RFQJW02ZZ26 - Roof leak repairs

The aim of the SHE specification is to ensure that any contractor which is appointed by Johannesburg

Water to conduct any work complies with the SHE requirements of the SHE specification and any

other legislative requirement applicable to the contract scope.

3. APPLICABILITY

This document is applicable to all contractors and suppliers conducting contractual activities for and

on behalf of Johannesburg Water.

4. APPOINTMENTS

All appointees shall be suitably trained and found to be competent for the responsibilities there are

assigned for.

relevant SHE file.

5. INSURANCE

The contractor and all its appointed sub-contractor(s) shall be registered with an appropriate

compensation commissioner and have a valid letter of good standing from commissioner. The

contractor is responsible for ensuring the Letter of Good Standing is valid for the entire duration of the

6. COSTING FOR SHE REQUIREMENTS

The contractor is responsible for ensuring that SHE costing is taken into consideration for the entire

project/contract as this will ensure they comply with the SHE legislative requirements

7. INDUCTION

An initial induction shall be done with key personnel to familiarize them with the requirements on site

and for compiling the SHE file.

Once labourers are appointed JW will conduct an induction on SHE requirements, and the contractor

Document Minimum SHE Requirements for Construction Related

title : RFQ projects

Revision 00 Author: OHS: Projects

Effective Date January 2017 Pages: 01

8. SUBMISSION OF SAFETY FILE

• Once appointed the contractor can submit their safety file for approval.

• Approval will be granted when the critical items have been sufficiently addressed.

9. RISK ASSESSMENT

• Every Contractor who has been appointed contractually to conduct work for Johannesburg water

shall do compile a baseline risk assessment prior to starting with work, subject to the approval of

the Client.

• Thereafter the task based risk assessments will be done daily with every task being done.

10. SAFE WORKING PROCEDURES / METHOD STATEMENTS

• Incident investigation, emergency plan, waste management plan, PPE procedure, hand tool

procedure, hazardous chemical substance procedure.

11. WORKING IN ELEVATED POSITIONS

• JW shall not require or permit any person to work in an elevated position, and no person shall

work in an elevated position, unless such work is performed safely from a ladder or scaffolding, or

from a position where such person has been made as safe as if he were working from scaffolding.

12 WORKING ON A LADDER

• An employer shall ensure that every ladder is constructed of sound material and is suitable for the

purpose for which it is used, and is fitted with non-skid devices at the bottom ends and hooks or

similar devices at the upper ends or of the stiles which shall ensure the stability of the ladder

during normal use; or is so lashed, held or secured whilst being used as to ensure the stability of

the ladder under all conditions and at all times.

13. WELDING, FLAME, CUTTING, SOLDERING AND SIMILAR OPERATIONS

• JW shall not require or permit welding or flame cutting operations to be undertaken, unless the

contractor operating the equipment has been fully instructed in the safe operation and use of such

equipment and in the hazards which may arise from its use and effective protection is provided

and used for the eyes and respiratory system and, where necessary, for the face, hands, feet,

legs, body and clothing of persons performing such operations, as well as against heat,

incandescent or flying particles or dangerous radiation;

Document Minimum SHE Requirements for Construction Related

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where not practicable all other persons exposed to the hazards are warned and provided with

suitable protective equipment

14 MEDICAL SCREENING REQUIREMENTS

• The contractor shall ensure that a medical surveillance programme is implemented for all

employees.

• The medical examination shall be conducted in line with the employee job profile/job description.

employees who will be doing work for Johannesburg Water.

not aggravate their medical condition as to endanger themselves or other employees.

• The following tests shall be done:

o Audiograms.

o A cardio-respiratory examination

o Lung function tests.

o Eye/ sight tests.

o A general physical examination.

o A review of previous medical history.

o Blood pressure tests

o Glucose tests

o Vaccinations (Hepatitis A & Typhoid)

15 TOOLBOX TALKS

• The contractor shall ensure they conduct toolbox talks with their employees on a weekly basis

• The objective of toolbox talks should be to communicate relevant site information to assist in

improvement of occupational health and safety performance.

