Provision of Insurance Services: General Insurance

SECTION I - INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Insurance services, as specified in Section
V, Procuring Entity's Schedule of Requirements. The name of the Procuring Entity, name
and identification and number of this tender are specified in the TDS.
2. Definitions
2.1 Throughout this tendering document:
a) The term “in writing” means communicated in written form (e.g. by mail, e-mail,
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 contexts requires, “singular” means “plural” and vice versa; and
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 the
Procuring Entity's official public holidays.
2.2 The successful Tenderer will be expected to commence providing the Insurance Services
by Date provided in the TDS. The insurance duration for each item will be one year or
the period specified in the TDS.
3. Fraud and Corruption
3.1 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.
3.2 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 civils actions 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.
3.3 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 TDS 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.
3.4 Tenderers shall permit and shall cause their agents (where declared or not),
subcontractors, sub-consultants, service providers, suppliers, and their personnel, to
permit the Procuring Entity to inspect all accounts, records and other documents relating
to any initial selection process, pre-qualification process, tender submission, proposal
submission, and contract performance (in the case of award), and to have them audited
by auditors appointed by the Procuring Entity.
4. Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution
subject to ITT 4.7 or any combination of such entities in the form of a joint venture (JV)
under an existing agree mentor with the intent to enter into such an agreement supported
by a letter of intent. Only Insurance service providers registered by Insurance Regulatory
Authority are eligible to tender and sign contracts. 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,
Murang’a Water and Sanitation Company (MUWASCO) 2026/2027/2028/2029 9
during contract execution. Members of a joint venture may not also make an individual
tender, be a subcontractor in a separate tender or be part of another joint venture for the
purposes of the same Tender. The maximum number of JV members shall be specified in
the TDS.
4.2 Public Officers of the Procuring Entity, their spouse, child, parent, brother, sister, child,
parent or sister of a spouse, their business associates or agents and firms/organizations in
which 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.
4.3 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 in directly 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 legal representative as another Tenderer; or
d) Has a relationship with another Tenderer, directly or through common third parties,

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