BID NO: COM81/2025

SUPPLY AND DELIVERY OF WHITE ROAD-

MARKING PAINTS & GLASS BEADS
FOR CITY OF MBOMBELA

CLOSING DATE: 24 JULY 2025 AT 11:00am

NAME OF BIDDER: ____________________

CSD REG NO: MAAA___________________

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INDEX PAGE

Invitation to Bid……………………………………………………………………… 3–5

Special Conditions……………………………………………………………… …. 6–8

Notes / Checklist for mandatory returnable document …………………………. 9 – 17

Specifications and pricing schedule ……………………………………………… 18

Pricing Schedule – Firm Prices……………………………………………………. 19

Declaration of interest………………………………………………………………. 20 – 22

Preference Points Claim Form in terms of the

Preferential Procurement Regulations 2022 (Purchases)……………………… 23 – 27

Contract Form – Rendering of services………………………………………….. 28 – 29

Declaration of Bidder’s Past Supply Chain Management Practices ................ 30 – 31

Certificate of independent bid determination..................................................... 32 – 34

Authority to sign a bid ……………………………………………………………… 35 – 36

Certificate of authority for joint ventures ………………………………………… 37

PPPFA: Preferential Point System ……………….……………………….……… 38

ANNEXURE A
Tax Clearance Certificate application form
ANNEXURE B
General Conditions of Contract

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 MBD 1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CITY OF MBOMBELA
BID NUMBER: COM81/2025 CLOSING DATE: 24 JULY 2025 CLOSING TIME: 11:00
DESCRIPTION SUPPLY AND DELIVERY OF WHITE ROAD-MARKING PAINTS & GLASS BEADS FOR CITY OF MBOMBELA
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MUST BE SUBMITTED IN THE TENDER BOX LOCATED @ NO: 1 NEL STREET; MBOMBELA;
1200; MBOMBELA CIVIC CENTRE NEXT TO THE MAIN ENTRANCE.
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
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL B-BBEE STATUS
Yes Yes
VERIFICATION CERTIFICATE LEVEL SWORN
[TICK APPLICABLE BOX] AFFIDAVIT
No 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 A
FOREIGN
BASED
ARE YOU THE ACCREDITED SUPPLIER
REPRESENTATIVE IN SOUTH AFRICA FOR THE
FOR THE GOODS /SERVICES /WORKS GOODS Yes No
OFFERED? Yes No /SERVICES
/WORKS [IF YES, ANSWER PART
[IF YES ENCLOSE PROOF] OFFERED? B:3 ]

TOTAL BID
TOTAL NUMBER OF ITEMS OFFERED PRICE R

SIGNATURE OF BIDDER DATE

………………………………

CAPACITY UNDER WHICH THIS BID IS

SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
Financial Management Financial Management
Supply Chain Management Logistics Management
Christopher Nkambule Baldwin Shongwe
Telephone Number: 013 759 2358 Telephone Number: 013 759 2026
Email Address: Email Address: [email protected]
[email protected]

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 PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:

1.1. BIDS MUST BE SUBMITTED AT THE ADDRESS REFLECTED AND AS PER INSTRUCTIONS ON THE TENDER
INVITATION. 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 ONLINE

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2022, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF
APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.

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 VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-
FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS
THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.

2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST
SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD),
A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

3.5. 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 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.

SIGNATURE OF BIDDER: ……………………………………………

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

DATE: …………………………………………...

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 BID NO: COM81/2025
CLOSING DATE: 24 JULY 2025 AT 11:00

SUPPLY AND DELIVERY OF WHITE ROAD-MARKING PAINTS & GLASS BEADS FOR CITY OF MBOMBELA

Bids are hereby invited from potential service providers for supply, delivery and off-loading of SUPPLY AND
DELIVERY OF WHITE ROAD-MARKING PAINTS & GLASS BEADS FOR CITY OF MBOMBELA.

It is compulsory that service providers download a copy of the bid document that will ONLY be available as 17 July
2025 on the City’s website: www.mbombela.gov.za in the tenders and notices folder and National Treasury e-
Tender Portal: www.etenders.gov.za free of charge.

Duly completed bid documents and supporting documents which are, CERTIFIED ID COPIES OF BUSINESS
DIRECTORS, COPY OF TAX COMPLIANCE STATUS, CERTIFIED COPY OF B-BBEE CERTIFICATE OR
SWORN AFFIDAVIT FOR B-BBEE TO CLAIM B-BBEE POINTS, CURRENT MUNICIPAL RATES AND TAXES
STATEMENTS FROM RELEVANT LOCAL AUTHORITY OR PROOF OF RESIDENCE FROM A TRIBAL
AUTHORITY OR LEASE AGREEMENT ACCOMPANIED BY THE LESSOR’S UP-TO-DATE MUNICIPAL RATES
AND TAXES STATEMENTS FROM RELEVANT LOCAL AUTHORITY FOR BOTH THE COMPANY AND ALL ITS
ACTIVE DIRECTORS INCLUDING JV’s AND CONSOTIUMS, CSD REGISTRATION FULL REPORT (Summary
Report will not be considered) and a copy of the COMPANY REGISTRATION CERTIFICATE, together with the bid
document must be sealed in an envelope clearly marked: “BID NO, COM81/2025: SUPPLY AND DELIVERY OF
WHITE ROAD-MARKING PAINTS & GLASS BEADS FOR CITY OF MBOMBELA, CLOSING DATE: 24 JULY
2025” with the name of the bidder shall be placed in the bid box at MBOMBELA CIVIC CENTRE at 1 NEL
STREET, MBOMBELA, before 11:00 on the closing date.