SHE file.

16. PERSONAL PROTECTIVE EQUIPMENT (PPE)

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employees to ensure that they are still in good condition to be used by the employee or they still

comply with manufacture requirements.

• The contractor is responsible for ensuring that employees are trained on the safe use of the PPE

issued to them, how to maintain it and the limitations of the PPE.

• NO SHORTS OR DRESSES WILL BE ALLOWED ON SITE

17. WORKPLACE SIGNAGE

areas.

18. INCIDENT REPORTING AND INVESTIGATION

• All incidents shall be reported to the Client before the end of the shift or within 24hrs of

occurrence.

• Section 24 incidents shall be reported to DOL using the prescribed format.

• The contractor shall develop an incident management procedure and communicate with all

employees.

19. NOTIFICATION OF CONSTRUCTION WORK

• The contractor shall notify the DOL in the prescribed format of the intended work prior to work.

20. COMPLIANCE MONITORING

• Weekly inspections and monthly audits will be conducted on site.

21. PROJECT COMPLETION

• Upon completion of the project the SHE file shall be returned to the Client for retention and close

out.

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Project details

Project Scope: Roof leak repairs

Depot / Site / Department: Fennel Road round building

Estimated duration: TBC

Letter of Good Standing Yes X No N/A

SHE plan Yes X No N/A

Risk Assessment Yes X No N/A

Safe working Procedures Yes X No N/A

Notification of Construction work Yes X No N/A

Inspection registers Yes X No N/A

xMedicals Yes No N/A

Vaccinations Yes No X N/A

PPE (boots, hard hats, overall) Yes X No N/A

Induction Yes X No N/A

Approval from OHS Yes X No N/A

APPOINTMENTS AND COMPETENCIES

Construction Supervisor

XAppointment Yes No N/A

CV (and/ certificates) Yes X No N/A

Safety Officer

Appointment Yes No x N/A

CV (and/ certificates) Yes No x N/A

Document Minimum SHE Requirements for Construction Related

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RETURNABLE ANNEXURE A: ACKNOWLEDGEMENT OF SHE SPECIFICATION & ANNEXURES

CONTRACTOR:

I, the undersigned, hereby acknowledge that I have obtained copies of the following listed

documentation and confirm that I fully understand the contents thereof and the consequences of non-

compliance. The Contractor furthermore reiterates its commitment to compliance of the requirements

contained within the following provided documentation:

• Johannesburg Water SOC Ltd, Safety, Health & Environmental (SHE) Specification,

Annexure 1: Baseline risk assessment conducted for or on behalf of Johannesburg Water

SOC Ltd;

Signed at ................................................ on this ........ Day of ........................... 20............

CONTRACT MANAGER

NAME DESIGNATION DATE SIGNATURE

CONTRACT SUPERVISOR

NAME DESIGNATION DATE SIGNATURE

WITNESS (1)

NAME DESIGNATION DATE SIGNATURE

WITNESS (2)

NAME DESIGNATION DATE SIGNATURE

Guide: How to submit a response on the E-tender Portal

• Submit on E tender portal, following the below:

1. (https://www.etenders.gov.za/)

2. Search/Click Browse Opportunities by organ of state (Johannesburg

Water)/search by RFQ reference number .

3. Click the + sign to expand the tender/ RFQ information.

4. start the e submission process.

5. Supplier login

6. Use your CSD Credentials to Login. Contact CSD on ([email protected]) in

case you forgot your login credentials. “My profile should show if you have

logged in successfully”.

7. select supplier.

8. check the submission checklist and attached the compulsory documents.

9. confirm and proceed .

If the application is not going through on the E-tender portal Contact:

eTenders Contact Centre

+27(0)12 406 9222 / 012 406-9229 / 012 312-5000

[email protected]

https://etenders.treasury.gov.za

POPIA PRIVACY STATEMENT

Johannesburg Water SOC Limited

In terms of the Protection of Personal Information Act, 213 (Act ), also called the

POPI Act or POPIA, Johannesburg Water SOC Limited, undertakes all reasonable measures

to protect personal information and to keep it private and confidential.

