Addendum Two12th May 2026

the tax amounts provided by the Consultant in Form FIN-2 of the Consultant’s Financial
Proposal.
39.1 and 39.2 [The Agriculture and Food Authority, depending on the source of funds and tax exemptions
already granted by the Government, shall decide whether the Consultant (i) should be
exempted from local tax, or (ii) should be reimbursed by the Agriculture and Food Authority
for any such tax they might have to pay (or that the Agriculture and Food Authority would pay
such tax on behalf of the Consultant]
The Agriculture and Food Authority warrants that [choose one applicable option consistent
with the ITC 16.3 and the outcome of the Contract’s negotiations (Form FIN-2]
If ITC16.3 indicates a tax exemption status, include the following: “the Consultant, the Sub-
consultants, and the Experts shall be exempt
OR
If ITC16.3 does not indicate the exemption and, depending on whether the Agriculture and
Food Authority shall pay the withholding tax or the Consultant has to pay, include the
following:
“the Agriculture and Food Authority shall pay on behalf of the Consultant, the Sub-
consultants and the Experts,” OR “the Agriculture and Food Authority shall reimburse the
Consultant, the Sub-consultants and the Experts”]
any taxes, duties, fees, levies and other impositions imposed, under the applicable law in the
Agriculture and Food Authority’s country, on the Consultant, the Sub-consultants and the
Experts in respect of:
(a) any payments whatsoever made to the Consultant, Sub-consultants and the Experts
(other than nationals or permanent residents of Kenya), in connection with the carrying out
of the Services;
(b) any equipment, materials and supplies brought into Kenya by the Consultant or Sub-
consultants for the purpose of carrying out the Services and which, after having been brought
into such territories, will be subsequently withdrawn by them;
(c) any equipment imported for the purpose of carrying out the Services and paid for out
of funds provided by the Agriculture and Food Authority and which is treated as property of
the Agriculture and Food Authority;
(d) any property brought into Kenya by the Consultant, any Sub-consultants or the
Experts (other than nationals or permanent residents of Kenya), or the eligible dependents of
such experts for their personal use and which will subsequently be withdrawn by them upon
their respective departure from the Agriculture and Food Authority’s country, provided that:
(i) the Consultant, Sub-consultants and experts shall follow the usual customs procedures of
Kenya in importing property into Kenya; and
(ii) if the Consultant, Sub-consultants or Experts do not withdraw but dispose of any property
in the Agriculture and Food Authority’s country upon which customs duties and taxes have
been exempted, the Consultant, Sub-consultants or Experts, as the case may be, (a) shall bear
such customs duties and taxes in conformity with the regulations of Kenya, or (b) shall
reimburse them to the Agriculture and Food Authority if they were paid by the Agriculture
and Food Authority at the time the property in question was brought into the Agriculture and
Food Authority’s country.
4
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
40.2 The payment schedule:
1st payment: Thirty (40) percent of the total Contract price, and the currency. If the first
payment is an advance payment, it shall be made against the bank guarantee for the same
amount as per GCC 41.2.1]. E.g., “Twenty (20) percent of the lump sum contract price shall be
paid upon submission and approval of the Inception Report
2nd payment: Example: Thirty (30) percent of the lumpsum Contract Price shall be paid upon
submission of an acceptable Draft Report.
3rd and Final Payment: Example: Thirty (30) percent of the lumpsum Contract Price shall be
paid upon submission and approval of the Final Report.
Every Payment shall be subject to (i) submission to the Agriculture and Food Authority of the
prerequisite Report and/or payment request documents, and, (ii) approval and acceptance of
the said reports and documents by the Agriculture and Food Authority]
40.2.1 [The advance payment could be in either the foreign currency, or the local currency, or both;
select the correct wording in the Clause here below. The advance bank payment guarantee
should be in the same currency(ies)]
The following provisions shall apply to the advance payment and the advance bank payment
guarantee:
(1) An advance payment 20% of the contract price shall be made within [30] days after
the receipt of an advance bank payment guarantee by the Agriculture and Food Authority.
The advance payment will be set off by the Agriculture and Food Authority in equal portions
against [list the payments against which the advance is offset].
(2) The advance bank payment guarantee shall be in the 20% of the contract price and
in the Kenyan shillings currency (ies) of the advance payment.
(3) The bank guarantee will be released when the advance payment has been fully set off.
40.2.4 The accounts are: shall be agreed after the award

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