TENDER FOR DESIGN MANUFACTURE SUPPLY & INSTALLATION OF NEW KIAMBERE POWER PLANT ELEVATOR

TENDER FOR DESIGN MANUFACTURE SUPPLY & INSTALLATION OF NEW KIAMBERE POWER PLANT ELEVATOR

SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 In connection with the Invitation to Tender (ITT), specified in the Tender Data Sheet (TDS),
the Procuring Entity, issues this Tendering document for the Design, Supply and Installation
of Plant and equipment as specified in Section VII, Procuring Entity's Requirements.
2. Definitions
2.1 Throughout this Tender document:
a) The term “in writing” means communicated in written form (e.g.by mail, e-mail, fax,
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 context so 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 in Kenya. It excludes the Kenya's official public
holidays.
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 civil sanctions may be imposed. To this
effect, Tenderers 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, prequalification 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 4.6, or any combination of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a Form of
intent. In the case of a joint venture, all members shall be jointly and severally liable for the
execution of the entire Contract of this tender 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, during contract execution. The maximum number of JV
Tender for Design Manufacture Supply & Installation of New Kiambere Power Plant Elevator
members shall be specified in the TDS.
4.2 Public Officers of the Procuring Entity and their relatives (i.e. spouse, child, parent, brother or
sister and a child, parent, brother 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 indirectly 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,
that puts it in a position to influence the Tender of another Tenderer, or influence the
decisions of the Procuring Entity regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the Plant and Installation Services that are the subject of the
Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity

[]

[{"equipment_type": "Definitions"}, {"equipment_type": "Fraud and Corruption"}]