CHIEF ALBERT LUTHULI MUNICIPALITY
CHIEF XXXXXX XXXXXXX MUNICIPALITY
REQUEST FOR PROPOSAL: PANEL OF PROFESSIONAL SERVICE PROVIDERS (TOWN PLANNERS) FOR A PERIOD OF 36 MONTHS.
Contract No. ALMT15/2023
Chief Xxxxxx Xxxxxxx Municipality PO Box 24 CAROLINA 1185 Contact for Administration: Name: Xx Xxxxx Xxxxx Telephone. (000) 000 0000 | |
Bidders Name …………………………………………………………………………………………………………………………….. |
CLOSING DATE & TIME: 13 OCTOBER 2023, 12:00
CONTENTS
1. BID INVITATION (MBD1)
2. TERMS OF REFERENCE
3. SPECIAL CONDITIONS OF CONTRACT
4. GENERAL CONDITIONS OF CONTRACT
5. PROJECT PROPOSALS BY BIDDER
6. SPECIAL REQUESTS/PROPOSALS BY TENDERER
7. FINANCIAL CONTRACT ARRANGEMENTS
8. EVALUATION CRITERIA
9. BID FORMS
9.1 TAX CLEARANCE (MBD 2)
9.2 PRICING SCHEDULE (MBD 3.3)
9.3 FORM OF OFFER AND ACCEPTANCE
9.4 DECLARATION OF INTEREST (MBD 4)
9.5 DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8)
9.6 CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)
MBD1
1. INVITATION TO BID
REQUEST FOR PROPOSAL: PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
BID NUMBER: ALMT15/2023 CLOSING DATE: 13 OCTOBER 2023 CLOSING TIME: 12h00
DESCRIPTION: Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality for the 36 months period
The professional disciplines required are as follows:
1. Town Planning
2. Quantity Survey
3. Environmental Management
The successful bidder will be required to fill in and sign a written Contract Form (MBD 7). BID DOCUMENTS MAY BE
DEPOSITED IN THE BID BOX SITUATED AT:
• the ground floor in the Chief Xxxxxx Xxxxxxx Municipality Head Office in CAROLINA
Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration.
• The bid box is generally open during normal office hours from 07h30 to 16h30.
ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)
The following conditions will apply:
• Price(s) of the bid must be firm and must be inclusive of VAT.
• Submission of an Original Valid Tax Clearance Certificate from SARS.
• This bid will be evaluated in terms of the preference point system as prescribed in the Preferential Procurement Policy Framework Act (No 5 of 2000), it must be scrutinized,
completed and submitted together with your bid. Please refer to Bid Forms attached in this document.
The onus lies with applicant to supply proof for any of the criteria in the abovementioned forms. Please note that if no information is supplied, the bidder will score “0” for the applicable section.
• The successful service provider will be the one scoring the highest points.
• No telegraphic or facsimile proposals will be considered.
• The professional service provider must be registered with an appropriate professional body with NQF level 7.
• The professional team proposed must include at least professionally registered person depending on the services offered.
• The service providers must provide clearance from the municipality where they are based indicating that they are not in arrears with regard to their respective municipal services accounts.
Failure to comply with these conditions will invalidate your offer.
NB: No bids will be considered from persons in the service of the state1
1 ∗ MSCM Regulations: “in the service of the state” means to be –
(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii)the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO WILL RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER …………………………………………………………………………………………………………
POSTAL ADDRESS
………………………………………………………………………………………………………………….
STREET ADDRESS …………………………………………………………………………………………………………………
TELEPHONE NUMBER CODE……………NUMBER…………………………………………………………………………..
CELLPHONE NUMBER …………………………………………………………………………………………………………………
FACSIMILE NUMBER CODE ………… .NUMBER…………………………………………………………………………………
VAT REGISTRATION NUMBER …………………………………………………………………………………………………………………
HAS AN ORIGINALTAX CLEARANCE CERTIFICATE BEEN ATTACHED (MBD 2)? YES/NO
ARE YOU THE ACCREDITED REPRESENTATIVE
IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU?
YES/NO
(IF YES ENCLOSE PROOF)
SIGNATURE OF BIDDER ………………………………………………………………………………
DATE ………………………………………………………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED ………………………………………………………………………………
TOTAL BID PRICE……………………………………TOTAL NUMBER OF ITEMS OFFERED……………………………
ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:
Municipality / Municipal Entity: Chief Xxxxxx Xxxxxxx Local Municipality
Department: Supply Chain Management Unit
Contact Person: Xx XX XXXXX
Tel: 017 843 4025
Fax: 017 843 4001
2. TERMS OF REFERENCE (TOR)
PROSPECTIVE BIDDERS ARE HEREBY INVITED TO SUBMIT PROPOSALS FOR PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
1. General Information:
Purpose
The Municipality is soliciting proposals from Township Planners and Surveyors.
