Common use of CERTIFICATE OF INDEPENDENT TENDER DETERMINATION Clause in Contracts

CERTIFICATE OF INDEPENDENT TENDER DETERMINATION. I, the undersigned, in submitting the accompanying Letter of Tender to the [Name of Procuring Entity] for: [Name and number of tender] in response to the request for tenders made by: [Name of Tenderer] do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of[Name of Tenderer] that: I have read and I understand the contents of this Certificate; I understand that the Tender will be disqualified if this Certificate is found not to be true and complete in every respect; I am the authorized representative of the Tenderer with authority to sign this Certificate, and to submit the Tender on behalf of the Tenderer; For the purposes of this Certificate and the Tender, I understand that the word “competitor” shall include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who: has been requested to submit a Tender in response to this request for tenders; could potentially submit a tender in response to this request for tenders, based on their qualifications, abilities or experience; The Tenderer discloses that [check one of the following, as applicable]: The Tenderer has arrived at the Tender independently from, and without consultation, communication, agreement or arrangement with, any competitor; the Tenderer has entered into consultations, communications, agreements or arrangements with one or more competitors regarding this request for tenders, and the Tenderer discloses, in the attached document(s), complete details thereof, including the names of the competitors and the nature of, and reasons for, such consultations, communications, agreements or arrangements; In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: prices; methods, factors or formulas used to calculate prices; the intention or decision to submit, or not to submit, a tender; or the submission of a tender which does not meet the specifications of the request for Tenders; except as specifically disclosed pursuant to paragraph (5)(b) above; In addition, there has been no consultation, communication, agreement or arrangement with any competitor regarding the quality, quantity, specifications or delivery particulars of the works or services to which this request for tenders relates, except as specifically authorized by the procuring authority or as specifically disclosed pursuant to paragraph (5)(b) above; the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or indirectly, to any competitor, prior to the date and time of the official tender opening, or of the awarding of the Contract, whichever comes first, unless otherwise required by law or as specifically disclosed pursuant to paragraph (5)(b) above. Name: Title: Date: Signature: [Name, title and signature of authorized agent of Tenderer and Date] SELF-DECLARATION FORMS FORM SD1 SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015. I ......................................................................... of Post Office Box..............................................being a resident of ............................................. in the Republic of..............................................do hereby make a statement as follows:- THAT I am the Company Secretary/ Chief Executive/Managing Director/Principal Officer/Director of ................................................... (insert name of the Company) who is a Bidder in respect of Tender No. ........................................ for................................................................................................... (insert tender title/description) for...........................................(insert name of the Procuring entity) and duly authorized and competent to make this statement. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from participating in procurement proceeding under Part IV of the Act. THAT what is deponed to herein above is true to the best of my knowledge, information and belief. …………………………. …………………..…. ……………………… (Title) Bidder Official Stamp (Signature) (Date) FORM SD2 SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN ANY CORRUPT OR FRAUDULENT PRACTICE I, ………………………………….... of P.O. Box..............................................being a resident of....................................................................... in the Republic of ................................... do hereby make a statement as follows:- THAT I am the Chief Executive/Managing Director/Principal Officer/Director of..............................................................……....…………………… (insert name of the Company) who is a Bidder in respect of Tender No. .............................................................. for.................................... (Insert tender title/description) for (insert name of the Procuring entity) and duly authorized and competent to make this statement. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any corrupt or fraudulent practice and has not been requested to pay any inducement to any member of the Board, Management, Staff and/or employees and/or agents of ……………………..(insert name of the Procuring entity) which is the procuring entity. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any inducement to any member of the Board, Management, Staff and/or employees and/or agents of ……………………..(name of the procuring entity). THAT the aforesaid Bidder will not engage/has not engaged in any corrosive practice with other bidders participating in the subject tender. THAT what is deponed to herein above is true to the best of my knowledge information and belief. …………………………… ………………...… …………………… (Title) Bidder’s Official Stamp (Signature) (Date) DECLARATION AND COMMITMENT TO THE CODE OF ETHICS I....................................................................................................................... (Person) on behalf of (Name of the Business/ Company/Firm)..........................................................................declare that I have read and fully understood the contents of the Public Procurement & Asset Disposal Act, 2015, Regulations and the Code of Ethics for persons participating in Public Procurement and Asset Disposal and my responsibilities under the Code. I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in Public Procurement and Asset Disposal. Name of Authorized signatory..................................................................................................... Sign…………................................................................................................................................ Position......................................................................................................................................... Office address……………..………………………………. Telephone……...………………………. E-mail…………………………………...........................................................................…………… Name of the Firm/Company……………................................................................……………… Date……………………………………...................................................................………………… (Company Seal/ Rubber Stamp where applicable) Witness Name....................………………………………………………………………………………………... Sign………………………………........................................................................................……… Date…………………………………….................................................................................……… APPENDIX 1- FRAUD AND CORRUPTION (Appendix 1 shall not be modified)