MBD1

PART A
REQUEST FOR QUOTATION
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE MAKHADO LOCAL MUNICIPALITY
QUOTE NUMBER: MAK50/ 2024 CLOSING DATE: 22 JULY 2024 CLOSING TIME: 12H00

DESCRIPTION SUPPLY AND DELIVERY OF EQUIPMENTS FOR MPOSI AGRICULTURE PROJECT

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX
SITUATED AT (STREET ADDRESS

POSTAL ADDRESS:

PRIVATE BAG X 2596, MAKHADO, 0920

STREET ADDRESS

CIVIC CENTRE, 83 KROGH STREET, MAKHADO.0920

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
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL B-BBEE STATUS
Yes Yes
VERIFICATION CERTIFICATE LEVEL SWORN
[TICK APPLICABLE BOX] AFFIDAVIT
No No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER
TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU A FOREIGN
ARE YOU THE ACCREDITED BASED SUPPLIER FOR Yes No
REPRESENTATIVE IN SOUTH AFRICA Yes No THE GOODS
FOR THE GOODS /SERVICES /SERVICES /WORKS [IF YES, ANSWER PART B:3
/WORKS OFFERED? [IF YES ENCLOSE PROOF] OFFERED? ]

TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R

SIGNATURE OF BIDDER
……………………………… DATE
CAPACITY UNDER WHICH THIS BID
IS SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
DEPARTMENT BUDGET AND TREASURY CONTACT PERSON MR RAMUTHAGA F
CONTACT PERSON MS P MUDAU TELEPHONE NUMBER 015 519 3000
TELEPHONE NUMBER 015 519 3044 FACSIMILE NUMBER 015 516 6145
FACSIMILE NUMBER 015 516 6145 E-MAIL ADDRESS
E-MAIL ADDRESS [email protected]

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

2. TAX COMPLIANCE REQUIREMENTS

2.1 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 THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE 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 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.
2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A
SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.7 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 ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE
STATUS 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.
NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

DATE: …………………………………………...

2
 MAKHADO MUNICIPALITY
QUOTE NO. MAK50/2024
SUPPLY AND DELIVERY OF EQUIPMENTS TO SUPPORT MPOSI AGRICULTURE PROJECT

Suitable and qualified service providers are invited to quote for Supply and delivery of Equipments to
support Mposi Agriculture Project.

SPECIFICATION

Item Description Quantity Unit price Amount

01 Rhino Power Spray Bakkie Set 02

02 2.2 Borehole Pumps 02
TOTAL AMOUNT R
VAT@15% (IF APPLICABLE) R
GRAND TOTAL R

SIGNATURE DATE

REQUIREMENTS

• Valid Tax compliance status pin issued

• A copy of Company Registration Certificate/ CK
• Certified copy/copies of company owner(s) ID Book(s). Not later than three (03) months.
• Attach Proof of payment of Municipal Bill/ Rates accounts/ Formal Lease Agreement, Letter from the
Traditional Authority for both entity and directors of the company

Quotations must be as follows:

1. Be signed by an authorized person of the supplier

2. Be valid for a period of Ninety (90) days from the closing date
3. clearly indicate the price charged vat inclusive ( if applicable)
4. Be accompanied by fully completed MBD 6.1 and MBD 4 obtainable from the municipality or can be
downloaded from municipal website www.makhado.gov.za.

Quotations received will be assessed in accordance with the Municipal Supply Chain Management
Regulations, 2005 read with Council’s Supply Chain Management Policy and 80/20 Evaluation Criteria.
Preference points will be allocated as follows.
- 80 Points for Price
- 20 Points for Specific goals

NB: Specific goals will be allocated as follows:

- 10 Points is for Company that is 100% owned by black people (Attach recent CSD full report)
- 05 Points is for a Company that is 100% owned by women (Attach recent CSD full report)
- 05 Points is for a Company that is owned by people with disability (Attach Disability letter from
a Doctor)

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Please Note:
1. No quotation by facsimile or by e-mail will be accepted.
2. Enquiries in this regard must be directed to Mr Ramuthaga F at contact number: 072 810 6186 during
office hours.
3. Council reserves the right not to accept lowest or any quotation or to accept part of a quotation only.
4. All Service Provider doing business with Makhado municipality are required to register on the CSD
(Central Supplier Database)
5. Admin enquiries can be directed to Ms TP Ntsieni or Mr M Ramabulana at 015 519 3179/3024

Civic Centre
83 Krogh Street
LOUIS TRICHARDT
0920 File no: 8/3/2/1
MR KM NEMANAME
MUNICIPAL MANAGER

4
 MBD 4

DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state¹.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship,
may make an offer or offers in terms of this invitation to bid. In view of possible allegations of
favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related
to persons in service of the state, it is required that the bidder or their authorised representative declare
their position in relation to the evaluating/adjudicating authority.