Type of contract
The Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality.
Submission of proposals
A single Envelope System will be used. Bidders must submit technical and financial proposals in single document in an envelope marked clearly MUNICIPAL MANAGER, CHIEF XXXXXX XXXXXXX MUNICIPALITY, BID ALMT15/2023, “ PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
The sealed tenders must be deposited in the Tender Box of the Municipality on or before the closing date of 13 October 2023 at 12:00 where after they will be opened in public. Late proposals will not be accepted\considered as well as those submitted via facsimile or email.
Proposals must be accompanied by:
• completed tender documents
• a company profiles,
• curriculum vitae of proposed members of the team,
• proof of registration with relevant authorities, and
• a valid tax clearance certificate.
• Municipal Rates or Lease Agreement together with the landlords’ municipal rates
• Original or Certified Copy of B-BBEE status level Verification Certificates
• Proof of CSD Registration
Failure to submit all required documents will lead to disqualification of the tender.
Proposals must be signed by an authorized agent to bind the service provider to its provisions.
Oral presentation
Finalists may be invited to present their proposals in a meeting with the municipality at a date to be advised.
B. Background:
The required service/ project is in the area of jurisdiction of Chief Xxxxxx Xxxxxxx Municipality.
2. Project Objectives
The main objective for the project is to appoint a panel of Township Planners and Surveyors.
Scope of Works\Deliverables
Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality.
The professional disciplines required are as follows:
1. Town Planning 2. Environmental Management 3. Quantity Surveyor The proposals shall include areas of expertise and services rendered; the hourly rates charged by the professionals, the firms’ expertise and the available resources to execute the work. 3. Evaluation criteria A. Adjudication during the bidding process will be subject to:- • Functionality Functionality | ||||||
* Note: Functionality shall be scored by not less than three evaluators in accordance with the following schedules: | ||||||
• Evaluation Schedule: Proposed Organization and Staffing • Evaluation Schedule: Experience of the Key Staff • Evaluation Schedule: Tenderer’s Experience Bidders with a final score for functionality that is below 70 will be eliminated. | ||||||
B. Quality Evaluation Assessment on Functionality: Assessment on Functionality of functionality with a minimum overall threshold of 70% that must be attained by the bidder before the bid can be taken to the next stage of the evaluation. | ||||||
No | Element | Criteria | Weight (A) | Values (B) | ||
1 | Financial Strength | Bidder to submit Bank rating certificate/letter | 20 | 20 = Rating B or Above 10 = Rating C 5 = Rating D & below 0 = Non Rating | ||
2 | Similar Work | Attach certified copies of appointment Letters with contactable references | 30 | 30= 3 Appointment Letters & Above 20= 2 Appointment Letters 10= 1 Appointment Letter 0 = 0 Appointment Letter | ||
3 | Profile of key staff • Attach Qualification and PR registration of own staff | Project Director Degree in Town planning/ BSc Town planning Registered with | 50 | Max30 Points Max 25 Points | ||
with the SACPLAN: |
30 points Project manager Degree in Town planning/ BSc Town planning Registered with the SACPLAN: 25 points | ||||||
4. Project Duration Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality for the financial years 2023/24; 2024/25 and 2025/26. | ||||||
3. SPECIAL CONDITIONS OF CONTRACT
1. Tenders are hereby invited to submit proposals for professional and constructions services providers who specializes in Town planning to assist the municipality.
2. Price(s) of the bid, which must be firm and VAT inclusive, must be valid for at least ninety (90) days from date of your offer.
3. The successful service provider, who must be registered as a service provider with the applicable professional body, will be the one scoring the highest points.
4. The successful service providers must provide clearance from the municipality where they are based indicating that they are not in arrears with regard to their respective municipal services accounts.
5. Bidders must initial all the pages of the Bid document and sign the Bidder particulars page in full. Including the Form of Offer and Acceptance page.
6. Bidders must complete the original Bid document in black ink, and notice must be taken that tip-ex may not be used in the document.
The original Bid document must be submitted together with the Technical Proposal.
8. The transaction shall be subject to any stipulations in any Act, Ordinance or By-law pertaining thereto.
9. No proposals by any person that is not competent to enter into an agreement will be considered and if it is established that it is the case, the contract agreement in this regard will be considered null and void by Council.
Disputes must be settled by means of mutual consultation, mediation (with or without legal representation) or when unsuccessful, in a South African court of law on an attorney and client scale.
Should any legal action be deemed necessary to determine any aspect arising out of these conditions or to enforce any rights in terms of these conditions, then and in that event the parties hereto agree categorically to the jurisdiction of the Magistrate’s Court to hear such action and to pass judgment notwithstanding the fact that the cause of action is beyond the jurisdiction of the Court: Provided always that Council shall have the right in its sole discretion to take action in any competent higher court in any matter exceeding the ordinary jurisdiction of the Magistrate’s Court.
