SUPPLY, CUSTOMIZATION, IMPLEMENTATION, TRAINING AND ROLLOUT OF AN AGRICULTURE AND FOOD INTEGRATED INFORMATION SYSTEM (AFIIS

awarded a Contract(s) only if they can establish that they (i) are legally and financially autonomous (ii)
operate under commercial law, and (iii) are not under supervision of the Procuring Entity.
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
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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 Procuring Entity 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 automatically disqualified. Information required to enable the Procuring Entity 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 that
is substantially different in basic characteristics or in purpose or utility from its components.
5.4 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

[]

[{"equipment_type": "2.1.1 Nationality Nationality in accordance with ITT 4.5. Form ELI \u20132.1.1 and"}, {"equipment_type": "2.1.2 Conflict of No- conflicts of interests as described in ITT 4.3. Form of Tender"}, {"equipment_type": "2.1.5 United Nations Not having been excluded as a result of prohibition in Kenya laws Form of Tender", "min_quantity": 5}, {"equipment_type": "History of non- Non-performance of a contract1 did not occur as a result of"}, {"equipment_type": "Suspension Not under suspension based on execution of a Tender Securing"}, {"equipment_type": "2.3.1 Historical Financial Submission of audited balance sheets or if not required by the law"}, {"equipment_type": "2.3.2 Average Annual Minimum average annual turnover of __________________ Kenya Form FIN \u20132.3.2"}]