SBD 1 - Invitation to Bid

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE FOOD AND BEVERAGE
MANUFACTURING SETA
CLOSING
BID NUMBER: CLOSING DATE: TIME:
DESCRIPTION
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

BIDDING PROCEDURE ENQUIRIES MAY BE

DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON CONTACT PERSON
TELEPHONE
NUMBER TELEPHONE NUMBER
FACSIMILE
NUMBER FACSIMILE NUMBER
E-MAIL ADDRESS E-MAIL ADDRESS
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE
NUMBER CODE NUMBER
CELLPHONE
NUMBER
FACSIMILE
NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT
REGISTRATION
NUMBER
SUPPLIER TAX CENTRAL
COMPLIANCE COMPLIANCE SUPPLIER
OR
STATUS SYSTEM PIN: DATABASE
No: MAAA
B-BBEE STATUS TICK APPLICABLE BOX] B-BBEE STATUS LEVEL [TICK APPLICABLE
LEVEL SWORN AFFIDAVIT BOX]
VERIFICATION
CERTIFICATE Yes No
Yes No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs)
MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE
ACCREDITED Yes No
ARE YOU A FOREIGN
REPRESENTATIVE
BASED SUPPLIER FOR
IN SOUTH AFRICA [IF YES, ANSWER
THE GOODS /SERVICES
FOR THE GOODS Yes No THE
/WORKS OFFERED?
/SERVICES QUESTIONNAIRE
/WORKS [IF YES ENCLOSE PROOF] BELOW ]
OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)?
YES NO
DOES THE ENTITY HAVE A BRANCH IN THE RSA?
YES NO
DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA?
YES NO
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA?
YES NO
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION?
YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR
A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE
(SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

PART B
TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS
WILL NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED– (NOT TO BE RE-TYPED) OR
IN THE MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000
AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF
CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT
FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN)
ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND
TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH
THE SARS WEBSITE [Link].
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH
PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES
WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE
CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS

MAY RENDER THE BID INVALID.

SIGNATURE OF BIDDER: …………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………

(Proof of authority must be submitted e.g. company resolution)

DATE: ………………………………………

SBD 3.3.
Pricing Schedule: Professional Services

NAME OF BIDDER: ………………………………………………………………

BID NO. ………………………………………………………………
CLOSING TIME ………………………………………………………………
CLOSING DATE ………………………………………………………………

OFFER TO BE VALID FOR …………DAYS FROM THE CLOSING DATE OF BID

ITEM DESCRIPTION BID PRICE IN RSA CURRENCY

NO **(ALL APPLICABLE TAXES INCLUDED)
1. The accompanying information must
be used for the formulation of
proposals.
2. Bidders are required to indicate a
ceiling price based on the total
estimated time for completion of all
R……………………………………………
phases and including all expenses
inclusive of all applicable taxes for the
project.
3. PERSONS WHO WILL BE
INVOLVED WITH THE PROJECT
AND RATES APPLICABLE
 (CERTIFIED INVOICES MUST
RENDERED IN TERM HEREOF)
4. PERSONS AND POSITION HOURLY RATE DAILY RATE
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
5. PHASES ACCORDING TO WHICH
THE PROJECT WILL BE
COMPLETED, COST PER PHASE
AND MAN DAYS TO BE SPENT
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
……………………………………….. R…………… R……………
5.1. Travel expenses (specify, for example rate/km and total
km, class of air travel, etc.). Only actual costs are
recoverable. Proof of the expenses incurred must
accompany certified invoices.
DESCRIPTION OF THE EXPENSES RATE QUANTITY AMOUNT
……………………………………….. …………… …………… R……………
……………………………………….. …………… …………… R……………
……………………………………….. …………… …………… R……………
……………………………………….. …………… …………… R……………

5.2. Other expenses, for example accommodation (specify,

e.g. Three-star hotel, bed and breakfast, telephone cost,
reproduction cost, etc.). Based on these, certified invoices
will be checked for correctness. Proof of the expenses
must accompany invoices.
DESCRIPTION OF THE EXPENSES RATE QUANTITY AMOUNT
……………………………………….. ……………… ……………
……………………………………….. ………………. …………….
……………………………………….. ……………… …………….
……………………………………….. ……………… ……………

TOTAL: R…………………………………………………….

