SUPPLY AND INSTALLATION OF 4 MILK CHILLING SYSTEMS.

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.
2.3 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.
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3. Eligible Tenderers
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
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 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 relationship with a professional staff of the Procuring
Entity (or of the project implementing agency, who: (i) are directly or indirectly involved
in the preparation of the tendering document or specifications of the Contract, and/or the
Tender evaluation process of such Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless the conflict stemming from such
relationship has been resolved in a manner acceptable to the Procuring Entity throughout
the Tendering process and execution of the Contract.
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3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or fraudulent
practice. A tenderer that is proven to have been involved in any of these practices shall be
automatically disqualified.
3.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit more than

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