REPUBLIC OF KENYA

COUNTY GOVERNMENT OF KAKAMEGA

MINISTRY OF EDUCATION, SCIENCE AND TECHNOLOGY

NEGOTIATION NUMBER: 1372477-2023/2024

TENDER DOCUMENT

FOR

SUPPLY AND DELIVERY OF ECDE FURNITURE

NEGOTIATION NUMBER: 1372477-2023/2024

SUBMISSION DEADLINE: WEDNESDAY 29th NOVEMBER 2023 AT 10:00AM

MANUAL SUBMISSIONS WILL NOT BE ACCEPTED

NOVEMBER, 2023
 INVITATION TO TENDER

The County Government of Kakamega invites sealed tenders for the SUPPLY AND DELIVERY OF
ECDE FURNITURE
1. SUPPLY AND DELIVERY OF ECD FURNITURE NEGOTIATION NUMBER -
1372477-2023/2024

2. Tendering will be conducted under open national competitive method using a standardized
tender document.

3. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents during office hours 0900-1700 at the address given below.

4. A complete set of detailed tender Document can be downloaded FREE OF CHARGE from the
website [Link] or the public procurement information portal
[Link] or on IFMIS Suppliers portal.

5. shall chronologically serialize all pages of the tender documents submitted.

6. Dully filled tenders must be delivered ONLINE through the IFMIS SUPPLIERS PORTAL on
or before 29TH SEPTEMBER 2023 by 10:00AM.

7. Tenders will be opened immediately after the deadline date and time specified above or
any dead line 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.

8. The addresses referred to above are:

ADDRESS FOR OBTAINING FURTHER INFORMATION

COUNTY GOVERNMENT OF KAKAMEGA
P.O BOX 36-50100
KAKAMEGA
2ND FLOOR, KOTECHA BUILDING

ATT: DIRECTOR, SUPPLY CHAIN MANAGEMENT

PART 1 - TENDERING PROCEDURES
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 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 by, or is under common control with that
firm; or has a close business or family relationship with a professional staff of the
Procuring Entity (or of the project implementing agency, who: (i) are directly or
indirectly involved in the preparation of the tendering document or specifications of the
Contract, and/or the Tender evaluation process of such Contract; or (ii) would be
involved in the implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner acceptable to the
Procuring Entity throughout the Tendering process and execution of the Contract.
3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or fraudulent
practice. A tenderer that is proven to have been involved in any of these practices shall be
automatically disqualified.
3.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit more
than one Tender, except for permitted alternative Tenders. This includes participation as a
subcontractor. Such participation shall result in the disqualification of all Tenders in which
the firm is involved. A firm that is not a Tenderer or a JV member, may participate as a
subcontractor in more than one Tender. Members of a joint venture may not also make an
individual tender, be a subcontractor in a separate tender or be part of another joint
venture for the purposes of the same Tender.
3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to
ITT3.9. A Tenderer shall be deemed to have the nationality of a country if the Tenderer
is constituted, incorporated or registered in and operates in conformity with the provisions
of the laws of that country, as evidenced by its articles of incorporation (or equivalent
documents of constitution or association) and its registration documents, as the case may
be. This criterion also shall apply to the determination of the nationality of proposed
subcontractors or sub consultants for any part of the Contract including related Services.
3.7 A Tenderer that has been debarred by the PPRA from participating in public procurement
shall be ineligible to tender or be awarded a contract. The list of debarred firms and
individuals is available from the PPRA's website [Link]
3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete and be
awarded a Contract(s) only if they are (i) a legal public entity of the state 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 enable it compete with firms in the private sector on an equal basis. Public
employees and their close relatives are not eligible to participate in the tender.
3.9 Tenderers 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 for supply of goods 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 Tenderers shall provide the qualification information statement that the tenderer (including
all members of a joint venture and subcontractors) is not associated, or have been
associated in the past, directly or indirectly, with a firm or any of its affiliates which have
been engaged by the Procuring entity to provide consulting services for the preparation of
the design, specifications, and other documents to be used for the procurement of the
goods under this Invitation for tenders.

