TENDER FOR REFURBISHMENT OF SONDU MIRIU POWER STATION REGIONAL OFFICE BLOCK

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;
(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 sub-contracts and labor) from citizen 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 for this purpose in “SECTIONI
II - EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
3.11 Pursuant to the eligibility requirements of ITT 3.10, a tender is considered a foreign tenderer, If it is
registered in Kenya and has less than 51 percent ownership by nationals of Kenya and if it does not
subcontract to foreign firms or individuals more than 10 percent of the contract price, excluding
provisional sums. JVs are considered as foreign tenderers if the individual member firms registered in
Kenya have less 51 percent ownership by nationals of Kenya. 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 be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing valid tax compliance certificate or tax exemption certificate issued by the
Kenya Revenue Authority.
4.0 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 ITT 3.9. At the Procuring Entity's request, Tenderers may be required to
7
TENDER FOR REFURBISHMENT OF SONDU MIRIU POWER STATION REGIONAL OFFICE BLOCK
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.
5.0 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 beat 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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