Closed: Sekhukhune district municipality data logger tender | limpopo

Compliance Requirements

Source: Appointment of a Service Provider for the Supply, Delivery, Installation and Programming of a Data Logger for the Air Quality Monitoring Station at Dilokong (Once-Off).pdf (TENDER)

Valid Tax Clearance Certificate Issued by the South African Revenue Service/ PIN issued by SARS

TAX COMPLIANCE STATUS TCS PIN: OR No

Tax compliance requirements

Tax compliance status (tcs) certificate or pin may also be made via e-filing

Tax compliance status

TCS PIN: OR No

Csd number

CSD Registration/CSD Summary Report

Central supplier database (csd), a csd number

Not a requirement to register for a tax compliance status

Original Certified Copy of Identity Documents for Directors not older than three months

Copy of Company Registration Documents or CK1 for Close Corporations

Compliant CSD Registration/CSD Summary Report

Pricing Schedule ()

Declaration of Interest (MBD4)

days or proof of lease agreement including rates for the landlord. In case where the Company or Director is

registered in a rural area where the rates are not paid, please attach proof from Local Authority/ Municipality and

1.3. Preference points claim form in terms of the preferential procurement regulations 2022 (mbd 6.1)

Tax compliance requirements

2.3 Application for the tax compliance status (tcs) certificate or pin may also be made via e-filing. In order to

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

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax compliance status

CIDB grading required: n/a level and ce n/a

VAT registration number

Points Allocation: 80 points

B-BBEE Details: TATION AT DILOKONG (ONCE-OFF).

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:

Sekhukhune district municipality-ab sikhosana fire station (groblersdal fire station), van riebeeck street,

Next groblersdal water treatment works.

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

CIDB grading required: n/a level and ce n/a

Category:

E-mail address

VAT registration number

Csd

TAX COMPLIANCE STATUS TCS PIN: OR No:

HDI specific goals- preference points claim form in terms of the preferential procurement regulations 2022.

Are you a

Foreign based

Are you the accredited supplier for

Representative in south the goods

AFRICA FOR THE GOODS Yes No /SERVICES Yes No

/Services /works offered? /Works

[If yes enclose proof] offered? [If yes, answer part b:3]

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 supply chain management department community services

Contact person voster masemola contact person ludwick maboshego

Telephone

Telephone number 013 262 7656 number 013 262 7745

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

Part b

Terms and conditions for bidding

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. Preference points claim form in terms of the pre

Contractual Terms

Source: Appointment of a Service Provider for the Supply, Delivery, Installation and Programming of a Data Logger for the Air Quality Monitoring Station at Dilokong (Once-Off).pdf

It is the policy of Sekhukhune District Municipality that all bidders participating in the procurement process must

complete and submit the consent form authorising the verification of any outstanding municipal services

payments, including but not limited to water, electricity, and taxes prior to the awarding of the contract

Bids exceeding R10 million

If the estimated value of the transaction exceeds R10 million, the bid documentation must require the

bidders to furnish:

if the bidder is required by law to prepare annual financial statements for auditing, their audited annual financial

statements for the past three years, or

since their establishment if established during the past three years,
In terms of a Joint Venture, their Lead Partner audited annual financial statements for the past three years,
A certificate signed by the bidder certifying that the bidder and any of its directors has no undisputed

commitments for municipal services towards a municipality or other service provider in respect of which payment

is overdue for more than 30 days.

The Municipal rates for the bidder and its directors in respect of which payment is not overdue for more than 90

days or proof of lease agreement including rates for the landlord. In case where the Company or Director is

registered in a rural area where the rates are not paid, please attach proof from Local Authority, or Municipality

and Affidavit under oath; or proof that indicating that there are no municipal rates payable

particulars of any contracts awarded to the bidder by an organ of state during the past five years, including

particulars of any material non-compliance or dispute concerning the execution of such contract, and

a statement indicating whether any portion of the goods or services are expected to be sourced from outside

the Republic and, if so, what portion and whether any portion of payment from the Municipality is expected to be

transferred out of the Republic.

