SUPPLY AND DELIVERY OF PHARMACEUTICALS 1A

SECTION I: INSTRUCTIONS TO TENDERERS
A. General Provisions
1. Scope of Tender
1.1. The Procuring Entity as defined in the Tender Data Sheet (TDS) invites tenders for supply
of goods and, if applicable, any Related Services incidental thereto, as specified in
Section V, Supply 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.
2. 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.
3. Eligible Tenderers
3.1 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise
or institution subject to ITT3.7, 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. Public employees and their close relatives
(spouses, children, brothers, sisters and uncles and aunts) are not eligible to participate
in the tender.
3.2 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
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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. The maximum number
of JV members shall be specified in the TDS.
3.3 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 are also not allowed to
participate in any procurement proceedings.
3.4 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 - representative or ownership as another Tenderer; or
d) has a relationship with another Tenderer, directly or through common third parties,
that puts it in a position to influence the Tender of another Tenderer, or influence the
decisions of the Procuring Entity regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the goods that are the subject of the Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring
Entity or Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly
related to consulting services for the preparation or implementation of the project
specified in the TDS ITT1.1 that it provided or were provided by any affiliate that
directly or indirectly controls, is controlled by, or is under common control with that

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