PROPOSED KATEIKO-KALIKONI ROAD STRUCTURES (DRIFT &CULVERTS)

ii) financially autonomous and not receiving any significant subsidies or budget support from any public entity
11
or Government, and;
(iii) operating under commercial law and vested with legal rights and liabilities
similar to any commercial
enterprisetoenableitcompetewithfirmsintheprivatesectoronanequalbasis.
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) byanactofcompliancewith a decision of the United Nations Security Council taken under Chapter VII
of theCharterof 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.
12
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.
4.14 A kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing valid tax compliance certificate or tax exemption certificate issued by the Kenya
13
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
14
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.
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 again stall liability arising from death or personal injury, loss of or damage to property,

[{"role": "be responsible or liable for those costs.", "registration_body": "ISK"}]

[{"equipment_type": "1 2 3 4 5"}, {"equipment_type": "Nationality Nationality in accordance with ITT 3.6 Forms ELI \u2013 1.1 and"}, {"equipment_type": "Tax Obligations Has produced a current tax clearance"}, {"equipment_type": "Conflict of Interest No conflicts of interest in accordance with Form of Tender"}, {"equipment_type": "State- owned Meets conditions of ITT 3.8 Forms ELI \u2013 1.1 and", "ownership_requirement": "Owned"}, {"equipment_type": "Goods, equipment"}, {"equipment_type": "History of Non- Non-performance of a contract did not Form CON-2"}, {"equipment_type": "Suspension Based Not under suspension based on-execution"}, {"equipment_type": "Financial"}, {"equipment_type": "requirements estimated as Kenya Shillings"}, {"equipment_type": "Average Annual Minimum average annual construction Form FIN \u2013 3.2"}, {"equipment_type": "year] years, divided by [insert number of"}, {"equipment_type": "General Experience under construction contracts in"}, {"equipment_type": "Specific A minimum number of [state the number]"}, {"equipment_type": "[In case the Works are to be tender as"}]