Declaration For Procurement Above R10 Million (Vat Included) (MBD 5)

Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2022 (MBD 6.1)

Contract Form - Rendering of Services (MBD 7.2)

Declaration of Bidder’s Past Supply Chain Management Practices (MBD8)

Certificate of Independent Bid Determination (MBD9)

Schedule 1A: Compulsory Enterprise Questionnaire

Schedule 1B: Authority for Signatory / Letter of authorized signatories

 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]

of this agreement:

i. Bidding documents, viz

Invitation to bid;
Proof of tax compliance status;
Pricing schedule(s);
Filled in task directive/proposal;
Preference claim form for Preferential Procurement in terms of the Preferential

Procurement Regulations;

Declaration of interest;
Declaration of Bidder’s past SCM practices;
Certificate of Independent Bid Determination;
Special Conditions of Contract;

i. General Conditions of Contract; and

ii. Other (specify)

I confirm that I have satisfied myself as to the correctness and validity of my bid; that

the price(s) and rate(s) quoted cover all the services specified in the bidding

documents; that the price(s) and rate(s) cover all my obligations and I accept that any

mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

Mbd 9: certificate of independent bid determination

This Municipal Bidding Document (MBD) must form part of all bids1 invited.
Section 4 (1) (b) (iii) of the Competition Act No. , 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.

Municipal Supply Regulation 38 (1) prescribes that a supply chain management

policy must provide measures for the combating of abuse of the supply chain

management system, and must enable the accounting officer, among others, to:

a) take all reasonable steps to prevent such abuse;

b) reject the bid of any bidder if that bidder or any of its directors has abused the

supply chain management system of the municipality or municipal entity or has

committed any improper conduct in relation to such system; and

c) cancel a contract awarded to a person if the person committed any corrupt or

fraudulent act during the bidding process or the execution of the contract.

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.

Mbd 9: certificate of independent bid determination

schedule of deviation (if any), contact the employer’s agent (whose details are given in the contract

data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation

to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any

of the obligations in accordance with those terms shall constitute a repudiation of this agreement.

Section

Source: Appointment of a Service Provider for the Supply, Delivery, Installation and Programming of a Data Logger for the Air Quality Monitoring Station at Dilokong (Once-Off).pdf

The 80/20 preference point system will be applicable during the evaluation of bids. The amended PPPFA Regulations, 2022, will be

applied.

First stage: Returnable Documents

Second stage: Preferential Point System (80:20); 80 for price and 20 for Specific goals

Mbd 4

Declaration of interest

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

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.

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, shareholder2):............

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. 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.);

e. a member of the accounting authority of any national or provincial public entity; or

f. an employee of Parliament or a provincial legislature.

2Shareholder” 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 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

3.12.1 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.

...........................................................................................

..........................................................................................

Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

......................................... ............................................

Signature Date

......................................... ...........................................

Capacity Name of bidder

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

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

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

system.

a) The 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.

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.

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.

Formulae for procurement of goods and services

3.1 Points awarded for price

3.1.1 The 80/20 preference point systems

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

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

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 points is allocated for price on the following basis:

Pt−Pmax

Ps= 80(1+ )

Pmax

Where:

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

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 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

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 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 80/20 preference point system.

Table 1: Specific goals for the tender and points claimed are indicated per the table

below.

The 80/20 preference points system will be used for the acquisition of services, works \or

goods up to and including a value of R50 000 000.00.

The tenderer must indicate how they claim points for each preference point system.

The specific goals Number of Number of Number of Number of

allocated points in points allocated. points allocated. points claimed. points claimed.

terms of this tender (90/10 system) (80/20 system) (90/10 system) (80/20 system)

(To be (To be (To be (To be

completed by completed by completed by completed by

the organ of the organ of the tenderer) the tenderer)

state) state)

HDI Specific Goals 10 20

1 Not having voting 6 12

rights prior 1994.

