Common use of INDEPENDENT BIDDING Clause in Contracts

INDEPENDENT BIDDING. 4.1 For the purposes of this undertaking in relation to any submitted Bid, the Bidder declares to fully understand that the word “competitor” shall include any individual or organisation, 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. 4.2 The Bidder has arrived at his submitted Bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium will not be construed as collusive bidding. 4.3 In particular, without limiting the generality of paragraph 4.2 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: a) prices; b) geographical area where Goods or Services 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 RFP; or f) bidding with the intention of not winning the Bid. 4.4 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 Goods or Services to which his/her Bid relates. 4.5 The terms of the Bid as submitted 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. 4.6 Bidders are 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 10 [ten] years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.