TENDER FOR COCNSTRUCTION OF PERIMETER WALL AT KCNP KWALE CAMPUS

Section I - Instructions to Bidders (ITB) 5
Section I - Instructions to Bidders
Contents
Section I - Instructions to Bidders (ITB)… 6
Section I - Instructions to Bidders (ITB) 7
Section I - Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice - Request for
Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer,
as specified in the BDS, issues this bidding document for the
provision of Works as specified in Section VII, Works’
Requirements. The name, identification and number of lots
(contracts) of this RFB are specified in the BDS.
1.2 Throughout this bidding document:
(a) the term “in writing” means communicated in written form
(e.g. by mail, e-mail, and fax, including if specified in the
BDS, distributed or received through the electronic-
procurement system used by the Employer) with proof of
receipt;
(b) if the context so requires, “singular” means “plural” and vice
versa;
(c) “Day” means calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an official
working day of the Borrower. It excludes the Borrower’s
official public holidays;
(d) “ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA), and Sexual Harassment (SH));
(e) “Sexual Exploitation and Abuse” “(SEA)” means the
following:
“Sexual Exploitation” is defined as any actual or attempted
abuse of position of vulnerability, differential power or trust,
for sexual purposes, including, but not limited to, profiting
monetarily, socially or politically from the sexual
exploitation of another;
“Sexual Abuse” is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force or
under unequal or coercive conditions;
(f) “Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
(g) “Contractor’s Personnel” is as defined in Sub- Clause 1 (ii)
of the General Conditions of Contract; and
Section I - Instructions to Bidders (ITB)… 8
(h) “Employer’s personnel” is as defined in GCC Sub-Clause 1
(nn) of the General Conditions of Contract.
A non-exhaustive list of (i) behaviors which constitute SEA and (ii)
behaviors which constitute SH is attached to the Code of Conduct
form in Section IV.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)
specified in the BDS has received or has applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International Development
Association (hereinafter called “the Bank”) in an amount specified
in the BDS, toward the project named in the BDS. The Borrower
intends to apply a portion of the funds to eligible payments under
the contract(s) for which this bidding document is issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject, in all
respects, to the terms and conditions of the Loan (or other financing)
Agreement. The Loan (or other financing) Agreement prohibits a
withdrawal from the loan account for the purpose of any payment to
persons or entities, or for any import of goods, equipment, plant, or
materials, if such payment or import is prohibited by a decision of
the United Nations Security Council taken under Chapter VII of the
Charter of the United Nations. No party other than the Borrower
shall derive any rights from the Loan (or other financing)
Agreement or have any claim to the proceeds of the Loan (or other
financing).
3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as
set forth in the WBG’s Sanctions Framework, as set forth in Section
VI.
3.2 In further pursuance of this policy, bidders shall permit and shall
cause their agents (where declared or not), subcontractors, sub
consultants, service providers, suppliers, and personnel, to permit
the Bank to inspect all accounts, records and other documents
relating to any initial selection process, prequalification process, bid
submission, proposal submission, and contract performance (in the
case of award), and to have them audited by auditors appointed by
the Bank.
4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, or a state-owned
enterprise or institution, subject to ITB 4.6, or any combination of
them 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
Section I - Instructions to Bidders (ITB) 9
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 Bidding process and, in the event the JV is awarded the

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[{"equipment_type": "2 Multiple Contracts-Not Applicable"}]