. Where necessary, for tenders referred to in paragraphs 1.2 and 1.3 above, a two stage

tendering process may be followed, where the first stage involves a minimum threshold for local production and content and the second stage price and B-BBEE.

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

a manner that the local production and content of the overall value of the contract is reduced to below the stipulated minimum threshold.

1.6. The local content (LC) as a percentage of the tender price must be calculated in accordance

with the SABS approved technical specification number SATS 1286: 201x as follows:

LC = 1 x 100 Where

x imported content y tender price excluding value added tax (VAT)



Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar days) prior to the closing date of the tender as indicated in paragraph 4.1 below.

1.7. A tenderer will be disqualified if:

• the tender fails to achieve the stipulated minimum threshold for local production and

content indicated in paragraph 3 below; and. • this declaration certificate is not submitted as part of the tender documentation.

2. Definitions 2.1. “tender” includes advertised competitive offers, written price quotations or proposals; 2.2. “tender price” price offered by the tenderer, excluding value added tax (VAT); 2.3. “contract” means the agreement that results from the acceptance of a tender by an organ of

state; 2.4. “designated sector” means a sector, sub-sector or industry that has been designated by

the Department of Trade and Industry in line with national development and industrial policies for local production, where only locally produced services, works or goods or locally manufactured goods meet the stipulated minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the

Chief Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member / person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the tender price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the supplier or its subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the tender price which is not included in the imported

content, provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by the Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or

employing another person to support such primary contractor in the execution of part of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local pr oduction and content for this tender

is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______% _______________________________ _______% _______________________________ _______%



4. Does any portion of the services, works or goods offered have any imported content? YES / NO

4.1 If yes, the rate(s) of exchange to be used in this tender to calculate the local content as

prescribed in paragraph 1.6 of the general conditions must be the rate(s) published by SARB for the specific currency at 12:00 on the date, one week (7 calendar days) prior to the closing date of the tender.

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

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

Currency Rates of exchange US Dollar Pound Sterling Euro Yen Other NB: Tenderers must submit proof of the SARB rate (s) of exchange used.



LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICE R OR OTHER LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIE F EXECUTIVE OR SENIOR

MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF TENDER No. ................................................................................. ISSUED BY: (Procurement Authority / Name of Institution): .........................................................................................................................

NB The obligation to complete, duly sign and submit this declaration cannot be transferred to an external authorized representative, auditor or any other third party acting on behalf of the tenderer. I, the undersigned, …………………………….................................................... (full names), do hereby declare, in my capacity as ……………………………………… ……….. of ...............................................................................................................(name of tender entity), the following:

(a) The facts contained herein are within my own personal knowledge. (b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified tender comply with the minimum local content requirements as specified in the tender, and as measured in terms of SATS 1286.

(c) The local content has been calculated using the formula given in clause 3 of SATS 1286, the rates of exchange indicated in paragraph 4.1 above and the following figures:

Tender price, excluding VAT (y) R

Imported content (x) R

Stipulated minimum threshold for Local content (paragraph 3 above)

Local content % , as calculated in terms of SATS 1286

If the tender is for more than one product, a schedule of the local content by product shall be attached.

(d) I accept that Eskom has the right to request that the local content be verified in terms of the requirements of SATS 1286. (e) I understand that the awarding of the tender is dependent on the accuracy of the information furnished in this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in SATS 1286, may result in the Procurement Authority / Institution imposing any or all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000). SIGNATURE: DATE: ___________ WITNESS No. 1 DATE: ___________ WITNESS No. 2 DATE: ___________



Preference Points Claim Form in terms of the

Preferential Procurement Regulations 2011


This preference form must form part of all tenders invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STU DY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE I N RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all tenders:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all

applicable taxes included); and - the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable

taxes included). 1.2 The value of this tender is estimated to exceed/not exceed R1 000 000 (all applicable taxes

included) and therefore the……………………system shall be applicable. 1.3 Preference points for this tender shall be awarded for:

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

1.3.1 The maximum points for this tender are allocated as follows:

POINTS

1.3.1.1 PRICE ………….. 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION …………... Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a tenderer to fill in and/or to sign this form and submit a B-BBEE

Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the tender, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. The purchaser reserves the right to require of a tenderer, either before a tender is

adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.



