PROCUREMENT OF TRANSFER PRICING DATABASE FOR THE INTERNATIONAL TAX OFFICE FOR A PERIOD OF THREE (3) YEARS.

legally and financially autonomous (ii) operate under commercial law, and (iii) are not
under supervision of the KRA.
4.8 Firms and individuals may be ineligible if (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 of works or services from that country, or any payments to any country,
person, or entity in that country.
4.9 The KRA may require tenderers to be registered with certain authorities in Kenya.
Such registration shall be defined in the TDS, but care must be taken to ensure such
registration requirement does not discourage competition, nor exclude competent
tenderers. Registration shall not be a condition for tender, but where a selected
tenderer is not so registered, the tenderer shall be given opportunity to register before
signing of the contract.
4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract
inputs (in supplies, subcontracts and labor) from national 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
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automatically disqualified. Information required to enable the KRA determine if this
condition is met shall be provided in for this purpose is be provided in “SECTION III-
EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
4.11 Pursuant to the eligibility requirements of ITT 4.11, a tenderer is considered a foreign
tenderer, if it is registered in Kenya, has less than 51 percent ownership by nationals
of Kenya and if it does not subcontract foreign contractors more than 10 percent of
the contract price, excluding provisional sums. JVs are considered as foreign
tenderers if the individual member firms are registered in Kenya have less than 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.
4.12 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
4.13 Tenderers shall be considered ineligible for procurement if they offer 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.
4.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled
his/her tax obligations by producing a valid tax compliance certificate or tax
exemption certificate issued by the Kenya Revenue Authority.
5 Eligible Goods and Services
5.1 The Information Systems to be supplied under the Contract may have their origin in
any eligible country.
5.2 For the purposes of this tendering document, the term “Information System” means
all:
i. the required information technologies, including all information processing and
communications-related hardware, software, supplies, and consumable items
that the Supplier is required to supply and install under the Contract, plus all
associated documentation, and all other materials and goods to be supplied,
installed, integrated, and made operational; and
ii. the related software development, transportation, insurance, installation,
customization, integration, commissioning, training, technical support,
maintenance, repair, and other services necessary for proper operation of the
Information System to be provided by the selected Tenderer and as specified in
the Contract.
5.3 For purposes of ITT 5.1 above, “origin” means the place where the goods and services
making the Information System are produced in or supplied from. An Information
System is deemed to be produced in a certain country when, in the territory of that
country, through software development, manufacturing, or substantial and major
assembly or integration of components, a commercially recognized product results
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that is substantially different in basic characteristics or in purpose or utility from its
components.
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 under this Act.

[]

[{"equipment_type": "Personnel"}, {"equipment_type": "Subcontractors/vendors/manufacturers"}, {"equipment_type": "FORM OF TENDER", "min_quantity": 2, "ownership_requirement": "Owned"}]