Auto-extracted from the official tender document
Minimum financial criteria bidders must meet
4. All Tenders must be accompanied by a Tender Security of KES 100,000.00. from financial institutions recognized by Central Bank of Kenya valid for 150 days. 5. Tenders will be opened immediately after the deadline date and time specified above or any deadline date and time specified later. Tenders will be publicly opened in the presence of the Tenderers' designated representatives who choose to attend at the address below. 6. Late tenders will be rejected. 7. The addresses referred to above are: A. Address for obtaining further information and for purchasing tender documents. 1. Tendering entity: Kenya Literature Bureau 2. Tender documents to be obtained free of charge from KLB website (www.klb.co.ke) or www.tenders.go.ke. 3. For further information contact the Supply Chain department via email: supplies@klb.co.ke, Tel: 254 20 3541196/7 . vi a. Address for Submission of Tenders. i. Kenya Literature Bureau ii. P. O. Box 30022-00100 Nairobi, Kenya. Attention: Managing Director iii. To be dropped in the Tender box placed at the Reception KLB Head Office, located in South C Off Popo Road, KLB Road b. Address for Opening of Tenders. i. Kenya Literature Bureau ii. KLB Head Office, located in South C Off Popo Road, KLB Road Name: GEORGE OKEYO Designation: Managing Director viii PART 1 - TENDERING PROCEDURES SECTION I -INSTRUCTIONS TO TENDERERS A. General 1. Scope of Tender 1.1 In connection with the Invitation to Tender (ITT), specified in the Tender Data Sheet (TDS), the Procuring Entity, issues this Tendering document for the Design, Supply and Installation of Plant and equipment as specified in Section VII, Procuring Entity's Requirements. 2. Definitions 2.1 Throughout this Tender 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; and c) “Day” means calendar day, unless otherwise specified as “Business Day.” A Business Day is any day that is an official working day in Kenya. It excludes the Kenya's official public holidays. 3. Fraud and Corruption 3.1 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. 3.2 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 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. 3.3 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. 3.4 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub consultants, service providers, suppliers, and their personnel, to permit the Procuring Entity to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, tender submission, proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Procuring Entity. 4. Eligible Tenderers 4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject to ITT 4.6, 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 Form 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 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. 4.2 Public Officers of the Procuring Entity and their relatives (i.e. spouse, child, parent, brother or sister and a child, parent, brother or sister of a spouse) their business associates or agents and firms/organizations in which
SECTION I -INSTRUCTIONS TO TENDERERS A. General 1. Scope of Tender 1.1 In connection with the Invitation to Tender (ITT), specified in the Tender Data Sheet (TDS), the Procuring Entity, issues this Tendering document for the Design, Supply and Installation of Plant and equipment as specified in Section VII, Procuring Entity's Requirements. 2. Definitions 2.1 Throughout this Tender 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; and c) “Day” means calendar day, unless otherwise specified as “Business Day.” A Business Day is any day that is an official working day in Kenya. It excludes the Kenya's official public holidays. 3. Fraud and Corruption 3.1 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. 3.2 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 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. 3.3 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. 3.4 Tenderers shall permit and shall cause their agents (where declared or not), subcontractors, sub consultants, service providers, suppliers, and their personnel, to permit the Procuring Entity to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, tender submission, proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Procuring Entity. 4. Eligible Tenderers 4.1 A Tenderer may be a firm that is a private entity, a state-owned enterprise or institution subject to ITT 4.6, 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 Form 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 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. 4.2 Public Officers of the Procuring Entity and their relatives (i.e. spouse, child, parent, brother or sister and a 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. 1 4.3 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 Procuring Entity regarding this Tendering process; or e) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Plant and Installation Services that are the subject of the Tender; or f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as Project Manager for the Contract implementation; or
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