OPEN NATIONAL TENDER FOR PROCUREMENT OF NEXT GENERATION FIREWALL

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 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
puts it in a position to influence the Tender of another Tenderer, or influence the

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