PROPOSED CONSTRUCTION OF WARD ADMINISTRATOR'S OFFICE AT PII (SS MEHTA) IN JILORE WARD.

the state Government and/or 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
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basis.
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3.9 AFirms 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. Atenderer 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 QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 4.10, a tender 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
3.1 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.
3.2 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 ofcontract.Application for exemptionfromthe Competition
Authority of Kenya may be accessed from the website www.cak.go.ke
3.3 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
RevenueAuthority.
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.
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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 Entity against all liability arising from death or personal injury, loss
of or damage to property, and any other losses and expenses incurred as a result of the
inspection.
5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary
description of the proposed work method and schedule, including charts, as necessary or
required.
B. Contents of Tender Documents

[{"role": "3.9 AFirms and individuals may be ineligible if their countries of origin (a) as a matter of law", "registration_body": "NCA"}]

[{"equipment_type": "2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordance with ITT 3.6 Forms ELI \u2013 1.1 and 1.2,"}, {"equipment_type": "Conflict of Interest No conflicts of interest in accordance with ITT 3.3 Form of Tender"}, {"equipment_type": "State- owned Meets conditions of ITT 3.7 Forms ELI \u2013 1.1 and 1.2,", "ownership_requirement": "Owned"}, {"equipment_type": "Goods, equipment and To have their origin in any country that is not Forms ELI \u2013 1.1 and 1.2,"}, {"equipment_type": "History of Non- Non-performance of a contract did not occur as a Form CON-2"}, {"equipment_type": "8 Suspension Based on Not under suspension based on-execution of a Form of Tender"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "Average Annual Minimum average annual construction turnover Form FIN \u2013 3.2"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "General Construction Experience under construction contracts in the 4. Form EXP \u2013 4.1"}]