2 Woman – ownership 1 2

of more than 50%

Disability ownership 1 2

of more than 50%

HDI youth 1 2

Locality within SDM 1 2

jurisdiction

Total 10 20

Non-compliant Bidder 0 0

Declaration with regard to company/firm

Name of company/firm...............................................................................

Company registration number: .....................................................................

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]

46 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: ...............................................................

...............................................................

Mbd 7.2

Contract form - rendering of services

This form must be filled in duplicate by both the service

Provider (part 1) and the purchaser (part 2). Both forms must be

Signed in the original so that the service provider and the

Purchaser would be in possession of originally signed

Contracts for their respective records.

Part 1 (to be filled in by the service provider)

I hereby undertake to render services described in the attached bidding documents to

(name of the institution) ........................................... in accordance with the

requirements and task directives / proposals specifications stipulated in Bid

Number....................... at the price/s quoted. My offer/s remain binding upon me

and open for acceptance by the Purchaser during the validity period indicated and

calculated from the closing date of the bid.

The following documents shall be deemed to form and be read and construed as part

of this agreement:

i. Bidding documents, viz

Invitation to bid;
Proof of tax compliance status;
Pricing schedule(s);
Filled in task directive/proposal;
Preference claim form for Preferential Procurement in terms of the Preferential

Procurement Regulations;

Declaration of interest;
Declaration of Bidder’s past SCM practices;
Certificate of Independent Bid Determination;
Special Conditions of Contract;

i. General Conditions of Contract; and

ii. Other (specify)

I confirm that I have satisfied myself as to the correctness and validity of my bid; that

the price(s) and rate(s) quoted cover all the services specified in the bidding

documents; that the price(s) and rate(s) cover all my obligations and I accept that any

mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

I accept full responsibility for the proper execution and fulfilment of all obligations

and conditions devolving on me under this agreement as the principal liable for the

due fulfillment of this contract.

I declare that I have no participation in any collusive practices with any bidder or any

other person regarding this or any other bid.

I confirm that I am duly authorised to sign this contract.

Name (print) .................................. Witnesses

1 ...............................

Capacity ..................................

2 ...............................

Signature ..................................

Date: ........................

Name of firm ..................................

Date ..................................

Mbd 7.2

Contract form - rendering of services

Part 2 (to be filled in by the purchaser)

I....................................................................................................... in my

capacity as.........................................................accept your bid under reference

number ..................dated...........................for the rendering of services indicated

hereunder and/or further specified in the annexure(s).

An official order indicating service delivery instructions is forthcoming.

I undertake to make payment for the services rendered in accordance with the terms and

conditions of the contract, within 30 (thirty) days after receipt of an invoice.

Points

Price (all total

Claimed

Description of applicable completion preferenc

For each

Service taxes date e points

Specific

Included) claimed

Goal

I confirm that I am duly authorised to sign this contract.

Signed at ............................................. On ......................................

Name (print) .................................................

Signature ................................................

Official stamp witnesses

1 ...................................

18 2 ...................................

Date: ........................

Mbd 8: declaration of bidder’s past supply chain management

Practices

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

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 ).

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 Yes No

Database of Restricted Suppliers as 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:

4.2 Is the bidder or any of its directors listed on the Register for Tender Yes No

Defaulters in terms of section 29 of the Prevention and Combating of

Corrupt Activities Act (No )?

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 Yes No

(including a court of 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 Yes No

taxes or 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 Yes No

entity or any 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

Mbd 9: certificate of independent bid determination

This Municipal Bidding Document (MBD) must form part of all bids1 invited.
Section 4 (1) (b) (iii) of the Competition Act No. , 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.

