The Replanning of Nkululekweni Settlement Under Ingquza Hill Lm

SECTION 1: PURPOSE

Ingquza Hill Local Municipality intends to conduct a Replanning of Extension 18 township in Flagstaff through the

preparation of Town Planning activities, Amendment of the layout plan.

SECTION 2: BACKGROUND

The municipality intends to appoint a service provider for the Replanning of Extension 18 in Flagstaff through the

preparation of the formalization of the settlement via Town Planning activities in line with the Ingquza Hill Spatial

Development Framework, Ingquza Hill Land Use Management Scheme, Spatial Planning & Land Use Management

By-laws 2016 as well as the Land Survey Act 1997. The subject site is an existing township with General plan number

(5858/2000), consisting of other amenities that include a School, Day Care centres as well as streets. The General Plan

was approved (GP 5858/2000) however when development took place the sites were not aligned to the Layout Plan.

This resulted in sites that are not located where they should be, resulting in encroachments on site boundaries with

some sites established in the middle of the roads. The Municipality identified this as a challenge and intends to rectify

it through the replanning of Extension 18 to ensure proper alignment. The municipality therefore requires services of a

Service provider to conduct Town Planning.

Proposals are requested from a consortium or team of consultants / service providers who have experience of

undertaking activities that will result in the approval by the statutory authority.

SECTION 3: OBJECTIVES

The main objective of the project is:

• Replanning of the settlement

SECTION 4: SCOPE OF WORK

The process that is to be followed by the service provider will consist of the following steps:

• Amendment of the layout plan based on the topo or techy survey prepared by the land surveyor

• Town Planning application and approval

SECTION 5: DELIVERABLES

The expected outputs are as follows;

Planning

➢ Site Visits and Surveys

➢ Policy & Plan Scrutiny

➢ Maps Preparation

➢ Draft Power of Attorney

➢ Site Development Plan Design

➢ Motivation Report Writing

➢ Printing & Binding

➢ Final Application Submission

➢ Approval of the Town Planning Application

PROJECT LIFE CYCLE/PHASES

The following are the project management phases to ensure successful completion of the project:

➢ Phase 1: Inception;

➢ Phase 2: Planning;

➢ Phase 3: Execution and

➢ Phase 4: Close-out

SECTION 6: DURATION OF THE PROJECT

The project duration shall be three (3) months unless unexpected delays either on the side of the municipality or the

service provider are experienced. Timeframes should always be strictly adhered to unless written reasons are submitted

in advance to the project steering committee chairperson and municipal project manager in anticipation of project

delays.

SECTION 7: LEGAL REQUIREMENTS

It will be key for the appointed service provider to confirm that the development will be able to abide by the relevant

legislation such as the:

• Spatial Planning and Land Use Management Act ;

• Land Survey Act No.

• Sectional Titles Act No.

• CSIR Red book of standards; and,

• Ingquza Hill Municipality Spatial Development Framework and all other relevant legislation and policy

documents.

SECTION 8: AREAS TO BE PLANNED AND SURVEYED

Subject area.

SECTION 9: PROJECT MANAGEMENT

• Manage and play a lead role in the project in order to achieve the specified project purpose.

• Draft implementation schedule and time frames for all activities.

• Prepare regular daily progress reports to Ingquza Hill Project Manager.

SECTION 10: METHODOLOGY

The project will be implemented in a phased approach as indicated below:

➢ Provide quality progress reports monthly to the Project Steering Committee.

➢ Timeous submission of invoices and documentation for payment on completion of

project milestones.

➢ Provide variance reports against the Project Programme and planned project

expenditure and milestones during the project life cycle.

➢ Adhere to project milestones and expenditure.

The Service Provider shall advise the Municipality on matters relating to the approved Scope

of work.

➢ The Service Provider shall conduct its activities in accordance with best practices and the following

➢ The implementation of the allocated project with the set indicators is paramount and should be

approached as such;

➢ All documents submitted and/or produced shall become the property of the Ingquza Hill Local

Municipality;

project objectives.

SECTION 11: PROJECT IMPLEMENTATION PLAN AND PAYMENT SCHEDULE

address the following milestones:

MILESTONE TIMEFRAME OUTPUT PAYMENT

Phase 1: Inception

Introductory meeting with LM

1 Week Inception Report 30 %

Agree on Roles and

Responsibilities

Prepare Service Level Agreement

Phase 2: Planning TIMEFRAME OUTPUT PAYMENT

Site Visits and Surveys

Policy & Plan Scrutiny

3 Weeks Draft motivation report

LUMS Maps Preparation and plans

Draft Power of Attorney

Site Development

Plan Design

Draft motivation report writing

50%

Phase 3: Execution TIMEFRAME OUTPUT

Present draft Subdivision Plans

Final land usePresent draft land use application

application

1 Month

Finalise land use application

Submit application for approval Municipal approval

Public participation (advertise

application)

Phase 4: Close-out TIMEFRAME OUTPUT PAYMENT

Close out 1 month Close out report 20%

PROJECT DURATION 3 Months

SECTION 12: QUALIFICATION AND EXPERIENCE OF KEY PERSONNEL

requirements are key:

➢ Knowledge and experience in undertaking and completing similar projects

➢ Proof of similar projects undertaken

➢ Town and Regional Planning experience (5 years)

➢ Ability to create and read maps (GIS expertise)

➢ Experience in Project Management

➢ Research, analytical, writing and communication skills;

13.2 The following key legislative prescripts shall guide the process:

➢ South African Constitution, 1996

➢ Spatial Planning & Land Use Management Act

➢ Land Survey Act

13.3 All team members that will be directly involved in the project will be expected to attend all

progress report meetings as scheduled and agreed upon by both parties. It will be compulsory for the

project team leader, Spatial Planner or Land Surveyor to attend the regular update meetings.

