Appointment of Two Suppliers - Gamagara Local

Returnable Documents:

Suitable service providers are invited to quote on the supply and delivery of bitumen emulsion products for the Gamagara Local Municipality at the roads and Storm water division in order to maintain the roads in Gamagara Local Municipal Area. Minimum requirements of product The Cold Mix Asphalt products offered must comply with the following minimum

Cold Mix Asphalt shall be a uniquely formulated, cold bagged asphaltic premix specifically designed for labour-intensive road construction, rehabilitation, and repair projects. The product must be factory manufactured under controlled formulation processes and conform to COLTO specifications. The product must be ready for immediate use, directly from the bag to the road surface, and applicable by semi-skilled labour. Proven performance must be supported by extensive laboratory testing, field investigations, and operational experience, demonstrating superiority over equivalent commercial products. Cold Mix Asphalt must be supplied in sealed 25 kg bags, with total quantities delivered on 500 bags per wooden pallet. Delivery and offloading must be carried out by the supplier at the Technical Stores, Ian Fleming Street, Kathu. Colto specification The Material must continuously Graded Medium Grade Asphalt Premix. Material Testing: Bidders must submit a data sheet not older than a year; of the material they are proposing to supply to the municipality. All testing must be done at an accredited laboratory. ii. All consignments must be accompanied by the lab test result to be submitted with the delivery note. iii. The Cold asphalt test results need to be referenced to the above table. iv. Before delivery, Test Result must be emailed to Mr Greogry Kannemeyer at kannemeyerg@gamagara.gov.za If there are any inconsistencies in the delivered product / batches, the supplier will be responsible to test and provide the result to the municipality at the supplier’s cost. vi. A testing is to comply with the standard presented in Colto1998 Section 4200 and 8300. vii. If the results fail to pass the lab test, the supplier will be required to replace the faulty material at their own cost. SPECIAL CONDITIONS OF CONTRACT (SCC) Appointment of two contractors The municipality intends to appoint two suppliers for this tender. They will be used on a rotational basis the supply of the cold mix. Where one supplier is unable to deliver on time, the municipality reserves the right to use the other supplier. Delivery of material The supplier must possess all necessary equipment to offload the Cold Mix Asphalt products into store. ii. Broken bags will not be accepted at delivery. iii. Delivery must take place between 07:30 and 15:00 on Monday to Thursday and Friday between 07:30 and 12:00. iv. No expired material will be accepted. All material delivered must not expire with 4 months after delivery. vi. The delivery should take place within 7 calendar days on official order was received. vii. Documents may only be completed in black ink. viii. All bids must be submitted in writing on the official forms (not re-typed). ix. The use of correction fluid/tape on the bid documents is not allowed. If there is an error, draw a line through it, initial next to it and make the correction directly above /below/next to it. Tenders must be completed in full and no page should be removed from the document. xi. No bid will be accepted from persons in the service of the state. xii. Council reserves the right not to accept any tender. No faxes or e-mails will be accepted and only the supplied municipal tender form may be used. xiii. Evaluation Method will be based on Financial offer and preferences. PHASE 1: MANDATORY BIDDING DOCUMENTS MATERIAL DATASHEET Bidders must submit a data sheet of the material they are proposing to supply to the municipality. This is done to ensure compliance to the specification. Failure to submit this document will lead to disqualification. AUTHORITY TO SIGN A BID SOLE PROPRIETOR (SINGLE OWNER BUSINESS) AND NATURAL PERSON 1.1 I, __________________________________________________________, the undersigned, hereby confirm that I am the sole owner of the business trading as____________________________________________________________________ OR 1.2 I, _________________________________________________________________________, the undersigned, hereby confirm that I am submitting this tender in my capacity as a natural person. SIGNATURE: DATE: PRINT NAME: WITNESS 1: WITNESS 2: COMPANIES AND CLOSE CORPORATIONS 2.1. If a Bidder is a COMPANY, a certified copy of the resolution by the board of directors, duly signed, authorising the person who signs this bid to do so, as well as to sign any contract resulting from this bid and any other documents and correspondence in connection with this bid and/or contract on behalf of the company must be submitted with this bid, that is, before the closing time and date of the bid 2.2. In the case of a CLOSE CORPORATION (CC) submitting a bid, a resolution by its members, authorizing a member or other official of the corporation to sign the documents on their behalf, shall be included with the bid. PARTICULARS OF RESOLUTION BY BOARD OF DIRECTORS OF THE COMPANY/MEMBERS OF THE CC Date Resolution was taken Resolution signed by (name and surname) Capacity Name and surname of delegated Authorised Signatory Capacity Specimen Signature Full name and surname of ALL Director(s) / Member (s) Full name and surname of ALL Director(s) / Member(s) 1 6 2 7 3 8 4 9 5 10 Is a CERTIFIED COPY of the resolution attached? YES NO SIGNED ON BEHALF OF COMPANY / DATE: CC: PRINT NAME: WITNESS 1: WITNESS 2 PARTNERSHIP We, undersigned partners in the business trading as: ________________________________________________________________________ hereby authorize Mr. / Ms. ________________________________________________________________________ to sign this bid as well as any contract resulting from the bid and any other documents and correspondence in connection with this bid and / or any contract for and on behalf of the abovementioned partnership. The following particulars in respect of every partner must be furnished and signed Full name and surname of partner (s) 1 6 2 7 3 8 4 9 5 10 Is a CERTIFIED COPY of the resolution attached? YES NO SIGNED ON BEHALF OF PARTNERSHIP DATE: PRINT NAME: WITNESS 1: WITNESS 2 CONSORTIUM We, the undersigned consortium partners, hereby authorize ________________________________________________________________________ (name of entity) to act as lead consortium partner and further authorize Mr. / Ms ____________________________________________________________ to sign this offer as well as any contract resulting from this tender and any other documents and correspondence in connection with this tender and / or any contract for and on behalf of the consortium The following particulars in respect of every partner must be furnished and signed by every partner: Full name of partner Signature SIGNED ON BEHALF OF DATE: PARTNERSHIP: PRINT NAME: WITNESS WITNESS 1: 2: CENTRAL SUPPLIER DATABASE REGISTRATION SUMMARY ➢ Please attach the CSD registration summary not older than 1 month ➢ Bidders will not be disqualified for not submitting CSD report SARS TAX COMPLIANCE PIN MBD 3.1 – PRICING SCHEDULE – FIRM PRICES (PURCHASES) NOTE: PRICE ADJUSTMENTS WILL BE ALLOWED AT THE PERIODS AND TIMES SPECIFIED IN THE BIDDING DOCUMENTS. IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT Name of Bidder............................................. Bid number................................................... Closing Time ........................... Closing Date ................................................ OFFER TO BE VALID FOR............DAYS FROM THE CLOSING DATE OF BID. ------------------------------------------------------------------------------------------------------------------------------------ ITEM NO. QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY **(ALL APPLICABLE TAXES INCLUDED) ------------------------------------------------------------------------------------------------------------------------------------ Required by: ......................................................................................................... At: ........................................................................................................................ Brand and Model ........................................ Country of Origin ........................................ Does the offer comply with the specification(s)? *YES/NO If not to specification, indicate deviation(s) ........................................ Period required for delivery ........................................ Delivery: Firm/Not firm Delivery basis ........................................... Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination. * all applicable taxes” includes value- added tax, if a VAT vender 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. 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, 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) 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. 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 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: ......................................................................................... ......................................................................................... Full details of directors / trustees / members / shareholders. Full Name Identity Number State Employee Number ......................................... ............................................ Signature Date ........................................ ............................................. Capacity Name of Bidder MBD 6.1- PREFENCE POINTS 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 90/10 preference point system. The applicable preference point system for this tender is the 80/20 preference point system. 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. 1.3.1 The bid conditions will stipulate the specific goals, as contemplated in section 2(1)(d)(ii) of the Preferential Procurement Act, to be attained. 1.3.2 Bids for income-generating contracts points will be allocated in terms of the following goals: Goals 80/20 90/10 Locality 10 05 B-BBEE Status Level Contributor 10 05 1.3.3 Bids for acquisition of goods and/or services, a maximum of 20 or 10 points must be allocated for specific goals. The specific goals are as follows: Goals 80/20 90/10 Locality 10 05 B-BBEE Status Level Contributor 10 05 1.3.4 For B-BBEE points the below table shall apply: Number of points Number of (80/20 system) points (90/10 B-BBEE Status Level of system) Contributor 1 10 05 2 09 4.5 3 07 3.5 4 06 03 5 04 02 6 03 1.5 7 02 01 8 01 0.5 Non-compliant contributor 00 0.0 1.3.5 Bidder must submit proof of B-BBEE status level contributor certificate. 1.3.6 B-BBEE status level contributor certificate must be issued by SANAS or authorised person(s) or authorised body. 1.3.7 B-BBEE status level contributor certificate must be original or certified. 1.3.8 Other than the B-BBEE Status Level of Contributor certificate, the bidder must submit the original B-BBEE sworn affidavit. 1.3.9 Bidder failing to submit proof of B-BBEE status level of contributor or original sworn B-BBEE affidavit shall claim zero points for B-BBEE points. 