Bids received by telegram, fax or e-mail will not be considered. Late bids shall not be accepted or considered. No
briefing session shall be conducted for this tender. Technical enquiries may be directed to the project manager on
the below contact details.

Bidders are advised not to commit fraudulent activities or forge documents. All abusers of the SCM
system, including forging or faking of returnable documents, may be reported to SAPS and restricted from
doing business with any Public Institutions for a period NOT exceeding 10 years which is in line with
section 28 and 29 of the Prevention and Combating of Corrupt Activities Act 12 of 2004.

A preferential point system shall apply whereby this contract will be allocated to a bidder in accordance with the
Preferential Procurement Policy Framework Act, No 5 of 2000 and as defined in the conditions of bid in the bid
document, read in conjunction with the Preferential Procurement Regulations, 2022, where 80 points will be
allocated in respect of price and 20 points in respect of specific targeted goals as per the City’s Preferential
Procurement Policy.

Supply Chain Management : Christopher Nkambule (013) 759 2358

Project Manager : Baldwin Shongwe (013) 759 2026
Employer : City Manager: Mr W. Khumalo
City of Mbombela
Po Box 45; Mbombela; 1200

NB: The results of this bid will be published on council website as prescribed on the MFMA sec
75 (1) (g) and SCM regulations, sec. 23 (c).

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SPECIAL CONDITIONS OF THE BID
1. SUBMISSION OF TENDERS

The tender is to be made out on the tender form attached hereto, which must not be
detached from this document, and the completed document, fully priced, extended and
totalled, completed in all respects, signed and is to be sealed in an envelope which is to be
enclosed and delivered in accordance with the instructions contained on the Invitation to
Tender.

Proof of posting of a tender will not be accepted as proof of delivery to the appropriate place
for the receipt of tender.

Tenders will be opened in public immediately after the advertised closing date.

The information to be submitted by prospective bidders will only be used for tender purposes
taking into consideration the Protection of Personal Information Act (POPI Act).

2. TENDER DEPOSIT

Tender documents can be downloaded from the following link: www.mbombela.gov.za, in the
tenders and notices folder and National Treasury e-Tender Portal: www.etenders.gov.za free
of charge.

3. ADJUDICATION OF TENDER

The City of Mbombela will not be bound to accept the lowest or any tender and also reserves
the right to cancel the tender when deemed necessary.

The tender will be adjudicated by the City in terms of the Preferential Procurement Policy
Framework Act, no. 5 of 2000 and as defined in the conditions of bid in the bid document,
read in conjunction with the Preferential Procurement Regulations, 2022 and the City’s
Preferential Procurement Policy, where 80 points will be allocated in respect of price and 20
points in respect to specific targeted goals.

Prospective service providers may not make any alterations or additions to the Bid
document, except to comply with instructions issued by the employer. The tender document
must be furnished with non-erasable black ink and all corrections made by the service
provider should be dated and signed by the authorised signatory. Erasures and the use of
masking fluid, tippex, pencil or erasable ink are prohibited and failure to adhere to this
condition will render your submission non responsive.

A bid not complying with the mandatory requirements stated in the bid document will be
regarded as non-responsive and as such will be rejected. If a Bid has not been properly
signed by a party having the authority to do so, according to the example of “Authority for
Signatory” will be rejected. This condition will not apply to companies owned by one director /
member / sole proprietorship.

A bid will be rejected if any municipal rates and taxes or municipal service charges owed by
the bidder (business) or any of its directors to the municipality, or to any other municipality or
municipal entity, are in arrears for more than three months. Similarly, none submission of
proof of valid and up-to-date rates and taxes statement will render the submission non-
responsive.

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Bids will be rejected if the bidders or any of the directors are listed on the Register of Bid
Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a
person prohibited from doing business with the public sector. Bids will be rejected if the
bidder has abused the CoM’s Supply Chain Management System or SCM Processes of any
state institutions.

MBD 1 will regarded as a FORM OF OFFER and if the forms is not completed in full and
signed by the authorised signatory, the submission will be regarded as non-responsive.

4. COMPLETION OF TENDER DOCUMENTS

Tenders will only be considered on receipt of this tender document correctly completed with
all insertions in black ink and signed.

The following compulsory documentation MUST be attached in order for the bid to be
considered:
- Copy of a valid Tax Compliance Status (TCS)
- Proof of company registration
- Certified ID copies of business directors
- CSD full registration report must NOT be older than 30 days from closing date and
summary report will NOT be considered.
- Data sheet with specifications of the products and colorful picture.
- Tenderer must provide valid copies of current municipal rates and taxes statements
from relevant local authority / proof of residential from tribal authority (if the business
is operating or the directors are residing in rural areas) / lease agreement with the
lessor’s up-to-date municipal rates and taxes statements for both the business and all
business directors including consortium and JV partners. Prospective bidders should
ensure that the physical address details of the company and directors reflected on the
CSD is similar to the one reflected on the company registration certificate. The
municipality reserves the right to verify both the municipal rates and taxes of the
company details reflected on the CSD and company registration certificates. The
municipality further reserves the right to use ID numbers of the directors to verify if
any municipal rates and taxes are not owned by each director. It is prudent and
remains the responsibilities of the prospective bidders to ensure that each director,
lessor and company rates are cleared with regards to the municipal rates and taxes.

