OPEN NATIONAL TENDER FOR MAINTENANCE OF DATA CENTRE UPS AND AIR CONDITIONING SYSTEM

SECTION I - INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Maintenance Services, as specified in
Section V, Procuring Entity's Requirements. The name, identification and number of lots
(contracts) of this ITT procurement are specified in the TDS.
2. Definitions
2.1 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; and
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 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 contract.
3. Fraud and Corruption
3.1 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.
3.2 The Procuring Entity requires compliance with the provisions of the Competition
Act2 010, 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 give 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
the contract being tendered for. 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
5 | Pa ge
competitive advantage over competing firms.
3.5 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.
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 an association or
subcontracting arrangement or 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. 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, 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.
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:

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