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Bid Form 1 - Acknowledgement Form

We are in receipt of the Request for Proposal (RFP) from Eskom Holdings SOC Ltd and the following addenda issued by Eskom:

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

Correct as stated in the RFP Content List, and that each document is complete. Or:

Incorrect or incomplete for the following reasons:

RFP Number: PSCED0212_________________________________________________________

Name of Company/JV: _______________________________________

Country of Registration: _______________________________________

Name of Contact Person: ______________________________________

Contact Details of Contact Person:

Tel (landline): ______________________

Cell phone: _________________________

E-mail address: ______________________

Bid Form 2 – Bidders Particulars

The bidder must furnish the following particulars where applicable:

Indicate the type of tendering structure by marking with an ‘X’ (where applicable provide

registration number):

Individual Bidder

Unincorporated Joint Venture (registration

number for each member of the JV)

Incorporated JV

Other

Please complete the following:

Name of lead partner/member in case of JV

CIPC Registration Number (for each individual

company / JV member)

VAT registration number (for each individual

company / JV member)

CIDB registration number (for each individual

company/JV member if applicable)

Shareholding information (for each individual

company/JV member) clearly identifying

percentages owned by individual shareholders

(full names & ID Numbers) and other entity

shareholders (provide full legal/trading name

and respective identifying registration/trust

numbers)

Include as separate tender returnable if

required.

Contact person

Telephone number

E-mail address

Postal address (also of each member in the

case of a JV)

Physical address (also of each member of the

JV)

If subcontractors are to be used, indicate the following for the main sub-contractor(s). Add to the list of applicable.

Name of contractor

CIPC Registration number

VAT registration number

CIDB Registration Number (if applicable)

Shareholding organogram /breakdown (for each

individual company/JV member) clearly

identifying percentages owned by individual

shareholders (full names& ID Numbers) and

other entities (provide full legal/trading name

and respective identifying registration/trust

numbers)

Proposed Scope of work to be done by sub-

contractor

Contact person

Telephone number

Fax number

E-mail address

Postal address

Physical address

1. If you are currently registered as a vendor with Eskom, please provide your Vendor registration number with Eskom ________________

2. If you are currently registered as a vendor on the National 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 Treasury’s 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

5. If you are registered on SARS E-filing system, please provide your pin number in order to verify your tax compliant status___________________

6. If you are required to be tax compliant as per SBD 1, but are not registered on CSD (foreign suppliers) or have not provided your SARS E-filing pin, please confirm that you have attached/will send a copy of a current valid tax compliant certificate as a tender returnable (by contract award stage).

YES NO

7. If sub-contracting is prescribed in the specific enquiry, you need to compete 8.1- 8.9

8.1 Confirm if you intend sub-contracting

YES NO 8.2 What percentage will you be sub-contracting? _____% 8.3 To whom do you intend sub-contracting? _______________________________

8.4 Is the said sub-contractor registered on CSD?

YES NO

8.5 If yes to 8.4, please provide CSD number______________________________

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

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

If Eskom decides to apply the sub-contracting provision as specified in Regulation 4(c) all tenders above the prescribed maximum threshold for quotations must be advertised through an open competitive bidding process subject to potential bidders meeting the 30% minimum sub-contracting requirement to EMEs or QSEs that are 51% owned by the following enterprises:

a) EMEs or QSEs that are at least 51% owned by black people; b) EMEs or QSEs that are at least 51% owned by black people who are youth; c) EMEs or QSEs that are at least 51% owned by black people who are women; d) EMEs or QSEs that are at least 51% owned by black people with disabilities; e) EMEs or QSEs that are at least 51% owned by black people living in rural or

underdeveloped areas or townships; f) Cooperatives which are at least 51% owned by black people; g) EMEs or QSEs that are at least 51% owned by black people who are military veterans;h) EMEs or QSEs.

