PROVISION OF REPAIR, SERVICE AND MAINTENANCE OF DIESEL GENERATOR SETS FOR KENYA RE COMMERCIAL BUILDINGS

SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
2. This tendering document is for the delivery of Maintenance Services, as specified in Section V, Procuring
Entity's Requirements. The name, identification and number of lots (contracts) of this ITT procurement are
specified in the TDS.
Throughout this tendering document:
2.1 The terms:
a) The term “in writing” means communicated in written form (e.g., by mail, e-mail, fax,
including if specified in the TDS, distributed or received through the electronic-
procurement system used by the Procuring Entity) with proof of receipt.
b) if the contexts or esquires, “singular” means “plural” and vice versa; and
c) “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 the Procuring
Entity's official public holidays.
2.2 The successful Tenderer will be expected to complete the performance of the Services by the
Intended Completion Date provided in the TDS.
3. Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and
Asset Disposal Act, 2015 (the Act), 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 and/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 this tender. To
that end, the Procuring Entity shall indicate in the TDS and make available to all the firms
together with this tender document all Information that would in that respect gives such
firm any unfair competitive advantage over competing firms.
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3.4 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. The Procuring
Entity shall indicate in the TDS firms (if any) that provided consulting services for the contract
being tendered for. The Procuring Entity shall check whether the owners or controllers of
the Tenderer are same as those that provided consulting services. The Procuring Entity shall,
upon request, make available to any tenderer information that would give such firm unfair
competitive advantage over competing firms.
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4. Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity or institution subject to ITT 4.6,
or any combination of such entities in the form of a Joint Venture (JV) under an existing agreement
or with the intent to enter into such an agreement supported by a Form of intent. In the case of a
joint venture, all members shall be jointly and severally liable for the execution of the entire Contract
in accordance with the Contract terms. The JV shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of all the members of the JV during the Tendering
process and, in the event the JV is awarded the Contract, during contract execution. Members of a
joint venture may not also make an individual tender, be a subcontract or in a separate tender or be
part of another joint venture for the purposes of the same Tender. The maximum number of JV
members shall be specified in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother, or Sister of a Spouse in which they have a substantial or controlling interest shall not be
eligible to tender or be awarded 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:
a Directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
b Receives or has received any direct or indirect subsidy from another Tenderer; or
c has the same legal representative as another Tenderer; or
d has a relationship with another Tenderer, directly or through common third parties, that puts it
in a position to influence the Tender of another Tenderer, or influence the decisions of the

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