- NB: Certified copies of documentation must not be older than three months to be
regarded as valid. Copies of “certified copies” will not be acceptable as true copies
of original documents. Failure to adhere will lead to immediate disqualification.

5. COMPULSORY BRIEFING SESSION

NONE

6. TAXES AND DUTIES PAYABLE

Bidders shall allow in their tender for the payment and recovery of all taxes and other duties.
No claims for additional payment in this respect will be considered. Prices and rates quoted
shall be inclusive of Value Added Tax (VAT). VAT shall be recorded as a lump sum in the
tender summary and the total inclusive of VAT carried to the Form of Tender.

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7. WITHDRAWAL OF TENDER

In the event of the successful tender failing to execute the service in terms of this tender, the
Municipality shall be entitled to cancel the contract summarily, in which event the Bidder shall
be liable for any additional expense incurred by reason of the Municipality having to call for
fresh tenders or having to accept any less favourable tender.

8. NOTICE OF BIDDERS

Should any additions or alterations to the document as issued to Bidders be deemed

necessary prior to the date for submission of tenders, these will be issued to Bidders in the
form of Notices to Bidders and will form part of the tender document.

The Notices to Bidders shall be completed where applicable by Bidders, signed, dated and
returned with the tender documents.

9. PERIOD OF VALIDITY OF TENDERS

The bids submitted by the service providers will be valid for a period of (30) days.

10. BID PRICE

Bid prices will be regarded fixed and no additional cost will be added.
Bid prices must be in South African currency and include VAT (if applicable)
Bid prices must include delivery cost.

13. DELIVERABLES

The contract will be based on a once off as per specifications. The successful bidder will be
expected to deliver within 14 days. Failure to deliver within the specified delivery period will
lead to a penalty charge equal to 3% per day or part thereof.

14. SAMPLES

NONE RETURNABLE SAMPLE IS REQUIRED FOR QUALITY CHECK BEFORE

CLOSING DATE OF THE BID IN 20 LITRE DRUM ORIGINAL CONTAINER ONLY WITH
FULL DETALS OF THE SUPPLIER’S ADDRESS, BID NUMBER AND CONTACT
DETALS.

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NOTES / CHECKLIST FOR RETURNABLE DOCUMENTS STIPULATED UNDER SPECIAL CONDITIONS OF TENDER DOCUMENTS AS
MANDATORY REQUIREMENTS. THIS DOCUMENT SHALL BE APPLICABLE TO ALL TENDER DOCUMENTS OF THE CITY .
Preamble
The objective of this checklist is aimed at ensuring that interpretation and application of the special conditions and other mandatory requirements
at Bid Evaluation Committee (BEC) & Bid Adjudication Committee (BAC) are aligned as envisaged by the Bid Specification Committee (BSC).
This will enhance consistency and uniformity in the entire bid committee system whilst promoting “user friendly” principles by simplifying tender
requirements to all interested prospective bidders.
ITEM DESCRIPTION / RETURNABLE NOTES FOR OFFICE USE ONLY
NO: DOCUMENTS
CHECKLIST YES or
NO or
N/A

1. Company Registration Certificate a) It’s a certificate issued by the Companies and Has the bidders attached a YES
Intellectual Property Commission in line with valid company registration
section 14 of the Companies Act 78 of 2008 document in line with the
applicable legislation?
b) A Certificate issued by CIPRO in line with section 2
of the Close Corporation Act 69 of 1984
NB: The registration of Close Corporations (CCs) was
replaced by introduction of the New Companies Act which
came to effect in April 2011. CCs to be recognized as valid
registration certificate will be up to 2010.
2. Company Profile a) A Company Profile is a professional introduction of Has the bidder attached a N/A
your Business that aims to inform Clients about its company profile and its
purpose, vision, trustworthiness, products and experience is relevant to
services, and experience of your Company. It is add value on this project?
basically a “CV for your Business/Company”

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3. Certification of documents to be a) The certification of documents must be done by a Has the bidder certified all YES
submitted together with the tender commissioner of oath as prescribed in the Justices documents to be certified
document. of the Peace and Commissioners of Oaths Act 16 as per special conditions of
of 1963 and its Regulations. bid?
b) Acceptable certified copies are copies originally Check validity on the date,
I.e. ID Copies of business owners,
certified from any police station, post office, check if the commissioner
qualifications, Licenses and
Lawyers or notary public (who are members of a of oaths stamp is compliant
certificates, accreditation by
recognised professional body), Actuaries or as per example copied from
professional bodies, proof of the Regulations.
accountants (who are members of a recognised
ownership document, appointment
professional body), Members of the judiciary,
letters, completion certificates, etc.
Directors, managers or company secretaries of a
banks or regulated financial services business.
c) Commissioner of Oaths stamps can be purchased
at Stationary shops, but it can be custom made
following the below example:
CERTIFIED TRUE COPY OF THE ORIGINAL DOCUMENT. THERE ARE
NO INDICATIONS THAT THE ORIGINAL DOCUMENT HAS BEEN
ALTERED BY UNAUTHORISED PERSONS.