8.8 Please confirm that you have attached your signed intent to sub-contract document

YES NO

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

YES NO

_________________________________________

Bidders are to provide proof of the capacity under which this bid is signed (i.e. proof of authority to sign this bid; e.g. resolution of directors, etc.)

A. Single BiddersI, the undersigned, _________________________________________ (Full names) hereby confirm that I am duly authorised to sign all documents in connection with this tender and any contract resulting from it, on behalf of _____________________ (insert the full legal name of the Bidder).

Signature: ______________________

Designation: ____________________

Date: __________________________

or

B. Joint VenturesWe, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms _______________________________________(full names), an authorised signatory of _______________________________________, (insert the full legal name of the business entity serving as the lead partner) acting in the capacity of lead partner, to sign all documents in connection with the tender and any contract resulting from it on our behalf.

We attach to this Schedule a copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners.

Legal Name of Joint Venture Member

Full Name and Capacity of Authorised Signatory

Signature

Bid Form 3 – Integrity Pact Declaration Form

(Form to be completed and signed by supplier/bidder as RFP returnable or as part of contract modification documentation)

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

the bidder/s employees/directors are also employees/contractors/consultants/ directors in the state or a state owned entity.

the bidder/s employees/directors are also employees/contractors/consultants/ directors of Eskom.

the bidder/s employees/directors are also employees/contractors/consultants or directors in another entity together with Eskom employees/consultants/contractors/ directors.

the legal person/s (including its employees/contractors/directors/members/ shareholders) on whose behalf the tender documents are signed, is in some other way “related” to an Eskom employee/contractor/consultant/director involved in the tender evaluation/tender adjudication/tender negotiation. “Related” meaning that:

an individual is related to another individual of they are married, or live together in a relationship similar to marriage;

or are separated by no more than two degrees of natural or adopted consanguinity or affinity;

an individual is related to a juristic person if the individual directly or indirectly controls the juristic person, as determined in accordance with the definition of “control” (as per Companies Act section 2(1) ); and

a juristic person is “related” to another juristic person if : (1)either of them directly/indirectly controls the other, or the business of the

other, as determined in accordance with the definition of “control”(as per Companies Act section 2(1) );

(2) either is a subsidiary of the other; or (3)a person directly/indirectly controls each of them, or the business of each

of them, as determined in accordance with the definition of “control”. the bidder/s and one or more of the bidders in this tendering/RFP process have a

controlling partner in common, or a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the tender/proposal of another bidder, or influence the decisions of Eskom regarding this bidding process.

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

Full Name & Capacity/ Position within bidder (e.g.

Identity Number Confirm and provide details (including employee

Full Names & Capacity / Position of Eskom

To your knowledgeis this person involved in the

Employee / Director / Member / Owner / Shareholder)

number) if you are a State/State owned entity employee/contractor/ director.

Employee / Director / Consultant and details of the relationship or interest (marital / familial / personal / financial etc.)

evaluation / adjudication / negotiation of tenders

If any employee/director/member/shareholder/owner of bidder/s is also currently employed by Eskom, state whether this has been declared and whether there is authorisation (Y/N) to undertake remunerative work outside public sector employment, and attach proof to this declaration. _________________________

Do the bidder/s and other bidders in this tendering process share a controlling partner or have any relationship with each other, directly or through common third parties? (Y/N) If yes, attach proof to this declaration.________________________

2. DECLARATION OF FAIR TENDERING PRACTICES

This serves as a declaration that when goods/services are being procured, all reasonable steps have been taken to address and/or prevent the exploitation of the procurement process and the use of any unfair tendering practices.

A tender will be disqualified if the bidder/s, or any of its directors have: abused the institution’s procurement process (e.g. bid rigging/collusion) committed fraud or any other improper conduct in relation to such system.

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

Item Question Yes No

1. 1.1 2. Is the bidder/s (or any of its directors/members/shareholders) listed on National Treasury’s Database of Restricted Suppliers as companies/persons prohibited from doing business with the public sector, or listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combatting of Corrupt Activities Act (No 12 of 2004).

