Request for information (RFI) for the development of parcel 1: Jamborally entertainment area – fountains valley resort

Returnable Documents:

All interested parties responding to this invitation must submit a detailed proposal that addresses the following key components: 3.1. Concept Development & Vision Responders are invited to present an innovative concept and long-term vision for the Jambo Rally Entertainment Area that enhances its appeal as an inclusive, multi-generational, and sustainable destination. Response should outline: • The overall development concept, including design intent, activities, and themes. • The vision and objectives guiding the proposal, aligned with social, environmental, and economic sustainability. • A proposed name and branding concept (if applicable). • How the development will contribute to creating a safe, welcoming, and vibrant space for diverse audiences. • Optional: Multiple concept phases or alternative uses that reflect long- term adaptability. Concept Development & Vision 3.2. Alignment with Precinct Plan Responders should demonstrate how their proposal aligns with or enhances the Groenkloof Precinct Plan (available upon request or via the City’s website). Response should highlight: • How the concept upholds the environmental and heritage principles of the Groenkloof Precinct. • Integration with the broader Fountains Valley Resort vision and its ecological, recreational, and cultural context. • Innovative approaches that reinterpret or strengthen the precinct’s long- term sustainability and public use potential. • https://www.tshwanetourism.com/wp- content/uploads/2020/12/Groenkloof-Nature-Reserve-Precinct-Plan- 2020.pdf 3.3. Development Components Responders may consider a combination of refurbishment, adaptive reuse, and new development that supports their overall vision. Potential components may include but are not limited to: Refurbishment and repurposing of existing infrastructure: • Jambo Rally Lapa (events, cultural hub, or family zone) • 3-Bedroom House (guest accommodation, offices, or visitor centre) • Ablution Facilities (modernisation and accessibility upgrades) New or enhanced facilities such as: • Recreation and adventure zones (e.g., water parks, trails, climbing, biking) • Dining, market, or picnic areas • Event or conference spaces • Family and kids’ play zones • Small-scale accommodation (cabins, lodges, eco-tents, hostels) • Parking, lighting, surveillance, and safety systems The City encourages modular or phased development that allows flexibility and future expansion. 3.4. Operational & Management Plan Responders should outline a management and operational framework that ensures long-term efficiency, safety, and community benefit. Submissions may include: • Proposed operational model • Roles and responsibilities of each party. • Maintenance, visitor management, and safety plans. • Revenue and cost-sharing mechanisms. • Approaches that enhance local inclusion, skills development, and social value. 3.5. Environmental & Heritage Considerations Responders are encouraged to present environmentally innovative and heritage- sensitive solutions. Proposals should demonstrate: • Sustainable building and landscaping approaches using indigenous, water-wise plant species. • Integration of renewable energy systems, waste reduction, and efficient water management. • Heritage-sensitive restoration of existing structures. • Consideration of flood lines, geotechnical conditions, and environmental compliance. • Any unique sustainability innovations that can position the site as a green tourism model. 3.6. Financial Proposal Responders should submit a financial model that demonstrates feasibility, sustainability, and mutual benefit. Include: • Capital investment estimates and phasing approach. • Proposed partnership or financial model • Funding strategy, sources of capital, and evidence of financial capability. • Economic and social benefits anticipated for the City, including job creation, tourism growth, and community upliftment. • Innovative financing structures are encouraged. 3.7. Implementation Plan The proposal should include an indicative implementation framework that highlights: • Phased development approach and key milestones. • Estimated project timeline and scalability options. • Required approvals, partnerships, and risk mitigation strategies. • Adaptive mechanisms to accommodate market shifts, technology changes, or evolving visitor needs. 3.8. Experience & Capacity Responders must demonstrate capacity to deliver the proposed development through: • A company profile outlining background, ownership, and expertise. • Evidence of relevant experience in similar tourism, hospitality, or recreation developments. • Key personnel qualifications and roles. • Description of partnerships, joint ventures, or consortia (if applicable). • Emerging enterprises or partnerships with local entities are encouraged where complementary skills are evident. 3.9. Social & Local Economic Development Contribution Responders are encouraged to integrate social value creation into their proposals through: • Local employment and enterprise development commitments. • Skills transfer, internships, and training initiatives. • Use of local suppliers and SMMEs during construction and operations. • Community engagement programmes that ensure long-term benefit sharing. • Strategies for inclusive growth that enhance social cohesion and civic pride. 