SUPPLY AND DELIVERY OF ASSORTED TREE SEEDLINGS

entity of the state Government and/or 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. Public employees and their close relatives are not eligible to
participate in the tender.
3.9 Tenderers 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 for
supply of goods 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 Tenderers shall provide the qualification information statement that the
tenderer (including all members of a joint venture and subcontractors) is not
associated, or have been associated in the past, directly or indirectly, with a
firm or any of its affiliates which have been engaged by the Procuring entity
to provide consulting servicesfor the preparation of the design, specifications,
and other documents to be used for the procurement of the goods under this
Invitation for tenders.
3.11 Where the law requires tenderers to be registered with certain authorities in
Kenya, such registration requirements shall be defined in the TDS
3.12 The Competition Act of Kenya requires that firms wishing to tender as Joint
8
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.
3.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax
obligations by producing a current tax clearance certificate or tax exemption
certificate issued by the Kenya Revenue Authority.
4. EligibleGoodsandRelatedServices
4.1 All the Goods and Related Services to be supplied under the Contract shall
have their origin in any country that is eligible in accordance with ITT 3.9.
4.2 For purposes of this ITT, the term “goods” includes commodities, raw
material, machinery, equipment, and industrial plants; and “related services”
include services such as insurance, installation, training, and initial
maintenance.
4.3 The term “origin” means the country where the goods have been mined,
grown, cultivated, produced, manufactured or processed; or, through
manufacture, processing, or assembly, another commercially recognized article
results that differs substantially in its basic characteristics from its
components.
4.4 A procuring entity shall ensure that the items listed below shall be sourced
from Kenya and there shall be no substitutions from foreign sources. The
affected items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication
technology, steel, cement, leather, agro-processed products, sanitary
products, and other goods made in Kenya; or
c) goodsmanufactured,mined,extractedor grown in Kenya.
4.5 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. SectionsofTenderingDocument
5.1 The tendering document consist of Parts 1, 2, and 3, which include all the
sections indicated below, and should be read in conjunction with any
Addenda issued in accordance with ITT8.
PART1: TenderingProcedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tendering Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria

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