Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
10. Interested and eligible bidders having challenges uploading their tender documents in the Integrated Financial Management Information System (IFMIS) Supplier Portal may obtain assistance from the IFMIS helpdesk on 0800721477/0202480180 at the National treasury 11. 12. The addresses referred to above are: A. Addressfor obtaining further information and for purchasingtender documents 1) Countygovernment of Machakos, Department of Transport & Roads (1) Physicaladdress for hand Courier Delivery to an offi ce or Tender Box (City, Street Name, Building, Floor Number and Room) – N/A (2) P.O Box 1996-90100 (3) Supply Chain Management offices 1 B. Address for Submission of Tenders (Online through IFMISSupplierPortal). (1) Name of Procuring Entity (2) Postal Address (include designation to be attentional) (3) Physicaladdress forhand Courier Delivery to an offi ce or Tender Box (City, Street Name, Building, Floor Number and Room) C. Addressfor Opening of Tenders (Unsealingthrough IFMIS Portal). (1) Name of Procuring Entity (2) Physicaladdress forthe location (City, Street Name, Building, Floor Number and Room) [AuthorizedOfficial (name, designation, Signature and date)] Name (Official of the Procuring Entityissuing the invitation) Designation Signature Date PART 1 - TENDERING PROCEDURES SECTIONI-INSTRUCTIONS TOTENDERERS A GENERALPROVISIONS 1. Sope of Tender 1.1 The Procuring Entity as defi ned in the Appendix to Conditions of Contract invites tenders for Works Contract as described in the tender documents. The name, identifi cation, and number of lots (contracts) of this Tender Document are specifi ed in the TDS. 2. Fraudand Corruption 2.1 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. 2.2 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 disqualifi ed and criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be required to complete and sign the “Certifi cate of Independent Tender Determination” annexed to the Form of Tender. 2.3 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, pre-qualifi cation 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. 2.4 Unfair Competitive Advantage -Fairness and transparency in the tender process require that the fi rms or their Affi liates competing for a specifi c 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 Data Sheet and make available to all the fi rms together with this tender document all information that would in that respect give such fi rm any unfair competitive advantage over competing fi rms. 3. Eligible Tenderers 3.1 A Tenderer may be a fi rm that is a private entity, a state-owned enterprise or institution subject to ITT 3.8, or an individual 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 letter 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. Members of a joint venture may not also make an individual tender, be a subcontractor in a separate tender or be part of another joint venture for the purposes of the same Tender. The maximum number of JV members shall be specifi ed in the TDS. 3.2 Public Offi cers 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 fi rms/organizations in which they have a substantial or controlling interest shall not be eligible to tender or be awarded a contract. Public Offi cers are also not allowed to participate in any procurement proceedings. 3.3 A Tenderer shall not have a confl ict of interest. Any tenderer found to have a confl ict of interest shall be disqualifi ed. A tenderer may be considered to have a confl ict of interest for the purpose of this
“SECTION III-EVALUATION ANDQUALIFICATION CRITERIA, Item 9”. 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 fi rms 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 fi rms 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 Certifi cate 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 fi rms 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. 4.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfi lled his/her tax obligations by producing a valid tax compliance or valid tax certifi cate issued by the Kenya Revenue Authority. 4. Eligible Goods, Equipment, andServices 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. 5.4 The tenderer shall provide in the Form of Tender and Qualification Information, a preliminary description of the proposed work method and schedule, including charts, as necessary or required. B. CONTENTS OF TENDER DOCUMENTS 6. Sections of Tender Document 4 6.1 The tender document consists of Parts 1, 2, and 3, which includes all the sections specifi ed below, and which should be read in conjunction with any Addenda issued in accordance with ITT10. PART 1: Tendering Procedures Section I: Instructions to
[{"role": "national environmental protection agency or by other competent authority as harmful to human beings", "registration_body": "ISK"}][{"equipment_type": "Bitumen distributer 1"}, {"equipment_type": "Paver 1"}, {"equipment_type": "Pneumatic tyred 1", "min_quantity": 1}, {"equipment_type": "Tippers 3"}, {"equipment_type": "Transport lorry 1"}, {"equipment_type": "Water tankers 1"}, {"equipment_type": "Sheep foot roller( 1"}, {"equipment_type": "Tonnes"}, {"equipment_type": "Smooth Drum 1"}, {"equipment_type": "Hand Roller 1"}, {"equipment_type": "Grader (150-160 1"}, {"equipment_type": "Tractor dozers with 1"}, {"equipment_type": "Excavators\u2013 1m3 1"}, {"equipment_type": "Pulver Mixer 1"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordancewith ITT 3.6 Forms ELI\u2013 1.1"}, {"equipment_type": "TaxObligations Has produced a current tax clearance Attachment"}, {"equipment_type": "Conflict No conflicts ofinterest in accordance with ITT Form of Tender"}, {"equipment_type": "State-owned Meets conditions of ITT 3.8 Forms ELI\u2013 1.1", "ownership_requirement": "Owned"}, {"equipment_type": "Goods, To have theirorigin in anycountrythat is FormsELI\u2013 1.1"}, {"equipment_type": "Historyof Non-performance of a contract did not Form CON-2", "min_quantity": 2}, {"equipment_type": "Suspension Not undersuspensionbased on-execution of a Form of Tender"}, {"equipment_type": "Pendin Tender\u2019s financial position and prospective Form CON \u2013 2"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "Average Annual Minimum average annual construction Form FIN \u2013 3.2"}, {"equipment_type": "General Experience underconstruction contracts in the Form EXP \u2013 4.1"}, {"equipment_type": "Specific A minimum number of 3 similar contracts Form EXP 4.2(a)"}, {"equipment_type": "1 2 3 4 5", "ownership_requirement": "Owned"}]