1. Privacy Notice applies to:

Suppliers, vendors, contractors, service providers, etc whether appointed or

prospective.

2. Definitions of personal information

According to the Act “personal information” means information relating to an

identifiable living, natural person, and where it is applicable, an identifiable, existing

juristic person. All addresses including residential, postal and email addresses.

3. About the Public Entity

Johannesburg Water (SOC) Limited, registration number 2000/029271/30

3.1 The information we collect

We collect information directly from you where you provide us with your

personal details. Where possible, we will inform you what information you are

3.2 How Johannesburg Water use your information

We will use your personal information only for the purposes for which it was

collected and agreed with you. For example: to gather contact information, to

confirm and verify your identity, for the evaluation and adjudication of bids and

quotations for tenders, request for quotations, and other personal information

for the procurement of goods and services by the Entity.

3.3 Disclosure of information

We may disclose your personal information to our Shareholder, the City of

Johannesburg, and other Government agencies such as National Treasury,

and the Auditor-General of South Africa. We have agreements in place to

Protection of Personal Information Act.

We may also disclose your information:

• Where we have a duty or a right to disclose in terms of law;

• Where we believe it is necessary to protect our rights.

3.4 Information Security

We are legally obliged to provide adequate protection for the personal

information we hold and to stop unauthorised access and use of personal

information. We will, on an ongoing basis, continue to review our security

POPIA PRIVACY STATEMENT

Johannesburg Water SOC Limited

controls and related processes to ensure that your personal information

remains secure.

When we contract with third parties, we impose appropriate security, privacy

and confidentiality obligations on them to ensure that personal information that

we remain responsible for, is kept secure. We will ensure that anyone whom

we pass your personal information agrees to treat your information with the

same level of protection as we are obliged to.

3.5 Your rights: Access to Information

You have the right to request a copy of the personal information we hold about

you. To do this, simply contact us at [email protected], and

specify what information you require.

3.6 Correction of your personal information

You have the right to ask us to update, correct or delete your personal

information. We will require a copy of your identification document to confirm

your identity before making changes to personal information we may hold about

you. We would appreciate it if you would keep your personal information

accurate and up to date.

3.7 How to contact us

If you have any queries about this document; you need further information

about our privacy practices; wish to withdraw consent; exercise preferences or

access or correct your personal information, please contact us at the numbers

listed on our website or send an email to [email protected].

City of Johannesburg

Johannesburg Water SOC Ltd

Turbine Hall Johannesburg Water Tel +27(0) 11 688 1400

65 Ntemi Piliso Street PO Box 61542 Fax +27(0) 11 688 1528

Newtown Marshalltown

Johannesburg 2107

www.johannesburgwater.co.za

PLEASE SUPPLY THE FOLLOWING DOCUMENTS TO ENABLE US TO

EVALUATE YOUR SUBMISSION :

Returnable Description Yes/No

Documents

1 Original Valid Tax Clearance COMPULSORY

Certificate /valid SARS PIN

2 A, certified /original/valid, BBBEE COMPULSORY

certificate /sworn affidavit (Please

note that the Sworn Affidavit

BBEE Practice Guide

, NON COMPLIANT AFFIDAVIT

WILL BE SCORED ZERO)

not be older than 90 days in

arrears in line with regulation 38.

4 Signed Declaration of Interest COMPULSORY

form (MBD 4)

5 Declaration of Bidders past COMPULSORY

supply chain management

practices (MBD 8)

6 Certificate of Independent COMPULSORY

Proposal Determination (MBD 9)

7 Proof of CSD registration /MAAA COMPULSORY

Supplier Number

8 Preference points claim form in COMPULSORY

terms of the preferential

procurement regulations 2022

(MBD 6.1)

9 Company registration documents COMPULSORY

with ID copies of directors /

shareholders.

