SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF SPECIALISED MEDICAL EQUIPMENT

SECTION I: INSTRUCTIONS TO TENDERERS
A General Provisions
1. Scope of Tender
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.
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
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.
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.
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.
3. Eligible Tenderers
A Tenderer may be a firm that is a private entity, an individual, a state-owned
enterprise or institution subject to ITT3.7, 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 letter of intent. Public
employees and their close relatives (spouses, children, brothers, sisters and
uncles and aunts) are not eligible to participate in the tender.
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.
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 inwhich 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.
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

[]

[]