TENDER FOR PROVISION OF STAFF CvMS AND PROFESSIONAL TRAINING SERVICES FOR KENGEN (OPEN NATIONAL) (FRAMEWORK CONTRACT FOR THREE YEARS)

SECTION I -INSTRUCTIONS TO TENDERERS
A. General
1. Scope of Tender
1.1 This tendering document is for the delivery of Non-Consulting Services, as specified in Section V,
Procuring Entity's Requirements. The name, identification and number of this tender are specified in
the TDS.
2. Throughout this tendering document:
2.1 The terms:
a) The term “in writing” means communicated in written form (e.g., by mail, e-mail, fax, including if
specified in the TDS, distributed or received through the electronic- procurement system used
by the Procuring Entity) with proof of receipt;
b) if the contexts or esquires, “singular” means “plural” and vice versa; and
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 Procuring Entity. It excludes the Procuring Entity's official
public holidays.
2.2 The successful Tenderer will be expected to complete the performance of the Services by the Intended
Completion Date provided in the TDS.
3. Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset
Disposal Act, 2015 (the Act), Section 62 “Declaration not to engage in corruption”. The tender
submitted by a person shall include a declaration that the person shall not engage in any corrupt or
fraudulent practice and a declaration that the person or his or her sub-contractors are not debarred
from participating in public procurement proceedings.
3.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010, regarding
collusive practices in contracting. Any tenderer found to have engaged in collusive conduct shall be
disqualified and criminal and/or civil sanctions may be imposed. To this effect, Tenders shall be
required to complete and sign the “Certificate of Independent Tender Determination” annexed to
the Form of Tender.
3.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require that
the firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender. To that end, the Procuring Entity shall
indicate in the TDS and make available to all the firms together with this tender document all
Information that would in that respect gives such firm any unfair competitive advantage over
competing firms.
3.4 Unfair Competitive Advantage-Fairness and transparency in the tender process require that the Firms
or their Affiliates competing for a specific assignment do not derive a competitive advantage from
having provided consulting services related to this tender. The Procuring Entity shall indicate in the
TDS firms (if any) that provided consulting services for the contract being tendered for. The
Procuring Entity shall check whether the owners or controllers of the Tenderer are same as those
that provided consulting services. The Procuring Entity shall, upon request, make available to any
tenderer information that would give such firm unfair competitive advantage over competing firms.
4. Eligible Tenderers
Tender for Provision of Staff Capacity Development Programs and Professional Training Services for KenGen
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity or institution subject to ITT
4.6, or any combination of such entities 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 Form of intent. In the case of a
joint venture, all 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
Tendering process and, in the event the JV is awarded the Contract, during contract execution.
Members of a joint venture may not also make an individual tender, be a sub contract or in a separate
tender or be part of another joint venture for the purposes of the same Tender. The maximum
number of JV members shall be specified in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse in which they have a substantial or controlling interest shall not be
eligible to tender or be awarded contract. Public Officers are also not allowed to participate in any
procurement proceedings.
4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest
shall be disqualified. A Tenderer may be considered to have a conflict of interest for the purpose of
this Tendering process, if the Tenderer:
a Directly or indirectly controls, is controlled by or is under common control with another
Tenderer; or b Receives or has received any direct or indirect subsidy from another Tenderer; or
c has the same legal representative as another Tenderer; or
d has a relationship with another Tenderer, directly or through common third parties, that puts it in

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