PURCHASE OF 67-SEATER SEMI-LUXURY BUS AT THE KISUMU NATIONAL POLYTECHNIC

public administration, (ii) financially autonomous and not receiving any significant subsidies or
budget support from any public entity or Government, and (iii) operating under commercial law
and vested with legal rights and liabilities similar to any commercial enterprise to enable it
compete with firms in the private sector on an equal basis. Public employees and their close
relatives are not eligible to participate in the tender.
3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or official
regulations, Kenya prohibits commercial relations with that country, or(b) by an act of compliance
with a decision of the United Nations Security Council taken under Chapter VII of the Charter of
the United Nations, Kenya prohibits any import of goods or contracting for supply of goods or
services from that country, or any payments to any country, person, or entity in that country. A
tenderer shall provide such documentary evidence of eligibility satisfactory to the Procuring Entity,
as the Procuring Entity shall reasonably request.
3.10 Tenderers shall provide the qualification information statement that the tenderer (including all
members of a joint venture and subcontractors) is not associated, or have been associated in the
past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the
Procuring entity to provide consulting servicesfor the preparation of the design, specifications, and
other documents to be used for the procurement of the goods under this Invitation for tenders.
3.11 Where the law requires tenderers to be registered with certain authorities in Kenya, such
registration requirements shall be defined in the TDS
3.12 The Competition Act of Kenya requires that firms wishing to tender as Joint Venture undertakings
which may prevent, distort or lessen competition in provision of services are prohibited unless they
are exempt in accordance with the provisions of Section 25 of the Competition Act, 2010. JVs will
be required to seek for exemption from the Competition Authority. Exemption shall not be a
condition for tender, but it shall be a condition of contract award and signature. A JV tenderer
shall be given opportunity to seek such exemption as a condition of award and signature of
contract. Application for exemption from the Competition Authority of Kenya may be accessed
from the website www.cak.go.ke.
3.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a
current tax clearance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
4. EligibleGoodsandRelatedServices
4.1 All the Goods and Related Services to be supplied under the Contract shall have their origin in
any country that is eligible in accordance with ITT 3.9.
4.2 For purposes of this ITT, the term “goods” includes commodities, raw material, machinery,
equipment, and industrial plants; and “related services” include services such as insurance,
installation, training, and initial maintenance.
4.3 The term “origin” means the country where the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, through manufacture, processing, or assembly, another
commercially recognized article results that differs substantially in its basic characteristics from its
components.
4.4 A procuring entity shall ensure that the items listed below shall be sourced from Kenya and there
shall be no substitutions from foreign sources. The affected items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel, cement,
leather, agro-processed products, sanitary products, and other goods made in Kenya; or
c) goodsmanufactured,mined,extractedor grown in Kenya.
4.5 Any goods, works and production processes with characteristics that have been declared by the
relevant national environmental protection agency or by other competent authority as harmful to
human beings and to the environment shall not be eligible for procurement.
5. SectionsofTenderingDocument
5.1 The tendering document consist of Parts 1, 2, and 3, which include all the sections indicated below,
and should be read in conjunction with any Addenda issued in accordance with ITT8.
PART1: TenderingProcedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tendering Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria

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