3.11 Where the law requires tenderers to be registered with certain authorities in Kenya, such
registration requirements shall be defined in the TDS

3.12 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
[Link].

3.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by
producing a current tax clearance certificate or tax exemption certificate issued by the
Kenya Revenue Authority.

4. Eligible Goods and Related Services

4.1 All the Goods and Related Services to be supplied under the Contract shall have their
origin in any country that is eligible in accordance with ITT 3.9.

4.2 For purposes of this ITT, the term “goods” includes commodities, raw material, machinery,
equipment, and industrial plants; and “related services” include services such as insurance,
installation, training, and initial maintenance.

4.3 The term “origin” means the country where the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, through manufacture, processing, or assembly,
another commercially recognized article results that differs substantially in its basic
characteristics from its components.

4.4 A procuring entity shall ensure that the items listed below shall be sourced from Kenya
and there shall be no substitutions from foreign sources. The affected items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel,
cement, leather, agro-processed products, sanitary products, and other goods made in
Kenya; or
c) goods manufactured, mined, extracted or grown in Kenya.

4.5 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. Sections of Tendering Document

5.1 The tendering document consist of Parts 1, 2, and 3, which include all the sections
indicated below, and should be read in conjunction with any Addenda issued in accordance
with ITT8.

PART 1: Tendering Procedures

i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tendering Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

PART 3: Contract
vi) Section VI - General Conditions of Contract (GCC)

vii) Section VII - Special Conditions of Contract (SCC)

viii) Section VIII- Contract Forms

5.2 The notice of Invitation to Tender or the notice to the prequalified Tenderers issued by the
Procuring Entity is not part of the tendering document.

5.3 Unless obtained directly from the Procuring Entity, the Procuring Entity is not responsible
for the completeness of the document, responses to requests for clarification, the minutes of
the pre-tender meeting (if any), or addenda to the tendering document in accordance with
ITT7.

5.4 The Tenderer is expected to examine all instructions, forms, terms, and specifications in the
tendering document and to furnish with its Tender all information or documentation as is
required by the tendering document.

6. Clarification of Tendering Document

6.1 A Tenderer requiring any clarification of the Tender Document shall contact the Procuring
Entity in writing at the Procuring Entity's address specified in the TDS or raise its
enquiries during the pre-Tender meeting if provided for in accordance with ITT 6.4. The
Procuring Entity will respond in writing to any request for clarification, provided that such
request is received no later than the period specified in the TDS prior to the deadline for
submission of tenders. The Procuring Entity shall forward copies of its response to all
tenderers who have acquired the Tender documents in accordance with ITT 5.3, including
a description of the inquiry but without identifying its source. If so specified in the TDS,
the Procuring Entity shall also promptly publish its response at the web page identified in
the TDS. Should the clarification result in changes to the essential elements of the Tender
Documents, the Procuring Entity shall amend the Tender Documents following the
procedure under ITT 7.

6.2 The Procuring Entity shall specify in the TDS if a pre-tender conference will be held,
when and where. The Tenderer's designated representative is invited to attend a pre-Tender
meeting. The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.

6.3 The Tenderer is requested to submit any questions in writing, to reach the Procuring Entity
not later than the period specified in the TDS before the meeting.
6.4 Minutes of the pre-Tender meeting, if applicable, including the text of the questions asked
by Tenderers and the responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Tenderers who have acquired the Tender
Documents in accordance with ITT 6.3. Minutes shall not identify the source of the questions
asked.

6.5 The Procuring Entity shall also promptly publish anonymized (no names)Minutes of the
pre-Tender meeting at the web page identified in the TDS. Any modification to the Tender
Documents that may become necessary as a result of the pre-Tender meeting shall be
made by the Procuring Entity exclusively through the issue of an Addendum pursuant to
ITT 7 and not through the minutes of the pre-Tender meeting. Nonattendance at the pre-
Tender meeting will not be a cause for disqualification of a Tenderer.

