CLIMATE RESILIENCE KIAMBURURU BOREHOLE WATER PROJECT – KANJUIRI WARD

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”.
3.11 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.
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3.14 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 expenses incurred as a result of the examination

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