LEASING OF MAKONGO VIEWPOINT FACILITY

SECTION I - INSTRUCTIONS TO TENDERERS
A
General Provisions
1.
Scope of Tender and Definitions
1.1 The Procuring Entity as define in the Appendix to Conditions of Contract invites tenders for leasing of the real
estate facilities, plant/equipment or vehicles and, if applicable, any related services incidental thereto, as
specified in Section VII, Schedule of Requirements. The name, identification, and number of lots (contracts)
of this Tender Document are specified in the TDS.
1.2 Throughout this tendering document:
a)
The term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including if
specified in the TDS, distributed or received through the electronic-procurement system used by the
Procuring Entity) with proof of receipt;
b)
If the context so requires, “singular” means “plural” and vice versa;
c)
“Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day
that is an official working day of the Procuring Entity. It excludes official public holidays.
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Fraud and Corruption
2.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset Disposal Act,
2015, Section 62 “Declaration not to engage in corruption”. The tender submitted by a person shall include a
declaration that the person shall not engage in any corrupt or fraudulent practice and a declaration that the person
or his or her sub- contractors are not debarred from participating in public procurement proceedings.
2.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010, regarding collusive
practices in contracting. Any tenderer found to have engaged in collusive conduct shall be disqualified and
criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be required to complete and sign the
“Certificate of Independent Tender Determination” annexed to the Form of Tender.
2.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require that the firms or their
Affiliates competing for a specific assignment do not derive a competitive advantage from having provided
consulting services related to this tender. To that end, the Procuring Entity shall indicate in the Data Sheet and
make available to all the firms together with this tender document all information that would in that respect give
such firm any unfair competitive advantage over competing firms.
2.4 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub-consultants,
service providers, suppliers, and their personnel, to permit the Procuring Entity to inspect all accounts, records
and other documents relating to any initial selection process, prequalification process, tender submission,
proposal submission, and contract performance (in the case of award), and to have them audited by auditors
appointed by the Procuring Entity.
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Eligible Tenderers
3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject to ITT 4.6, or any
combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to
enter into such an agreement supported by a letter of intent. In the case of a joint venture, all members shall be
jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV
shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and
all the members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during
contract execution. A firm that is a Tenderer (either individually or as a JV member) may participate in more
than one Tender, offering different items that meet the requirements of the Lease. A firm that is not a Tenderer or
a JV member, may participate as a subcontractor in more than one Tender. Members of a joint venture may not
also make an individual tender, be a subcontractor in a separate tender or be part of another joint venture for the
purposes of the same Tender. The maximum number members shall be specified in the TDS.
3.2
Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse, their business associates or agents and firms/organizations in which they have
a substantial or controlling interest shall not be eligible to tender or be awarded a contract. Public Officers

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are also not allowed to participate in any procurement proceedings.
3.3
A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest shall be
disqualified. A Tenderer may be considered to have a conflict of interest for the purpose of this Tendering
process, if the Tenderer:
a
Directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
b
Receives or has received any direct or indirect subsidy from another Tenderer; or
c
Has the same legal representative as another Tenderer; or
d
Has a relationship with another Tenderer, directly or through common third parties, that puts it in a

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