SECTION 13: COST ESTIMATE VALIDITY PERIOD

All submitted quotations/cost estimates should be valid for Ninety (90) days.

SPECIAL NOTES:

amount before adding them for the final project amount (inclusive of Vat).

SECTION 14: GENERAL CONDITIONS OF THIS CONTRACT

➢ General conditions of the contract and principles of contract law will apply.

➢ Awarding of the bid will be subject to the Service Provider’s express acceptance of the

municipal Supply Chain Management special contract conditions.

➢ The Municipality and Service Provider will sign a Services Level Agreement upon appointment.

➢ No material or information derived from the provision of services under this contract may be

used for any other purposes except for those of the municipality, except where duly authorized

to do so in writing by the municipality.

➢ Copyright in respect of all documents and data prepared or developed for the purpose

of the project by the Service Provider shall be vested in municipality.

➢ The successful Service Provider agrees to keep all records and information of, or related to the

project confidential and not discloses such records or information to any third party without the

prior written consent of municipality.

➢ The municipality reserves the right to terminate the contract in the event that there is clear

evidence of non-performance and non-compliance with contract.

municipality at their own cost should it be deemed necessary.

SECTION 15: SPECIAL CONDITIONS OF THE CONTRACT

➢ Replacement of candidates for this assignment will not be allowed except in extreme

cases and the new candidates should possess the same educational qualifications

and experience or higher than their predecessors.

of the Municipal Manager or his/her delegate.

➢ Payment will be affected for each milestone achieved and payment will be made within 30 days

after the Municipality has been issued with a correct invoice and the report on the work done

including certificates and qualifications of team members and their anticipated role on the

project.

➢ The Service Provider should structure the budgets in such a way that it includes all expenses

such as VAT, workshop costs, fees and all additional costs.

information is clearly identified:

• Professional fees

• Disbursements

NB:

➢ All proposals are to respond to the requirements as set out in the Terms of Reference.

➢ All proposals should be clearly indexed and easy to read.

➢ Completed and binded documents should be submitted to the tender box in a sealed envelope

with the bin number and project title 135 Maim Street, Flagstaff, 4810

SECTION 10: FUNCTIONALITY

The evaluation of the functionality will be evaluated individually in accordance with the functionality criteria below and

weighting.

EXPERIENCE POINTS TOTAL POINTS

Appointment letters or orders and reference letters on Replanning of 40 Points 40 POINTS

settlement or amendment of layout plans (10 points per project with

a maximum of 4 projects in the Public Sector)

EXPERTISE

Project Leader to be a Professional Town Planner attach certified 20 points 40 POINTS

copy of ID, Qualification, with CV and registration professional body

(Sacplan) and 5 years’ experience post registration.

Technical Planner, attach certified copy of ID, Qualification, with CV 10 Points

and registration with professional body (PLATO/SAGC) and 3 years’

experience post registration

Professional GIS, attach certified copy of ID, Qualification, with CV 10 Points

and registration with professional body (SAGC) and 5 years’

experience post registration

A detailed organogram with responsibilities for professional team

listed above

METHODOLOGY

Program of work and Methodological approach 10 Points 20 POINTS

Cashflow Projections 10 Points

TOTAL 100 100

2.2 TENDER OFFER

I, (duly

authorized to represent the tenderer for the purpose of this tender), hereby tender to supply all or any of the goods

and/or render all or any of the services described in the attached document to the Ingquza Hill Local Municipality

on the terms and conditions stipulated in this tender document and in accordance with the specification

stipulated in the tender document at the prices reflected in the Contract Form/Price Schedule.

BIDDERS TOTAL OFFER (Inclusive of vat and all other charges)

R...........................................................................................................................

