CLIMATE RESILIENCE MIKEU BOREHOLE EQUIPPING IN GETA WARD

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 basis.
3.9 Firms and individuals shall be ineligible if their countries of origin are:
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.
A tenderer 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, local subcontracts and labor) from citizen suppliers and contractors. To this
end, a foreign tenderer shall provide inits 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 “SECTION III-EVALUATION AND QUALIFICATION
CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT4.10, 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 citizens. JVs are considered as foreign tenderers
if the individual member firms are not registered in Kenya or if are registered in Kenya and
have less than 51 percent ownership by Kenyan citizens. The JV shall not subcontract to
foreign firms more than 10 percent of the contract price, excluding provisional sums.
3.12 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.
3.13 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
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
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contract award and signature. A JV tenderer shall be given opportunity to seek such
exemption as a condition of award and signature of contract. Application for exemption
from the Competition Authority of Kenya may be accessed from the website
www.cak.go.ke.
3.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled
his/her tax obligations by producing a valid tax compliance or valid tax certificate issued by
the Kenya Revenue Authority.
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 ineligible under ITT3.9. 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.
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
and inspect 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 up on 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

[{"role": "the relevant national environmental protection agency or by other competent authority as", "registration_body": "ISK"}]

[{"equipment_type": "2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordance with ITT 3.6 Forms ELI \u2013 1.1 and"}, {"equipment_type": "Conflict of Interest No conflicts of interest in accordance with ITT 3.3 Form of Tender"}, {"equipment_type": "State- owned Enterprise Meets conditions of ITT 3.8 Forms ELI \u2013 1.1 and", "ownership_requirement": "Owned"}, {"equipment_type": "Goods, equipment and services To have their origin in any country that is not determined Forms ELI \u2013 1.1 and"}, {"equipment_type": "History of Non- Performing Non-performance of a contract did not occur as a result of Form CON-2"}, {"equipment_type": "Suspension Based on Execution of Not under suspension based on-execution of a Tender/Proposal Form of Tender"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "Average Annual Construction Minimum average annual construction turnover of Kenya Form FIN \u2013 3.2"}, {"equipment_type": "General Construction Experience Experience under construction contracts in the role of prime Form EXP \u2013 4.1"}, {"equipment_type": "Specific Construction & Contract A minimum number of [state the number] similar contracts Form EXP 4.2(a)"}]