2. DEFINITIONS 2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax,

unemployment insurance fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured

entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “tender” means a written offer in a prescribed or stipulated form in response to an invitation

by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive tendering processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 “comparative price” means the price after the factors of a non-firm price and all

unconditional discounts that can be utilized have been taken into consideration; 2.7 “consortium or joint venture” means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

2.8 “contract” means the agreement that results from the acceptance of a tender by an organ of

state; 2.9 “EME” means any enterprise with an annual total revenue of R5 million or less . 2.10 “Firm price” means the price that is only subject to adjustments in accordance with the

actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the

tender documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a tenderer;

2.12 “non-firm prices” means all prices other than “firm” prices; 2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency,

calculated at the time of tender invitations, and includes all applicable taxes and excise duties;

2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good

Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-



Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 “trustee” means any person, including the founder of a trust, to whom property is

bequeathed in order for such property to be administered for the benefit of another person. 3. ADJUDICATION USING A POINT SYSTEM 3.1 The tenderer obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis

taking into account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places. 3.4 In the event that two or more tenders have scored equal total points, the successful tender must be the one scoring the highest number of preference points for B-BBEE. 3.5 However, when functionality is part of the evaluation process and two or more tenders have scored equal points including equal preference points for B-BBEE, the successful tender

must be the one scoring the highest score for functionality. 3.6 Should two or more tenders be equal in all respects, the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10

−−=min

min180

P

PPtPs or

−−=min

min190

P

PPtPs

Where Ps = Points scored for comparative price of tender under consideration Pt = Comparative price of tender under consideration Pmin = Comparative price of lowest acceptable tender



5. Points awarded for B-BBEE Status Level of Contri bution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference

points must be awarded to a tenderer for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0

5.2 Tenderers who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by

an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3 Tenderers other than EMEs must submit their original and valid B-BBEE status level verification

certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal

entity, provided that the entity submits their B-BBEE status level certificate. 5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an

unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate tender.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level

certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the tender

documents that such a tenderer intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a tenderer qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract

to any other enterprise that does not have an equal or higher B-BBEE status level than the



person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

6. TENDER DECLARATION 6.1 Tenderers who claim points in respect of B-BBEE Status Level of Contribution must complete

the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIM ED IN TERMS OF PARAGRAPHS

1.3.1.2 AND 5.1 7.1 B-BBEE Status Level of Contribution: …………. = ……………(maximum of 10 or

20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not

applicable) 8.1.1 If yes, indicate: (i) what percentage of the contract will be subcontracted? ............……………….…% (ii) the name of the sub-contractor?………………………………………………………….. (iii) the B-BBEE status level of the sub-contractor? …………….. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm : .............................................................................................

9.2 VAT registration number : .............................................................................................

9.3 Company registration number :……………………………………………………………….

9.4 TYPE OF COMPANY/ FIRM � Partnership/Joint Venture / Consortium � One person business/sole propriety � Close corporation � Company � (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………….. ..................................................................................................................................................

……………… .............................................................................................................................................

……………. ...............................................................................................................................................



9.6 COMPANY CLASSIFICATION � Manufacturer � Supplier � Professional service provider � Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business?………………………………… 9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct; (ii) The preference points claimed are in accordance with the General

Conditions as indicated in paragraph 1 of this form. (iii) In the event of a contract being awarded as a result of points claimed as

shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

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

a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process; (b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct; (c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due to such cancellation;

(d) restrict the tenderer or contractor, its shareholders and directors, or

only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution

WITNESSES:

1. ……………………………………… ……………………………………



SIGNATURE(S) OF TENDERER(S) 2. ……………………………………… DATE:……………………………….. ADDRESS:………………………….. ….……………………………… ……………………………………….



FINANCIAL TENDER

RETURNABLES

CPA Requirements for

Local (South African) and Foreign Goods/Services

T2.1b-1

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

This Section will not be applicable to professional services contract

1. APPLICATION OF CPA

Eskom 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 additional/alternate offers to the abovementioned. Additional Offers, which are optional, will only be considered if a fully compliant Main Offer is submitted and acceptable CPA conditions may apply if the contractual duration is to be longer than 12 months. If the contractual duration will be less than or equal to 12 months, a fixed priced offer must be submitted.

2. TENDER SUBMISSIONS

Tenderers shall comply with the following requirements: a. Main offer :

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

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

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

b. Additional/Alternate offer:

Additional offers, which are optional, will only be considered if a fully compliant main offer is submitted and acceptable:

• A fixed priced offer in addition to the fully CPA compliant main offer; or



• Any other offer with CPA specifications which deviate from the CPA requirements specified in the enquiry. However it is compulsory that all such deviations are sufficiently substantiated.

Additional/Alternate Offers must be clearly indicated as such

3. PROJECT SOURCING’S PRESCRIBED INDEX LIST

The Project Sourcing prescribed index list is included as an appendix to the tender (Appendix T2.1b-1A). The index list comprises indices that are to be used in the Tenderers main offer.