3. The Database of Restricted Suppliers and the Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za).

4. 5.

6. 1.2 7. Was the bidder/s (or any of its directors/members/shareholders) convicted by a court of law

8. 9.

(including a court outside South Africa) for fraud and/or corruption with respect to the procurement/tendering processes/procedures during the past five years?

10. 1.2.1Provide details.

11. 1.3

Was the bidder/s (or any of its directors / members / shareholders) prohibited from doing business with any International Financial Development/funding Agency or Lending Institution?

12. 13.

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 bidder)

I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all information furnished herein is correct, that it is understood that the bidder’s tender/proposal may be rejected, and that Eskom will act against the bidder should any aspect of this this declaration prove to be false.

Signature:

Designation and capacity in which signing:

Date:

Joint Ventures

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

I declare that I have read and understood the provisions of the Supplier Integrity Pact, that all information furnished herein is correct, that it is understood that the JV’s tender/proposal may be rejected, and that Eskom will act against the JV should any aspect of this this declaration prove to be false.

Signature:

Designation and capacity in which signing:

Date:

(A copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is

authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners is attached to the RFP).Bid Form 4 – Confirmation of Receipt of Addenda to Enquiry Document

We confirm that the following communications received from the Employer before the submission of this [tender/proposal], amending the tender documents, have been taken into account in the [tender/proposal]:

Item Date Received Title or Description

1.

2.

3.

4.

5.

6.

(Attach additional pages if more space is required)

__________________________________________________Name and Designation

_____________________________________________________Signature

Bid Form 5 – SBD1

PART AINVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)BID NUMBER: CLOSING DATE: CLOSING TIME:DESCRIPTIONTHE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TCS PIN: OR CSD No:B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE[TICK APPLICABLE BOX]

Yes

No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

Yes

NoIF YES, WHO WAS THE CERTIFICATE ISSUED BY?AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) AND NAME THE APPLICABLE IN THE TICK BOX

AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS)A REGISTERED AUDITORNAME:

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No

[IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No

[IF YES ANSWER PART B:3 BELOW ]

SIGNATURE OF BIDDER ……………………………… DATECAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. resolution of directors, etc.)

TOTAL NUMBER OF ITEMS OFFEREDTOTAL BID PRICE (ALL INCLUSIVE)

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:DEPARTMENT/ PUBLIC ENTITY CONTACT PERSONCONTACT PERSON TELEPHONE NUMBERTELEPHONE NUMBER FACSIMILE NUMBER

FACSIMILE NUMBER E-MAIL ADDRESSE-MAIL ADDRESS

PART BTERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE

ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE

1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: ( BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.

1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.

1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER.

2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO

3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

Bid Form 6 – Compulsory Declaration

The following particulars must be furnished. In the case of a joint venture, separate declarations in respect of each partner must be completed and submitted.

Section 1: Enterprise details

Name of enterprise

Contact person

Email

Telephone

Cell

Fax

Physical address

Postal address

Section 2: Particulars of companies and close corporations

Company / Close Corporation registration number

Section 3: SARS information

Tax reference number

VAT registration number(state Not Registered if not registered for VAT)

Section 4: CIDB registration number

CIDB Registration number (if applicable)

Section 5: Particulars of principalsprincipal: means a natural person who is a partner in a partnership, a sole proprietor, a director of a company established in terms of the Companies Act of 2008 (Act No. 71 of 2008) or a member of a close corporation registered in terms of the Close Corporations Act, 1984, (Act No. 69 of 1984).

