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ESKOM HOLDINGS SOC LTD CONTRACT NUMBER _____________ MANUFACTURE AND SUPPLY OF SEAMLESS BOILER TUBE STRAIGHTS PART 3: SCOPE OF WORK Document reference Title No of pages This cover page 1 C3.1 Purchaser’s Goods Information 4 C3.2 Supplier’s Goods Information Total number of pages PART C3: SCOPE OF WORK 1 C3 SC3 COVER PAGE

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ESKOM HOLDINGS SOC LTD CONTRACT NUMBER _____________MANUFACTURE AND SUPPLY OF SEAMLESS BOILER TUBE STRAIGHTS

PART 3: SCOPE OF WORK

Document reference

Title No of pages

This cover page 1

C3.1 Purchaser’s Goods Information 4

C3.2 Supplier’s Goods Information

Total number of pages

PART C3: SCOPE OF WORK 1 C3 SC3 COVER PAGE

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C3.1: PURCHASER’S GOODS INFORMATION

Contents

Part 3: Scope of Work................................................................................................................................. 1C3.1: purchaser’s goods information........................................................................................................21. Specification........................................................................................................................................... 43 Constraints on how the Supplier Provides the Goods.....................................................................133.1 Work to be done by the Delivery Date............................................................................................13

3.2 Services & other things to be provided by the Purchaser or Supplier.............................................13

3.3 Management meetings................................................................................................................... 13

3.4 Documentation control....................................................................................................................13

3.5 Health and safety risk management................................................................................................14

3.6 Environmental constraints and management..................................................................................14

3.7 Quality assurance requirements.....................................................................................................14

3.8 Invoicing and payment....................................................................................................................15

3.9 Insurance provided by the Purchaser.............................................................................................15

3.10 Contract change management........................................................................................................15

3.11 Provision of bonds and guarantees.................................................................................................16

3.12 Procedure for submission and acceptance of Supplier’s design.....................................................16

3.13 Purchaser’s design......................................................................................................................... 16

3.14 Other requirements of the Supplier’s design...................................................................................16

4 Procurement......................................................................................................................................... 164.1 Subcontracting................................................................................................................................ 16

4.1.1 Preferred subcontractors 16

4.2 Plant and Materials......................................................................................................................... 16

4.2.1 Quality 16

4.2.2 Plant & Materials provided “free issue” by the Purchaser 17

4.2.3 Supplier’s procurement of Plant and Materials 17

4.2.4 Spares and consumables 17

4.3 Tests and inspections before delivery.............................................................................................17

5 Construction......................................................................................................................................... 175.1 Temporary works, Site services & construction constraints............................................................17

5.1.1 Purchaser’s Site entry and security control, permits, and Site regulations 17

5.1.2 Restrictions to access on Site, roads, walkways and barricades 17

5.1.3 People restrictions on Site; hours of work, conduct and records 18

5.1.4 Health and safety facilities on Site 18

5.1.5 Site services and facilities 18

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5.2 Completion, testing, commissioning and correction of Defects.......................................................18

5.2.1 Work to be done by the Completion Date 18

5.2.2 Commissioning 18

5.2.3 Start-up procedures required to put the goods into operation 18

5.2.4 Take over procedures 18

5.2.5 Access given by the Purchaser for correction of Defects 18

5.2.6 Performance tests after Completion 19

5.2.7 Training and technology transfer19

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1. Specification

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3 Constraints on how the Supplier Provides the Goods

1.1 Work to be done by the Delivery DateWork to be completed by the delivery date can be defined [but not exclusively restricted] to the following:

1. Supply of the goods to the Purchaser’s site or offices.2. Site work that includes installation.3. Site work that includes commissioning.

1.2 Services & other things to be provided by the Purchaser or SupplierIn addition to the supply of the tested goods to the Purchaser’s site or offices, the Supplier shall supply the relevant delivery documentation to the Purchaser.

In addition to the installation site work, the Supplier shall supply a signed off (by Supplier) installation check sheet to the Purchaser for approval and sign off. The check sheet template shall be approved by the Purchaser prior to its use.

In addition to the commissioning work, the Supplier shall supply a signed off (by Supplier) commissioning check sheet to the Purchaser for approval and sign off. The check sheet template shall be approved by the Purchaser prior to its use.

Only once the check sheets are signed off by the Purchaser will the work be deemed completed.

