PROCUREMENT FOR THE PROPOSED BONOKO BRIDGE TO CONNECT NYAKI EAST WARD AND MWANGATHIA WARD, IN IMENTI NORTH AND IMENTI CENTRAL SUB-COUNTIES.

public administration, (ii) financially autonomous and not receiving any significant subsidies or budget support
fromanypublicentityorGovernment,and(iii)operatingundercommerciallawandvestedwithlegalrightsand
liabilities similar to any commercial enterprise to enable it compete with firms in the private sector on an equal
basis.
3.9 AFirmsandindividualsmaybeineligibleiftheircountriesoforigin(a)asamatteroflaworofficialregulations,
Kenya prohibits commercial relations with that country, or (b) by an act of compliance with a decision of the
UnitedNations Security Counciltaken underChapterVIIof the Charterofthe United Nations, Kenya prohibits
any import of goods or contracting of works or services from that country, or any payments to any country,
person,orentityinthatcountry.Atenderershallprovidesuchdocumentaryevidenceofeligibilitysatisfactoryto
theProcuringEntity,astheProcuringEntityshallreasonablyrequest.
3.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in supplies,
subcontractsandlabor)fromnationalsuppliersandcontractors.Tothisend,aforeigntenderershallprovideinits
tender documentary evidence that this requirement is met. Foreign tenderers not meeting this criterion will be
automaticallydisqualified.InformationrequiredtoenabletheProcuringEntitydetermineifthisconditionismet
shall be provided in for this purpose is be provided in “SECTION III - EVALUATIONAND QUALIFICATION
CRITERIA,Item9”.
3.11 Pursuant to the eligibility requirements of ITT4.10, a tender is considered a foreign tenderer, if the tenderer is
notregisteredinKenyaorifthetendererisregisteredinKenyaandhaslessthan51percentownershipbyKenyan
2
Citizens. JVs are considered as foreign tenderers if the individual member firms are not registered in Kenya or if
areregisteredinKenyaandhavelessthan51percentownershipbyKenyancitizens.TheJVshallnotsubcontract
toforeignfirmsmorethan10percentofthecontractprice,excludingprovisionalsums.
3.12 The National Construction Authority Act of Kenya requires that all local and foreign contractors beregistered
withtheNationalConstructionAuthorityandbeissuedwithaRegistrationCertificatebeforetheycanundertake
any construction works in Kenya. Registration shall not be a condition for tender, but it shall be a condition of
contract award and signature.Aselected tenderer shall be given opportunity to register before such award and
signature of contract.Application for registration with National ConstructionAuthority may be accessed from
thewebsitewww.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 CompetitionAuthority.Exemptionshallnotbeaconditionfortender,butitshallbea
conditionofcontractaward and signature. A JV tenderer shall be given opportunity to seek such exemption as a
condition of award and signatureofcontract.ApplicationforexemptionfromtheCompetitionAuthorityofKenya
maybeaccessedfrom thewebsitewww.cak.go.ke
3.14 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a valid tax
clearancecertificateortaxexemptioncertificateissuedbytheKenyaRevenueAuthority.
4. EligibleGoods,Equipment,andServices
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'sResponsibilities
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
incurred as a result of the 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.

[{"role": "4.3 FORM CON \u2013 2", "experience_years": 1}]

[{"equipment_type": "2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordance with ITT 3.6 Forms ELI \u2013 1.1 and 1.2,"}, {"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,", "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,"}, {"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": "1 2 3 4 5"}, {"equipment_type": "Average Annual Minimum average annual construction turnover of Kenya Form FIN \u2013 3.2"}, {"equipment_type": "General Construction Experience under construction contracts in the role of prime 4. Form EXP \u2013 4.1"}, {"equipment_type": "Specific Construction & A minimum number of [three] similar contracts specified below Form EXP 4.2(a) Award a maximum score of"}, {"equipment_type": "1 2 3 4 5"}]