Full name of principal Identity number Personal tax reference number

Attach separate page if necessary

Section 6: Record in the service of the state

Indicate, by marking the relevant boxes with a cross, if any principal is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

member of any provincial legislature

member of the National Assembly or the National Council of Provinces

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act of 1999 (Act No. 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

Name of principal Name of institution, public office, board or organ

of state and position held

Status of service(tick appropriate column)Current Within last

12 months

Insert separate page if necessary

Section 7: Record of family member in the service of the statefamily member: a person’s spouse, whether in a marriage or in a customary union according to indigenous law, domestic partner in a civil union, or child, parent, brother, sister, whether such a relationship results from birth, marriage or adoption

Indicate, by marking the relevant boxes with a cross, if any family member of a principal as

Defined in section 5 is currently or has within the last 12 months been in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly orthe National Council of Provinces

a member of the board of directors ofany municipal entity

an official of any municipality ormunicipal entity

an employee of any provincial department, national or provincial public entity or constitutional institutionwithin the meaning of the Public Finance Management Act of 1999 (Act No. 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

Name of principal Name of institution, public office, board or organ

of state and position held

Status of service(tick appropriate column)Current Within last

12 months

Insert separate page if necessary

Section 8: Record of termination of previous contracts with an organ of state

Was any contract between the tendering entity, including any of its joint venture partners, terminated during the past five years for reasons other than the employer no longer requiring such works or the employer failing to make payment in terms of the contract?

Yes No (tick appropriate box)

If yes, provide particulars (insert separate page if necessary)

Section 9: Declaration

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the tendering entity, confirms that the contents of this Declaration are within my personal knowledge, save where stated otherwise in an attachment hereto, and to the best of my belief is both true and correct, and that:

i) neither the name of the tendering entity, nor any of its principals, appears on:

a) the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004 (Act No. 12 of 2004); orb) National Treasury’s Database of Restricted Suppliers (see www.treasury.gov.za);

ii) the tendering entity or any of its principals has not been convicted of fraud or corruption by a court of law (including a court outside of the Republic of South Africa) within the last five years;

iii) any principal who is presently employed by the state has the necessary permission to undertake remunerative work outside such employment (attach permission to this declaration);

iv) the tendering entity is not associated, linked or involved with any other tendering entities submitting tender offers;

v) the tendering entity has not engaged in any prohibited restrictive horizontal practices, including consultation, communication, agreement, or arrangement with any competing or potential tendering entity regarding prices, geographical areas in which goods and services will be rendered, approaches to determining prices or pricing parameters, intentions to submit a tender or not, the content of the submission (specification, timing, conditions of contract, etc.) or intention to not win a tender;

vi) the tendering entity has no other relationship with any of the bidders or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest;

vii) neither the bidder nor any of its principals owes municipal rates and taxes or municipal service charges to any municipality or a municipal entity, and are not in arrears for more than three months;

viii) SARS may, on an on-going basis during the term of the contract, disclose the bidder’s tax compliance status to the Employer and, when called upon to do so, obtain the written consent of any subcontractors who are subcontracted to execute a portion of the contract that is entered into in excess of the threshold prescribed by National Treasury, for SARS to do likewise.

Signed ___________________________ Date____________________________

Name___________________________ Position__________________________

Enterprise name____________________________________________________________

NOTE 1: The Standard Conditions of Tender contained in SANS 10845-3 prohibits anticompetitive practices (clause 3.1) and requires that bidders avoid conflicts of interest, only submit a tender offer if the bidder or any of his principals is not under any restriction to do business with the Employer (4.1.1) and submit only one tender either as a single tendering entity or as a member in a joint venture (clause 4.13.1). Clause 5.7 also empowers the Employer to disqualify any bidder who engages in fraudulent and corrupt practice. Clause 3.1 also requires bidders to comply with all legal obligations.

NOTE 2: Section 30(1) of the Public Service Act, 1994, prohibits an employee (person who is employed in posts on the establishment of departments) from performing or engaging remunerative work outside his or her employment in the relevant department, except with the written permission of the executive authority of the department. When in operation, Section 8(2) of the Public Administration Management Act, 2014, will prohibit an employee of the public administration (i.e. municipalities and all national departments, national government components listed in Part A of Schedule 3 to the Public Service Act, provincial departments including the office of the premier listed in Schedule 1 of the Public Service Act and provincial departments listed in schedule 2 of the Public Service Act, and provincial government components listed in Part B of schedule 3 of the Public Service Act) or persons contracted to executive authorities in accordance with the provisions of section 12A of the Public Service Act of 1994 or persons performing similar functions in municipalities, from conducting business with the State or to be a director of a public or private company conducting business with the State. The offence for doing so is a fine or imprisonment for a period not exceeding five years, or both. It is also a serious misconduct which may result in the termination of employment by the employer.

