PREQUALIFICATION FOR SUPPLIERS FOR PROVISION OF CHARTERED HELICOPTER SERVICES-Updated

PREQUALIFICATION FOR SUPPLIERS FOR PROVISION OF CHARTERED HELICOPTER SERVICES-Updated

SECTION I - INSTRUCTIONS TO APPLICANTS (ITA)
A. General
1. Scope of Application
1.1 The name of the Procuring Entity inviting for applications is defined in the PDS. The particular type of
contract (works, goods or Non-Consulting Services required) and its name and description of the contract(s)
and its reference number are defined in the PDS. If the scope of contract so defined is in multiple contracts, it
will be specified in the PDS if prequalification will be based on individual contracts or multiple contracts. The
Full scope of Works or Goods or Non-Consulting Services are described in Section V (Scope of Works or
goods contract).
2. Source of Funds to be specified in the PDS, if deemed necessary.
3. Fraud and Corruption
3.1 The Government of Kenya requires compliance with its Anti-Corruption laws and its prevailing sanctions
policies and procedures.
3.2 In further pursuance of this policy, Applicants shall permit and shall cause their agents (where declared or
not), subcontractors, sub consultants, service providers, suppliers, and their personnel, to permit the Public
Procurement Regulatory Authority (PPRA) to inspect all accounts, records and other documents relating to
any initial selection process, prequalification process, tender submission(incase prequalified),proposal
submission, and contract performance (in the case of award), and to have them audited by auditors appointed
by the PPRA.
4 Collusive practices
4.1 The Procuring Entity requires compliance with the provisions of the Competition Act 2010, regarding collusive
practices in contracting. Any applicant found to have engaged in collusive conduct shall be disqualified and
criminal and/or civil sanctions may be imposed. To this effect, applicants shall be required to complete and sign
a Certificate of Independent Tender Determination” annexed to the Form of applicant.
5 Eligible Applicants
5.1 Applicants shall meet the eligibility criteria as per this ITA and ITA 5.1and 5.2. An Applicant may be a firm that
is a private entity, a state-owned enterprise or institution subject to ITA 5.9 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 letter 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 prequalification process, tendering (in the event the JV submits a Tender) and during
contract execution (in the event the JV is awarded the Contract). Members of a joint venture may not also make
an individual tender, be a subcontractor 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 PDS.
5.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent, Brother
or Sister of a Spouse, their business associates or agents and firms/organizations in which they have a
substantial or controlling interest shall not be eligible to be prequalified. Public Officers with such relatives are
also not allowed to participate in any procurement proceedings.
5.3 A firm may apply for prequalification both individually, and as part of a joint venture, or participate as a
subcontractor. If prequalified, it will not be permitted to tender for the same contract both as an individual firm
and as a part of the joint venture or as a subcontractor. However, a firm may participate as a subcontractor in
more than one Tender, but only in that capacity. Tenders submitted in violation of this procedure will be rejected.
5.4 A firm and any of its affiliates (that directly or indirectly control, are controlled by or are under common control
with that firm) may submit its application for prequalification either individually, as joint venture or as a
subcontractor among them for the same contract. However, if prequalified, only one prequalified Applicant will
be allowed to tender for the. All Tenders submitted in violation of this procedure will be rejected.
5.5 An Applicant may have the nationality of any country, subject to the restrictions pursuant to ITA 5.1 and 5.2.
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An Applicant shall be deemed to have the nationality of a country if the Applicant is constituted, incorporated
or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of constitution or association) and its registration documents,
as the case may be. sub-contractors or suppliers for any part of the Contract including related Non-Consulting
Services.
5.6 Applicants shall not have a conflict of interest. Applicants shall be considered to have a conflict of interest, if
they, or any of their affiliates, participated as a consultant in the preparation of the design or technical

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