4. STAGES OF EVALUATION This bid will be evaluated in one stage namely: Stage 1: Administrative compliance 4.1 ADMINISTRATIVE COMPLIANCE All the bids will be evaluated against the administrative responsiveness requirements as set out in the list of returnable documents. Compulsory Returnable Documentation Submitted Checklist (Guide for (Submission of (YES or NO) Bidder and the Bid these are compulsory) Evaluation Committee) a) To enable The City to verify the bidder’s tax Tax status must be compliant compliance status, the bidder must provide; before the award. • Tax compliance status PIN. or • Central Supplier Database (CSD) b) A copy of their Central Supplier Database CSD must be valid. (CSD) registration; or indicate their Master Registration Number / CSD Number; c) Confirmation that the bidding company’s Was a Municipal Account municipal service charges, rates and taxes Statement, or signed lease are up to date: Original or copy of Municipal agreement or letter from the Account Statement of the Bidder (bidding local councillor provided for the company) not older than 3 months and bidding company? The name account must not be in arrears for more than and / or addresses of the ninety (90) days; or ,signed lease agreement bidder’s statement correspond or In case of bidders located in informal with CIPC document, Address settlement, rural areas or areas where they on CSD or Company profile? are not required to pay Rates and Taxes a Are municipal service charges, letter from the local councillor confirming they rates and taxes up to date (i.e. are operating in that area not in arrears for more than 90 days? d) In addition to the above, confirmation that all Was a Municipal Account the bidding company’s owners / members / Statement, or signed lease directors / major shareholders municipal agreement or letter from the Compulsory Returnable Documentation Submitted Checklist (Guide for (Submission of (YES or NO) Bidder and the Bid these are compulsory) Evaluation Committee) service charges, rates and taxes are up to local councillor provided for the date: • Original or copy of Municipal Account company’s owners / members / Statement of all the South African based directors / major shareholders? owners / members / directors / major Are municipal service charges, shareholders not older than 3 months and the rates and taxes up to date (i.e. account/s may not be in arrears for more not in arrears for more than 90 than ninety (90) days; or a signed lease days? agreement of owners / members / directors / major shareholders or In case of bidders located in informal settlement, rural areas or areas where they are not required to pay Rates and Taxes a letter from the local councillor confirming they are residing in that area e) Duly Signed and completed MBD forms All documents fully completed (MBD 1, 4, 5, 8 and 9) The person signing (i.e. no blank spaces), All the bid documentation must be authorized to documents fully signed by (any sign on behalf of the bidder. Where the director / member / trustee as signatory is not a Director / Member / Owner / indicated on the CIPC Shareholder of the company, an official letter document, alternatively a of authorization or delegation of authority delegation of authority would should be submitted with the bid document. be required, Documents completed in black ink (i.e. no NB: Bidders must ensure that the directors, “Tippex” corrections, no pencil, trustees, managers, principal shareholders, no other colour ink, or non- or stakeholders of this company, declare submission of the MBD any interest in any other related companies forms, will not be considered) or business, whether or not they are bidding for this contract. See Question 3.14 of MBD 4. Failure to declare interest will result in a disqualification f) Audited Financial Statements for the most Applicable for tenders above recent three (3) years or Audited Financial R10m in conjunction with MBD Statements from date of existence for 5) companies less than three years old. NB: The bidder must submit signed audited Are Audited financial annual financial statements for the most recent statements provided (Audited three years, or if established for a shorter financials must be signed by period, submit audited annual financial auditor) Or proof that the statements from date of establishment. bidder is not required by law to prepare audited financial If the bidder is not required by law to prepare statements. signed annual financial statements for auditing purposes, then the bidder must submit proof that the bidder is not required by law to prepare audited financial statements. g) Joint Ventures (JV) – (Only applicable when If applicable. JV agreement the bidder tenders as a joint venture) Where provided? JV agreement the bidder bids as a joint venture (JV), the complete and relevant? required or relevant documents as per (a) to Agreement signed by all (f) above must be provided for all JV parties. parties? All required In addition to the above the bidder must documents as per (i.e. a to f) submit a Joint Venture (JV) agreement must be provided for all signed by the relevant parties. partners of the JV. NB: It