QUOTATION HEREBY INVITED FROM SUPPLIERS: REFERNCE: 14635

QUOTATION DEPART. CONTACT PERSON CLOSING DATE

DESCRIPTION

Stationery Date: 10 June 2021

FINANCE Ongezwa Makele
Time: 14:00pm
Tel: 012 3364049

Email:
[email protected]

ADDRESS: FREEDOM PARK ADMIN BUILDING

CNR KOCH & 7TH AVENUE, SALVOKOP, PRETORIA

ALL QUOTATIONS OR PROPOSAL MUST BE SEND: [email protected]/

[email protected]

Page 1 of 22
INDEX

NO DETAILS DOCUMENT

LIST OF RETURNABLE DOCUMENTS THAT SHOULD FORM PART OF QUOTATION

DOCUMENT (NEATLY ATTACHED AS ANNEXURES)
1 Tax Clearance Certificate or Unique Pin (valid)
2 BBBEE Certificate (valid)
3 Tax compliant CSD Report
Comprehensive proposal or Quotation that respond to
Freedom Park Request

ALL PRICES MUST BE VAT INCLUSIVE

Page 2 of 22
Specification

DESCRIPTION UOM ORDER QTY

A4 Paper box 50
Lever arch files ( Treeline Lever Arch board file A4
mottled) ea 500
A4 Plastic Boxes to hold cardboard files ea 60
File fasteners ea 100
A4 Laminating Sheets ea 500
Mixed A4 Bright paper ea 1000
File dividers - 10 sheets - cardboard ea 100
Page dividers ea 500
Frosted plastic sheets ea 100
Sheet flip files ea 500
3M post-it flags 4 pack (Red,Blue, Red, Green,
Yellow) pack 40
Flags 25,4mm x 43,6mm ea 10

Telephone massage book self carbonised ea 5

Big Punch ea 1
Pritt Large ea 10

Foldback clips 15mm box 5

Foldback clips 32mm box 5
Foldback clips 41mm box 5
Foldback clips 55mm box 5

Pencils box 2
Ruber Bands - 100 grams natural Ruber Bans box 5

Scissors pieces 10
Staplers pieces 10

Toner Hp Laser Jet 305A - Black ea 2

Toner Hp Laser Jet 85A - Black ea 4
Toner Hp Laser Jet 75A - Black ea 1
Toner HP Laser Jet 78A - Black ea 2
Toner Hp Laser Jet 05A - Black ea 1
Toner HP Laser Jet 400 - Colour ea 1
Toner Hp Laser Jet 400 - Black ea 1

USB - Memory Sticks ea 20

Voice Recorders ea 2

Page 3 of 22
 SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a
kinship with persons employed by the state, including a blood relationship, may make
an offer or offers in terms of this invitation to bid (includes a price quotation,
advertised competitive bid, limited bid or proposal). In view of possible allegations of
favouritism, should the resulting bid, or part thereof, be awarded to persons employed
by the state, or to persons connected with or related to them, it is required that the
bidder or his/her authorised representative declare his/her position in relation to the
evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a
relationship with persons/a person who are/is involved in the evaluation and or
adjudication of the bid(s), or where it is known that such a relationship exists
between the person or persons for or on whose behalf the declarant acts and
persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be

completed and submitted with the bid.

2.1 Full Name of bidder or his or her representative: ……………………………………

2.2 Identity Number: ………………………………………………………………………

2.3 Position occupied in the Company (director, trustee, shareholder²): ………….

2.4 Company Registration Number: …………………………………………………..

2.5 Tax Reference Number: …………………………………………………………

2.6 VAT Registration Number: ……………………………………………………….

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity
numbers, tax reference numbers and, if applicable, employee / persal numbers must
be indicated in paragraph 3 below.

¹“State” means –

(a) 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);
(b) any municipality or municipal entity;
(c) provincial legislature;
(d) national Assembly or the national Council of provinces; or
(e) Parliament.

²”Shareholder” means a person who owns shares in the company and is actively involved in
the management of the enterprise or business and exercises control over the enterprise.

Page 4 of 22
2.7 Are you or any person connected with the bidder YES / NO
presently employed by the state?

2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member:….....................

Name of state institution at which you or the person
connected to the bidder is employed :……………………………………….
Position occupied in the state institution: …………………………………

Any other particulars:

………………………………………………………………

………………………………………………………………
………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO
the appropriate authority to undertake remunerative
work outside employment in the public sector?

2.7.2.1 If yes, did you attached proof of such authority to the bid YES / NO
document?

(Note: Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

…………………………………………………………………….
…………………………………………………………………….
…………………………………………………………………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NO
trustees / shareholders / members or their spouses conduct
business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO
any relationship (family, friend, other) with a person
employed by the state and who may be involved with
the evaluation and or adjudication of this bid?