Designation (rank) ………………………………………….ex officio: RSA

Date: ……………………………… Place ……………………………………

Business Address:
…………………………………………………………………………….........
……………………………………………………………………………………

Commissioner of Oaths

…………………………………………………………..………………………
Signature Full Names

NB: All certified copies must NOT exceed three months

and be originally certified.

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4. Central Supplier Database (CSD) a) The City requires that all prospective bidders Has the bidder attached a YES
Full report, (Summary report will should be registered on CSD. This is aimed at full CSD report, are tax
NOT be acceptable). verification of email addresses, phone numbers, matters in good order, are
banking details, company registration numbers, tax the directors not in the
N/B CSD Report date should not
status with SARS, state employees, etc. employment of any state
be more than 30 days before Bid
and the CSD report is not
closing date.
older than 30 days from the
closing date?

5. Tax Compliant Status (TCS) a) Prospective bidders are required to attach a valid Has the bidder attached a YES
TCS together with the tender document. valid (not expired) TCS?
The designated official
should verify the bidder’s
tax compliance status prior
to finalization of the award
of a bid or prize quotation.
Where the recommended
bidder is not tax compliant,
the bidders should be
notified of their non-
compliant status and the
bidder must be requested
to submit to the City within
7 working days, written
proof from SARS of their
tax compliance status or
proof from SARS that they
have made arrangements
to meet their outstanding
tax obligations. The proof of
tax compliance status
submitted by the bidder to

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 the City must be verified via
the CSD report or e-Filing.
The City should reject a bid
submitted by the bidder if
such a bidder fails to
provide proof of tax
compliance status within
the timeframe stated above
(See MFMA Circular No:
90).

6. Certified copy of B-BBEE Certificate a) EMEs in terms of the B-BBEE Act 53 of 2002 Is the copy B-BBEE YES
/ affidavit for B-BBEE status level of JUNE submit a sworn affidavit confirming annual Certificate valid?
contributor (to claim points only). total revenue and level of black ownership or
Certified Copy of B-BBEE Certificate. Is the sworn affidavit for
EME / QSE in line with the
b) Bidders other than EMEs and QSEs MUST submit threshold for EME and EME
their certified copies of valid B-BBEE status level and valid?
verification certificate, substantiating their B-BBEE
If the tendering entity is a
rating issued by a registered auditor approved by
JV / Consortium / Large
IRBA or a verification agency accredited by
SANAS. company, has the bidder
attached a certified copy of
c) A trust, consortium or joint venture will qualify for a valid and consolidated B-
points for their B-BBEE status level as an BBEE certificate in order to
unincorporated entity, provided that the entity claim points as prescribed
submits their consolidated B-BBEE scorecard as if by the MSCM Regulations?
they were a group structure and that such a
Is the copy of B-BEE
consolidated B-BBEE scorecard is prepared for
certificate certified by the
every separate bid.
Commissioner of Oaths
NB: There is NO consolidated affidavit for B-BBEE status reflects as prescribe on the
level of contributor. Only consolidated B-BBEE certificate regulations of the Act?
will be considered for JVs / Consortium & large companies
Is the affidavit for B-BBEE

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 that are making an annual turnover in access of R50 stamped and signed by
million including value added tax (VAT). This is not a commissioner of oaths?
disqualifying factor, non-adherence will lead to no
allocation of B-BBEE points. I.e. full names and
signature, force/practice
number, designation / rank,
date and address.
Is the certification date not
older than 3 months and
original ink is clear on the
document to confirm if it is
originally certified?
7. Formal agreement must be attached a) The JV/consortium must amongst others, reflect If the tendering entity / YES
in case of a joint venture (JV) or clear profit and loses sharing percentages. It is bidder is a JV/Consortium,
consortium. compulsory that the lead partner must have at least has the bidder attached a
51% majority shares in the JV/consortium. detailed JV/Consortium
agreement with all critical
information?

8. In bids where Consortia / Joint a) This will not be applicable to functionality and B- If the tendering entity / YES
Ventures / Sub-contractors are BBEE requirements. bidder is a JV/Consortium,
involved, each party must submit have the parties involved
separate required returnable attached all individual
documents. required documents as per
special condition of bid?

