Provision for Airtime Calling Cards (Safaricom, Airtel & Telkom)

90 administration, (ii) financially autonomous and not receiving any significant subsidies or budget support
91 from any public entity or Government, and (iii) operating under commercial law and vested with
92 legal rights and liabilities similar to any commercial enterprise to enable it compete with firms in
93 the private sector on an equal basis. Public employees and their close relatives are not eligible to
94 participate in the tender.
95 3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or official regulations,
96 Kenya prohibits commercial relations with that country, or(b) by an act of compliance with a decision
97 of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations,
98 Kenya prohibits any import of goods or contracting for supply of goods or services from that country,
99 or any payments to any country, person, or entity in that country. A tenderer shall provide such
100 documentary evidence of eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall
101 reasonably request.
102 3.10 Tenderers shall provide the qualification information statement that the tenderer (including all members
103 of a joint venture and subcontractors) is not associated, or have been associated in the past, directly
104 or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity
105 to provide consulting services for the preparation of the design, specifications, and other documents
106 to be used for the procurement of the goods under this Invitation for tenders.
5
107 3.11 Where the law requires tenderers to be registered with certain authorities in Kenya, such registration
108 requirements shall be defined in the TDS
109 3.12 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture undertakings
110 which may prevent, distort or lessen competition in provision of services are prohibited unless they
111 are exempt in accordance with the provisions of Section 25 of the Competition Act, 2010. JVs will
112 be required to seek for exemption from the Competition Authority. Exemption shall not be a condition
113 for tender, but it shall be a condition of contract award and signature. A JV tenderer shall be given
114 opportunity to seek such exemption as a condition of award and signature of contract. Application
115 for exemption from the Competition Authority of Kenya may be accessed from the website
116 www.cak.go.ke.
117 3.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a
118 current tax clearance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
119 4. Eligible Goods and Related Services
120 4.1 All the Goods and Related Services to be supplied under the Contract shall have their origin in any
121 country that is eligible in accordance with ITT 3.9.
122 4.2 For purposes of this ITT, the term “goods” includes commodities, raw material, machinery, equipment,
123 and industrial plants; and “related services” include services such as insurance, installation, training,
124 and initial maintenance.
125 4.3 The term “origin” means the country where the goods have been mined, grown, cultivated, produced,
126 manufactured or processed; or, through manufacture, processing, or assembly, another commercially
127 recognized article results that differs substantially in its basic characteristics from its components.
128 4.4 A procuring entity shall ensure that the items listed below shall be sourced from Kenya and there
129 shall be no substitutions from foreign sources. The affected items are:
130 a) motor vehicles, plant and equipment which are assembled in Kenya;
131 b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel, cement,
132 leather, agro-processed products, sanitary products, and other goods made in Kenya; or
133 c) goods manufactured, mined, extracted or grown in Kenya.
134 4.5 Any goods, works and production processes with characteristics that have been declared by the
135 relevant national environmental protection agency or by other competent authority as harmful to
136 human beings and to the environment shall not be eligible for procurement.
137 5. Sections of Tendering Document
138 5.1 The tendering document consist of Parts 1, 2, and 3, which include all the sections indicated below,
139 and should be read in conjunction with any Addenda issued in accordance with ITT8.
140 PART 1: Tendering Procedures
141 i) Section I - Instructions to Tenderers (ITT)
142 ii) Section II - Tendering Data Sheet (TDS)
143 iii) Section III - Evaluation and Qualification Criteria

[]

[{"equipment_type": "a) motor vehicles, plant and equipment which are assembled in Kenya;"}, {"equipment_type": "leather, agro-processed products, sanitary products, and other goods made in Kenya; or"}, {"equipment_type": "c) goods manufactured, mined, extracted or grown in Kenya.", "ownership_requirement": "Owned"}, {"equipment_type": "relevant national environmental protection agency or by other competent authority as harmful to"}, {"equipment_type": "and should be read in conjunction with any Addenda issued in accordance with ITT8."}, {"equipment_type": "PART 1: Tendering Procedures"}, {"equipment_type": "ii) Section II - Tendering Data Sheet (TDS)"}, {"equipment_type": "iv) Section IV - Tendering Forms"}, {"equipment_type": "PART 2: Supply Requirements"}]