NOTE 3: Regulation 44 of Supply Chain Management regulations issued in terms of the Municipal Finance Management Act of2003 requires that municipalities and municipal entities should not award a contract to a person who is in the service of the State, a director, manager or principal shareholder in the service of the State or who has been in the service of the State in the previous twelve months.

NOTE 4: Regulation 45 of Supply Chain Management regulations requires a municipality or municipal entity to disclose in the notes to the annual statements particulars of any award made to a close family member in the service of the State.

NOTE 5: Corrupt activities which give rise to an offence in terms of the Prevention and Combating of Corrupt Activities Act of 2004, include improperly influencing in any way the procurement of any contract, the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any contract, and the manipulating by any means of the award of a tender.

NOTE 6: Section 4 of the Competition Act of 1998 prohibits restrictive horizontal practice, including agreements between parties in a horizontal relationship, which have the effect of substantially preventing or lessening competition, directly, or indirectly fixing prices or dividing markets or constituting collusive tendering. Section 5 also prohibits restrictive vertical practices. Any restrictive practices that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties.

Bid Form 7 - Bidder / Supplier Declaration of Fair Bidding Practice

(TO BE PLACED ON THE Bidder’s LETTERHEAD)

TO: ESKOM HOLDINGS SOC 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 bidder or person, or in any way colluded with any other bidder or person in

connection with this Enquiry No. PSCED0212

Signed Date

Name Position

Name of Bidder

Bid Form 8 – PPA Contract Qualification Schedule

Comment No.

PPA Clause No.

Proposed amendment including reason for change and benefit to

Eskom

Effect on Price (in

ZAR)

Any other comments

Only proposed amendments included in this table can be considered.

Bid Form 9 – Request for Clarification Form

Enquiry Reference Number: PSCED0212

TO:ESKOM HOLDINGS SOC LIMITED's Representative FROM:

Attention: Vuyokazi Ndlwana Sender:

E-mail: [email protected] No:

Date Submitted:

E-mail address:

Ref # Clarification Request(State question / Matter requiring clarification)

Enquiry Reference(Section & Page Number)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Bid Form 10 – Tax Clearance Certificate

Bidders shall provide a CSD or SARS E-filing pin number. Foreign bidders (who have answered yes to any of the questions in the relevant section of SBD 1 and who have not provided a CSD or SARS Efiling pin number, will need to provide a copy of a current valid SARS Tax Clearance Certificate(s).

Bid Form 11 – Employment Equity Certificate / Report

To the extent that the Bidder falls within the definition of a “Designated Employer” as contemplated in the Employment Equity Act 55 of 1998, the Designated Employer is required to furnish Eskom Holdings SOC Limited with proof of compliance with the Employment Equity Act.

Bid Form 12 – Shareholding Information

Bidders shall provide a Shareholder Certificate(s).

Bid Form 13 – Declaration Regarding Mandatory Requirements

No. Gatekeeper Yes / No

1. The generation facility is located within borders of South Africa.

2.The capacity to be made available as the Contracted Capacity for the facility under the PPA is not less than 1MW.

3.The capacity relatable to the Contracted Capacity is incremental.

4.Scheduled Commercial Operation Date (SCOD) is on or before 31 December 2019.

