TENDER FOR DREDGING, DESILTING, REMOVAL OF HIPPO GRASS, ROADS AND GABION WORKS ACROSS KENGEN POWER STATIONS (FRAMEWORK CONTRACT FOR THREE (3) YEARS

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.
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TENDER FOR DREDGING, DESILTING, REMOVAL OF HIPPO GRASS, ROADS AND GABION WORKS ACROSS KENGEN POWER STATIONS
(FRAMEWORK CONTRACT FOR THREE (3) YEARS
3.9 Firms and individuals shall be ineligible if their countries of origin are:
(a) As a matter of law or official regulations, Kenya prohibits commercial
relations with that country;
(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 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, local sub-contracts and labor) from citizen
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 determine if this condition is met shall
be provided for this purpose in “SECTIONI II - EVALUATION AND
QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 3.10, a tender is considered a
foreign tenderer, If it is registered in Kenya and has less than 51 percent
ownership by nationals of Kenya and if it does not subcontract to foreign firms
or individuals more than 10 percent of the contract price, excluding
provisional sums. JVs are considered as foreign tenderers if the individual
member firms registered in Kenya have less 51 percent ownership by nationals
of Kenya. 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 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 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 be eligible to tender if it provides evidence of having
9
TENDER FOR DREDGING, DESILTING, REMOVAL OF HIPPO GRASS, ROADS AND GABION WORKS ACROSS KENGEN POWER STATIONS
(FRAMEWORK CONTRACT FOR THREE (3) YEARS
fulfilled his/her tax obligations by producing valid tax compliance certificate
or tax exemption certificate issued by the Kenya Revenue Authority.
4.0 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 ineligible 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.
5.0 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 and inspect 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 beat the tenderer's own expense.

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