1.3 Management meetingsRegular meetings of a general nature may be convened and chaired by the Project Manager as follows:

Title and purpose Approximate time & interval Location Attendance by:

Risk register and compensation events

“As and when needed” ESKOM Megawatt Park

Technical Specialists, Supplier Representative, Quality Specialist, Strategic Sourcing Representative/s

Overall contract progress and feedback

Monthly on date and time as agreed

Teleconference or as agreed

Technical Specialists, Supplier Representative, Project Manager

Meetings of a specialist nature may be convened as specified elsewhere in this Works Information or if not so specified by persons and at times and locations to suit the Parties, the nature and the progress of the works. Records of these meetings shall be submitted to the Project Manager by the person convening the meeting within five days of the meeting.

All meetings shall be recorded using minutes or a register prepared and circulated by the person who convened the meeting. Such minutes or register shall not be used for the purpose of confirming actions or instructions under the contract as these shall be done separately by the person identified in the conditions of contract to carry out such actions or instructions.

1.4 Documentation controlAll contractual communications will be in the form of properly compiled letters or forms attached to emails and not as a message in the e mail itself.

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Documentation shall be exchanged between the relevant parties, shall also be copied to the Project Manager.

The Supplier shall maintain an up-to-date project schedule file that shall be provided to the Employer on a regular basis.

The Supplier shall maintain a Field Failure management system and produce monthly Key Performance Indicators on supplied equipment.

The Supplier shall maintain an Order Condition Report indicating the status of all the Purchaser’s orders.

1.5 Health and safety risk managementThe Supplier or Supplier’s representative shall comply with the health and safety requirements contained in:

1. Occupational health and Safety Act (Act No 85 of 1993)2. EST 32-136 Eskom Procedure on the Management of Construction Safety, Health and Environmental Aspects3. EST 32-726 SHE Requirements for the Eskom Commercial Process

The Supplier or Supplier’s representative shall supply a Health and Safety Plan (safety file) in accordance with the Occupational Health and Safety Act, , prior to the commencement of work which shall be approved by the safety for compliance.

The Supplier or Supplier’s representative shall supply the Project Manager with a monthly safety report indicating the total number of employees responsible for the work to be supplied to the client and details of any incidents/accidents.

1.6 Environmental constraints and managementThe Supplier shall comply with the environmental criteria and constraints stated in the Purchaser’s Standard:

1. EST 32-136 Eskom Procedure on the Management of Construction Safety, Health and Environmental Aspects

2. TST 41-120 Environmental Requirements for the Procurement of Assets, Goods and Services

Where applicable, the main Supplier must ensure that all sub-contractors’ comply with legal and other requirements. The main (principal) contract shall define the specific system elements (risks) applicable to the subcontractor’s scope of work or supply.

Should there be concerns regarding environmental performance and non-conformance to environmental requirements, management should give the Eskom project Manager report with details on how they are going to address the non-conformance.

Suppliers will be required to prepare a separate mitigation plan (method statement / EMP) for all environmental concerns raised through the Eskom Transmission Environmental Management Plan and in any other relevant meetings.

1.7 Quality assurance requirements

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The Contractor’s Quality Management System shall, as a minimum be documented in accordance with ISO 9001: 2008. It is preferred that the Quality Management System shall have been certified by an ISO accredited body.

The Contractor’s Quality Management System shall be in accordance with Eskom standard 240-51544462.

The Contractor will comply with the indicated requirements on Annexure A and B of the Supplier Contract Quality Requirements Specification, QM-58.

The end of each phase of development for each product type shall be taken as a quality holding point. Subsequent phases shall not be concluded prior to sign-off of earlier phases. All Factory Acceptance Tests shall be witnessed by Employer’s representatives.

During the course of this contract, the Contractor shall develop detailed Quality Control plans for the manufacture, testing and supply of each product, and for the total integrated substation solution as will be applicable to a supply-phase contract for these items.

1.8 Invoicing and paymentWithin one week of receiving a payment certificate from the Service Manager in terms of core clause 51.1, the Supplier provides the Purchaser with a tax invoice showing the amount due for payment equal to that stated in the Service Manager’s payment certificate.

The Supplier shall address the tax invoice to Eskom Holdings SOC Limited, 1 Maxwell Drive, Sunninghill, 2191 and include on each invoice the following information:

Name and address of the Supplier and the Service Manager; The contract number and title; Supplier’s VAT registration number; The Purchaser’s VAT registration number 4740101508; Description of service provided for each item invoiced based on the Price List; Total amount invoiced excluding VAT, the VAT and the invoiced amount including VAT; (add other as required)

Invoices can be sent electronically to [email protected]. Only PDF invoices from the system are acceptable (This could be done in Excel, word or any other system and directly converted into PDF). No scanned PDF will be accepted.

1.9 Insurance provided by the PurchaserRefer to Clause X8 Risk: Insurance and Indemnity

1.10 Contract change management Products and systems relating to this contract shall generally be subject to a design freeze for the duration of the contract. This includes standardization of all hardware, firmware and software of devices. Any modification shall be subject to the complete retesting of the product as per its original acceptance by the Purchaser.

