Common use of Notices Clause in Contracts

Notices. 31.1 Every written acceptance of a bid must be posted to the supplier concerned by registered or certified mail and any other notice to him must be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting must be deemed to be proper service of such notice. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONAL TREASURY: Republic of South Africa 31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, must be reckoned from the date of posting of such notice. 32. Taxes and 32.1 A foreign supplier must be entirely responsible for all taxes, Duties stamp duties, license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier must be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the purchaser. 32.3 No contract must be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified that the tax matters of the preferred bidder are in order. 32.4 No contract must be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears. 33. Transfer of 33.1 The contractor must not abandon, transfer, cede assign or sublet Contracts a contract or part thereof without the written permission of the purchaser 34. Amendment 34.1 No agreement to amend or vary a contract or order or the of contracts conditions, stipulations or provisions thereof must be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary must be in writing, must also be in writing. 35. Prohibition of 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 Restrictive practices 1998, as amended, an agreement between, or concerted practice By, firms, or a decision by an association of firms, is prohibited if it Is between parties in a horizontal relationship and if a bidder(s) is / Are or a contractor(s) was / were involved in collusive bidding. 35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 of 1998. 35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with The public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractors(s) concerned. BERGRIVIER MUNICIPALITY MBD9

Notices. 31.1 Every written acceptance of a bid must be posted to the supplier concerned by registered or certified mail and any other notice to him must be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting must be deemed to be proper service of such notice. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONAL TREASURY: Republic of South Africa 31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, must be reckoned from the date of posting of such notice. 32. Taxes and 32.1 A foreign supplier must be entirely responsible for all taxes, Duties 32.2 stamp duties, license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier must be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to 32.3 the purchaser. 32.3 No contract must be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have 32.4 certified that the tax matters of the preferred bidder are in order. 32.4 No contract must be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears. 33. Transfer of 33.1 The contractor must not abandon, transfer, cede assign or sublet Contracts a contract or part thereof without the written permission of the purchaser 34. Amendment 34.1 No agreement to amend or vary a contract or order or the of contracts conditions, stipulations or provisions thereof must be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary must be in writing, must also be in writing. 35. Prohibition of 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 Restrictive practices 1998, as amended, an agreement between, or concerted practice By, firms, or a decision by an association of firms, is prohibited if it Is between parties in a horizontal relationship and if a bidder(s) is / Are or a contractor(s) was / were involved in collusive bidding. 35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 of 1998. 35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with The public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractors(s) concerned. BERGRIVIER MUNICIPALITY MBD9MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL 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. 89 of 1998, 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 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 I or services for purchasers who wish to acquire goods and I or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. BERGRIVIER MUNICIPALITY MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION I, the undersigned, in submitting the accompanying documentation: FQ 8/2/53-2020 / MN162-2020: PRESENTATION OF AN AUCTION FOR BERGRIVIER MUNICIPALITY Written quotation and Description in response to the invitation for the bid/written quotation/formal quotation made by: BERGRIVIER 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/Contractor) 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" must 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 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. 6 The contractor has arrived at the accompanying proposal 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 proposal; e) the submission of a proposal which does not meet the specifications and conditions of the proposal; or f) propose with the intention not to win the bid/formal quotation/written quotation. 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 invitation relates. 9 The terms of the accompanying bid/formal quotation/written quotation have not been, and will not be, disclosed by the contractor, 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. 89 of 1998 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. 12 of 2004 or any other applicable legislation. ………………………………………………………. …………………………………. Signature Date ………………………………………………………. …………………………………. Position Name of Contractor BERGRIVIER MUNICIPALITY CHECK LIST FOR COMPLETENESS OF BID DOCUMENT 8/2/53-2020 (MN162/2020) The bidder must ensure that the following checklist is completed, that the necessary documentation is attached to this bid document and that all declarations are signed: Non adherence to this checklist will invalidate your offer! *Mark with “X” where applicable Items to be checked Yes No Comments 1. Completed and signed all pages containing the details of bidder 2. Valid and original tax clearance certificate attached to bid document or submitted the TCS PIN NUMBER Was the MAAA NR of CSD quoted on page 3 3. Adhered to the pricing instructions (MBD 3.1 ) 4. Completed and signed declaration of interest (MBD 4) 5. Was all the Directors/Shareholders ID no’s. quoted on MBD4 6. Preference points claimed and signed declarations (MBD 6.1 where applicable) 7. Signed MBD 7.1 where applicable. 8. Signed declaration of bidder’s past supply chain management practices (MBD 8) 9. Prohibition of Restrictive Practices (MBD 9) be completed and signed 1. A certified copy or original BBBEE certificate 2. Latest municipal account of the bidder and its directors must be attached If the bidder is not responsible for the payment of municipal rates and/ services, details in support of this must be attached to this bid document e.g. Lease agreement/ AFFIDAVIT of no property. 3. Bidder initialed all the pages at the footnote as required in the document.

