LEASING OF MOTOR VEHICLES UNDER THE GOVERNMENT MOTOR VEHICLE LEASING PROGRAMME PHASE VIII

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.
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.
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.
3 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
Page 7 of 352
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 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

[]

[{"equipment_type": "3 The term \u201corigin\u201d means the country where the Lease Items have been sourced", "ownership_requirement": "Owned or Leased"}]