In the event of a change request being initiated by the Supplier, all costs, except for those associated with witnessing/verification by the Purchaser, shall be for the Supplier’s account.

The Supplier shall inform the Purchaser of any software, firmware or hardware update that becomes available for devices used on the contract, specifically where the update relates to a problem or deficiency which may affect its reliable or safe operation. The Supplier shall provide the Purchaser’s technical representative with reasons for the change, shall provide details of the change, and shall declare all associated effects (e.g. impact on performance, communications, settings, and interoperability with previous versions).

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The Purchaser shall not be obliged to undertake the evaluation of new firmware versions or new versions of hardware or software for each new version released by the Supplier. This decision shall be taken by the Purchaser’s appointed technical representative.

Updated product/device firmware or hardware shall not be considered for evaluation by the Purchaser unless supported by updated documentation describing all new or altered features.

1.11 Provision of bonds and guaranteesThe form in which a bond or guarantee required by the conditions of contract (if any) is to be provided by the Supplier is given in Part 1 Agreements and Contract Data, document C1.3, Sureties.

The Purchaser may withhold payment of amounts due to the Supplier until the bond or guarantee required in terms of this contract has been received and accepted by the person notified to the Supplier by the Project Manager to receive and accept such bond or guarantee. Such withholding of payment due to the Supplier does not affect the Purchaser’s right to termination stated in this contract.

1.12 Procedure for submission and acceptance of Supplier’s designThe submission and acceptance of the Supplier’s design shall follow a formal process with the Project Manager as the Purchaser’s entry point.

All design, supporting documents and drawings that are to be developed as part of the works shall be subject to acceptance by the Purchaser and shall be subject to the period of reply, unless agreed otherwise between the parties.

Periods for acceptance of documents and drawings shall be included within the programme of work.

1.13 Purchaser’s designThe Supplier shall comply with the requirements as specified in the Seamless boiler tube straights specification

1.14 Other requirements of the Supplier’s designThe Supplier shall maintain a record of all products supplied on this contract. The record shall include product designations, serial numbers and manufactured dates. Details shall be kept of the part/model numbers, serial numbers and firmware versions of all devices. The record shall be available to the Purchaser at no charge on request.

The Supplier shall maintain a record of all settings and configurations of all devices delivered on this contract. This shall apply to the total contract duration.

2 Procurement

2.1 Subcontracting2.1.1 Preferred subcontractorsThe Supplier shall disclose any subcontracting agreements for the purposes of this contract prior to contract award.

2.2 Plant and Materials2.2.1 QualityThe supplier shall comply with the requirements in Data by Purchaser, Clause 4 (Testing and Defects). The warranty shall include the repair of all failures due to latent defects (i.e. excluding failure due to mishandling or misuse of the equipment by the Purchaser or the Purchaser’s representatives, and excluding normal wear and tear). Any charges associated with the repair/replacements

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and shipping of the defective equipment from the Supplier’s local office to and from the works of the overseas principal shall be for the Supplier’s expense. 2.2.2 Plant & Materials provided “free issue” by the PurchaserThe Supplier shall comply with the requirements as specified in the Seamless boiler tube straights specification

2.2.3 Supplier’s procurement of Plant and MaterialsThe Purchaser requires that warranties from other suppliers to be in favour of the Purchaser and not just to the Supplier during the life of the contract.

2.2.4 Spares and consumablesSpare devices shall be available from the Supplier for a period of at least 10 years subsequent to the expiry of the contract. Spares shall be carried at the Supplier’s local works. The size of the spares holding shall be negotiated with the Supplier at a later stage.

The Supplier shall maintain an up-to-date register of at least three contact persons who may be contacted regarding spares. This information shall be communicated to the Purchaser when any of the details contained therein are altered.

All spares shall be delivered in approved cases suitable for storing such parts over a period of 10 years without damage or deterioration.

The Supplier shall, at the earliest opportunity, notify the Purchaser of the planned discontinuation of any products used in this contract.

2.3 Tests and inspections before deliveryThe Supplier shall keep records of all test reports for equipment and submit a copy with each consignment.

3 Construction

3.1 Temporary works, Site services & construction constraints3.1.1 Purchaser’s Site entry and security control, permits, and Site regulationsThe Purchaser’s substations are governed by strict entrance requirements. The Supplier or Supplier’s representative shall adhere to the requirements applicable to the site for which access is required. The Supplier or Supplier’s representative to ensure where authorisation is required in ORHVS, it is obtained in advance to commencing of any work.

