ON CALL PLUMBING SERVICES CONTRACT FOR KENYA RE COMMERCIAL PROPERTIES

(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 o tfhe United Nations, Kenya prohibitasn y 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, sub-
contracts, 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 to 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 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 the 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 the 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.
7
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 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

[{"role": "percent of the contract price, excluding provisional sums.", "registration_body": "NCA"}]

[{"equipment_type": "An Original tender security of Kshs. 150,000.00 in the form specified"}, {"equipment_type": "Attach the price schedule as part of the form of tender."}, {"equipment_type": "in Mechanical Engineering/ Plumbing Works"}, {"equipment_type": "Evidence of current physical location of office (business permit, utility", "ownership_requirement": "Owned"}, {"equipment_type": "Duly filled, signed, and stamped \u2013 Confidential Business"}, {"equipment_type": "Duly filled, signed, and stamped form SD1"}, {"equipment_type": "Duly filled, signed, and stamped form SD2"}, {"equipment_type": "Properly bound (spiral or perfect cover, hard copy or case bound)"}]