1 Annexure C1 BID DOCUMENT PHASE 1: TEST FOR RESPONSIVENSS BIDNO: PR 10615196 ESTABLISHMENT AND SUCCESSFUL OPERATION OF AN ENTERPRISE DEVELOPMENT CENTRE IN THE CITY OF MATLOSANA LOCAL MUNICIPALITY BIDDER S DETAIL NAME OF COMPANY: CONTACT PERSON: TELEPHONE NUMBER: FAX NUMBER: ADDRESS:
2 Date of Issuance: 11 May 2015 Issuing Office: ANGLOGOLD ASHANTI 76 Jeppe Street Newtown 2001 South Africa Closing Date: 02 June 2015 12:00 pm Contact Person Ms. Annetjie Barnard Office: +27 18 478 6630 Email: anbarnard@anglogoldashanti.com
3 This document consists of the following sections: A. Invitation to Bid B. Scope of Work Key Specifications only C. Conditions of Bid D. Returnable Documents For a Bidder to be responsive: The following documents must be attached to the bid document and returned: a. General information; b. Certified copies of Company registration certificate; c. BEE Certificate latest/current BEE certificate issued by the South African National Accreditation System (SANAS); NB Companies without a BEE Certificate will not be disqualified, they will however lose the preference points d. Certificate of authority; e. A valid TAX CLEARANCE CERTIFICATE issued by the SOUTH AFRICAN REVENUE SERVICES. In the a case of a company not registered and not operating with the Republic of South Africa an exemption letter signed by all Directors/Shareholders is required; f. Proof of payment of MUNICIPAL ACCOUNT or an exemption letter signed by all Directors/Shareholders in a case of a company not registered and not operating with the Republic of South Africa; g. Declaration of interest BD 4; h. Declaration for Procurement above R10 Million (all applicable taxes included) BD 5; i. Declaration of bidders past Supply Chain Management practices BD 8; j. Certificate of Independent Bid Determination BD 9; k. Company profile, and l. All returnable schedules and forms (Point D) are compulsory and must be duly completed by the bidder Non-responsive bidders will not be considered for attendance at the detailed project briefing
4 A. INVITATION TO BID Bids are hereby invited from an appropriately skilled and capacitated Implementing Agent for the establishment and operation of an Enterprise Development Centre (EDC) in the City of Matlosana Local Municipality in collaboration with relevant stakeholders. A company profile and regulatory documentation indicating the ability to successfully implement and deliver the desired outputs of the EDC project in Matlosana is requested. Sealed bids duly endorsed BID NO: ESTABLISHMENT AND SUCCESSFUL OPERATION OF AN ENTERPRISE DEVELOPMENT CENTRE IN THE CITY OF MATLOSANA LOCAL MUNICIPALITY together with the name and address of the bidder must be deposited (couriered or hand delivered only) in the tender box in the foyer of ANGLOGOLD ASHANTI VAAL RIVER SUPPLY CHAIN COMPLEX in Vaal River (GPS points S26 57 33 & E26 44 05 ). Bids to be received on or before noon on 02 June 2015. Proposals will be evaluated using a two (2) phased assessment process; the first assessment shall be TEST FOR RESPONSIVENESS and Phase 2 (responsive bids only) will consider FUNCTIONALITY (specific criteria assessed on a points basis with a minimum threshold of 60 points) and PRICING & PREFERENCE (90/10 point system, where 90 points will be awarded for price and 10 points awarded for BEE participation as per points given (specifically in terms of ownership) on the certificate issued by a SANAS accredited company).companies without a BEE Certificate will not be disqualified, they will however lose the preference points. No bid will be accepted after the closing time and date. ANGLOGOLD ASHANTI reserves the right not to accept any bid and to re-advertise if so wishes. Enquiries regarding the project should be directed to Ms. Annetjie Barnard at telephone number +27 (0)18 478 6630. NANTES COETZEE CATEGORY MANAGER SERVICES & CAPITAL SAR SUPPLY CHAIN ANGLOGOLD ASHANTI LTD