1.3.10 Locality points shall be allocated as follows: Number of Number of Points for Points for Locality Locality 90/10 Locality 80/20 Within boundaries of Gamagara Local 10 05 Municipality Outside boundaries Gamagara Local Municipality, but within the 05 2.5 boundaries of Northern Cape Province Outside boundaries of the Northern 0.00 0.00 Cape When the municipality invites and evaluates bids based on locality as a set preference goal, it must be stated as such on the invitation. Locality shall be deemed as all bidders operating and stationed within the boundaries of Gamagara Local Municipality Expanded term for locality shall be deemed for bidders operating and stationed outside of John Taolo Gaetsewe District but with the Northern Cape Province. Bidders shall provide proof of locality by submitting one or more of the following: Municipal Account in the bidder’s name. ii. Proof of residence in the bidder’s name. iii. Bank statement with the bidder’s address. iv. Lease agreement indicating a local address, where the lessee is the bidder. The bidder must submit proof of locality to claim points for locality. Bidder failing to provide the proof of locality, shall claim zero points for locality. 1.4 To be completed by the organ of state: The maximum points for this tender are allocated as follows: POINTS PRICE 80 LOCALITY 10 B-BBEE STATUS LEVEL OF CONTRIBUTOR 10 Total points for Price and SPECIFIC GOALS 100 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 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−Pmin Ps= 80(1− ) or Ps= 90(1− Pt−Pmin ) Pmin 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 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−Pmax Ps= 80(1+ ) or Ps= 90(1+ Pt−Pmax ) Pmax 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 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. 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 system) (80/20 (90/10 (80/20 The specific goals allocated system) (To be system) system) points in terms of this tender completed by (To be (To be (To be the organ of completed completed completed state) by the by the by the organ tenderer) tenderer) of state) LOCALITY 10 B-BBEE STATUS LEVEL OF 10 CONTRIBUTOR 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] 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: 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 7.1 – CONTRACT FORM – PURCHASE OF GOOD THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS. PART 1 (TO BE FILLED IN BY THE BIDDER) I hereby undertake to supply all or any of the goods and/or works described in the attached bidding documents to (name of institution).......................................... in accordance with the requirements and 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 time of 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; Tax clearance certificate; Pricing schedule(s); Technical Specification(s); Preference claims for Broad Based Black Economic Empowerment Status Level of Contribution in terms of the Preferential Procurement Regulations 2011; Declaration of interest; Declaration of bidder’s past SCM practices; Certificate of Independent Bid Determination; Special Conditions of Contract; (ii) General Conditions of Contract; and (iii) 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 goods and/or works 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 CAPACITY ................................................. 1 ...................... SIGNATURE ................................................. ........................ NAME OF FIRM ................................................. DATE: ......................... DATE ................................................. MBD 7.1 CONTRACT FORM - PURCHASE OF GOODS/WORKS PART 2 (TO BE FILLED IN BY THE PURCHASER) I.................................................................................. in my capacity as........................................................................accept your bid under reference number ....................dated...........................for the supply of goods/works indicated hereunder and/or further specified in the annexure(s). An official order indicating delivery instructions is forthcoming. I undertake to make payment for the goods/works delivered in accordance with the terms and conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery note. MINIMUM THRESHOLD PRICE (ALL ITEM B-BBEE STATUS FOR LOCAL APPLICABLE BRAND DELIVERY LEVEL OF PRODUCTION AND TAXES PERIODNO. CONTRIBUTION CONTENT (if INCLUDED) applicable) I confirm that I am duly authorized to sign this contract. SIGNED AT .............................................ON...................................... WITNESSES NAME (PRINT) ........................................... SIGNATURE ........................................... 1. ............................ OFFICIAL STAMP 2. ............................ DATE ............................ 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: abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; been convicted for fraud or corruption during the past five years; willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No ). 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 Yes No Treasury’s 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 Yes No Tender 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 Yes No law (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 Yes No and 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 / Yes No municipal 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 1 This Municipal Bidding Document (MBD) must form part of all bids1 invited. 2 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. 3 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: take all reasonable steps to prevent such abuse; 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 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. 4 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. 5 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 B-BBEE Minimum Level: 10