Notices. 31.1 Every written acceptance of a bid must be posted to the supplier concerned by registered or certified mail and any other notice to him must be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting must be deemed to be proper service of such notice. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONAL TREASURY: Republic of South Africa 31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, must be reckoned from the date of posting of such notice. 32. Taxes and 32.1 A foreign supplier must be entirely responsible for all taxes, Duties stamp duties, license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier must be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the purchaser. 32.3 No contract must be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have 32.4 certified that the tax matters of the preferred bidder are in order. 32.4 No contract must be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears. 33. Transfer of 33.1 The contractor must not abandon, transfer, cede assign or sublet Contracts a contract or part thereof without the written permission of the purchaser 34. Amendment 34.1 No agreement to amend or vary a contract or order or the of contracts conditions, stipulations or provisions thereof must be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary must be in writing, must also be in writing. 35. Prohibition of 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 Restrictive practices 1998, as amended, an agreement between, or concerted practice By, firms, or a decision by an association of firms, is prohibited if it Is between parties in a horizontal relationship and if a bidder(s) is / Are or a contractor(s) was / were involved in collusive bidding. 35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 of 1998. 35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with The public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractors(s) concerned. BERGRIVIER MUNICIPALITY MBD9MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL 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. 89 of 1998, 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 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 I or services for purchasers who wish to acquire goods and I or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. BERGRIVIER MUNICIPALITY MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION I, the undersigned, in submitting the accompanying documentation: FQ8/2/3-2018: SECURITY SERVICES AT DWARSKERSBOS- , STYWELYNE - & PELICAN BEACH RESORT Written quotation and Description in response to the invitation for the bid/written quotation/formal quotation made by: BERGRIVIER 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/Contractor) 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" must 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 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. 6 The contractor has arrived at the accompanying proposal 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 proposal; e) the submission of a proposal which does not meet the specifications and conditions of the proposal; or f) propose with the intention not to win the bid/formal quotation/written quotation. 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 invitation relates. 9 The terms of the accompanying bid/formal quotation/written quotation have not been, and will not be, disclosed by the contractor, 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. 89 of 1998 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. 12 of 2004 or any other applicable legislation. ………………………………………………………. …………………………………. Signature Date ………………………………………………………. …………………………………. Position Name of Contractor BERGRIVIER MUNICIPALITY CHECK LIST FOR COMPLETENESS OF BID DOCUMENT The bidder must ensure that the following checklist is completed, that the necessary documentation is attached to this bid document and that all declarations are signed: Non adherence to this checklist will invalidate your offer ! *Mark with “X” where applicable Items to be checked Yes No Comments 1. Completed and signed all pages containing the details of bidder 2. Valid and original tax clearance certificate attached to bid document or submitted the TCS PIN NUMBER Was the MAAA NR of CSD quoted on page 3 3. Adhered to the pricing instructions (MBD 3.1 ) 4. Completed and signed declaration of interest (MBD 4) 5. Was all the Directors/Shareholders ID nrs quoted on MBD4 6. Preference points claimed and signed declarations (MBD 6.1 where applicable) 7. Signed MBD 7.1 where applicable. 