5 B. SCOPE OF WORK KEY SPECIFICATIONS Development of Business Institutional Framework Opportunity identification development processes Entrepreneurial Resources Development Demand Side Development Database Development Development of Local Economic Development Capacity Enterprise Development Park Complex (Virtual vs Physical) Rendering and Development of Support Services Strategic Alignment with AGA/Matlosana Supply Chain Scope Additions The above key focus areas (but not limited to) serves as the framework of the Scope of Supply to establish and operate the Enterprise Development Centre in Matlosana. C. GENERAL 1.1 ACTIONS AngloGold Ashanti (authorized representative of the Project Steering Committee) and each person/organisation submitting a bid shall comply with these conditions. In their dealings with each other, they shall discharge their duties and obligations as set out in paragraph 2 and 3 below, timeously and with integrity and transparency. 1.2 BID DOCUMENTS The bid documents issued: A. Bid Notice and test for responsiveness B. Scope of Work Key Specifications only C. Conditions of bid D. Returnable Documents 1.3 INTERPRETATION The additional information and requirements as contained in returnable documents and schedules are deemed to be part of these conditions. A bid not duly completed with all the required documents attached will be considered as a non-responsive and incomplete bid and will be rejected on these grounds.
6 1.4 CLARIFICATION OF ENQUIRY DOCUMENTS Should there be any doubt as to the intent or meaning of the Bid Document, or any inconsistency between the various parts, the Bidder shall seek clarification before 18 May 2015 @ 12:00 noon. All additional information supplied to any Bidder shall be provided to all other Bidders having registered as a responsive bidder and indicated interest in the enquiry. 1.5 COMMUNICATION Each communication shall be to or from the contact person only, and in a format that can be read, copied and recorded. AngloGold Ashanti and the Project Steering Committee (herein after further referred to as AngloGold Ashanti ) shall not take any responsibility for nonreceipt of communications from or by a bidder. The contact person is: Name: Ms. Annetjie Barnard Telephone Number: +27 (0)18 478 6630 Fax to Mail: 086 656 0766 1.6 ANGLOGOLD ASHANTI S RIGHT TO ACCEPT OR REJECT ANY BID OR ANY PART OF A BID. 1.6.1 AngloGold Ashanti may accept or reject - Any part/section of the bid - The bid in total - Any variation or deviation from the original bid specifications - Alternative bid offer, and - May cancel the bid process and reject all bid offers at any time before the implementation of any contract AngloGold Ashanti shall not accept or incur any liability to a person/organization for such cancellation and rejection.
7 2. BIDDER S OBLIGATIONS 2.1 ELIGIBILITY The bidder shall submit a bid only if the bidder or any of his principals, is not under any restriction to do business with AngloGold Ashanti and/or City of Matlosana Local Municipality. 2.2 COST OF BIDDING AngloGold Ashanti will not compensate the bidder for any costs incurred in the preparation and submission of a bidder s offer, including the costs of any research necessary to demonstrate that aspects of the offer satisfy requirements. 2.3 CHECK DOCUMENTS Check the bid documents on receipt for completeness and notify AngloGold Ashanti of any discrepancy or omission. 2.4 CONFIDENTIALITY AND COPYRIGHT OF DOCUMENTS Treat as confidential all matters arising in connection with the bid. Use and copy the documents issued by AngloGold Ashanti only for the purpose of preparing and submitting a bid offer in response to the invitation. 2.5 REFERENCE DOCUMENTS Obtain, as necessary for submitting a bid, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the bid documents by reference. 2.6 ACKNOWLEDGE ADDENDA Acknowledge receipt of addenda to the bid documents, which AngloGold Ashanti may issue, and if necessary apply for an extension to the closing time stated in the bid data in order to take the addenda into account. 2.7 ALTERATIONS TO DOCUMENTS Not make any alterations or additions to the bid documents, except to comply with instructions issued by AngloGold Ashanti, or necessary to correct errors made by the bidder. All signatories to the bid shall initial all such alterations. Erasures, the use of masking fluid and correction tape are prohibited.