1. BID FORMS
9.1. MBD 2- TAX CLEARANCE
TAX CLEARANCE REQUIREMENTS
IT IS A CONDITION OF BIDDING THAT –
2. The taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with the Receiver of Revenue to meet his / her tax obligations.
3. The attached form “Application for Tax Clearance Certificate (in respect of bidders)”, must be completed in all respects and submitted to the Receiver of Revenue where the bidder is registered for tax purposes. The Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of twelve (12) months from date of issue. This Tax Clearance Certificate must be submitted in the original together with the bid. Failure to submit the original and valid Tax Clearance Certificate may invalidate the bid.
4. In bids where Consortia / Joint Ventures / Sub-contractors are involved each party must submit a separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificates are available at any Receiver’s Office.
4.2. MBD 3.3 – PRICING SCHEDULE (Panel of Township Planners and Surveyors)
Name of Bidder:…………………………………………………
Bid Number: ALMT15/2023
Closing Time: 12:00
Closing Date 13 October 2023
OFFER TO BE VALID FOR DAYS FROM THE CLOSING DATE OF BID.
PRICING INSTRUCTIONS
• The fee for the services rendered in shall be calculated in accordance with the latest.
9.3 Form of Offer and Acceptance Offer
The Employer, identified in the acceptance signature block, has solicited offers to enter into a contract for
the procurement of:
CONTRACT PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
Contract No. ALMT15/2023
The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the service provider under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data.
This offer may be accepted by the Employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the service provider in the conditions of contract identified in the contract data.
Name of organisation.......................................................................................................................................
Address of organisation....................................................................................................................................
...........................................................................................................................................................
Signature of witness .......................................................... Date ………………………………
Name of witness.................................................................................................................................
Date ………………………………
..................................................................
..................................................................
..................................................................
Signature Name
Capacity
Signature Block: Tenderer
Acceptance
By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer's offer. In consideration thereof, the employer shall pay the service provider the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer's offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement
The terms of the contract, are contained in
Agreements and contract data, (which includes this agreement) Pricing data
Scope of work or TOR Site information
And drawings and documents or part thereof, which may be incorporated be reference into scope of works / TOR above.
Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement No amendments to or deviations from said documents are valid unless contained in this schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer's representative (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document including the schedule of deviations (if any). Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.
Name of witness.................................................................................................................................
Date ………………………………
Signature of witness ..........................................................
for the Employer Chief Xxxxxx Xxxxxxx Local Municipality
Mpumalanga, Carolina, 00 Xxxx Xxxxxx
Date ………………………………
..................................................................
..................................................................
..................................................................
Signature Name
Capacity
Signature Block: Employer
9.4 MBD 4- DECLARATION OF INTEREST
1. No bid will be accepted from persons in the service of the state∗.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: …………………………………………………………………………
3.2 Identity Number: …………………………………………………………………
3.3 Company Registration Number: …………………………………………………
3.4 Tax Reference Number: …………………………………………………………
3.5 VAT Registration Number: ………………………………………………………
3.6 Are you presently in the service of the state∗ YES/NO
3.6.1 If so, furnish particulars.
………………………………………………………………
…………….………………………………………………………………
3.7 Have you been in the service of the state for the past YES/NO twelve months?
3.7.1 If so, furnish particulars.
………………………………………………………………
………………………………………………………………
3.8 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?
3.8.1 If so, furnish particulars.
………………………………………………………………………………
………………………………………………………………………
YES/NO
3.9 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid?
3.9.1 If so, furnish particulars
…………………………………………………………….…………………………………
……………………………………………………….
3.10 Are any of the company’s directors, managers, principle shareholders or
stakeholders in service of the state?
3.10.1 If so, furnish particulars.
YES/NO
YES/NO
………………………………………………………………
………………………………………………………………
3.11 Are any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in service of the state?
3.11.1 If so, furnish particulars.
………………………………………………………………………
………………………………………………………………
YES/NO
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 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1 This Municipal Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.
3 The bid of any bidder may be rejected if that bidder, or any of its directors have:
a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system;
b. been convicted for fraud or corruption during the past five years;
c. willfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or
d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).
4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
Item | Question | Yes | No |
4.1 | Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(xxx.xxxxxxxx.xxx.xx) and can be accessed by clicking on its link at the bottom of the home page. | Yes | No |
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 of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (xxx.xxxxxxxx.xxx.xx) by clicking on its link at the bottom of the home page. | Yes | No |
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 law outside the Republic of South Africa) for fraud or corruption during the past five years? | Yes | No |
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 charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? | Yes | No |
4.4.1 | If so, furnish particulars: | ||
4.5 | Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract? | Yes | No |
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
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 pe se prohibition meaning that it cannot be justified under any grounds.
3 Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:
a. take all reasonable steps to prevent such abuse;
b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and
c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.
4 This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
(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;
MBD 9
(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 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 Bidder