8. Signed declaration of bidder’s past supply chain management practices (MBD 8) 9. Prohibition of Restrictive Practices (MBD 9) be completed and signed 9. A certified copy or original BBBEE certificate 10. Latest municipal account of the bidder and its directors must be attached If the bidder is not responsible for the payment of municipal rates and/ services, details in support of this must be attached to this bid document x.x.xxxxx agreement/ AFFADAVIT of no property. 11. Bidder initialed all the pages at the footnote as required in the document. CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………………..……..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS CHECK LIST IS TRUE AND CORRECT. ………………………………………... ……………………………… Signature Date …………………………………………. ………………………………………………… Position Name SUPPLY CHAIN MANAGEMENT BERGRIVIER Municipality • Umasipala • Munisipaliteit Xx. X. Xxxxxxxx Ref: 6/1/1 Tel: (000)000 0000 Fax: (000)000 0000 Enquiries: E-mail: xxxxxxxxX@xxxxxxx.xxx.xx All Service Providers (SP’s) and potential bidders Dear Sir/Madam Incomplete documentation in terms of bidding processes. With reference to the judgment of the Supreme Court of Appeal case number 937/2012 Dr XX Xxxxxx Municipality vs. Xxxxxxx (PTY) Limited 2013 JDR 2728 SCA the following: “In our view the judgment supports the proposition that a Municipality determines the requirements for a valid tender and a failure to comply with the prescribed conditions of tender will result in such tender being disqualified as it would not be an 'acceptable tender' as defined in the Preferential Procurement Policy Framework Act 5 of 2000 unless the prescribed conditions are immaterial, unreasonable or unconstitutional. Therefore, provided that the relevant tender document makes provision for an original tax clearance certificate and/or any other certificates/documents as a prescribed minimum prerequisite and/or peremptory requirement in order for such tender to be considered an 'acceptable tender' and to pass the threshold requirement for consideration and evaluation, and a tenderer fails to provide same, the Municipality would be within its rights to disqualify such tender/tenderer.” Therefore BERGRIVIER Municipality will with immediate effect exclude all offers from bidders if the required documentation is not handed in/or attached with the original bidding documents. Municipal Manager 02 February 2018

Notices. 31.1 Every written acceptance of a bid must be posted to the supplier concerned by registered or certified mail and any other notice to him must be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting must be deemed to be proper service of such notice. GOVERNMENT PROCUREMENT: GENERAL CONDITIONS OF CONTRACT THE NATIONAL TREASURY: Republic of South Africa 31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, must be reckoned from the date of posting of such notice. 32. Taxes and 32.1 A foreign supplier must be entirely responsible for all taxes, Duties stamp duties, license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier must be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the purchaser. 32.3 No contract must be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid SARS must have certified that the tax matters of the preferred bidder are in order. 32.4 No contract must be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears. 33. Transfer of 33.1 The contractor must not abandon, transfer, cede assign or sublet Contracts a contract or part thereof without the written permission of the purchaser 34. Amendment 34.1 No agreement to amend or vary a contract or order or the of contracts conditions, stipulations or provisions thereof must be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary must be in writing, must also be in writing. 35. Prohibition of 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 Restrictive practices 1998, as amended, an agreement between, or concerted practice By, firms, or a decision by an association of firms, is prohibited if it Is between parties in a horizontal relationship and if a bidder(s) is / Are or a contractor(s) was / were involved in collusive bidding. 35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No 89 of 1998. 35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with The public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractors(s) concerned. BERGRIVIER MUNICIPALITY MBD9MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL 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. 