4. FOREIGN PORTION OF THE TENDER/AGREEMENT PRICE

In instances where the prescribed index list does not specify a foreign index which is required for the specific agreement, the following must apply: • The source of an index must be that of the national statistical institute of the relevant country

or a generally acknowledged statistical (e.g. industry) body in or for that country, e.g. BEAMA

and MEPS.

• The index must be the equivalent, or if unavailable, the nearest equivalent index to that of the

specific prescribed local index.

5. NUMBER OF FORMULAE & INDICES

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

• The Tenderer is limited to a maximum of 10 (ten) CPA formulae, i.e.: a maximum of 5 for the local portion and a maximum of 5 for the foreign portion, per offer/agreement.

6. CPA FIXED PORTION

A minimum of 15% of the total agreement value is to be fixed when a CPA formula applies; except in the case of professional services or consulting agreements.

7. BASE DATE

• In instances of indices or other references published monthly, the Base Date is to be:

The month before the month in which the Enquiry closes

• In instances where the reference figures, e.g. market prices, are published daily or at more

intervals than once a month:

The average for the month before the month in which the Enquiry closes

In this case, the following shall apply:

o Where the average is published:



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

o Where a high, low and mean are published:

The mean

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

The Cash Settlement or Cash Sellers Price

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

8. CPA FOR PROFESSIONAL SERVICES

The preferred index to be used for adjusting these agreements is the country specific CPI Headline index. The price adjustment factor will be effective from each contractual anniversary of the base date. This must be the average of the country specific CPI Headline index figures published for the last twelve month period (cycle) ending before the contract anniversary date. No fixed portion is mandatory.

Signed Date

Name Position

tenderer



CPA – PREFFERED INDEX LIST

T2.1b-1A

Table 1: Prescribed Local Index List

Labour Commodities Processed material Transport Oth ers

Labour general

(hourly paid)

SEIFSA, C3, actual

labour cost

Steel

StatsSA, P1215102,

basic iron and steel

Mechanical

engineering material

SEIFSA, G, mechanical


SEIFSA, L2, road

freight costs

StasSA, PO141

CPI (Headline)

OR

SEIFSA, D-1 (CPI)

Copper

SEIFSA, F, copper

metric ton

Electrical


SEIFSA, G, electrical

engineering material Labour general

SEIFSA, C3 (a),

actual labour cost

(field force) where

subsistence

allowance is paid

Aluminium

SEIFSA, R, aluminium

StasSA, PO142.1

(P1000002), PPI

all groups

OR

SEIFSA, U

(Domestic Output)

Zinc

SEIFSA, F, zinc

Building and

construction material

SEIFSA, G, building and

construction material Lead

SEIFSA ,F, lead



Table 2: Prescribed Foreign Index List

Note: Only Eskom acceptable international currencies can be used for tender purposes and the indices to be used will be linked to these currencies.

Labour Commodities Processed

material Transport Others

National

Statistical

Institute,

Country-specific

general labour

index

MEPS,

Country-specific

general steel index

National Statistical

Institute,

Country-specific

mechanical

engineering

material

National

Statistical

Institute,

Country-specific

general transport

cost index

National

Statistical

Institute,

Country-specific

CPI (Headline)

National

Statistical

Institute,

Country-specific

PPI

LME, Copper National Statistical

Institute,

Country-specific

electrical

engineering

material

LME, aluminium

LME, zinc National Statistical

Institute,

Country-specific

building and

construction

material

LME, lead

Closing date of tender __________/__________/__________ TENDERER’S SIGNATURE ______________________________



CPA (IG) Requirements for Imported Goods

T2.1b-2

(ANNEXURE TO PRICE SCHEDULE)

CONTRACT PRICE ADJUSTMENT AND FOREX PAYMENTS – IMPO RTATION

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.

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 Eskom’s 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 acc ount nominated by

the supplier in the contract, and not to any other party);

Applicable (Y/N)

………

b) To a valid SARB approved CFC account in South Af rica, in a foreign

currency (payment will be made to the party and acc ount nominated by

the supplier in the contract, and not to any other party). Service related

payments are excluded from this option;

Applicable (Y/N)

………

or



Payment Method 2: In South African Rand at the sell ing spot rate of exchange obtained by

Eskom’s Treasury on the date that the forward cover is cancelled.

Eskom will notify the supplier of the date that the forward cover is

cancelled as well as the intended payment date, whi ch will be as per the

agreed payment terms. Any exchange rate adjustment after Eskom has

notified the supplier of the date and the rate whic h the forward cover is

cancelled, will be for the account of the supplier.