8 2.8 SUBMITTING A BID 2.8.1 Complete all the returnable schedules and attach the required documentation to this document. 2.8.2 Sign the original and all copies of the bid where required. AngloGold Ashanti will hold all authorized signatories liable on behalf of the bidder. Signatories for bidders proposing to contract as joint ventures shall state who of the signatories is a lead partner whom AngloGold Ashanti shall hold liable for the purpose of the offer. 2.8.3 Sealed bids, duly endorsed BID NO: PR 10615196 ESTABLISHMENT AND SUCCESSFUL OPERATION OF AN ENTERPRISE DEVELOPMENT CENTRE IN THE CITY OF MATLOSANA LOCAL MUNICIPALITY, and the name and address of the bidder must be deposited in the tender box (couriered or hand delivered only) in the foyer of AngloGold Ashanti Vaal River SUPPLY CHAIN Complex in Vaal River (GPS points S26 57 33 & E26 44 05 ). The BIDDER to ensure that the bid was received by AGA SUPPLY CHAIN, on or before 02 June 2015 at noon. No bids will be accepted after the closing time and date. 2.8.4 Accept that AngloGold Ashanti will not assume any responsibility for the misplacement or premature opening of the bid offer if the outer package is not sealed and marked as stated. 2.9 INFORMATION AND DATA TO BE COMPLETED IN ALL RESPECTS Bid offers, which do not provide all the data or information requested completely and in the form required, will be regarded by AngloGold Ashanti as non-responsive and incomplete and will be rejected by AngloGold Ashanti. 2.10 BID OFFER VALIDITY The bidders offer(s) will be valid for acceptance by AngloGold Ashanti for a period of three (3) calendar months after the closing date. 3. ANGLOGOLD ASHANTI S UNDERTAKINGS 3.1 RETURN LATE BID OFFERS Return bid offers received after the closing time stated in the Bid Data, unopened, (unless it is necessary to open a bid submission to obtain a forwarding address), to the bidder concerned, AngloGold Ashanti shall however not accept any responsibility or liability for returned documentation not reaching the bidder
9 3.2 OPENING OF BID SUBMISSIONS 3.2.1 Bids received in time will be opened in accordance with the relevant Opening of Tenders procedure. Bidder submissions for which acceptable reasons for withdrawal have been submitted in writing will not be opened. 3.3 NON-DISCLOSURE Not disclose to bidders, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of bid offers. 3.4 GROUNDS FOR REJECTION AND DISQUALIFICATION Determine whether there has been any effort by a bidder to influence the processing of bidder offers and instantly disqualifies a bidder (and his bid offer) should it be established that he engaged in corrupt or fraudulent practices. 3.5. TESTS FOR RESPONSIVENESS 3.5.1 AngloGold Ashanti will determine, after opening and before detailed evaluation, whether each bidder s offer is properly received: a) Complies with the requirements of these Conditions of Bid, b) Has been properly and fully completed and signed, and c) Is responsive to the other requirements of the bid documents. 3.5.2 A responsive bidder is one that conforms to all the terms, conditions and specifications of the bid documents without material deviation or qualification. 3.5.3 AngloGold Ashanti will reject a non-responsive bidder s offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.
10 3.6 GENERAL DEFINITIONS 3.6.1 Responsive bid means any bid which, in all respects, complies with the specifications and conditions of bid as set out in the bid document. 3.6.2 Bid means a written offer in a prescribed or stipulated form in response to an invitation by an institution for the provision of goods, works or services. 3.6.3 Comparative price means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration. 3.6.4 Consortium or joint venture means an association of persons for the purpose of combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract. 3.6.5 Contract means the agreement that results from the acceptance of a bid by an institution. 3.6.6 Specific contract participation goals means the goals as stipulated in the Preferential Procurement Regulations 2001. 3.6.6.1 In addition to above-mentioned goals, the Regulations [12.(1)] also make provision for institutions to give particular consideration to procuring locally manufactured products. 3.6.7 Control means the possession and exercise of legal authority and power to manage the assets, Good will and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business. 3.6.8 Disability means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being. 3.6.9 Equity Ownership means the percentage ownership and control, exercised by individuals within an enterprise.