7. Amendment of Tendering Document

7.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may
amend the tendering document by issuing addenda.

7.2 Any addendum issued shall be part of the tendering document and shall be communicated
in writing to all who have obtained the tender document from the Procuring Entity in
accordance with ITT 6.3. The Procuring Entity shall also promptly publish the addendum
on the Procuring Entity's web page in accordance with ITT 7.1.

7.3 To give prospective Tenderers reasonable time in which to take an addendum into account
in preparing their Tenders, the Procuring Entity may, at its discretion, extend the deadline
for the submission of Tenders, pursuant to ITT 21.2.
C. Preparation of Tenders

8. Cost of Tendering

8.1 The Tenderer shall bear all costs associated with the preparation and submission of its
Tender, and the Procuring Entity shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the Tendering process.

9. Language of Tender

9.1 The Tender, as well as all correspondence and documents relating to the Tender exchanged
by the Tenderer and the Procuring Entity, shall be written in English Language. Supporting
documents and printed literature that are part of the Tender may be in another language
provided they are accompanied by an accurate translation of the relevant passages into the
English Language, in which case, for purposes of interpretation of the Tender, such
translation shall govern.

10. Documents Comprising the Tender

10.1 The Tender shall comprise the following:

a) Form of Tender prepared in accordance with ITT11;
b) Price Schedules: completed in accordance with ITT 11 and ITT 13;
c) Tender Security or Tender-Securing Declaration, in accordance with ITT 18.1;
d) Alternative Tender: if permissible, in accordance with ITT12;
e) Authorization: written confirmation authorizing the signatory of the Tender to commit
the Tenderer, in accordance with ITT19.3;
f) Qualifications: documentary evidence in accordance with ITT 16.2 establishing the
Tenderer qualifications to perform the Contract if its Tender is accepted;
g) Tenderer Eligibility: documentary evidence in accordance with ITT16.1 establishing the
 Tenderer eligibility to tender;
h) Eligibility of Goods and Related Services: documentary evidence in accordance with
ITT 15, establishing the eligibility of the Goods and Related Services to be supplied
by the Tenderer;
i) Conformity: documentary evidence in accordance with ITT15.2 that the Goods and
Related Services conform to the tender document; and
j) any other document required in the TDS.

10.2 In addition to the requirements under ITT 10.1, Tenders submitted by a JV shall include a
copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of
intent to execute a Joint Venture Agreement in the event of a successful Tender shall be
signed by all members and submitted with the Tender, together with a copy of the
proposed Agreement.

10.3 The Tenderer shall furnish in the Form of Tender information on commissions gratuities,
and fees, if any, paid or to be paid to agents or any other party relating to this Tender.

11. Form of Tender and Price Schedules

11.1 The Form of Tender and Price Schedules shall be prepared using the relevant forms
furnished in Section IV, Tendering Forms. The forms must be completed without any
alterations to the text. All blank spaces shall be filled in with the information requested.
The Tenderer shall chronologically serialize pages of all tender documents submitted.

12. Alternative Tenders

12.1 Unless otherwise specified in the TDS, alternative Tenders shall not be considered.
13. Tender Prices and discounts

13.1 The prices quoted by the Tenderer in the Form of Tender and in the Price, Schedules
shall conform to the requirements specified below.

13.2 All lots (contracts) and items must be listed and priced separately in the Price Schedules.

13.3 The price to be quoted in the Form of Tender in accordance with ITT10.1 shall be the
total price of the Tender, including any discounts offered.

13.4 The Tenderer shall quote any discounts and indicate the methodology for their application
in the form of tender. Conditional discounts will be rejected.