2.9.1If so, furnish particulars.

……………………………………………………………...
…………………………………………………………..….
………………………………………………………………

Page 5 of 22
2.10 Are you, or any person connected with the bidder, YES/NO
aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state
who may be involved with the evaluation and or adjudication
of this bid?

2.10.1 If so, furnish particulars.

………………………………………………………………
………………………………………………………………
………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies
Whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars:

…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….

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

Full Name Identity Personal Tax State Employee

Number Reference Number / Persal
Number Number

4 DECLARATION

I, THE UNDERSIGNED
(NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE

IS CORRECT.

Page 6 of 22
 I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN
TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT
SHOULD THIS DECLARATION PROVE TO BE FALSE.

……………………… ………………………………………………..
Signature Date

…………………………………. ……………………………………………………
Position Name of bidder

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and
serves as a claim form for preference points for Broad-Based Black Economic Empowerment
(B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-
BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT
REGULATIONS, 2017.

1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- 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
a) The value of this bid is estimated to not to exceed R50 000 000 (all applicable taxes
included) and therefore the 80/20. Preference point system shall be applicable; or

1.3 Points for this bid shall be awarded for:

(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:

POINTS

Page 7 of 22
 PRICE 80
B-BBEE STATUS LEVEL OF CONTRIBUTOR 20
Total points for Price and B-BBEE must not 100
exceed

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor
together with the bid, will be interpreted to mean that preference points for B-BBEE
status level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the purchaser.

2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in
section 1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in
terms of a code of good practice on black economic empowerment, issued in
terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;
(c) “bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the provision of goods or services, through
price quotations, advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of
the Broad-Based Black Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in
accordance with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status
level certificate issued by an authorized body or person;
2) A sworn affidavit
as prescribed by the B-BBEE Codes of Good Practice;
3) Any other
requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of the
Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated
at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

Page 8 of 22
3.1 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 − P min   Pt − P min 
Ps = 801 −  or Ps = 901 − 
 P min   P min 
Where
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,
preference points must be awarded to a bidder for attaining the B-BBEE status level of
contribution in accordance with the table below:

B-BBEE Status Level Number of points Number of points

of Contributor (90/10 system) (80/20 system)
1 10 20
2 9 18
3 6 14
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant 0 0
contributor

5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF
PARAGRAPHS 1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: . = .…(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table
reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE
status level of contributor.

Page 9 of 22
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted...........%
ii) The name of the sub-contractor………………………………………………
iii) The B-BBEE status level of the sub-contractor......................................…
iv) Whether the sub-contractor is an EME or QSE
(Tick applicable box)

YES NO
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in
terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% EME QSE

owned by: √ √
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………….

8.2 VAT registration number:………………………………………………………………

8.3 Company registration number:…………………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One person business/sole propriety
 Close corporation

Page 10 of 22
  Company
 (Pty) Limited
[TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

8.6 COMPANY CLASSIFICATION

 Manufacturer
 Supplier
 Professional service provider
 Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:……………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the
company/firm, certify that the points claimed, based on the B-BBE status level of
contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies
the company/ firm for the preference(s) shown and I / we 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 6.1, the contractor may be required to furnish documentary
proof to the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a
fraudulent basis or any of the conditions of contract have not been fulfilled, the
purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding 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 bidder or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted by the National Treasury from
obtaining business from any organ of state for a period not

Page 11 of 22
 exceeding 10 years, after the audi alteram partem (hear the other
side) rule has been applied; and
(e) forward the matter for criminal prosecution.

WITNESSES
……………………………………….
1. …………………………………….. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..
2. …………………………………….
ADDRESS …………………………………..
…………………………………..
SBD 6.2
…………………………………..

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR

DESIGNATED SECTORS

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general
information and serves as a declaration form for local content (local production and local content
are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions,
Directives applicable in respect of Local Content as prescribed in the Preferential Procurement
Regulations, 2017, the South African Bureau of Standards (SABS) approved technical
specification number SATS 1286:2011 (Edition 1) and the Guidance on the Calculation of Local
Content together with the Local Content Declaration Templates [Annex C (Local Content
Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex
C) and E (Local Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 8) make provision for the promotion
of local production and content.

1.2. Regulation 8.(2) prescribes that in the case of designated sectors, organs of state must
advertise such tenders with the specific bidding condition that only locally produced or
manufactured goods, with a stipulated minimum threshold for local production and content
will be considered.

