Supply & Delivery of Seed Printed Labels

SECTION I: INSTRUCTIONS TO TENDERERS
A General Provisions
1. Scope of Tender
1.1 The Procuring Entity as defined in the 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.
2.3Unfair 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.
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. The maximum number
of JV members shall be specified in the TDS.
3.2Public 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.
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3.3A 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 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 ITT
1.1 that it provided or were provided by any affiliate that directly or indirectly controls, is
controlled by, or is under common control with that firm; or has a close business or family

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