Applicable (Y/N)………..

An indemnity in writing confirming that the supplier will not buy forward cover is required where

Payment Method 1 or 2 is contracted.

Payment Method 2 must be accepted by the Corporate Procurement and Supply Chain Management

before the tender documentation is sent out, but at the latest before the tender closing date. If it is not

approved before tender closing, Payment Method 1 will be the default

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 either Payment Method 1 or 2 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.

Where Payment Method 2 is used and the exchange rate variation is favourable to Eskom at the date

of payment, Eskom will debit the difference between the invoice value and the amended value at the

date of payment, based on the selling spot rate of exchange obtainable by Eskom's Treasury on the

notified payment date.

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.

Any request for a change of currency during contract execution, shall be substantiated by the

requesting party and be mutually agreed by the parties to the contract. The requesting party shall be

liable to absorb all related costs that Eskom has incurred, in relation to the affected portion, in



securing the hedge, including any losses that Eskom may suffer as a result of cancellation of such

forward cover;

Eskom must not be placed in a worse position than before the requested change, thus the Contractor

will be paid in either:

• the rate at which the cover was cancelled, or

• The tendered rate of exchange.

PART 4: ADJUSTMENT OF OVERSEAS MANUFACTURE, EXPATRI ATE LABOUR AND OTHER

COSTS

(To be read in conjunction with Project Soucing CPA Principles - T2.1b-1)

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 an

Annexure.

4.2 EXPATRIATE LABOUR METHOD


Annexure.

4.3 OTHER VALUES METHOD (e.g. Engineering fees, design fees, barging, inland

transportation, etc)


Annexure.



PART 5: ADJUSTMENT OF LOCAL MANUFACTURE/SUPPLY MAT ERIAL, 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 Project Sourcing CPA Principles (T2.1b-1)

PART 6: GUIDELINES FOR CONTRACT PRICE ADJUSTMENT C LAIMS --- 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 Eskom’s

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 delivery/installation may be submitted. When the

confirmed or revised 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 requested by Eskom the contractor shall submit publications showing base

indices/prices/rates as they become available as well as updated values at three 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 __________/__________/__________ TENDERER’S SIGNATURE _______________________________



Pricing Schedules T2.1b-3

Please refer to C2 PSC3 Pricing Data Option G



TECHNICAL TENDER

RETURNABLES

Schedule of Proposed Sub-contractors / Sub-

consultants

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-contractor’s vendor registration number with Eskom (where applicable) as

well as the sub-contractor’s / sub-consultant’s Level of Contribution to B-BBEE, where such

information is available to the tenderer.

Name and address of proposed Subcontractor/Sub-consultant

Nature and extent of work Vendor Registration Number with Eskom

Level of Contribution to B-BBEE

Signed Date

Name Position

tenderer



Programme & Method

Statements Tender Schedule T2.1c -2

Note to tenderer: Please attach your proposed first programme to this Schedule.

This programme should show:

1. The information required of a programme submitted for acceptance

2. Any other requirements for a programme stated in the scope.

Tenderer may submit comments here if required.

Signed Date

Name Position

tenderer



CVs of Proposed Key

Persons Tender Schedule T2.1c-3

Please describe the management arrangements for the required scope. You are requested to include: 1. An organisation chart showing on site and off-site management 2. CVs for people proposed. 3. Details of the location (and functions) of offices from which the works/services will be managed. 4. An explanation of how you propose to allocate adequate resources to enable you to comply with

the requirements and prohibitions imposed on you by or under the statutory provisions relating to health and safety.

Summary of item s attached to this S chedule:

Signed Date

Name Position

tenderer



Quality Method

Statements Tender Schedule T2.1c-4

Add any other quality documents to be returned or questionnaires to be completed by the tenderer, under this section.

Note to tenderer: Please attach an overview of your proposed quality plan/method statement to this Schedule.


Signed Date

Name Position

tenderer



SHE Method Statements Tender Schedule T2.1c-5

Add any other quality documents to be returned or questionnaires to be completed by the tenderer, under this section.

Note to tenderer: Please attach an overview of your proposed SHE plan to this Schedule.


Signed Date

Name Position

tenderer



Technical Qualifications and Deviation Schedule

Tender Schedule T2.1c-6

Note to tenderer : Please insert a separate document attached to this schedule if the proposed changes are extensive Document No/Name

Detail of proposed change

Propose d change Rationale

Signed Date

Name Position

tenderer



C1 Data related to the Contract Conditions



C2 Description of Works,

Services, Goods

Please refer to C3 1 PSC3 Employers Scope

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