is a condition of this bid that the successful bidder will continue with the same Joint Venture (JV) for the duration of the Compulsory Returnable Documentation Submitted Checklist (Guide for (Submission of (YES or NO) Bidder and the Bid these are compulsory) Evaluation Committee) contract unless prior approval is obtained from the City. h) Bidder attended a compulsory briefing A compulsory briefing register session where applicable must be signed by the bidder. Bidders will be disqualified should they fail to attend compulsory briefing session i) Pricing schedule (All items must be quoted Incomplete pricing schedule for in pricing schedule and if not, all items are results in totals being quoted the bidder will be disqualified). Unless incomparable. Bidder must be the tender is awarded per item or per section disqualified. where the bidder only quoted the items or sections, they are interested in. Bidder will be disqualified should they make corrections on the price schedule without attaching a signature or initialising thereto. Bidder will be disqualified should they use tippex/ correction ink, on the price schedule. 5. VALIDITY PERIOD The validity period for the tender after closure is 90 days. The City shall have right and power to extent any tender validity period beyond any initial validity period set and subsequent extensions. SCM shall ensure that an extension of validity is requested in writing from all bidders before the validity expiry date. Extension of validity shall be finalised while the quotations/bids are still valid MBD1 PART A INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CITY OF TSHWANE MUNICIPALITY CLOSING CLOSING BID NUMBER: EAM 04-2025/26 24 February 2026 10:00 DATE: TIME: REQUEST FOR INFORMATION (RFI) FOR THE DEVELOPMENT OF DESCRIPTION PARCEL 1: JAMBO RALLY ENTERTAINMENT AREA – FOUNTAINS VALLEY RESORT 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) Tshwane House Supply Chain Management 320 Madiba Street Pretoria CBD 0002 SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS TELEPHONE NUMBE CODE NUMBER R CELLPHONE NUMBER FACSIMILE NUMBE CODE NUMBER R E-MAIL ADDRESS VAT REGISTRATION NUMBER TAX COMPLIANCE TCS PIN: OR CSD No: STATUS B-BBEE STATUS LEVEL B-BBEE Yes VERIFICATION Yes STATUS LEVEL CERTIFICATE SWORN [TICK APPLICABLE No AFFIDAVIT No BOX] [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 THE ACCREDITED Yes No ARE YOU A Yes NoREPRESENTATIV FOREIGN BASED E IN SOUTH SUPPLIER FOR THE AFRICA FOR THE [IF YES ENCLOSE [IF YES, ANSWER PART GOODS /SERVICES GOODS PROOF] B:3 ] /WORKS OFFERED? /SERVICES /WORKS OFFERED? TOTAL NUMBER OF ITEMS TOTAL BID PRICE R OFFERED SIGNATURE OF ................................. DATE BIDDER ... CAPACITY UNDER WHICH THIS BID IS SIGNED BIDDING PROCEDURE ENQUIRIES MAY BE TECHNICAL INFORMATION MAY BE DIRECTED TO: DIRECTED TO: Environmental and DEPARTMENT Supply Chain Management DEPARTMENT Agriculture Management CONTACT CONTACT Maureen Radingoana Sibusiso Dlamini PERSON PERSON TELEPHONE TELEPHONE 012 358 6153 012 358 1611 NUMBER NUMBER EMAIL EMAIL ADDRESS maureenr@tshwane.gov.za sibusisodl@tshwane.gov.za ADDRESS 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, 2022, 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: ....................................... 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. ..................................................................... ........................................................................................................ 1 MSCM 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: ..................................................................... ...................................................................................................... 4. Full details of directors / trustees / members / shareholders. State Employee Full Name Identity Number Number ................................................... ............................................ Signature Date ................................................... ............................................ Capacity Name of Bid 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 ). 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 Yes No 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 Defaulters Yes No 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 (including a Yes No 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: 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 Yes No 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 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: 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. 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 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: EAM 04 2025/26 REQUEST FOR INFORMATION (RFI) FOR THE DEVELOPMENT OF PARCEL 1: JAMBO RALLY ENTERTAINMENT AREA – FOUNTAINS VALLEY RESORT. (Bid Number and Description) in response to the invitation for the bid made by: CITY OF TSHWANE MUNICIPALITY 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 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. 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. 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. 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 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