Bidders to confirm YES or NO for each question above

Bid Form 14 – Declaration Regarding Arrangements with Electricity Supplier



I _____________________________________________, (full names and surname) in my

capacity as _______________________________________confirm that I am duly authorised to

make this declaration. I confirm that all information supplied herein is to the best of my knowledge

true and correct and I state as follows:

1. ………………………………… (insert full registered name of the entity) has a valid Electricity

Supply Agreement with its electricity provider ………………………(state Eskom or the name of

municipality or other distributor) which was entered into on the ………………………..(state

date) and will remain valid for the duration of the term of the Power Purchase Agreement.

2. ………………………………… (insert full registered name of the entity) is in a position to

forward a copy of this agreement to Eskom immediately upon request.

3. ………………………………… (insert full registered name of the entity) confirms that it has

discussed with and has received approval from its electricity provider ……………….

……………………(state Eskom or the name of municipality or other distributor) to participate

in this Enquiry No. PSCED0212 and approval to conclude a Reconciliation / Amendment

Agreement for the reconciliation of power where applicable. A letter confirming this approval

from ………………………(state Eskom or the name of municipality or other distributor) is

attached to this declaration.

I understand that Eskom may disqualify the bid submission and accept that Eskom reserves it’s

right to act against the Bidder and/or the bidding group or me personally in terms hereof, should

this declaration prove to be false.

Signed Date

Name Position

Name of Bidder

Bid Form 15 – Declaration Regarding Incremental Capacity







1. ………………………………… (insert full registered name of the entity) confirms that the

following is a complete list of Eskom programmes (such as DMP; IDM/DSM programmes;

etc.) that ………………………………… (insert full registered name of the entity) is

participating in and declares that by entering into a Power Purchase Agreement under this

Enquiry No. PSCED0212, it will not receive any additional financial benefit for the same

energy that is being incentivised under any other Eskom or other programme:

a. ………………………………..b. ………………………………..c. ………………………………..

2. The actual generation profile data of the Facility submitted as part of the Bid Submission

for the period 01 April 2017 to 31 March 2019 clearly demarcates any generation under

any previous or current contractual agreements which includes the initiatives in item 1

above.



this declaration prove to be false which could result in termination of the Power Purchase

Agreement.

Signed Date

Name Position

Name of Bidder

Bid Form 16 – Bid Information Schedule

Bidders are required to submit the following information:

Item DataScheduled Commercial Operation Date (COD) (cannot be later than 31 December 2019)

Installed Capacity (kW)

Net Capacity (kW)

Contracted Capacity (kW) (cannot be less than 1 MW)

Base Energy Rate (R/kWh)

Geographical location/province and magisterial district (Facility must be located within borders of South Africa)

Eskom Vendor Number (for Eskom registered vendors)

Bid Form 17 – Baseline - Generation Profile

The capacity to be contracted in terms of this RFP must be incremental. The Bidder must submit the actual generation profile data of the facility for the period 01 April 2017 to 31 March 2019 clearly demarcating any generation under any previous or current contractual agreements.

Historical Actual Generation Profile

Peak (MWh) Off Peak (MWh)

April 2017May 2017June 2017July 2017August 2017September 2017October 2017November 2017December 2017January 2018February 2018March 2018April 2018May 2018June 2018July 2018August 2018September 2018October 2018November 2018December 2018January 2019February 2019March 2019

Historical Generation Profile relatable to other

contractual agreements (if applicable)


April 2017May 2017June 2017July 2017August 2017September 2017October 2017November 2017December 2017January 2018February 2018March 2018April 2018May 2018June 2018July 2018August 2018September 2018October 2018November 2018December 2018January 2019February 2019March 2019

In addition, the Bidder also needs to provide its Own Generation Profile and its Own Generation Capacity in MWs.

Forecast of Own Generation Profile


June 2019July 2019August 2019September 2019October 2019November 2019December 2019January 2020February 2020March 2020April 2020May 2020June 2020July 2018August 2020September 2020October 2020November 2020December 2020

Own Generation Profile Capacity: _________ [INSERT] MW

*Note: Eskom may consider developing an hourly Own Generation Profile Capacity.Bid Form 18 – Forecast of Contracted Generation Profile

(MWh / TOU period / month)

Month Peak (MWh) Off Peak (MWh)June 2019July 2019August 2019September 2019October 2019November 2019December 2019January 2020February 2020March 2020April 2020May 2020June 2020July 2020August 2020September 2020October 2020November 2020December 2020

* Bidders to provide the forecast for the 12 month period starting from their bid in SCOD, which can be no later than 31 December 2019.

