Guide
SBD 8 and SBD 9: repealed for government departments, still used by municipalities
Many tender checklists still list SBD 8 (past supply chain practices) and SBD 9 (certificate of independent bid determination). For national and provincial departments, constitutional institutions and Schedule 2 and 3 public entities, both were repealed from 1 April 2022. The municipal versions, MBD 8 and MBD 9, are still part of National Treasury's municipal bidding documents.
- Applies to
- Everyone who bids to government: the rule differs for PFMA institutions and municipalities.
- Last reviewed
The issued tender pack always takes precedence. Buyers customise the standard forms and add their own conditions, so complete the forms and follow the rules in the pack you received. This guide explains the official forms; it is general information, not legal advice.
What happened in 2022
PFMA SCM Instruction 3 of 2021/22 took effect on 1 April 2022. Paragraph 13 repealed, among others, the practice note on the Certificate of Independent Bid Determination (SBD 9) (paragraph 13(f)) and Practice Note SCM 4 of 2006 on the Declaration of bidder's past supply chain management practices (SBD 8) (paragraph 13(g)). Paragraph 7 of the same instruction extended the bidder's disclosure, SBD 4, to every institution the instruction covers, for all procurement except petty cash purchases.
SBD 4 now covers the core of both forms. Its purpose section disqualifies anyone listed on the Register for Tender Defaulters or the List of Restricted Suppliers, two things SBD 8 asked about, and its general declaration covers independent bid determination and no collusion with competitors, which was SBD 9. SBD 8's other questions, on fraud or corruption convictions and contracts terminated for failure to perform, have no direct equivalent on SBD 4.
Who still uses them
| Buyer | Past SCM practices | Independent bid determination |
|---|---|---|
| National and provincial departments, constitutional institutions, Schedule 2 and 3 public entities (PFMA) | Repealed; SBD 4 covers the restricted supplier and tender defaulter checks | Repealed; covered by SBD 4 |
| Municipalities and municipal entities (MFMA) | MBD 8 | MBD 9 |
National Treasury's municipal bidding documents still include MBD 8 and MBD 9, and the municipal contract form MBD 7.1 still lists the declaration of interest (MBD 4), the declaration of bidder's past SCM practices (MBD 8) and the certificate of independent bid determination (MBD 9) among the bid documents.
If a department's pack still asks for SBD 8 or 9
Some departments still include them, often from an old template. The bid document is what the buyer evaluates, so if it lists SBD 8 or SBD 9 as a returnable, complete and include them; it costs little. If you think the requirement is a mistake, ask the bidding procedure contact in writing before the closing date and keep the answer.
What MBD 8 and MBD 9 ask
- MBD 8: whether the bidder or its directors are on the Database of Restricted Suppliers or the Register for Tender Defaulters, were convicted of fraud or corruption in the past five years, owe municipal rates, taxes or charges more than three months in arrears to any municipality or municipal entity, or had a contract with the municipality or any other organ of state terminated in the past five years for failing to perform on or comply with it.
- MBD 9: a certificate that the bid was arrived at independently, with no consultation or agreement with competitors on prices, pricing methods, market allocation, whether to bid, bidding without intending to win, or quality and specifications, and that the bid terms were not disclosed to competitors. It refers to the Competition Act's prohibition of collusive bidding. Unlike the revised SBD 4, MBD 9 still says communication between joint venture or consortium partners is not collusive bidding.
The rates question in MBD 8 asks about the bidder and each director, so arrears on the business premises or on a director's own property account can count. Check statements for every property before you bid.
How Lula Bid helps
- Decides whether a tender uses the SBD set or the municipal MBD set from the issuer, the source and the pack, and asks you to confirm when it has to guess.
- Leaves SBD 8 and 9 off the required list for national and provincial bodies unless the tender documents still name them, and keeps MBD 8 and 9 for municipalities.
You still check every answer and sign the forms yourself. See what each package includes
Official sources
- PFMA SCM Instruction 3 of 2021/22: Enhancing compliance, transparency and accountability in SCM (with the 2022 SBD 4 as Annexure A) · National Treasury, Office of the Chief Procurement Officer
- Practice Note SCM 4 of 2006: Declaration of bidder's past supply chain management practices (SBD 8) · National Treasury, Office of the Chief Procurement Officer
- National Treasury Practice Note (21 July 2010): Certificate of Independent Bid Determination (SBD 9) · National Treasury, Office of the Chief Procurement Officer
- MBD 7.1 Contract form: purchase of goods/services (Word) · National Treasury, Office of the Chief Procurement Officer
- Standard bidding forms (SBD and MBD) · National Treasury, Office of the Chief Procurement Officer
Last reviewed 10 October 2026 against these documents. Forms and instructions change; check the buyer's pack and National Treasury's site for later versions.