13
9. Latest municipal rates and taxes a) If the business is operated and its director(s) are Has the bidder attached YES
certificates from relevant local residing within a municipal area, bidders are latest municipal rates and
authority for the business and all expected to attach latest municipal rate and taxes taxes from relevant local
business directors certificates for the business and ALL its directors. authority for the company /
business and all company
OR b) If the business is operated and its director(s) are directors / owners?
residing within a tribal authority. Bidders are
Proof of resident from tribal authority
expected to attach proof of resident for the In case of lease, has the
for the business and all business
business and ALL its directors. bidders attached lease
directors
agreements and lessor’s
c) If the business directors are leasing a facility for
OR proof of res from a tribal
residential purposes, they are required to attach
authority or latest municipal
Lease agreement with the Lessor’s individual lease agreement with lessor’s latest rates and taxes certificate?
latest municipal rates and taxes municipal rates and taxes for a facility is within a
certificates from relevant local Municipal boundary and if the business is renting Is the account not in areas
authority. office / business facility, the bidders are required to for more than 90 days (3
attach lease agreement for the business with months)?
NB: All accounts owing any lessor’s latest municipal rates and taxes for a
municipality for more than 90 days facility within a municipal boundary. If the facility
will be disqualified as prescribed on leased is in a rural area, lease agreement will be
the MSCM Regulations. accompanied with the lessor’s proof of residential
from a tribal authority.
NB: Domicilium citandi at executandi: Domicilium citandi et
executandi is a Latin legal term meaning the address
nominated by a bidder in a legal contract where legal notices
may be sent.
Bidders are encouraged to update their addresses when they
relocate their businesses and the preferred address on the
CSD should be in line with the address on the Company
Registration Document. It is the responsibility of the bidder to
ensure that all physical addresses reflected either on the
company registration document and CSD are not owing any
municipal rates and taxes for more than three months

14
 including the Lessor’s municipal account in case of lease.
The rationale behind this requirement is the enhance revenue
in RSA municipalities as enshrined on the Municipal Systems
Act 32, 2000. Failure to attach is an immediate
disqualification but failure to align addresses will not be a
disqualifying factor, however all addresses reflected on the
both the CSD and company registration document will be
subjected to this requirement.

10. Forging of documents/certificates Section 34(1)(b) of the Prevention and Combating of Are there any suspicious / YES
Corrupt Activities Act 12 of 2004, stipulates that: “any alleged fraudulent or forged
The City has noted that prospective documents?
person who holds a position of authority and who knows or
bidders are allegedly submitting
ought reasonably to have known or suspected that any
fraudulent and forged documents If yes, has the matter been
other person has committed the offence of theft, fraud,
when bidding for tenders. reported to the nearest
extortion, forgery or uttering a forged document involving
SAPS following correct
Bidders are advised not to commit an amount of R100 000 or more, must report such
institutional protocol?
fraudulent activities and forge knowledge or suspicion or cause such knowledge or
documents. The City will ensure that suspicion to be reported to any police official”. Has the matter been
this Act is adhered to by reporting all registered with the
Section 34(2) of the same Act stipulates that: “subject to
abusers of the SCM system to SAPS Registrar to enable due
the provision of section 37(2), any person who fails to
and enlist them on the Register of processes and per the Act?
comply with subsection (1), is guilty of an offence”.
Tender Defaulters as prescribed on
NB: The minutes of the
section 29 of the Prevention and
BEC / BAC should detail all
Combating of Corrupt Activities Act
12 of 2004. the elements of alleged
fraud and forged
Abusers of the SCM system, documents.
amongst other penalties, may be
restricted to do business with any
Public Institutions for a period NOT
exceeding 10 years (see section 28
of this Act).

15
11. Copy of Public Liability insurance. a) Public liability insurance may vary from one project If applicable, is the bidder N/A
Only insurance covers from to another on the basis of the level of risk and compliant with the minimum
registered and authorized financial complexity of the project. Minimum cover to be cover stipulated in the bid
service providers will be accepted. determined by the BSC prior consultation with the document?
project manager if deemed necessary. Is the public liability
insurance from a registered
financial institution?
12. Recent audited / independently a) Applicable to private companies that are not Has the bidder furnished N/A
reviewed financial statements for managed by its owners, if: MBD 5 as mandatory for all
three consecutive years. projects estimated to be in
NB: if a company provides any - It compiles its financial statement internally and excess of R10 million?
financial statements in terms of its public interest score is less than 100. Has the bidder attached the
section 29 of the Companies Act, relevant AFS as required by
such statements must comply with - It has its financial statements compiled law and is it aligned with
the provision of the Act. independently and its public interest score is his/her declaration on MBD
between 100 and 349. 5? False / mismatched /
inconsistent declaration
- the public interest score is 350 points or more,
may lead to immediate
is required for an audit to be conducted.
disqualification.
13. Recent annual financial statement a) Applicable to private companies with a public Has the bidders furnished N/A
(AFS) for three consecutive years interest score of less than 100. MBD 5 as mandatory?
(unaudited AFS). Has the bidder attached the
NB: if a company provides any b) If, with respect to a particular company, every relevant AFS as required by
financial statements in terms of person who is a holder of, or has a beneficial law in line with his/her
section 29 of the Companies Act, interest in, any securities issued by that company is declaration on MBD 5?
such statements must comply with also a director of the company, that company is
the provision of the Act. exempt from the requirements in this section to
have its annual financial statements audited or
independently reviewed.
NB: An independent review will suffice if the company has
opted to have its financial statement audited or is required
by its Memorandum of Incorporation (MOI) to do so.
14. Functionality / Quality for evaluation a) Functionality test refers to evaluation of bidders on Has the bidder met the N/A
of complex projects various aspects of the contract to establish if the minimum threshold on

16
 bidders has the capabilities to execute the contract functionality in order to
or not. The various aspect may include but not qualify for further evaluation
limited to: track record and experience on similar on price and B-BBEE?
projects, human resource and their individual Has the bidders been
experience, financial capabilities, relevant scored in line with the
technology, etc. evaluation criteria set on
the tender document?
NB: Functionality will not be compulsory for all projects but All portfolio of evidence
for complex projects. Functionality criteria will vary from attached and certified as
one project to another. stated on the bid
document?

