PROVISION OF SUPPORT SCHOOL FEEDING PROGRAM FOR PUBLIC DAY SCHOOLS IN MOMBASA COUNTY THROUGH FRAMEWORK CONTRACTING FOR A PERIOD OF TWO YEARS.

SECTION I: INSTRUCTIONS TO TENDERERS
A. General Provisions
1. Scope of Tender
1.1 The Procuring Entity as defined in the TDS invites tenders for supply of goods and,
if applicable, any Related Services incidental thereto, as specified in Section V, Supply
Requirements. 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”. ABusiness 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 engagein 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 declarationthat 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 contracting. Any tenderer found to have engaged in collusive conduct
shall be disqualified and criminal and/or civilsanctions may be imposed. To this effect, Tenders shall
be required to completeand 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 relatedto this tender. To that end, the Procuring Entity shall
indicate in the Data Sheetand 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.
3. Eligible Tenderers
3.0 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution
subject to ITT3.7, or any combination of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enterinto such an agreement supported by a letter of intent.
Public employees and theirclose relatives (spouses, children, brothers, sisters and uncles and aunts)
are not eligible to participate in the tender.
3.1 In the case of a joint venture, all members shall be jointly and severally liable forthe execution of
the entire Contract in accordance with the Contract terms. The JVshall nominate a Representative
who shall have the authority to conduct all business
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for and on behalf of any and all the members of the JV during the Tendering process and, in the
event the JV is 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 allowedto participate in any procurement proceedings.
3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflictof 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:
3.3.1 directly or indirectly controls, is controlled by or is under common control withanother Tenderer;
or
3.3.2 receives or has received any direct or indirect subsidy from another Tenderer; or
3.3.3 has the same - representative or ownership as another Tenderer; or
3.3.4 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 influencethe decisions of the Procuring
Entity regarding this Tendering process; or
3.3.5 or any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the goods that are the subject of the Tender; or
3.3.6 or any of its affiliates has been hired (or is proposed to be hired) by the ProcuringEntity or Procuring
Entity for the Contract implementation; or
3.3.7 would be providing goods, works, or non-consulting services resulting from or directly related to
consulting services for the preparation or implementation of the project specified in the TDS ITT
1.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled

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