TENDER FOR THE PROVISION OF THREAT INTELLIGENCE AND BRAND MONITORING SOLUTION

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:
2.1 The terms:
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 contexts or esquires, “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 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
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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.
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 puts it in a position to influence the Tender of another Tenderer,

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