PROPOSED SOLARIZATION WORKS FOR SELECTED COUNTY FACILITIES THROUGH A POWER PURCHASE AGREEMENT (PPA) MODEL

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.
3.9 A Firms and individuals 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 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,
subcontracts and labor) from national suppliers and contractors. To this end, a foreign tenderer shall provide in
its 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 in for this purpose is be provided in “SECTION III - EVALUATION AND
QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 4.10, 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
2
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 provide evidence of having fulfilled his/her tax obligations by producing a valid tax
clearance certificate or tax exemption 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
eligible under ITT 3.9. 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 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 upon
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

[{"role": "environmental protection agency or by other competent authority as harmful to human beings and to the", "registration_body": "ISK"}]

[{"equipment_type": "2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordance with ITT 3.6 Forms ELI \u2013 1.1 and 1.2, with"}, {"equipment_type": "Conflict of Interest No conflicts of interest in accordance with ITT 3.3 Form of Tender"}, {"equipment_type": "State- owned Enterprise Meets conditions of ITT 3.7 Forms ELI \u2013 1.1 and 1.2, with", "ownership_requirement": "Owned"}, {"equipment_type": "Goods, equipment and To have their origin in any country that is not determined Forms ELI \u2013 1.1 and 1.2, with"}, {"equipment_type": "History of Non- Non-performance of a contract did not occur as a result of Form CON-2"}, {"equipment_type": "Suspension Based on Not under suspension based on execution of a Tender/Proposal Form of Tender"}, {"equipment_type": "2 3 4 5"}, {"equipment_type": "Average Annual Minimum average annual construction turnover of Kenya Shillings Form FIN \u2013 3.2"}, {"equipment_type": "General Construction Experience under solar works contracts in the role of prime 4. Form EXP \u2013 4.1"}, {"equipment_type": "Specific Construction & A minimum number of [2] similar contracts specified below that Form EXP 4.2(a)"}]