3 In order to give effect to the above, the following questionnaire must be completed and submitted with
the bid.

3.1 Full Name of bidder or his or her representative:……………………………………………..

3.2 Identity Number: ………………………………………………………………………………….

3.3 Position occupied in the Company (director, trustee, hareholder²):………………………..

3.4 Company Registration Number: ……………………………………………………………….

3.5 Tax Reference Number:…………………………………………………………………………

3.6 VAT Registration Number: ……………………………………………………………………

3.7 The names of all directors / trustees / shareholders members, their individual identity
numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars. ….……………………………………………………………

……………………………………………………………………………………………..

¹MSCM Regulations: “in the service of the state” means to be –

(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;

(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or
constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of
1999);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.

² Shareholder” means a person who owns shares in the company and is actively involved in the
management of the company or business and exercises control over the company.

3.9 Have you been in the service of the state for the past twelve months? ………YES / NO

3.9.1 If yes, furnish particulars.………………………...……………………………………..

…………………………………………………………………………………………….
3.10 Do you have any relationship (family, friend, other) with persons
in the service of the state and who may be involved with
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 the evaluation and or adjudication of this bid? ………………………………… YES / NO

3.10.1 If yes, furnish particulars.

………………………………………………………………………………
………………………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between
any other bidder and any persons in the service of the state who
may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars

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

3.12 Are any of the company’s directors, trustees, managers,

principle shareholders or stakeholders in service of the state? YES / NO

3.12.1 If yes, furnish particulars.

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

3.13 Are any spouse, child or parent of the company’s directors

trustees, managers, principle shareholders or stakeholders
in service of the state? YES / NO

3.13.1 If yes, furnish particulars.

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

3.14 Do you or any of the directors, trustees, managers,

principle shareholders, or stakeholders of this company
have any interest in any other related companies or
business whether or not they are bidding for this contract. YES / NO

3.14.1 If yes, furnish particulars:

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

4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

Number

………………………………….. ……………………………………..
Signature Date

…………………………………. ………………………………………
Capacity Name of Bidder

6
 MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT

REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information and
serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE
TENDER AND PREFERENTIAL PROCUREMENT REGULATIONS, 2022

1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable
taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).
a) The applicable preference point system for this tender is the 90/10 preference point system.

b) The applicable preference point system for this tender is the 80/20 preference point system.

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/
highest acceptable tender will be used to determine the accurate system once tenders are
received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded
for:
(a) Price; and
(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC 100
GOALS

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this
tender to claim points for specific goals with the tender, will be interpreted to mean that
preference points for specific goals are not claimed.
7
1.6 The organ of state 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 organ of state.

2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in response to
an invitation to provide goods or services through price quotations, competitive tendering
process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes all applicable
taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid
invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form determined by an organ
of state in response to an invitation for the origination of income-generating contracts through any
method envisaged in legislation that will result in a legal agreement between the organ of state and a
third party that produces revenue for the organ of state, and includes, but is not limited to, leasing and
disposal of assets and concession contracts, excluding direct sales and disposal of assets through
public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 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

𝑷𝒕−𝑷 𝒎𝒊𝒏 ⬚ 𝑷𝒕−𝑷 𝒎𝒊𝒏 ⬚

𝑷𝒔 = 𝟖𝟎 (𝟏 − ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 − )
𝑷 𝒎𝒊𝒏 ⬚ 𝑷 𝒎𝒊𝒏 ⬚
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

8
3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME GENERATING
PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

𝑷𝒕−𝑷 𝒎𝒂𝒙 ⬚ 𝑷𝒕−𝑷 𝒎𝒂𝒙 ⬚

𝑷𝒔 = 𝟖𝟎 (𝟏 + ) or 𝑷𝒔 = 𝟗𝟎 (𝟏 + )
𝑷 𝒎𝒂𝒙 ⬚ 𝑷𝒎𝒂𝒙

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,
preference points must be awarded for specific goals stated in the tender. For the purposes
of this tender the tenderer will be allocated points based on the goals stated in table 1 below
as may be supported by proof/ documentation stated in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states
that, if it is unclear whether the 80/20 or 90/10 preference point system applies, an organ of
state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 or 90/10
preference point system will apply and that the highest acceptable tender will be used to
determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point system will
apply and that the lowest acceptable tender will be used to determine the applicable
preference point system,
then the organ of state must indicate the points allocated for specific goals for both the 90/10
and 80/20 preference point system.

