Stream catchment Conservation at Wakhungu and Nayema for climate change Adaptation and Mitigation

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.
3.9 Firms and individuals shall be ineligible if their countries of origin are:
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 of works 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 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, local subcontracts and labor) from citizen suppliers and contractors. To this end, a foreign
tenderer shall provide inits tender documentary evidence that this requirement is met. Foreign
tenderers not meeting this criterion will be automatically disqualified. Information required to
enable the Procuring Entity determine if this condition is met shall be provided for this purpose in
“SECTION III-EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
4
3.11 Pursuant to the eligibility requirements of ITT4.10, a tender is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than 51
percent ownership by Kenyan citizens. JVs are considered as foreign tenderers if the individual
member firms are not registered in Kenya or if are registered in Kenya and have less than 51 percent
ownership by Kenyan citizens. The JV shall not subcontract to foreign firms more than 10 percent
of the contract price, excluding provisional sums.
3.12 The National Construction Authority Act of Kenya requires that all local and foreign contractors
be registered with the National Construction Authority and be issued with a Registration Certificate
before they can undertake any construction works in Kenya. Registration shall not be a condition
for tender, but it shall be a condition of contract award and signature. A selected tenderer shall be
given opportunity to register before such award and signature of contract. Application for
registration with National Construction Authority may be accessed from the website
www.nca.go.ke.
3.13 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.
3.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing a valid tax compliance or valid tax certificate issued by the Kenya
Revenue Authority.
4. Eligible Goods, Equipment, and Services
4.1 Goods, equipment and services to be supplied under the Contract may have their origin in any
country that is not ineligible under ITT3.9. At the Procuring Entity's request, Tenderers may be
required to provide evidence of the origin of Goods, equipment and services.
4.2 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. Tenderer's Responsibilities
5.1 The tenderer shall bear all costs associated with the preparation and submission of his/her tender,
and the Procuring Entity will in no case be responsible or liable for those costs.
5.2 The tenderer, at the tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the Site of the Works and its surroundings and obtain all information that may be necessary
for preparing the tender and entering into a contract for construction of the Works. The costs of
visiting the Site shall be at the tenderer's own expense.
5.3 The Tenderer and any of its personnel or agents will be granted permission by the Procuring Entity
to enter up on its premises and lands for the purpose of such visit. The Tenderer shall indemnify the
Procuring Entity against all liability arising from death or personal injury, loss of or damage to
property, and any other losses and expenses incurred as a result of the examination and inspection.

[{"role": "relevant national environmental protection agency or by other competent authority as harmful to", "registration_body": "ISK"}]

[{"equipment_type": "E Add any other items"}, {"equipment_type": "3. FORMEQU: EQUIPMENT", "ownership_requirement": "Owned"}, {"equipment_type": "4. FORMPER-1"}]