PURCHASE OF LAND IN HOMA-BAY TOWN BOUNDARY.

SECTION I -INSTRUCTIONS TO TENDERERS
A General Provisions
1. Scope of Tender
1.1 The Procuring Entity as define in the TDS invites tenders for offer for sale immovable property (ies)
(land or land and buildings) as specified in Section V, Schedule of Requirements. The name of the
Procuring Entity (the Procuring Entity), identification and reference number of this Tender Document
are specified in the TDS.
2. Definitions
2.1 Throughout this tendering document: the term “in writing” means communicated in written form (e.g.
by mail, e-mail, including if specified in the TDS, distributed or received through the electronic-
procurement system used by the Procuring Entity) with proof of receipt; if the context so requires,
“singular” means “plural” and vice versa; “Day” means calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an official working day of the Procuring Entity. It
excludes 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 land/or civil sanctions may be imposed. To this effect, Tenders 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 the assignment to this tender. To that end, the Procuring
Entity shall indicate in the Data Sheet and make available to all the firms together with this tender
document all information that would in that respect give such firm any un fair competitive advantage
over competing firms.
3.4 Tenderers shall permit and shall cause their agents (whether declared or not), subcontractors,
subconsultants, service providers, suppliers, and their personnel, to permit he 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, or a state-owned enterprise or institution. Tenderers
shall be the legal owner of the property being offered for sale and the property offered shall be legally
registered in their names. Tenderer shall provide evidence of such ownership and registration. A firm
that is a Tenderer can participate in more than one Tender, depending on the
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items being offered for sale.
4.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. 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:
i) Directly or in directly controls, is controlled by or is under common control with another
Tenderer;
ii) or
iii) receives or has received any direct or indirect subsidy from another Tenderer; or has the same –
representative or ownership as another Tenderer; or has a relationship with another Tenderer, directly or
through common third parties, that put sit in a position to influence the Tender of another Tenderer, or
influence the decisions of the Procuring Entity regarding this Tendering process; or
iv) any of its affiliates participated as a consultant in the preparation of the design nor technical
specifications of the works that are the subject of the Tender; or
v) any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity or Procuring Entity
for the Contract implementation; or vi) would be providing goods, works, or non-consulting services
resulting from or directly related to consulting services for the preparation or implementation of the
project specified in the ITT 2.1 that it provided or were provided by any affiliate that directly or indirectly

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