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ITB - Landscaping and Garden Maintenance Services

 

ISSUED ON: 8 DECEMBER 2022

PROCURING ENTITY: MINISTRY of FINANCE

 

   A.     General

1.  Scope of Bidding

1.1       The procuring entity, as specified in the BDS, issues this Bidding Document for the procurement of the general services as specified in Section V – Procuring entity’s Requirements.

1.2       The name and identification number of this Open Competitive Bidding procurement are specified in the BDS. The name, identification, and number of lots of are also provided in the BDS.

1.4           Throughout this bidding document:

(a)   “Contact Entity” is the procuring entity’s assigned agency or person for conducting the bidding and contract administration processes;

(b)   “day” means calendar day;

(c)   “Government” means the Government of the Independent State of Samoa;

(d)   the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt;

(e)   “procuring entity” means the Government or delegate or proxy for the Government and the Executor of the Contract;

(f)    if the context so requires, “singular” means “plural” and vice versa.

2. Source of Funds

2.1          The procuring entity has received public funds toward the cost of the project named in the BDS for the execution of this procurement.

2.2           Payment shall be in accordance with the Government’s Treasury Instructions and Payment Policy.


3. Fraud and Corruption

3.1           The procuring entity shall require that the services provider, its contractors and their agents (whether declared or not), personnel, subcontractors, sub-consultants, and service providers under Government-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts.

3.2           Accordingly, the Government shall clarify the terms where it becomes necessary, but for the purposes of this provision the following are considered unacceptable practices;

(a)    “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party; [1]

(b)    “fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; [2]

(c)     “collusive practice” means an arrangement between two or more parties[3] designed to achieve an improper purpose, including influencing improperly the actions of another party;

(d)    “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; [4] and/or

(e)    “obstructive practice” means:

(aa)    deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(bb)   acts intended to materially impede the exercise of the Government’s inspection and audit rights.

3.3           A person who commits an offence relating to corrupt activities in Samoa shall:

(a)    be liable for conviction under the provisions of the laws of the Independent State of Samoa relating to corrupt activities in Samoa;

(b)    have their bid rejected if it is determined that the bidder is not in compliance with the laws of the Independent State of Samoa relating to corrupt activities in Samoa;

(c)     risk other sanctions in accordance with the Procurement Suspensions and Debarments Procedure.

3.4           The procuring entity will:

(i)     reject a bid for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

(ii)   cancel the portion of the funding appropriation allocated to a contract if it determines at any time that representatives of the procuring entity or of a beneficiary of the  appropriation were engaged in corrupt, fraudulent, collusive, or coercive practices during the selection process or the execution of that contract, without the procuring entity having taken timely and appropriate action satisfactory to the procuring entity to remedy the situation or address such practices when they occur;

(iii) sanction a bidder, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a Government financed contract if it at any time determines that the consultant has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for, or in executing, a Government financed contract; and

(iv) have the right to require that, in contracts financed by a Government appropriation, a provision be included requiring bidders to submit audited financial statements and the same to be certified by an independent auditor, and also to permit the Government to inspect their accounts and records and other documents relating to the submission of proposals and contract performance and to have them audited by auditors appointed by the Government.

3.4        Furthermore, bidders shall be aware of the provision stated in GCC 22 of this bidding document with regard to termination for fraudulent and corrupt behaviour.

 

[1]      “Another party” refers to a public official acting in relation to the procurement process or contract execution]. In this context, “public official” includes the Government’s staff and employees of other organizations taking or reviewing procurement decisions.

[2]      “Party” refers to a public official; the terms  “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.

[3]      “Parties” refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non-competitive levels.

[4]      “Party” refers to a participant in the procurement process or contract execution.