89 of 1998, 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 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 I or services for purchasers who wish to acquire goods and I or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. BERGRIVIER MUNICIPALITY MBD9 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION I, the undersigned, in submitting the accompanying documentation: FQ 8/2/15-2020 MN65-2020: SUPPLY AND DELIVERY OF BERMAD ALTITUDE CONTROL VALVES IN VELDDRIF Written quotation and Description in response to the invitation for the bid/written quotation/formal quotation made by: BERGRIVIER 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/Contractor) 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" must 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 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. 6 The contractor has arrived at the accompanying proposal 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 proposal; e) the submission of a proposal which does not meet the specifications and conditions of the proposal; or f) propose with the intention not to win the bid/formal quotation/written quotation. 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 invitation relates. 9 The terms of the accompanying bid/formal quotation/written quotation have not been, and will not be, disclosed by the contractor, 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. 89 of 1998 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. 12 of 2004 or any other applicable legislation. ………………………………………………………. …………………………………. Signature Date ………………………………………………………. …………………………………. Position Name of Contractor BERGRIVIER MUNICIPALITY CHECK LIST FOR COMPLETENESS OF BID DOCUMENT 8/2/15-2020 (MN65/2020) The bidder must ensure that the following checklist is completed, that the necessary documentation is attached to this bid document and that all declarations are signed: Non adherence to this checklist will invalidate your offer! *Mark with “X” where applicable Items to be checked Yes No Comments 1. Completed and signed all pages containing the details of bidder 2. Valid and original tax clearance certificate attached to bid document or submitted the TCS PIN NUMBER Was the MAAA NR of CSD quoted on page 3 3. Adhered to the pricing instructions (MBD 3.1 ) 4. Completed and signed declaration of interest (MBD 4) 5. Was all the Directors/Shareholders ID no’s. quoted on MBD4 6. Preference points claimed and signed declarations (MBD 6.1 where applicable) 7. Signed MBD 7.1 where applicable. 8. Signed declaration of bidder’s past supply chain management practices (MBD 8) 9. Prohibition of Restrictive Practices (MBD 9) be completed and signed 9. A certified copy or original BBBEE certificate 10. Latest municipal account of the bidder and its directors must be attached If the bidder is not responsible for the payment of municipal rates and/ services, details in support of this must be attached to this bid document e.g. Lease agreement/ AFFIDAVIT of no property. 11. Bidder initialed all the pages at the footnote as required in the document. CERTIFICATION I, THE UNDERSIGNED (FULL NAME IN PRINT) …………………..……..……………………………..…… CERTIFY THAT THE INFORMATION FURNISHED ON THIS CHECK LIST IS TRUE AND CORRECT. ………………………………………... ……………………………………………….. Signature Date …………………………………………. ………………………………………………… Position Name BERGRIVIER MUNICIPALITY  UMASIPALA  MUNISIPALITEIT SUPPLY CHAIN MANAGEMENT Enquiries: Xx. X. Xxxxxxxx Ref: 6/1/1 Tel: (000)000 0000 Fax: (000)000 0000 E-mail: xxxxxxxxX@xxxxxxx.xxx.xx All Service Providers (SP’s) and potential bidders Dear Sir/Madam Incomplete documentation in terms of bidding processes. With reference to the judgment of the Supreme Court of Appeal case number 937/2012 Dr XX Xxxxxx Municipality vs. Xxxxxxx (PTY) Limited 2013 JDR 2728 SCA the following: “In our view the judgment supports the proposition that a Municipality determines the requirements for a valid tender and a failure to comply with the prescribed conditions of tender will result in such tender being disqualified as it would not be an 'acceptable tender' as defined in the Preferential Procurement Policy Framework Act 5 of 2000 unless the prescribed conditions are immaterial, unreasonable or unconstitutional. Therefore, provided that the relevant tender document makes provision for an original tax clearance certificate and/or any other certificates/documents as a prescribed minimum prerequisite and/or peremptory requirement in order for such tender to be considered an 'acceptable tender' and to pass the threshold requirement for consideration and evaluation, and a tenderer fails to provide same, the Municipality would be within its rights to disqualify such tender/tenderer.” Therefore BERGRIVIER Municipality will with immediate effect exclude all offers from bidders if the required documentation is not handed in/or attached with the original bidding documents. Adv. Xxxxxx Xxxxx Municipal Manager 24 March 2020