15. The Compensation for Occupation a) The COIDA provides for compensation for If applicable, is the COIDA N/A
Injuries and Diseases Act 130 of disablement caused by occupational injuries or certification / letter of good
1993 (COIDA) diseases sustained or contracted by employees in standing attached, valid
the course of their employment, or for death and reflects the nature of
resulting from such injuries or diseases, hence work in line with the scope
bidders are expected to attach COIDA certificates of works?
in line with their specialize area aligned to the
type/nature of business.

17
 SPECIFICATIONS AND PRICING SCHEDULE

CODE ITEM DESCRIPTION UOM QTY UNIT PRICE TOTAL PRICE EXCL.
EXCL. VAT VAT
ROAD-MARKING WHITE 20LITERS (SIMILAR TO PLASCON EACH 80
PRODUCT)
ROAD-MARKING GLASS BEADS 25 KG BAG PER 25KG 50
X 50
TOTAL BID PRICE EXCLUDING VAT R
15 % OF VAT R
TOTAL BID PRICE INCLUDING VAT R

NB: the total bid price must be reflected on the form of offer, MBD 1 of the tender document. All delivery costs must be included in
the bid price. Bidders are requested to demonstrate capacity of product knowledge by providing a data sheet with specifications of
the product and colourful picture. Failure to adhere will lead to immediate disqualification.

18
 PRICING SCHEDULE – FIRM PRICES
(PURCHASES)

NOTE: ONLY FIRM PRICES WILL BE ACCEPTED, NON-FIRM PRICES (INCLUDING

PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE
CONSIDERED

IN CASE WHERE DIFFERENT DELIVERY POINTS INFLUENCES THE PRICING, A

SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY
POINT

Name of bidder……………………………………………… Bid number: COM81/2025

Closing Time 11:00 on 24 JULY 2025

OFFER TO BE VALID FOR 30 DAYS FROM THE CLOSING DATE OF BID.

ITEM NO. QTY DESCRIPTION BID PRICE IN RSA CURRENTLY

(INCLUDING VAT)

- Required by ……………………………………..

- At: ……………………………………..

……………………………………..

- Brand and model ……………………………………..

- Country of origin ……………………………………..

- Does the offer comply with specification? *YES/NO

- If not to specification, indicate deviation(s) ……………………………………..

- Period for delivery ……………………………………..

*Delivery: Firm/not firm

- Delivery basis (all delivery costs must be

included in the bid price) ……………………………………..

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination.

Procurement Related Enquiries: Technical Enquiries:

Christopher Nkambule Baldwin Shongwe
Supply Chain Management Logistics Management
Tel No: 013 759 2358 Tel No: 013 759 2026
Email address: Email address:
[email protected] [email protected]

19
 MBD 4
DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state¹.

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.

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

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

3.2 Identity Number: …………………………………………………………

3.3 Position occupied in the Company (director, trustee, hareholder²):…

3.4 Company Registration Number: ………………………………………

3.5Tax Reference Number:……………………………………………………

3.6VAT Registration Number: ………………………………………………

3.7 The names of all directors / trustees / shareholders members, their individual identity
Numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? ………………………………………YES / NO

3.8.1Ifyes, furnish particulars.….………………………………………

……………………………………………………………………...
¹MSCM 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.

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

3.9Have you been in the service of the state for the past twelve months? ……YES / NO

3.9.1Ifyes, furnish particulars.………………………...……………

……………………………………………………………………………

3.10 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?……………………………YES / NO

20
3.10.1Ifyes, furnish particulars.

……………………………………………………………………

……………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between
any other bidder and any persons in the service of the state who
may be involved with the evaluation and or adjudication of this
bid?................................................................................................................. YES / NO

3.11.1Ifyes, furnish particulars

…………………………………………………………………

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

3.12Are any of the company’s directors, trustees, managers,

Principle shareholders or stakeholders in service of the state?
YES / NO

3.12.1 If yes, furnish particulars.

……………………………………………………………………………….

……………………………………………………………………………….

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

3.13.1Ifyes, 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:

……………………………………………………………………………..

……………………………………………………………………………..

21
4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee

Number

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

…………………………………. ………………………………………
Capacity Name of Bidder

22
 MBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

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, 2022.

1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- 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 To be completed by the organ of state

a) The applicable preference point system for this tender is the 80/20 preference
point system.

1.3 Points for this tender (even in the case of a tender for income-generating contracts)
shall be awarded for:
(a) Price; and
(b) Specific Goals.

1.4 To be completed by the organ of state:

The maximum points for this tender are allocated as follows:
POINTS
PRICE 80
SPECIFIC GOALS 20
Total points for Price and SPECIFIC GOALS 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of
this tender to claim points for specific goals with the tender, will be interpreted to
mean that preference points for specific goals are not claimed.