Bid Form 19 – Particulars of Facility (Schedule 1 to PPA)

Bidders must in relation to each Facility proposed by them complete and submit Schedule 1 (Bid for Generation Energy) to the PPA

SCHEDULE 1

DETAILS OF THE PROJECT AND FACILITY

Part 1

Facility

[Seller to provide a one paragraph description of the Facility and its components and a scale map of the Facility showing the layout of the Project, including location of the Facility, substation and cables up to the Delivery Point and the location of the Metering Installation]

_____________________________________________________________________________

Gross Capacity: ___________________ (kW)

Net Capacity: ___________________ (kW)

Contracted Capacity: ___________________ (kW)

Generating Technology: __________________________________

Type of Fuel: _____________________________________________

Location: Street Address, city and province of Generation Facility: ___________________

________________________________________________________________

GPS coordinates: ______________________________

System to which the Source Facility will be connected and nearest substation:

_______________________________________________.

Name of licensed Electricity Supplier: ______________________________________

Electricity Account Number: ____________________________________________

Scheduled COD: ___________________

Distributor or NTC: ___________________

Point of Delivery: ___________________

The physical point where the commercial energy is to be delivered by the Seller to the Buyer as

described in Annex 1 to Schedule 1 hereto (Single Line Diagram)

Part 2

Single Line Diagram

[Seller to provide single line diagram of the facility with a clear demarcation of the following:Ownership and operational boundaries;Delivery Point;Point of Connection (as defined in the Distribution Agreement); and Substation.]

Bid Form 20 – Declaration Regarding Grid Connection and Metering Installation







1. ………………………………… (insert full registered name of the entity) is satisfied that its Project is able to comply with the applicable Codes prior to Scheduled COD.

a. ………………………………… (insert full registered name of the entity) confirms the following deviation from the Code requirements for connection to the System:

o …………………………………………………………………………………………………

o …………………………………………………………………………………………………

b. ………………………………… (insert full registered name of the entity) confirms that it has discussed these deviations with the relevant Responsible Authority and It has been agreed that the Bidder will be exempt from some or all of the compliance requirements normally necessary for this type and/or size of connection (See attached signed confirmation of the exemption by the relevant authority e.g. NERSA)

2. ………………………………… (insert full registered name of the entity) is satisfied that its Metering Installation shall comply with the Codes as well as any additional Eskom requirements prior to the Scheduled COD.

a. ………………………………… (insert full registered name of the entity) confirms the following deviation from the Code requirements for the Metering Installation of the Facility:

o …………………………………………………………………………………………………

o …………………………………………………………………………………………………

b. ………………………………… (insert full registered name of the entity) confirms that it has discussed these deviations with the relevant Responsible Authority and It has been

agreed that the Bidder will be exempt from some or all of the compliance requirements normally necessary for this type and/or size of Facility (See attached signed confirmation of the exemption by the relevant authority e.g. NERSA)



this declaration prove to be false.

Signed Date

Name Position

Name of Bidder

Bid Form 21 – Historical (Actual Generation Profile) Metering Data

The Bidder must provide in excel format, the hourly metering data (i.e. in MWh) of the Facility’s actual generation for the previous two years commencing 1 April 2017 to 31 March 2019.

Bid Form 22 – Pricing Input Sheet

Price (R/kWh)Base Energy Rate

Peak Energy Rate(Base Energy Rate x 1.309)

Off-Peak Energy Rate(Base Energy Rate x 0.485)

etenders.treasury.gov.za forms... · web viewi understand that eskom may disqualify the bid...

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