As result of a general request for clarification by tenderers with regards to Eligible Tenderers, The Office for General Procurement hereby announces the following clarification: Tender Documents Clarification - Procurement Notices 2019 - Clouse 4. Eligible Tenderers.
A tenderer may be a natural person, private entity, government-owned entity—subject to Instructions to Tenderers or any combination of such entities in the form of a joint venture, consortium, or association joint venture, consortium, or association (JVCA).
In the case of a JVCA: unless otherwise specified in the Tender Document, all partners shall be jointly and severally liable; and the JVCA shall nominate a Representative who shall have the authority to conduct all businesses for and on behalf of any and all the partners of the JVCA during the Tender process and, in the event the JVCA is awarded the Contract, during contract execution.
A tenderer, and all parties constituting the tenderer, shall have the nationality of an eligible country, in accordance with Section V, Eligible Countries. A tenderer shall be deemed to have the nationality of a country if the tenderer is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including Related Services.
A tenderer shall not have a conflict of interest. All tenderers found to have a conflict of interest shall be disqualified. A tenderer may be considered to have a conflict of interest with one or more parties in this Tendering process, if:
⦁ they have controlling partners in common; or
⦁ they receive or have received any direct or indirect subsidy from any of them; or
⦁ they have the same legal representative for purposes of a Tender; or
⦁ they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the tender of another tenderer, or influence the decisions of the Employer regarding this tendering process; or
⦁ a tenderer participates in more than one tender in this Tender process. Participation by a tenderer in more than one Tender will result in the disqualification of all Tenders in which it is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a tenderer, in more than one tender; or
⦁ a tenderer, its affiliates or parent organisation has participated in the feasibility or design stages of a project, that tenderer, its affiliates or parent organisation shall not be eligible to participate in a tender for contracts involving the supply of goods, works or services, including architectural or engineering services, for the project, unless it can be demonstrated that such participation would not constitute a conflict of interest. Such determination must be made prior to the submission of a tender or
⦁ a tenderer participated as a consultant in the preparation of Section VI, Requirements that are the subject of the tender or
⦁ a tenderer or any of its affiliates has been hired, or is proposed to be hired, by the Employer or the Borrower for the supervision of the contract.
A tenderer shall be disqualified if the tenderer, an affiliate of the tenderer, a party constituting the tenderer or an affiliate of a party constituting the tenderer, is under a declaration of ineligibility by the Royal Bank of Mount Vema - RBMV Bank in accordance with the Tender Document, at the date of the deadline for Tender submission or thereafter.
No affiliate of the Employer shall be eligible to tender or participate in a tender in any capacity whatsoever unless it can be demonstrated that there is not a significant degree of common ownership, influence or control amongst the affiliate and the Employer or the Borrower.
Tenderers shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.
Firms shall be excluded if:
⦁ as a matter of law or official regulation, the country of the tenderer prohibits commercial relations with the Kingdom of Mount Vema - The Vema Seamount Territory or the Kingdom of Mount Vema prohibits commercial relations with such country, provided that the Royal Bank of Mount Vema is satisfied that such exclusion does not preclude effective competition; or
⦁ by an act of compliance with a decision of the United Nations Security Council taken, the Kingdom of Mount Vema - The Vema Seamount Territory, prohibits any import of Goods from the country of the tenderer or any payments to persons or entities in the country of the tenderer.
This clarification is in line with General Procurement Policy, Procurement Notices 2019, and Clause 7 and 7.1 of Eligible Tenderers.