23
1.6 The organ of state reserves the right to require of a tenderer, either before a tender is
adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.

2. DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in
response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and
includes all applicable taxes less all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form
determined by an organ of state in response to an invitation for the origination of
income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that produces
revenue for the organ of state, and includes, but is not limited to, leasing and disposal
of assets and concession contracts, excluding direct sales and disposal of assets
through public auctions; and
(e) “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No.
5 of 2000).

3. FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

3.1.1 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

or
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

24
3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME
GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

or

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

4. POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the
tender. For the purposes of this tender the tenderer will be allocated points based on
the goals stated in table 1 below as may be supported by proof/ documentation stated
in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations,
which states that, if it is unclear whether the 80/20 or 90/10 preference point system
applies, an organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20
or 90/10 preference point system will apply and that the highest acceptable
tender will be used to determine the applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 or 90/10 preference point
system will apply and that the lowest acceptable tender will be used to
determine the applicable preference point system, then the organ of state
must indicate the points allocated for specific goals for both the 90/10 and
80/20 preference point system.

25
 Table 1: Specific goals for the tender and points claimed are indicated per the table
below.
Note to tenderers: The tenderer must indicate how they claim points for each
preference point system.
Item Number of
no. Number of points
points claimed
allocated (80/20
The specific goals allocated points in terms of this tender
(80/20 system)
system) (To be
completed by
the tenderer)
A total of 15 preference points shall be allocated on a proportional or pro rata basis for contracting an
enterprise owned by historically disadvantaged persons or individuals who meet the following
requirements -
1. for 100% black person or people owned enterprise 5 points
2. for at least 30% woman or women shareholding or owned 5 points
enterprise
3. For at least 30% youth shareholding or owned enterprise 2.5 points
4. for at least 30% people living with disability shareholding or 2.5 points
owned enterprise
A total of 5 preference points shall be allocated on a proportional or pro rata basis for implementing of
programmes for RDP -
7. for enterprise regarded as EME located within the local area of 5 points
jurisdiction.
The City will utilize the CSD report for the above-mentioned information.

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number: …………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

 Partnership/Joint Venture / Consortium

 One-person business/sole propriety
 Close corporation
 Public Company
 Personal Liability Company
 (Pty) Limited
 Non-Profit Company
 State Owned Company
[TICK APPLICABLE BOX]
4.6. I, the undersigned, who is duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the specific goals as advised in the tender,
qualifies the company/ firm for the preference(s) shown and I 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;

26
 iii) In the event of a contract being awarded as a result of points claimed as shown
in paragraphs 1.4 and 4.2, the contractor may be required to furnish
documentary proof to the satisfaction of the organ of state that the claims are
correct;
iv) If the specific goals have been claimed or obtained on a fraudulent basis or any
of the conditions of contract have not been fulfilled, the organ of state may, in
addition to any other remedy it may have –

(a) disqualify the person from the tendering 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 tenderer or contractor, its shareholders and
directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted 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, if deemed necessary.

WITNESSES:

1. ……………………………………

…................................................
SIGNATURE(S) OF BIDDER(S)

4. ……………………………………

DATE:…………………………………..

ADDRESS:.........................................

………………………………………….

………………………………………………

27
 MBD 7.1

THIS MBD FORM MUST NOT BE COMPLETED PRIOR TO APPOINTMENT. IT WILL BE ONLY BE
FURNISHED AND SIGNED BY THE SUCCESSFUL BIDDER/SERVICE PROVIDER

CONTRACT FORM - PURCHASE OF GOODS/WORKS

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER / SERVICE
PROVIDER (PART 1) AND THE PURCHASER / CITY OF MBOMBELA (PART 2). BOTH FORMS
MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL BIDDER / SERVICE
PROVIDER AND THE PURCHASER / CITY OF MBOMBELA WOULD BE IN POSSESSION OF
ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE BIDDER)

1. I hereby undertake to supply all or any of the goods and/or works described in the attached
bidding documents to (name of institution)………..…………………………. in accordance with
the requirements and specifications stipulated in bid number………..……….. at the price/s
quoted. My offer/s remain binding upon me and open for acceptance by the purchaser during
the validity period indicated and calculated from the closing time of bid.

2. The following documents shall be deemed to form and be read and construed as part of this
agreement:

(i) Bidding documents, viz

- Invitation to bid;
- Tax clearance certificate;
- Pricing schedule(s);
- Technical Specification(s);
- Preference claims for Broad Based Black Economic Empowerment Status
Level of Contribution in terms of the Preferential Procurement Regulations
2022;
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Certificate of Independent Bid Determination;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the
price(s) and rate(s) quoted cover all the goods and/or works specified in the bidding
documents; that the price(s) and rate(s) cover all my obligations and I accept that any
mistakes regarding price(s) and rate(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me under this agreement as the principal liable for the due fulfillment
of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other
person regarding this or any other bid.
6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT) ………………………………………….

WITNESSES
CAPACITY ………………………………………….

SIGNATURE …………………………………………. 1 …….……………

NAME OF FIRM …………………………………………. 2. ……………………

DATE ………………………………………….
DATE: …………………...

