TENDER FOR SUPPLY, INSTALLATION AND COMMISSIONING OF SANG’ORO COOLING WATER SYSTEM

Government and/or public administration, (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
TENDER FOR SUPPLY, INSTALLATION AND COMMISSIONING OF SANG’ORO COOLING WATER SYSTEM 6
enable it compete with firms in the private sector on an equal basis.
3.9 A Firms and individuals may be ineligible if their countries of origin (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, 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”.
3.11 Pursuant to the eligibility requirements of ITT 4.10, 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
3.14 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by
producing a valid tax clearance certificate or tax exemption 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 eligible under ITT 3.9. 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 the Site
of the Works and its surroundings and obtain all information that may be necessary for preparing the
TENDER FOR SUPPLY, INSTALLATION AND COMMISSIONING OF SANG’ORO COOLING WATER SYSTEM 7
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 upon its premises and lands for the purpose of such visit. The Tenderer shall indemnify the

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