6. Period required for commencement with the project after acceptance of bid
………………………………………………………….
7. Estimated man-days for completion of project
R…………………………………………………….
8. Are the rates quoted firm for completion of project? *YES/NO
9. If not firm for the period, provide details of the basis on which adjustments will be applied
for, for example consumer index.’
…………………………………………………………
…………………………………………………………
…………………………………………………………
…………………………………………………………

Any enquiries regarding bidding process may be directed to –

FoodBev SETA
13 Autumn street
Rivonia, Sandton
2128

Tel:
Or for technical information –
(Name and contact person)
Tel:

SBD 4.1 - 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 bid, 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 –

1.1. The bidder is employed by the State; and/or

1.2. The bidder is a Management Board member of FoodBev SETA and/or

1.3. 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.

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;
(e) Parliament.
 2.1. Full Name of bidder or his or
her representative:

2.2. Identity Number:

2.3. Position occupied in the

Company (director, trustee,
shareholder, etc2):

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

2.7. Are you or any person connected with the bidder presently
YES / NO
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 the
appropriate authority to undertake remunerative work outside YES / NO
employment in the public sector?

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
[Link]. If yes, did you attach proof of such authority to the bid document? YES / NO

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

may result in the disqualification of the bid.)

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

2.8. Did you or your spouse, or any of the company’s

directors/shareholders/members or their spouses conduct business YES / NO
with the State in the previous twelve (12) months?

2.8.1. If so, furnish the following particulars.

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

2.9.1. If so, furnish the following particulars.

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

2.10.1. If so, furnish the following particulars.

 2.11. Do you or any of the directors/shareholders/members of the
company have any interest in any other related companies whether YES / NO
or not they are bidding for this contract?

2.11.1. If so, furnish the following particulars.

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

State Employee
Personal Tax
Full Name Identity Number Number/ Persal
Reference No
Number

DECLARATION

I, THE UNDERSIGNED (NAME)

 CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 AND 3 ABOVE IS
CORRECT. 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

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 The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)
and therefore the 80/20 preference point system shall be applicable;
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
PRICE 80
B-BBEE Status Level of Contributor 20
Total points for Price and B-BBEE must not exceed 100
 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

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 of Number of points Number of points

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 contributor 0 0

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 6.1 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.

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 the Preferential Procurement Regulations,2017:

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

(Tick applicable box)

 Partnership/ Joint Venture/ Consortium
 One person business/ sole propriety
 Close corporation
 Company
 (Pty) Limited

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

8.6 COMPANY CLASSIFICATION

(Tick applicable box)

 Manufacturer
 Supplier
  Professional service provider
 Other service providers, e.g. transporter, etc.

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 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 ……………………………………………………………..
SIGNATURE(S) OF BIDDERS(S)
1. ……………………………………… DATE: ………………………………….….
ADDRESS:
2. ………………………………….. .………………..……………………………..
………..………………………….…………..
………..………………………….…………..
SBD 8 - Declaration of Bidder's Past Supply Chain Management Practices

1 This declaration will be used by institutions to ensure that when goods and services
are being procured, all reasonable steps are taken to combat the abuse of the supply
chain management system.

2 The bid of any bidder may be disregarded if that bidder, or any of its directors have:

a. abused the FoodBev SETA’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.

3 In order to give effect to the above, the following questionnaire must be completed
and submitted with the bid.

Item Question Yes No

3.1 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 ([Link]) and can be
accessed by clicking on its link at the bottom of the homepage.
3.1.1 If so, furnish particulars:

3.2 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, ([Link]) by clicking
on its link at the bottom of the homepage.
3.2.1 If so, furnish particulars:

3.3 Was the bidder or any of its directors convicted by a court of law Yes No
(including a court outside of the Republic of South Africa) for fraud  
or corruption during the past five years?
3.3.1 If so, furnish particulars:

3.4 Was any contract between the bidder and any organ of state Yes No
terminated during the past five years on account of failure to perform  
on or comply with the contract?
3.4.1 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

SBD 9 - Certificate of Independent Bid Determination

I, the undersigned, in submitting the accompanying bid:

[Subject] - [Abstract]
(Bid Number and Description)

in response to the invitation for the bid made by:

FOODBEV SETA
(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:

 has been requested to submit a bid in response to this bid invitation;

 could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
 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. Without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor
regarding:

 prices;
 geographical area where product or service will be rendered (market
allocation)
 methods, factors or formulas used to calculate prices;
 the intention or decision to submit or not to submit, a bid;
 the submission of a bid which does not meet the specifications and conditions
of the bid; or
 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.

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

3Joint 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.