1.3. Where necessary, for tenders referred to in paragraph 1.2 above, a two stage bidding
process may be followed, where the first stage involves a minimum threshold for local
production and content and the second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such
a manner that the local production and content of the overall value of the contract is reduced
to below the stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in
accordance with the SABS approved technical specification number SATS 1286: 2011 as
follows:

LC = [1 - x / y] * 100

Where

Page 12 of 22
 x is the imported content in Rand
y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the
exchange rate published by South African Reserve Bank (SARB) on the date of
advertisement of the bid as indicated in paragraph 3.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible

on http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6. A bid may be disqualified if this Declaration Certificate and the Annex C (Local Content
Declaration: Summary Schedule) are not submitted as part of the bid documentation;

2. The stipulated minimum threshold(s) for local production and content (refer to Annex
A of SATS 1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

3. Does any portion of the goods or services offered

have any imported content?
(Tick applicable box)
YES NO

3..1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as
prescribed in paragraph 1.5 of the general conditions must be the rate(s) published by
SARB for the specific currency on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.resbank.co.za

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer
to Annex A of SATS 1286:2011):

Currency Rates of exchange

US Dollar
Pound Sterling
Euro
Yen
Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

4. Where, after the award of a bid, challenges are experienced in meeting the stipulated
minimum threshold for local content the dti must be informed accordingly in order for the dti to
verify and in consultation with the AO/AA provide directives in this regard.

Page 13 of 22
 LOCAL CONTENT DECLARATION
(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER

LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF
EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY
(CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution):

.........................................................................................................................
NB

1 The obligation to complete, duly sign and submit this declaration cannot be
transferred to an external authorized representative, auditor or any other third party
acting on behalf of the bidder.
2 Guidance on the Calculation of Local Content together with Local Content
Declaration Templates (Annex C, D and E) is accessible on
http://www.thedti.gov.za/industrial_development/ip.jsp. Bidders should first complete
Declaration D. After completing Declaration D, bidders should complete Declaration
E and then consolidate the information on Declaration C. Declaration C should be
submitted with the bid documentation at the closing date and time of the bid in
order to substantiate the declaration made in paragraph (c) below. Declarations
D and E should be kept by the bidders for verification purposes for a period of at
least 5 years. The successful bidder is required to continuously update Declarations
C, D and E with the actual values for the duration of the contract.

I, the undersigned, …………………………….................................................... (full names),

do hereby declare, in my capacity as ……………………………………… ………..
of ...............................................................................................................(name of bidder
entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid
comply with the minimum local content requirements as specified in the bid,
and as measured in terms of SATS 1286:2011; and

Page 14 of 22
(c) The local content percentage (%) indicated below has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 3.1 above and the information contained in Declaration D and E which has
been consolidated in Declaration C:
Bid price, excluding VAT (y) R
Imported content (x), as calculated in terms of SATS 1286:2011 R
Stipulated minimum threshold for local content (paragraph 3 above)
Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each
product contained in Declaration C shall be used instead of the table above.
The local content percentages for each product has been calculated using the
formula given in clause 3 of SATS 1286:2011, the rates of exchange indicated in
paragraph 3.1 above and the information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the
local content be verified in terms of the requirements of SATS 1286:2011.
(e) I understand that the awarding of the bid is dependent on the accuracy of the
information furnished in this application. I also understand that the submission of
incorrect data, or data that are not verifiable as described in SATS 1286:2011, may
result in the Procurement Authority / Institution imposing any or all of the remedies as
provided for in Regulation 14 of the Preferential Procurement Regulations, 2017
promulgated under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5
of 2000).

SIGNATURE:_________________________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________

Page 15 of 22
 SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by institutions 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 disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system;

b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.

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 Yes No
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 (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:

Page 16 of 22
4.2 Is the bidder or any of its directors listed on the Register for Tender Yes No
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 (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 Yes No
a court outside of the Republic of South Africa) for fraud or corruption
during the past five years?

4.3.1 If so, furnish particulars:

4.4 Was any contract between the bidder and any organ of state terminated Yes No
during the past five years on account of failure to perform on or comply
with the contract?

4.4.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………CERTIFY THAT THE

INFORMATION FURNISHED ON THIS DECLARATION FORM IS 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

Page 17 of 22
 SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) 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 Treasury Regulation 16A9 prescribes that accounting officers and accounting

authorities must take all reasonable steps to prevent abuse of the supply chain
management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused
the institution’s supply chain management system and or committed fraud or
any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the
execution of that contract.

4 This SBD 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 (SBD
9) must be completed and submitted with the bid:

Page 18 of 22
 SBD 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 Institution)

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

Page 19 of 22
 SBD 9

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.

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 SBD 9

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

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