SPECIALLY PERMITTED PROCUREMENT PROCEDURE

SECTION I - INSTRUCTIONS TO TENDERERS
1. Scope of Tender:
This tendering document is for the delivery of Treatment for Services Not
Available in Kenya to Beneficiaries of the Social Health Authority, Public Officer
Medical Scheme Fund Beneficiaries and Beneficiaries under any other Fund
administered by the Social Health Authority.
2. Throughout this document:
2.1 The terms:
a) The term “in writing” means communicated in written form (e.g. by mail,
e-mail, fax, distributed or received through the electronic- procurement
system or electronic contracting platform used by the Authority) with
proof of receipt.
b) If the context so requires, “singular” means “plural” and vice versa.
c) “Beneficiary” includes a Beneficiary under any Fund administered by the
Social Health Authority.
d) “Day” means calendar day, unless otherwise specified as “Business Day”.
A Business Day is any day that is an official working day of the Authority.
It excludes the Authority’s official public holidays.
e) The terms “SHA” and “the Authority” mean the Social Health Authority
established by the Social Health Insurance Act No.16 of 2023 and where
the context so requires includes its successors and assigns.
f) “Contract” means the General and Specific Conditions of the Agreement
executed between a successful tenderer and the Social Health Authority
to provide healthcare services to Beneficiaries.
g) “Country of Registration” means the country of nationality of the tenderer
for purposes of Clauses 4 (Eligibility) and 8 (Currencies of Tender and
Payment)
h) “Public Officer Medical Scheme Beneficiary” means a Beneficiary under
the Public Officer Medical Scheme Fund established by the Public Officer
Medical Scheme Fund Regulations, 2024
i) “Social Health Authority Beneficiary” means a Beneficiary under the
Social Health Insurance Fund established by the Social Health Insurance
Act, No.16 of 2023.
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3. Fraud and Corruption:
3.1 The Social Health Authority requires compliance with the provisions of the
Public Procurement and Asset Disposal Act, 2015 (the Act) of the Laws of
Kenya, 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 Social Health Authority requires compliance with the provisions of the
Competition Act Cap. 504 of the Laws of Kenya, 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.
3.4 Anti-Money Laundering and Terrorist Financing – the Tenderer shall declare
when submitting their application that they have complied with all relevant
laws and regulations applicable to the prevention of money laundering and
terrorist financing. If a tenderer is found to have submitted a false declaration
or to have committed a breach of such laws or regulations the tenderer will
be automatically disqualified and where a contract had been signed the
contract shall be terminated.
4. Eligible Tenderers
4.1 A Tenderer shall be a healthcare provider outside Kenya.
4.2 Public Officers, their Spouses, Child(ren), Parent(s), Siblings, the spouse’s
Child(ren), Parent(s), Brother(s), or Sister(s) in which they have a substantial or
controlling interest shall not be eligible to tender or be awarded contract
either directly or through proxies. 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:
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a Directly or indirectly controls, is controlled by, or is under common control
with another Tenderer;
b Receives or has received any direct or indirect subsidy from another
Tenderer;
c Has any of its affiliates participating as a consultant in the preparation of
the Procuring Entity's requirements (including Activities Schedules,
Performance Specifications and Drawings) for the Services that are the
subject of the Tender;
d Any of its affiliates has been hired (or is proposed to be hired) by the
Social Health Authority for the Contract implementation; or
e Has a close business or family relationship with a professional staff of the
Authority.
4.4 A Tenderer may have the nationality of any country.
4.5 Tenderers may be ineligible if:
a) as a matter of law or official regulations, Kenya prohibits commercial

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