SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF MEDICAL EQUIPMENT FOR WAJIR COUNTY REFERRAL HOSPITAL AND TARBAJ SUB-COUNTY HOSPITAL

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”. A Business 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 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.
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 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.
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 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. Eligible Tenderers
3.1 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 enter into such an agreement supported by a letter of intent. Public employees
and their close relatives (spouses, children, brothers, sisters and uncles and aunts) are not eligible to
participate in the tender.
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.
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 allowed to participate in any procurement proceedings.
3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest shall
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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 - representative or ownership 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 goods 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 or
Procuring Entity for the Contract implementation; or
g) 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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