9
Table 1: Specific goals for the tender and points claimed are indicated per the table below.
(Note to organs of state: Where either the 90/10 or 80/20 preference point system is
applicable, corresponding points must also be indicated as such.
Note to tenderers: The tenderer must indicate how they claim points for each preference
point system.)

Number of Number of Number of Number of

points points points points
allocated claimed claimed
allocated
(90/10 (80/20
(90/10 (80/20 system)
The specific goals system)
system) system)
allocated points in (To be
(To be (To be
terms of this tender (To be completed
completed completed
completed
by the by the
by the organ by the tenderer)
of state) tenderer)
organ of
state)
100% Black ownership N/A 10 N/A
(attach CSD detail
report)
100% Woman N/A 05 N/A
Ownership (attach
CSD detail report or
Certified ID copy)
Disability (Attach N/A 05 N/A
Disability letter from a
Doctor)

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number: …………………………………………………………...
4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]

10
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm, certify
that the points claimed, based on the specific goals as advised in the tender, qualifies the
company/ firm for the preference(s) shown and I 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
paragraphs 1.4 and 4.2, the contractor may be required to furnish documentary proof to
the satisfaction of the organ of state that the claims are correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any of the
conditions of contract have not been fulfilled, the organ of state 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) recommend that the tenderer or contractor, its shareholders and directors,
or only the shareholders and directors who acted on a fraudulent basis,
be restricted 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, if deemed necessary.

……………………………………….
SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………….

DATE: ………………………………………………………
ADDRESS: ………………………………………………………
………………………………………………………
………………………………………………………
………………………………………………………

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 MBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Municipal Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when
goods and services are being procured, all reasonable steps are taken to combat the abuse of the
supply chain management system.

3 The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed
any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;
c. willfully neglected, reneged on or failed to comply with any government, municipal or other
public sector contract during the past five years; or
d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and
Combating of Corrupt Activities Act (No 12 of 2004).

4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as Yes No
companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were informed

in writing of this restriction by the Accounting Officer/Authority of the

institution that imposed the restriction after the audi alteram partem

rule was applied).

The Database of Restricted Suppliers now resides on the National

Treasury’s website(www.treasury.gov.za) and can be accessed by

clicking on its link at the bottom of the home page.

4.1.1 If so, furnish particulars:

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4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in Yes No
terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12
of 2004)?
The Register for Tender Defaulters can be accessed on the National Treasury’s
website (www.treasury.gov.za) by clicking on its link at the bottom of the home
page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a court of Yes No
law outside the Republic of South Africa) for fraud or corruption during the past five
years?

4.3.1 If so, furnish particulars:

Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or Yes No
municipal charges to the municipality / municipal entity, or to any other municipality
/ municipal entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or any Yes No
other organ of state terminated during the past five years on account of failure to
perform on or comply with the contract?

4.7.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………..……………………………..……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS
DECLARATION FORM TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE

TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... …………………………..
Signature Date

………………………………………. …………………………..
Position Name of Bidder
Js367bW

13
 MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of firms,
if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid
rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under
any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities
must take all reasonable steps to prevent abuse of the supply chain management system and
authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the
institution’s supply chain management system and or committed fraud or any other
improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed
any corrupt or fraudulent act during the bidding process or the execution of that
contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure
that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the
quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an
agreement between competitors not to compete.

14
 MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________
(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________
(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true
and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf
of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder
to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the
bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of
business as the bidder

MBD 9

6. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However communication between
partners in a joint venture or consortium³ will not be construed as collusive bidding.

15
 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,
communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the
bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with
any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of
the products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly
or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding
of the contract.

³ Joint venture or Consortium 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.

MBD 9

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in terms
of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting
Authority (NPA) for criminal investigation and or may be restricted from conducting business with the
public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of
Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

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Signature Date

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Position Name of Bidder
Js914w 2

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