3.6.10 Historically Disadvantaged Individual (HDI) means a South African citizen who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the introduction of the Constitution of the Republic of South Africa, 1983 (Act No 110 of 1983) or the Constitution of the Republic of South Africa, 1993, (Act No 200 of 1993) the interim Constitution); and/or who is female; and/or who has a disability: provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be a HDI. 3.6.11 Management means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a Director. 3.6.12 Owned means having all the customary elements of ownership, including the right of decision-making and sharing all the risks and profits commensurate with the degree of ownership interests as demonstrated by an examination of the substance, rather than the form of ownership arrangements. 3.6.13 Person includes reference to a juristic person. 3.6.14 Rand value means the total estimated value of a contract in Rand denomination that is calculated at the time of bid invitations and includes all applicable taxes and excise duties. 3.6.15 Small, Medium and Micro Enterprises (SMMEs) bears the same meaning assigned to this expression in the National Small Business Act, 1996 (No 102 of 1996). 3.6.16 Sub-contracting means the primary contractor s assigning or leasing or making out work to, or employing another person to support such primary contractor in the execution of part of a project in terms of the contract. 3.6.17 Trust means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person. 3.6.18 Trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person. 11
12 D. RETURNABLE DOCUMENTS, SCHEDULES & FORMS 1. General information 2. Certified copies of Company registration certificate 3. BEE Certificate 4. Certificate of authority - Mandate 5. Tax clearance requirements 6. Municipal account 7. Declaration of interest BD 4 8. Declaration for Procurement above R10 Million (all applicable taxes included) BD 5 9. Declaration of bidders past Supply Chain Management practices BD 8 10. Certificate of Independent Bid Determination BD 9 11. Certification
13 D.1 GENERAL INFORMATION 1. Name of bidding entity: 2. Contact details Address : Tel no : Fax no : 3. Legal entity: Mark with an X. Sole proprietor Partnership Close corporation Company (Pty) Ltd Joint venture In the case of a Joint venture, provide details on joint venture members: Joint venture member Type of entity (as defined above)
14 D.2. COPIES OF COMPANY REGISTRATION CERTIFICATE Kindly attach a valid company registration certificate for the business that is bidding for the bid. In case of joint ventures, all businesses are required to attach their company certificates. D.3 BEE CERTIFICATE The latest/current BEE certificate issued by the South African National Accreditation System (SANAS) confirming the bidders BEE status is required. D.4 CERTIFICATE OF AUTHORITY (MANDATE) (Insert letter of authority here) A letter to authorize a specific person to sign all documents in connection with the bid (Number PR 10615196) and contract for Contract Number XXXXX. In the case of a: i. Company, the letter must be signed by the chairperson of the Board of Directors; ii. Close corporation by all of the key members upon whom rests the direction of affairs of the close corporation as a whole; iii. Partnership, by all of the key members upon whom rests the direction of affairs of the partnership as a whole; iv. Joint venture by the legally authorized signatories of all the partners in the joint venture; or v. sole proprietor, by the sole owner. If the authority to sign is not attached to the tender document at submission, the bidder will be considered as non-responsive and will be rejected by AngloGold Ashanti.
