PROPOSED POWER HOUSE COMPLETION WORKS AND ADMINISTRATION BLOCK MECHANICAL INSTALLATION WORKS AT THE REGIONAL FLAGSHIP TVET INSTITUTE FOR TEXTILE TECHNOLOGY

financially autonomous and not receiving any significant subsidies or budget support
from any public entity or Government, and;
(iii)
operating under commercial law and vested with legal rights and liabilities similar to
any commercial
enterprisetoenableitcompetewithfirmsintheprivatesectoronanequalbasis.
3.9
Firms and individuals shall be ineligible if their countries of origin are:
(a)
As a matter of law or official regulations, Kenya prohibits commercial relations with that
country;
(b)
By an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, Kenya prohibits any import of
goods or contracting of works or services from that country, or any payments to any
country, person, or entity in that country.
A tenderer shall provide such documentary evidence of eligibility satisfactory to the
Procuring Entity, as the Procuring Entity shall reasonably request.
3.10
Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, local sub-contracts and labor) from citizen suppliers and contractors. To this end, a
foreign tenderer shall provide in its tender documentary evidence that this requirement is met.
Foreign tenderers not meeting this criterion will be automatically disqualified. Information
required to enable the Procuring Entity determine if this condition is met shall be provided for
this purpose in “SECTIONI II - EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
3.11
Pursuant to the eligibility requirements of ITT 3.10, a tender is considered a foreign tenderer,
if it is registered in Kenya and has less than 51 percent ownership by nationals of Kenya and
if it does not subcontract to foreign firms or individuals more than 10 percent of the contract
price, excluding provisional sums. JVs are considered as foreign tenderers if the individual
member firms registered in Kenya have less 51 percent ownership by nationals of Kenya. The
JV shall not subcontract to foreign firms more than 10 percent of the contract price, excluding
provisional sums.
3.12
The National Construction Authority Act of Kenya requires that all local and foreign
contractors be registered with the National Construction Authority and be issued with a
Registration Certificate before they can undertake any construction works in Kenya.
Registration shall not be a condition for tender, but it shall be a condition of contract award
and signature. A selected tenderer shall be given opportunity to register before such award and
signature of contract. Application for registration with National Construction Authority may
be accessed from the website www.nca.go.ke.
3.13
The Competition Act of Kenya requires that firms wishing to tender as Joint Venture
undertakings which may prevent, distort or lessen competition in provision of services are
prohibited unless they are exempt in accordance with the provisions of Section 25 of the
Competition Act, 2010. JVs will be required to seek for exemption from the Competition
Authority. Exemption shall not be a condition for tender, but it shall be a condition of contract
award and signature. A JV tenderer shall be given opportunity to seek such exemption as a
condition of award and signature of contract. Application for exemption from the Competition
Authority of Kenya may be accessed from the website www.cak.go.ke.
3.14
A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her
tax obligations by producing valid tax compliance certificate or tax exemption certificate
issued by the Kenya Revenue Authority.
4.0
Eligible goods, equipment, and services
4.1
Goods, equipment and services to be supplied under the Contract may have their origin in any
country that is not ineligible under ITT 3.9. At the Procuring Entity's request, Tenderers may
be required to provide evidence of the origin of Goods, equipment and services.
4.2
Any goods, works and production processes with characteristics that have been declared by
the relevant national environmental protection agency or by other competent authority as
harmful to human beings and to the environment shall not be eligible for procurement.
5.0
Tenderer's responsibilities

5
5.1
The tenderer shall bear all costs associated with the preparation and submission of his/her
tender, and the Procuring Entity will in no case be responsible or liable for those costs.
5.2
The tenderer, at the tenderer's own responsibility and risk, is encouraged to visit and examine
and inspect the Site of the Works and its surroundings and obtain all information that may be
necessary for preparing the tender and entering into a contract for construction of the Works.
The costs of visiting the Site shall beat the tenderer's own expense.
5.3
The Tenderer and any of its personnel or agents will be granted permission by the Procuring
Entity to enter upon its premises and lands for the purpose of such visit. The Tenderer shall
indemnify the Procuring Entity again stall liability arising from death or personal injury, loss

[]

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