Municipal Supply Regulation 38 (1) prescribes that a supply chain management

policy must provide measures for the combating of abuse of the supply chain

management system, and must enable the accounting officer, among others, to:

a) take all reasonable steps to prevent such abuse;

b) reject the bid of any bidder if that bidder or any of its directors has abused the

supply chain management system of the municipality or municipal entity or has

committed any improper conduct in relation to such system; and

c) cancel a contract awarded to a person if the person committed any corrupt or

fraudulent act during the bidding process or the execution of the contract.

This MBD 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.

In order to give effect to the above, the attached Certificate of Bid Determination

(MBD 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.

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 Municipality / Municipal Entity)

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)

I have read and I understand the contents of this Certificate.
I understand that the accompanying bid will be disqualified if this Certificate is found

not to be true and complete in every respect.

I am authorized by the bidder to sign this Certificate, and to submit the accompanying

bid, on behalf of the bidder.

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;

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.

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.

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.

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.

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.

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 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 or any other applicable

legislation.

......................................................... .......................................

Signature Date

.......................................................... ....................................

Position Name of Bidder

Form offer and acceptance

Offer

The Sekhukhune District Municipality, identified in the acceptance signature block, has solicited offers

to enter into a contract for:

Appointment of a Service Provider for the Supply, Delivery, Installation and

Programming of a Data Logger for the Air Quality Monitoring Station at Dilokong

(Once-Off).

The tender, identified in the offer signature block, has examined the documents listed in the tender data

and addenda thereto as listed in the tender schedules, and by submitting this offer has accepted the

conditions of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of

offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the Contractor

under the contract including compliance with all its terms and conditions according to their true intent

and meaning for an amount to be determined in accordance with the Conditions of Contract identified

in the Contract Data.

The offered total of the prices inclusive of value-added tax is:

............................................................................................................

Rand (in words); r................................................................... (In figures)

............................................................

This offer may be accepted by the employer by signing the acceptance part of this form of offer and

acceptance and returning one copy of this document to the tenderer before the end of the period of

validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in

terms of the conditions of contract identified in the contract data.

Signature(s) ...............................................................

Name(s) ...............................................................

Capacity ...............................................................

For the Tenderer............................................................

(Name and address of organization)

Name and signature of witness........................................... Signature: .........................

Date: ......................

Acceptance

By signing this part of this form of offer and acceptance, the employer identified below accepts the

tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in

accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s

offer shall form an agreement between the employer and the tenderer upon the terms and conditions

contained in this agreement and in the contract that is the subject of this agreement.

Deviations from and amendments to the documents listed in the tender data and any addenda thereto,

as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer

and the employer during this process of offer and acceptance, are contained in the schedule of deviations

attached to and forming part of this agreement. No amendments to or deviations from said documents

are valid unless contained in this schedule.

The tenderer shall, within two weeks after receiving a completed copy of this agreement including the

schedule of deviation (if any), contact the employer’s agent (whose details are given in the contract

data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation

to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any

of the obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the

tenderer receives one fully completed original copy of this document, including the schedule of

deviations (if any). Unless the tenderer (now contractor), within five (5) working days of the date of

such receipt, notifies the employer in writing of any reason why he cannot accept the contents of this

agreement, this agreement shall constitute a binding contract between the parties.

Signature(s) ..........................................

Name(s) ..........................................

Capacity .........................................

for the Employer.......................................

(Sekhukhune District Municipality)

Private Bag x8611

Groblersdal

0470

Name and signature of witness ............................ Date.........................

Bidder municipal services account verification consent form

Sekhukhune district municipality

Bidder Municipal Services Account Verification Consent Form

Tender / Bid Number: ___________________________

Bidder Name _________________________________

In accordance with the SCM regulation 28 (1) C and 29 (5) A and the Sekhukhune District Municipality

policy, all bidders must be in good standing with the municipality. This includes having no outstanding

municipal charges or other municipal accounts.

To comply with this requirement, the municipality will verify the status of each bidder’s municipal

accounts.

