EXPRESSION OF INTEREST (EOI) FOR SHORTLISTING OF SUPPLIERS FOR THE SUPPLY AND DISTRIBUTION OF 200ML PASTEURIZED, BRANDED LONG-LIFE MILK TO VARIOUS ECDE CENTRES IN KISII COUNTY UNDER A TWO (2) YEAR FRAMEWORK AGREEMENT

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 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), subService Providers, 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 subService Provider 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
subService Provider. 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 subService Provider. However, a firm may participate
as a subService Provider 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 subService Provider 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.
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5.5 An Applicant may have the nationality of any country, subject to the restrictions pursuant to ITA 5.1 and 5.2.
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-Service Providers 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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