The Purchaser shall be given timeous notification of the requirement to enter a particular site (notification period to be confirmed with the Purchaser at a later stage)The Supplier or Supplier’s representative must attend safety induction training and familiarization which will be provided by the Purchasers safety officer before commencement of any work on site.

Commencement of such work is subjected to approval of the Supplier or Supplier’s representative’s safety file for compliance to site and scope of work specific requirements.

3.1.2 Restrictions to access on Site, roads, walkways and barricadesThe Supplier or Supplier’s representative shall, pending fulfilment of Clause 5.1.1, be granted access to the Purchaser’s site.

Supplier or Supplier’s representative shall at all times adhere to the Purchaser’s Operational Regulations for High Voltage Systems and ensure that only duly authorised personnel supervises any work begin done. The Supplier or Supplier’s representative’s employees shall at all times work under direct supervision.

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Access shall be limited to the roadway leading up to the control building, and access to the control building for the express purpose of erecting the goods. The Supplier or Supplier’s representative shall not be permitted access to the E/HV substation yard and shall not in any way interfere with existing equipment within the control building or substation at large.

3.1.3 People restrictions on Site; hours of work, conduct and recordsThe Purchaser’s normal working times are from 08h00 to 16h00. The normal working week is Monday to Friday excluding public holidays of the Republic of South Africa. Working outside these times will be allowed if arranged with and agreed upon by with the Purchaser. Further information will be provided to the Supplier when required.

3.1.4 Health and safety facilities on Site The Supplier or Supplier’s representative shall not rely on any health and safety facilities to be provided by the Purchaser. In particular, the Supplier shall provide his own personal protective equipment and first aid equipment as required for the applicable Purchaser’s site and as deemed by the Supplier to be applicable.

The Supplier shall also provide for emergency plan based on the risks identified that caters for medical services and medical evacuation and rescue services for his/her employees and contractors

All Supplier injuries shall be reported to the Purchaser’s project manager.

3.1.5 Site services and facilitiesThe Purchaser will not provide site services or facilities in relation to this contract except that some progress meetings may be held at the Purchaser’s offices. In the latter case, standard meeting facilities shall be provided.

The Purchaser cannot guarantee that all sites will have power (220VAC), water, waste disposal and ablutions that are functioning; however such information will be made available upon request by the Supplier. The Supplier shall provide everything else necessary for providing the Works.

3.2 Completion, testing, commissioning and correction of Defects3.2.1 Work to be done by the Completion DateOn or before the Completion Date the Supplier shall have done everything required to provide the Works.

3.2.2 CommissioningSuppliers shall perform end-to-end commissioning of the complete installation as part of the Works. the Purchaser’s staff will be responsible for any commissioning work required on the Enterprise end, for which the Supplier shall inform the Purchaser of any such work required and collectively agree upon the date by which it will occur. All configuration changes required to Enterprise systems shall be provided by the Supplier to the Purchaser at least one (1) week before such time. The accountability shall reside with the Supplier for the successful commissioning of the system; to which end he will assist the Purchaser’s staff where required to accomplish this.

3.2.3 Start-up procedures required to put the goods into operationThe Supplier shall be required to assist in putting the goods in operation in attendance of the Purchaser’s nominated staff. Following this, the Purchaser’s staff might require the Supplier to perform functional tests to witness the operation of the goods.

3.2.4 Take over proceduresAs detailed in sections 3.1 and 3.2

3.2.5 Access given by the Purchaser for correction of Defects

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Supplier will have access to and use of a part of the works which has been taken over if needed to correct (replace or repair) a defect only once proper arrangements have been made with and approval has been received from the Purchaser.

3.2.6 Performance tests after CompletionThe Supplier shall perform functional tests of all functions and features offered by the solutions and provide a standardised report to the Purchaser of this outcome prior to the completion of the works. Standardised reports shall include, but not limited to:

a) Cable losses/attenuation and wiremaps of all communication cables (CAT and Fibre)b) Functional tests pertaining to each protocol driver and functions associated with each connected IEDc) Soaking tests of the substation-enterprise links over the available comms mediumd) Functional remote access tests from enterprise and substation engineering workstations to each IED

3.2.7 Training and technology transferThe Supplier shall provide product training using course material developed in the foregoing development contract, and according to the previously agreed course outlines and durations.

Training shall be scheduled in advance per year and shall proceed pending the Purchaser’s fulfilment of minimum attendance requirements (numbers of learners). The Supplier shall cancel all pre-arranged courses for which insufficient bookings have been received by two weeks prior to course commencement and shall have no recourse to the Purchaser in this regard. Bookings for cancelled courses shall be re-scheduled to later courses as convenient to the attendees.

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