28
 MBD 7.1

(BIDDERS / SERVICE PROVIDERS MUST NOT FILL THIS PART TWO OF THIS MBD 7)

CONTRACT FORM - PURCHASE OF GOODS/WORKS

PART 2 (TO BE FILLED IN BY THE PURCHASER /CITY OF MBOMBELA)

1. I……………………………………… in my capacity
as…………………………………………………...…..
accept your bid under reference number ………………dated………………………for the supply
of goods/works indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating delivery instructions is forthcoming.

3. I undertake to make payment for the goods/works delivered in accordance with the terms and
conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by
the delivery note.

MINIMUM
THRESHOLD
PRICE (ALL
B-BBEE STATUS FOR LOCAL
ITEM APPLICABLE DELIVERY
BRAND LEVEL OF PRODUCTION
NO. TAXES PERIOD
CONTRIBUTION AND
INCLUDED)
CONTENT (if
applicable)

4. I confirm that I am duly authorized to sign this contract.

SIGNED AT ………………………………………ON………………………………..

NAME (PRINT) …………………………………….

SIGNATURE …………………………………….

OFFICIAL STAMP WITNESSES

1. …………………….

2. …………………….

DATE …………………….

29
 MBD 8

2.2 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 Yes No
as a company or person 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 National Treasury after the audi alteram
partem rule was applied).
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters Yes No
in terms of section 29 of the Prevention and Combating of Corrupt Activities
Act (No 12 of 2004)?
(To access this Register enter the National Treasury’s website,
www.treasury.gov.za, click on the icon “Register for Tender Defaulters”
or submit your written request for a hard copy of the Register to
facsimile number (012) 3265445).
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 Yes No
court of law outside the Republic of South Africa) for fraud or corruption during
the past five years?

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 Yes No
municipal charges to the municipality / municipal entity, or to any other
municipality / municipal entity, that is in arrears for more than three months?

4.4.1 If so, furnish particulars:

30
4.5 Was any contract between the bidder and the municipality / municipal entity or Yes No
any other organ of state terminated during the past five years on account of
failure to perform on or comply with the contract?

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

31
 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.

32
 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

33
 MBD 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.

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

34
 AUTHORITY TO SIGN A BID

1. COMPANIES AND CLOSE CORPORATIONS

a. If a Bidder is a COMPANY, a certified copy of the resolution by the board of

directors, duly signed, authorising the person who signs this bid to do so, as well as to
sign any contract resulting from this bid and any other documents and
correspondence in connection with this bid and/or contract on behalf of the company
must be submitted with this bid, that is, before the closing time and date of the bid

b. In the case of a CLOSE CORPORATION (CC) submitting a bid, a resolution by its

members, authorizing a member or other official of the corporation to sign the
documents on their behalf, shall be included with the bid.

PARTICULARS OF RESOLUTION BY BOARD OF DIRECTORS OF THE COMPANY / MEMBERS

OF THE CC

Date Resolution was taken

Resolution signed by (name and surname)

Capacity

Name and surname of delegated Authorized

Signatory

Capacity

Specimen Signature

Full name and surname of ALL Director(s) / Member (s)

Is a CERTIFIED COPY of the resolution attached? YES NO

SIGNED ON BEHALF OF
DATE:
COMPANY / CC:

PRINT NAME:

WITNESS 1: WITNESS 2:

35
 2. SOLE PROPRIETOR (SINGLE OWNER BUSINESS)
I, , the undersigned, hereby
confirm

that I am the sole owner of the business trading as

3. PARTNERSHIP
We, the undersigned partners in the business trading as

hereby authorize Mr/Ms to sign this bid as well as any

contract resulting from the bid and any other documents and correspondence in connection
with this bid and /or contract for and on behalf of the abovementioned partnership.

The following particulars in respect of every partner must be furnished and signed by every
partner:

Full name of partner Signature

SIGNED ON BEHALF OF
DATE:
PARTNERSHIP:

PRINT NAME:

WITNESS 1: WITNESS 2:

36
 CERTIFICATE OF AUTHORITY FOR JOINT VENTURES

This returnable schedule is to be completed by JOINT

VENTURES

We, the undersigned, are submitting this tender offer in joint venture and hereby authorize Mr/Ms
authorized signatory of the Company/Close
Corporation/Partnership (name) , acting in the capacity
of lead partner, to sign all documents in connection with the tender offer and any contract resulting
from it on our behalf.

1. Name of firm
(Lead partner)

Address
Tel. No.

Signature Designation

2. Name of firm

Address
Tel. No.

Signature Designation

3. Name of firm

Address:
Tel. No.

Signature Designation

4. Name of firm

Address
Tel. No.

Signature Designation

NOTE: A copy of the Joint Venture Agreement showing clearly the percentage contribution
of each partner to the Joint Venture, shall be appended to this Schedule.

37
 PRICE AND
EQUITY PROMOTION GOALS COMPETENCE
(20 POINTS) GOALS
(80 POINTS)

PRICE

SPECIFIC GOALS

TOTAL
SUB TOTAL
SUB TOTAL

38
MAXIMUM
POINTS

20
80

20
80

100
TO BE
ALLOCATED

POINTS
CLAIMED BY
SUPPLY CHAIN POLICY USING 80/20 SPECIFIC GOALS

BIDDER

ALLOCATED
POINTS