TENDER FOR DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF EXCITATION SYSTEM

TENDER FOR DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF EXCITATION SYSTEM

SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 In connection with the Invitation to Tender (ITT), specified in the Tender Data Sheet (TDS), the
Procuring Entity issues this Tendering document for the Design, Supply and Installation of Plant and
equipment as specified in Section VII, Procuring Entity's Requirements.
2. Definitions
2.1 Throughout this Tender 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 in Kenya. It excludes the Kenya's 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 and/or civil sanctions may be imposed. To this effect,
Tenderers 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 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.
4. Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise 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 of this tender 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 and their relatives (i.e. spouse, child, parent, brother or sister
Tender for design, supply, installation and commissioning of excitation system
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and a 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:
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
Procuring Entity regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the Plant and Installation Services that are the subject of the Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as

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