Directors:

Ms Gugulethu Phakathi (Chairperson), Mr Ntshavheni Mukwevho (Managing Director and Executive Director),

Mr Johan Koekemoer (Financial Director and Executive Director), Mr Phetole Modika, Mr Siphamandla Mnyani, Mr Siyabonga Mthembu,

Mrs Zandile Meeleso, Mr Pholoso Matjele, Mr Kgaile Mogoye, Mr Sandiso Mgengwana, Mr Molate Mashifane, Ms Pamela Mabece,

Mr Lunga Bernard

Ms Kethabile Mabe (Company Secretary),

Johannesburg Water SOC Ltd

Registration Number: 2000/029271/30

ANNEXURE C

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

authorised representative declare their position in relation to the evaluating/adjudicating

authority.

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

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:

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

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

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

Full Name Identity Number State Employee

Number

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

Signature Date

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

Capacity Name of Bidder

MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

and serves as a claim form for preference points for specific goals.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to invitations to tender:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all

applicable taxes included); and

1.2 To be completed by the organ of state

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

system.

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 GOALS 100

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

2. DEFINITIONS

(a) “tender” means a written offer in the form determined by an organ of state in response

to an invitation to provide goods or services through price quotations, competitive

tendering process or any other method envisaged in legislation;

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(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.

).

3. 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:

80/20

Pt−P min

Ps = 80 (1 − )

P min

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.1.1. POINTS AWARDED FOR PRICE

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

80/20

Pt−P max

Ps = 80 (1 + ) o

P max

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

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4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement

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:

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

below.

preference point system.)

Number of Number of Proof of documents

points points per specific goals

The specific goals claimed

allocated points in terms allocated (80/20

of this tender (80/20 system) system)

SMME (An EME or QSE) 51% or 20

more black owned by Black •Valid BBBEE Certificate

People issued by SANAS

accredited verification

agency or DTI /CIPC BBBEE

Certificate for Exempted

Micro Enterprises or

Qualifying Small Enterprise

or Affidavit sworn under

oath.

DECLARATION WITH REGARD TO COMPANY/FIRM

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

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

4.4. 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]

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4.5. 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

proof to the satisfaction of the organ of state that the claims are correct;

iv) If the specific goals have been claimed or obtained on a fraudulent basis or any

of the conditions of contract have not been fulfilled, the organ of state may, in

addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as a

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered

as a result of having to make less favourable arrangements due

to such cancellation;

(d) recommend that the tenderer or contractor, its shareholders and

directors, or only the shareholders and directors who acted on a

fraudulent basis, be restricted from obtaining business from any

organ of state for a period not exceeding 10 years, after the audi

alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution, if deemed necessary.

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

SIGNATURE(S) OF TENDERER(S)

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

DATE: ...............................................................

ADDRESS: ...............................................................

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

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

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

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MBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN

MANAGEMENT PRACTICES

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 ).

completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as Yes No

companies or persons prohibited from doing business with the public sector?

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

this restriction by the Accounting Officer/Authority of the institution that imposed the

restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s

website(www.treasury.gov.za) and can be accessed by clicking on its link at the

bottom of the home page.

4.1.1 If so, furnish particulars:

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

terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No )?

The Register for Tender Defaulters can be accessed on the National Treasury’s

website (www.treasury.gov.za) by clicking on its link at the bottom of the home

page.

4.2.1 If so, furnish particulars:

4.3 Was the bidder or any of its directors convicted by a court of law (including a court of Yes No

law outside the Republic of South Africa) for fraud or corruption during the past five

years?

4.3.1 If so, furnish particulars:

Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or Yes No

municipal charges to the municipality / municipal entity, or to any other municipality

/ municipal entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

4.5 Was any contract between the bidder and the municipality / municipal entity or any Yes No

other organ of state terminated during the past five years on account of failure to

perform on or comply with the contract?

4.7.1 If so, furnish particulars:

CERTIFICATION

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

CERTIFY THAT THE INFORMATION FURNISHED ON THIS

DECLARATION FORM TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT,

ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE

TO BE FALSE.

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

Signature Date

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

Position Name of Bidder

Js367bW

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

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

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)

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.