TENDER FOR REHABILITATION OF ACCESS ROAD FOR MARSABIT WIND SITE PROJECT (Retender)

TENDER FOR REHABILITATION OF ACCESS ROAD FOR MARSABIT WIND SITE PROJECT (Retender)

SECTION I: INSTRUCTIONS TO TENDERERS
A General Provisions
1. Scope of Tender
1.1 The Procuring Entity as defined in the Appendix to Conditions of Contract invites tenders for Works
Contract as described in the tender documents. The name, identification, and number of lots
(contracts) of this Tender Document are specified in the TDS.
1.2 Throughout this tendering document:
a) The term ―in writing means communicated in written form (e.g. by mail, e-mail, fax, including
if specified in the TDS, distributed or received through the electronic-procurement system
used by the Procuring Entity) with proof of receipt;
b) if the context so requires, ―singular‖ means ―plural‖ and vice versa.
c)Day‖ means calendar day, unless otherwise specified as ―Business Day‖. A Business Day is any
day that is an official working day of the Procuring Entity. It excludes official public holidays.
2. Fraud and Corruption
2.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and Asset
Disposal Act, 2015, Section 62 “Declaration not to engage in corruption”. The tender submitted
by a person shall include a declaration that the person shall not engage in any corrupt or fraudulent
practice and a declaration that the person or his or her sub-contractors are not debarred from
participating in public procurement proceedings.
2.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contra cting. Any tenderer found to have engaged in collusive
conduct shall be disqualified and criminal and/or civil sanctions may be imposed. To this effect,
Tenders shall be required to complete and sign the “Certificate of Independent Tender
Determination” annexed to the Form of Tender.
2.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require that the
firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender. To that end, the Procuring Entity
shall indicate in the Data Sheet and make available to all the firms together with this tender
document all information that would in that respect give such firm any unfair competitive advantage
over competing firms.
2.4 Unfair Competitive Advantage -Fairness and transparency in the tender process require that the
Firms or their Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to this tender being tendered for. The Procuring
Entity shall indicate in the TDS firms (if any) that provided consulting services for the contract being
tendered for. The Procuring Entity shall check whether the owners or controllers of the Tenderer
are same as those that provided consulting services. The Procuring Entity shall, upon request, make
available to any tenderer information that would give such firm unfair competitive advantage over
competing firms.
3. Eligible Tenderers
3.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution
subject to ITT 3.7 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.
Public employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts) are
not eligible to participate in the tender. 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 tendering process and, in the event the JV is
Tender for Rehabilitation of Access Road for Marsabit Wind Project Site 6
awarded the Contract, during contract execution. The maximum number of JV members shall be
specified in the TDS.
3.2 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 tender or be awarded a
contract. Public Officers are also not allowed to participate in any procurement proceedings.
3.3 A Tenderer shall not have a conflict of interest. Any tenderer found to have a conflict of
interest shall be disqualified. A tenderer may be considered to have a conflict of interest for the
purpose of this tendering process, if the tenderer:
a) Directly or indirectly controls, is controlled by or is under common control with another
tenderer; or
b) Receives or has received any direct or indirect subsidy from another tenderer; or
c) Has the same legal representative as another tenderer; or
d) Has a relationship with another tenderer, directly or through common third parties, that puts
it in a position to influence the tender of another tenderer, or influence the decisions of the

[]

[]