PROVISION OF COMMUNICATION AGENCY SERVICES

SECTION I -INSTRUCTIONS TO TENDERERS
Table of Contents
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SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Non-Consulting Services, as specified
in Section V, Procuring Entity's Requirements. The name, identification and number
of this tender are specified in the TDS.
2. Throughout this tendering document:
i. The terms:
1. 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;
2. if the contexts or esquires, “singular” means “plural” and vice versa; and
3. “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 the Procuring Entity's official public holidays.
2.2 The successful Tenderer will be expected to complete the performance of the Services
by the Intended Completion Date provided in the TDS.
3. Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public
Procurement and Asset Disposal Act, 2015 (the Act), 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.
3.2 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.
3.3 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 TDS and make
available to all the firms together with this tender document all Information that would
in that respect gives such firm any unfair competitive advantage over competing
firms.
3.4 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. The Procuring Entity shall indicate in the TDS firms (if any) that provided
consulting services for the contract being tendered for. The Procuring Entity shall
check whether the owners or controllers of the Tenderer are same as those that
provided consulting services. The Procuring Entity shall, upon request, make available
to any tenderer information that would give such firm unfair competitive advantage
over competing firms.
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4. Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity 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 Form 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. Members of a joint venture may not also make an
individual tender, be a sub contract or in a separate tender or be part of another joint venture
for the purposes of the same Tender. The maximum number of JV members shall be specified
in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse in which they have a substantial or controlling interest
shall not be eligible to tender or be awarded contract. Public Officers are also not allowed to
participate in any procurement proceedings.
4.3 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

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