MBD 9 — Certificate of Independent Bid Determination (Companion Guide)

Purpose of the form

MBD 9 — Certificate of Independent Bid Determination is a declaration aligned with the Competition Act. By signing, the bidder certifies that:

• the bid was prepared independently, without consultation, communication, agreement or arrangement with any competitor
• prices were not disclosed to any competitor before the bid was submitted
• there has been no attempt to induce another supplier to submit or not submit a bid

What independent bid determination means

In plain English: you and your competitors must each prepare your bids on your own. Sharing prices, splitting work between bidders, or agreeing who will win is bid rigging and is a criminal offence under the Competition Act.

Red flags and bid-rigging warning

Avoid any of the following — even informally:

• Sharing prices, mark-ups or rates with competitors
• Cover bidding (submitting a high deliberate-loser bid to make another bidder look better)
• Bid suppression (agreeing not to bid)
• Market division (we'll take this region, you take that one)
• Using the same consultant or agent who is also preparing a competitor's bid

Penalties under the Competition Commission can be up to 10% of annual turnover plus criminal liability for individuals.

Before you sign — quick checklist

• [ ] No discussions about pricing with any competitor
• [ ] No shared bid preparation with another bidder
• [ ] No "cover prices" supplied or received
• [ ] No agreement on who will win or which packages each party takes
• [ ] Bid prepared by people inside your business (or your appointed independent consultant)
• [ ] Signed by an authorised representative

Not legal advice. If you are unsure whether a relationship with another bidder is acceptable (e.g. JV partners, sub-contractors, parent companies), get legal advice before signing MBD 9.