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

Purpose of the form

MBD 9 (or SBD 9) — Certificate of Independent Bid Determination is a sworn certification that the bidder has prepared its bid independently, without collusion with any other bidder, and that no anti-competitive arrangement has influenced the bid.

It supports the Competition Act and protects the procurement process from bid rigging.

What 'independent bid determination' actually means

When you sign MBD 9, you are confirming:

• The bid was prepared independently by the bidder.
• The bidder did not communicate or share any aspect of its bid (price, methodology, decision to bid, decision not to bid) with any competitor before the closing date.
• The bidder did not agree with a competitor on prices, allocations of customers or markets, or any other anti-competitive arrangement.
• The bidder did not attempt to induce any other bidder to submit, withdraw, or adjust a bid in any way.

Note: Joint Ventures, consortiums and approved subcontracting are different from collusion — but they must be declared in the bid and structured properly. Disclose them.

Bid-rigging red flags

Be alert to and avoid any of these — they are the typical patterns competition authorities look for:

• Cover bidding — submitting a deliberately weak or high-priced bid so a competitor wins.
• Bid rotation — agreeing among competitors who will 'win' which tender on a rotation.
• Market / customer allocation — agreeing not to bid against each other for certain entities or regions.
• Subcontract trade-offs — losing bidders being promised subcontracts or compensation.
• Information sharing — sharing pricing or strategy with a competitor before submission.

All of the above are prohibited under the Competition Act and can lead to large penalties and criminal liability for individuals.

How to complete the form

1. Use the latest official MBD 9 / SBD 9 from the tender pack.
2. Fill in the bidder's full company details (matching CIPC and CSD).
3. Read every paragraph carefully — it is a sworn statement.
4. Have it signed by a director or duly authorised representative.
5. Date the form. Apply a stamp where used.

Before-you-sign checklist

• [ ] Latest version of MBD 9 / SBD 9 used.
• [ ] Bidder details match CIPC and CSD.
• [ ] No pricing or strategy was shared with a competitor for this tender.
• [ ] Any joint venture / consortium / subcontract has been declared in the bid.
• [ ] Signatory is a director or has written authority.
• [ ] You have read and understood the certification — not just signed.
• [ ] Form is dated and stamped (where applicable).

Disclaimer

This is general guidance and not legal advice. The Competition Act is strict. If you are unsure whether a relationship, conversation, or arrangement could be considered collusion, take advice from a competition law specialist before signing.