PROVISION OF MAINTENANCE SERVICE FOR VARIANT REFRIGERANT FLOW( VRF) AIR CONDITIONERS AT KISUMU AND MOMBASA BRANCHES FOR CENTRAL BANK OF KENYA

SECTION I - INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Maintenance Services, as specified in Section VII, Procuring
Entity's Requirements. The name, identification and number of lots (contracts) of this ITT procurement are
specified in the TDS.
2. Definitions
2.1 Throughout this tendering document:
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 context so requires, “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 contract.
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 Act2 010, 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 give such firm any unfair competitive advantage over competing firms.
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 the contract being tendered for. 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.
3.5 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub-
consultants, service providers, suppliers, and their personnel, to permit the 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.
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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 an association or subcontracting arrangement or 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 any and all the
members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during
contract execution. 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, 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

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[{"equipment_type": "E Add any other items"}, {"equipment_type": "FORM EQU: EQUIPMENT", "ownership_requirement": "Owned"}]