TENDER FOR SUPPLY, TESTING AND COMMISSIONING OF 110VDC INDUSTRIAL BATTERY BANKS

public administration, (ii) 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 enterprise to enable it compete with firms in the private
sector on an equal basis.
3.9 Firms and individuals may be ineligible if their countries of origin (a) as a matter of law or official
regulations, Kenya prohibits commercial relations with that country, or (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,
subcontracts and labor) from national 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 in for this purpose is be provided in “SECTION III - EVALUATION AND
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Tender for Supply, Testing and Commissioning Of 110VDC Industrial Battery Banks
QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 3.10, a tenderer is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than 51 percent
ownership by Kenyan Citizens. JVs are considered as foreign tenderers if the individual member firms are not
registered in Kenya or if are registered in Kenya and have less than 51 percent ownership by Kenyan citizens.
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 provide evidence of having fulfilled his/her tax obligations by producing a
valid tax clearance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
4. 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 eligible 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. Tenderer's Responsibilities
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 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 be at 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

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