Consent for Verification of Municipal Accounts (Signature)

I, the undersigned, acting as the authorized representative of the above-named bidder, hereby provide

consent for Sekhukhune District Municipality to verify whether the bidder has any outstanding

amounts owed to the municipality

I understand and agree that:

The municipality may access internal records and systems to confirm the account status associated

with the bidder’s registered address(es) or properties.

This verification applies to all accounts held in the name of the bidder or any related entities as may

be relevant to the submission.

Any outstanding municipal accounts may result in disqualification or further investigation, in

accordance with applicable procurement laws and municipal policies.

All information obtained during this verification process will be treated confidentially and used solely

for purposes of assessing the bidder’s compliance with bid requirements.

Bidder Information (municipal account or ID number)

Registered Business Name: ___________________________________

Business Registration Number: ____________________

Primary Business Address:

Contact Person: ___________________________

Phone Number: ___________________________

Email Address: ___________________________

Authorized Signatory:

I hereby declare that I am duly authorized to sign this consent on behalf of the bidder.

Name: ___________________________________

Position / Title: __________________________

Signature: _______________________________

Date: ___________________

Schedule 1a: compulsory enterprise questionnaire

The following particulars must be furnished. In the case of a joint venture, separate enterprise

questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise:

Section 2: VAT registration number, if any:

Section 3: CIDB registration number:

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax

number*

Complete only if sole proprietor or partnership and attach separate page if more than 3

partners

Section 5: Particulars of companies and close corporations

Company registration number

Close corporation number

Tax reference number

Section 6: Record of service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership

or director, manager, principal shareholder or stakeholder in a company or close corporation is

currently or has been within the last 12 months in the service of any of the following:

o a member of any municipal council o an employee of any provincial

o a member of any provincial department, national or provincial

legislature public entity or constitutional

o a member of the National Assembly institution within the meaning of the

or the National Council of Province Public Finance Management Act,

1999 (Act )

o a member of the board of directors of o a member of an accounting authority

any municipal entity of any national or provincial public

entity

o an official of any municipality or o an employee of Parliament or a

municipal entity provincial legislature

If any of the above boxes are marked, disclose the following: (insert separate page if necessary)

Name of sole proprietor, Status of service

Name of institution, public partner, director, manager, (tick appropriate column)

office, board or organ of state

principal shareholder or Within last and position held Current

stakeholder 12 months

Insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole

proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a

company or close corporation is currently or has been within the last 12 months been in the service

of any of the following:

o a member of any municipal council o an employee of any provincial

o a member of any provincial department, national or provincial

legislature public entity or constitutional

o a member of the National Assembly institution within the meaning of the

or the National Council of Province Public Finance Management Act,

1999 (Act )

o a member of the board of directors of o a member of an accounting authority

any municipal entity of any national or provincial public

entity

o an official of any municipality or o an employee of Parliament or a

municipal entity provincial legislature

Status of service

Name of institution, public (tick appropriate

Name of spouse, child or

office, board or organ of column)

parent

state and position held Current Within last

12 months

Insert separate page if necessary

The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:

i. authorizes the Client/Municipality to obtain a tax clearance certificate from the South

African Revenue Services that my / our tax matters are in order;

ii. confirms that the neither the name of the enterprise or the name of any partner, manager,

director or other person, who wholly or partly exercises, or may exercise, control over the

enterprise appears on the Register of Tender Defaulters established in terms of the

Prevention and Combating of Corrupt Activities Act of 2004;

iii. confirms that no partner, member, director or other person, who wholly or partly exercises,

or may exercise, control over the enterprise appears, has within the last five years been

convicted of fraud or corruption;

iv. confirms that I / we are not associated, linked or involved with any other tendering entities

submitting tender offers and have no other relationship with any of the tenderers or those

responsible for compiling the scope of work that could cause or be interpreted as a conflict

of interest;

v. confirms that the contents of this questionnaire are within my personal knowledge and are

to the best of my belief both true and correct.

Signed Date

Name Position

Enterprise

name

The schedule should be used where tenders are subject to the local Government:

Municipal Finance Management Act

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