PROPOSED CONSTRUCTION OF 1 NO. ECDE CLASSROOM AND 3 NO PIT LATRINE AT BUGAA PRIMARY SCHOOLS IN ELGON WARD WARD

ii) financially autonomous and not receiving any significant subsidies or budget support from any
publicentityorGovernment,and;
(iii) operating under commercial law and vested with legal rights and liabilities similar to any commercial
enterprisetoenableitcompetewithfirmsintheprivatesectoronanequalbasis.
3.9 Firmsandindividualsshallbeineligibleiftheircountriesoforiginare:
(a) Asamatteroflaworofficialregulations,Kenyaprohibitscommercialrelationswiththatcountry;
(b) Byanactofcompliancewitha decisionoftheUnitedNationsSecurityCounciltakenunderChapter
VII of the Charter of the United Nations, Kenya prohibits any import of goods or contracting of
worksorservicesfromthatcountry,oranypaymentstoanycountry,person,orentityinthatcountry.
AtenderershallprovidesuchdocumentaryevidenceofeligibilitysatisfactorytotheProcuringEntity,as
theProcuringEntityshallreasonablyrequest.
3.10 Foreign tenderers are required tosource 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 Pursuanttotheeligibilityrequirements ofITT3.10,a tenderisconsideredaforeigntenderer,If itisregistered
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
foreigntenderersiftheindividualmemberfirmsregisteredinKenyahaveless51percentownershipbynationalsof
Kenya. The JV shall not subcontract to foreign firms more than 10 percent of the contract price, excluding
provisionalsums.
3.12 The National Construction Authority Act of Kenya requires that all local and foreign contractors be
registeredwiththe National ConstructionAuthority andbe 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
Authoritymaybeaccessedfromthewebsitewww.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 CompetitionAct, 2010. JVs will be required to seek for
exemption from the CompetitionAuthority. Exemption shall not be a condition for tender, but it shall be a
condition of contract award and signature.AJV tenderer shall be given opportunity to seek such exemption
asa conditionofawardandsignatureofcontract.ApplicationforexemptionfromtheCompetitionAuthority
ofKenyamaybeaccessedfromthewebsitewww.cak.go.ke.
4.14AKenyan 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 Eligiblegoods,equipment,andservices
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
evidenceoftheoriginofGoods,equipmentandservices.
3
4.2 Any goods, works and production processes with characteristics that have been declared by the relevant
nationalenvironmentalprotectionagencyorbyothercompetentauthorityasharmfultohumanbeingsandto
theenvironmentshallnotbeeligibleforprocurement.
5.0 Tenderer'sresponsibilities
5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her tender, and the
ProcuringEntitywillinnocaseberesponsibleorliableforthosecosts.
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 enteringinto a contract for construction of theWorks.The costs of visitingthe Site shall beat the
tenderer'sownexpense.
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 suchvisit.TheTenderer shall indemnify the Procuring Entity
againstallliabilityarisingfromdeathorpersonalinjury,lossofordamagetoproperty,andanyotherlosses
andexpensesincurredasaresultoftheexaminationandinspection.
5.4 The tenderer shall provide intheForm ofTender andQualification Information, a preliminarydescriptionof the

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