The tenderer agrees that:

3.1 The tender offer submitted shall remain valid, irrevocable and open for written acceptance by the

Ingquza Hill Local Municipality for a period of 90 days from the closing date or for such extended period

as may be applicable;

3.2 The tender offer will not be withdrawn or amended during the aforesaid validity period;

3.3 Notwithstanding the above, the tenderer may submit a written request to the Ingquza Hill Local

Municipality after the closing date for permission to withdraw the tender offer. Such withdrawal will be

permitted or refused at the sole discretion of the Ingquza Hill Local Municipality after consideration

of the reasons for the withdrawal, which shall be fully set out by the tenderer in the written request for

withdrawal;

3.4 Should the tender offer be withdrawn in contravention of 3.1 to 3.3 above, the tenderer agrees that:

(a) it shall be liable to the Ingquza Hill Local Municipality for any additional expense incurred by the

Ingquza Hill Local Municipality in having either to accept another tender or, if new tenders have to be

invited, the additional expenses incurred by the invitation of new tenders and the subsequent

acceptance of any other tender;

(b) the Ingquza Hill Local Municipality shall also have the right to recover such additional expenses by

set-off against moneys which may be due or become due to the tenderer under this or any other tender

or contract or against any guarantee or deposit that may have been furnished by the tenderer or on its

behalf for the due fulfilment of this or any other tender or contract. Pending the ascertainment of the

amount of such additional expenses, the Ingquza Hill Local Municipality shall be entitled to retain

such moneys, guarantee or deposit as security for any loss the Ingquza Hill Local Municipality may

suffer due to such withdrawal.

3.5 The tenderer agrees that this tender and its acceptance shall be subject to the terms and conditions

contained in the Ingquza Hill Local Municipality’s Supply Chain Management Policy (‘SCM Policy’)

and Combating of Abuse of the Supply Chain Management System Policy (‘Abuse Policy’).

Signature(s)

Print name(s):

On behalf of the tenderer (duly authorised)

Date

MBD 4

3. 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

evaluating/adjudicating authority.

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

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

for preference points for specific goals.

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF THE TENDER AND PREFERENTIAL

PROCUREMENT REGULATIONS, 2022

1. GENERAL CONDITIONS

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

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

included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 To be completed by the organ of state

(delete whichever is not applicable for this tender).

a) The applicable preference point system for this tender is the 90/10 preference point system.

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

c) Either the 90/10 or 80/20 preference point system will be applicable in this tender. The lowest/ highest

acceptable tender will be used to determine the accurate system once tenders are received.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded for:

(a) Price; and

(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:

POINTS

PRICE 80

SPECIFIC GOALS 20

Total points for Price and SPECIFIC GOALS 100

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

state.

2. DEFINITIONS

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

provide goods or services through price quotations, competitive tendering process or any other method

envisaged in legislation;

(b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes

less all unconditional discounts;

(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and

includes all applicable taxes;

(d) “tender for income-generating contracts” means a written offer in the form determined by an organ of state

in response to an invitation for the origination of income-generating contracts through any method envisaged

in legislation that will result in a legal agreement between the organ of state and a third party that produces

revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession

contracts, excluding direct sales and disposal of assets through public auctions; and

(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. ).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

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

80/20 or 90/10

Pt−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

3.2.1. POINTS AWARDED FOR PRICE

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

80/20 or 90/10

Pt−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

4. POINTS AWARDED FOR SPECIFIC GOALS

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

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

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,

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

Number of Number of Number of

Number of points points points

points claimed claimed allocated

allocated (80/20 (90/10

(90/10 system) The specific goals (80/20 system) system)

allocated points in system) (To be (To be Verification documents terms of this tender (To be completed (To be completed by completed by by the completed by the tenderer) the organ of tenderer)

the organ of state)

state)

Company owned by 6 CSD registration report/

people who are youth ID Copy of the owner/

(18-35 years) director registered

Company owned by 6 CSD registration report/

people who are women ID Copy of the owner/

director registered

Company owned by 2 Letter from a medical

people who are living practitioner

with disability

Company owned by 6 CSD registration report/

black people ID Copy of the owner/

director registered

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:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph

1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and

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.

WITNESSES:

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

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

SIGNATURE(S) OF BIDDER(S)

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

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

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

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

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

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

MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

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)

1. 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.

2. 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)

3. 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.

4. 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 fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding

this or any other bid.

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

NAME (PRINT) .................................................

WITNESSES

CAPACITY .................................................

SIGNATURE ................................................. 1 ........................

NAME OF FIRM ................................................. 2. ........................

DATE .................................................

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

MBD 7.1

CONTRACT FORM - PURCHASE OF GOODS/WORKS

PART 2 (TO BE FILLED IN BY THE PURCHASER)

1. 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).

2. An official order indicating delivery instructions is forthcoming.

3. 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.

PRICE (ALL MINIMUM THRESHOLD FOR

ITEM

APPLICABLE BRAND DELIVERY PERIOD LOCAL PRODUCTION AND

NO.

TAXES INCLUDED) CONTENT (if applicable)

4. I confirm that I am duly authorized to sign this contract.

SIGNED AT .............................................ON......................................

NAME (PRINT) ...........................................

SIGNATURE ...........................................

OFFICIAL STAMP WITNESSES

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

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

DATE ............................

MBD 8

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 ).

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 Yes No

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 in terms Yes No

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 municipal Yes No

charges to the municipality, or to any other municipality, 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 or any other organ of state Yes No

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

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.

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.

and submitted with the bid:

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

2 Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete,

secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to

acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between

competitors not to compete.

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________

(Name of Municipality / Municipal Entity)

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

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

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.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products

or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly,

to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

3 Joint venture or Consortium means an association of persons for the purpose of combining their expertise,

property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

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