D.5 TAX CLEARANCE CERTFICATE REQUIREMENT It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement bidders are required to complete in full the form TCC 001 Application for a Tax Clearance Certificate and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids. 2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from the date of approval. 3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax clearance Certificate will not be acceptable. 4. In bids where Consortia/Joint Ventures/Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 5. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website www.sars.gov.za. 6. Applications for the Tax Clearance Certificates 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. 7. In the a case of a company not registered and not operating within the Republic of South Africa an exemption letter signed by all Directors/Shareholders is required 15 P a g e
D.6 MUNICIPAL ACCOUNT (Inserted here proof of payment of municipal account) Notes: 1. Section 28(1) of the Local Government: Municipal Finance Act, 2003, Municipal Supply Chain Management Regulation requires that a recommended bidder s municipal rates and taxes and municipal services charges are not in arrears. 2. Insert here a copy of proof of payment of last municipal account for local enterprise 3. Submit here an exemption letter signed by all Directors/Shareholders in the case of a company not registered and not operating with the Republic of South Africa. 16 P a g e
D.7 BD 4 - DECLARATION OF INTEREST Declaration of Interest: no bid will be accepted from persons in the service of the state. 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 the service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest. Full name Identity number Company Registration number Tax reference number Are you presently in the service of the State YES NO If so, furnish particulars: Have you been in the service of the state for the past twelve months? YES NO If so, furnish particulars: 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 a bid? YES NO If so, furnish particulars: 17 P a g e
Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of a bid. YES NO If so, furnish particulars: Are any of the company s directors, managers, principle shareholders or stakeholders in service of the state? YES NO If so, furnish particulars: Is any spouse, child or parent of the company s directors, managers, principle shareholders in service of the state? YES NO If so, furnish particulars: MSCM Regulations: in the service of the state means to be- a) A member of- 1. Any municipal council; 2. Any provincial legislature; or 3. The national Assembly or the national Council or 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 with the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); 18 P a g e
e) A member of the accounting authority of any national or provincial public entity; f) An employee of Parliament or a provincial legislature. I, THE UNDERSIGNED (NAME).. CERTIFY THAT THE INFORMATION FURNISHED ABOVE IS CORRECT. I ACCEPT THAT THE PRINCIPAL MAY ACT AGAINST ME IN TERMS OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature.. Date Position.. Name of bidder 19 P a g e
D. 8 BD 5 - DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED) For all procurement expected to exceed R10 million (all applicable taxes included), bidders must complete the following questionnaire: 1 Are you by law required to prepare annual financial statements for auditing? *YES / NO 1.1 If yes, submit audited annual financial statements for the past three years or since the date of establishment if established during the past three years. 2 Do you have any outstanding undisputed commitments for municipal services towards any municipality for more than three months or any other service provider in respect of which payment is overdue for more than 30 days? *YES / NO 2.1 If no, this serves to certify that the bidder has no undisputed commitments for municipal services towards any municipality for more than three months or other service provider in respect of which payment is overdue for more than 30 days. 2.2 If yes, provide particulars.... * Delete if not applicable 20 P a g e
3 Has any contract been awarded to you by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract? *YES / NO 3.1 If yes, furnish particulars. 4. Will any portion of goods or services be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality / municipal entity is expected to be transferred out of the Republic? *YES / NO 4.1 If yes, furnish particulars.... CERTIFICATION I, THE UNDERSIGNED (NAME) CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. 21 P a g e
I ACCEPT THAT THE AGLOGOLD ASHANTI OR THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature.. Date... Position. Name of Bidder 22 P a g e
D. 9 BD 8 - DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES This Standard Bidding Document must form part of all bids invited. 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. 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/s. 23 P a g e
IN ORDER TO GIVE EFFECT TO THE ABOVE, THE FOLLOWING QUESTIONNAIRE (BD 8) MUST BE COMPLETED AND SUBMITTED WITH THE BID. 24 P a g e
D.10 BD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION CERTIFICATE OF INDEPENDENT BID DETERMINATION 1. This Bidding Document (BD) 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 AngloGold Ashanti 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 BD 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. 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. 25 P a g e
5. In order to give effect to the above, the attached Certificate of Bid Determination (BD 9) must be completed and submitted with the bid: I, the undersigned, in submitting the accompanying bid: (Bid Number and Description) in response to the invitation for the bid made by: AngloGold Ashanti Limited do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 26 P a g e
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. 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 may in the discretion of AngloGold Ashanti 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 AngloGold Ashanti 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 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. 27 P a g e
D.11 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 28 P a g e