Proposed Construction of Nzeeu sumpwell-Kiangwa water supply project.

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.
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, 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.
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
subcontracts and labor) from citizen suppliers and contractors. To this end, a foreign tenderer shall provide
inits 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 “SECTION III-EVALUATION AND QUALIFICATION CRITERIA,
Item 9”.
3
3.11 Pursuant to the eligibility requirements of ITT4.10, a tender is considered a foreign tenderer, if the tenderer is
not registered in Kenya or if the tenderer is registered in Kenya and has less than 51 percent ownership by
Kenyan citizens. JVs are considered as foreign tenderers if the individual member firms are not registered in
Kenya or if are registered in Kenya and have less than 51 percent ownership by Kenyan citizens. 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 a valid tax compliance or valid tax certificate issued by the Kenya Revenue Authority.
4. 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 ITT3.9. 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. 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 be at 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 up
on its premises and lands for the purpose of such visit. The Tenderer shall indemnify the Procuring Entity against
all liability arising from death or personal injury, loss of or damage to property, and any other losses and

[{"role": "national environmental protection agency or by other competent authority as harmful to human beings and to", "registration_body": "ISK"}]

[{"equipment_type": "Major items of construction equipment proposed to carry out the 8", "ownership_requirement": "Owned"}, {"equipment_type": "Evidence of adequacy of working capital for this contract: 6"}, {"equipment_type": "Professional and equitable distribution of costing in the 9"}]