13.5 Prices quoted by the Tenderer shall be fixed during the performance of the Contract and
not subject to variation on any account, unless otherwise specified in the TDS. A Tender
submitted with an adjustable price quotation shall be treated as non-responsive and shall be
rejected, pursuant to ITT 28. However, if in accordance with the TDS, prices quoted by
the Tenderer shall be subject to adjustment during the performance of the Contract, a
Tender submitted with a fixed price quotation shall not be rejected, but the price
adjustment shall be treated as zero.

13.6 If specified in ITT 1.1, Tenders are being invited for individual lots (contracts) or for any
combination of lots (packages). Unless otherwise specified in the TDS, prices quoted shall
correspond to 100 % of the items specified for each lot and to 100% of the quantities
specified for each item of a lot. Tenderers wishing to offer discounts for the award of
more than one Contract shall specify in their Tender the price reductions applicable to
each package, or alternatively, to individual Contracts within the package. Discounts shall
be submitted in accordance with ITT 13.4 provided the Tenders for all lots (contracts) are
opened at the same time.
13.7 The terms EXW, CIP, CIF, DDP and other similar terms shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International Chamber of
Commerce.

13.8 Prices shall be quoted as specified in each Price Schedule included in Section IV,
Tendering Forms. The disaggregation of price components is required solely for the purpose
of facilitating the comparison of Tenders by the Procuring Entity. This shall not in any
way limit the Procuring Entity's right to contract on any of the terms offered. In quoting
prices, the Tenderer shall be free to use transportation through carriers registered in any
eligible country. Similarly, the Tenderer may obtain insurance services from any eligible
country in accordance with ITT 3.6, Eligible Tenders. Prices shall be entered in the
following manner:
a) For Goods manufactured in Kenya:
I) the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex
showroom, or off-the- shelf, as applicable) final destination point indicated in the
TDS, including all customs duties and sales and other taxes already paid or
payable on the components and raw material used in the manufacture or
assembly of the Goods;
ii) any sales tax and other taxes which will be payable in Kenya on the Goods if
the Contract is awarded to the Tenderer; and
iii) the price for inland transportation, insurance, and other local services required to
convey the Goods to their final destination specified in the TDS.
b) For Goods manufactured outside Kenya, to be imported:
i) the price of the Goods, quoted CIP named place of destination, in Kenya, as
specified in the TDS;
ii) the price for inland transportation, insurance, and other local services required to
convey the Goods from the named place of destination to their final destination
specified in the TDS;
c) For Goods manufactured outside Kenya, already imported:
i) the price of the Goods, including the original import value of the Goods; plus,
any mark-up (or rebate); plus, any other related local cost, and custom duties
and other import taxes already paid or to be paid on the Goods already
imported;
ii) the custom duties and other import taxes already paid (need to be supported with
documentary evidence) or to be paid on the Goods already imported;
iii) any sales and other taxes levied in Kenya which will be payable on the Goods if
the Contract is awarded to the Tenderer; and
iv) the price for inland transportation, insurance, and other local services required to
convey the Goods from the named place of destination to their final destination
(Project Site) specified in the TDS.

d) for Related Services, other than inland transportation and other services required to
convey the Goods to their final destination, whenever such Related Services are
specified in the Schedule of Requirements, the price of each item comprising the
Related Services (inclusive of any applicable taxes).

14. Currencies of Tender and Payment

14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of
contract payments shall be the same.
14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may express
the Tender price in any currency, provided it shall use no more than two foreign
currencies in addition to the Kenya Shilling.
14.3 The rates of exchange to be used by the Tenderer shall be based on the exchange rates
provided by the Central Bank of Kenya on the date 30 days prior to the actual date of
tender opening.
15. Documents Establishing the Eligibility and Conformity of the Goods and Related Services
15.1 To establish the eligibility of the Goods and Related Services in accordance with ITT 15,
Tenderers shall complete the country of origin declarations in the Price Schedule Forms,
included in Section IV, Tendering Forms.
15.2 To establish the conformity of the Goods and Related Services to the tendering document,
the Tenderer shall furnish as part of its Tender the documentary evidence that the Goods
conform to the technical specifications and standards specified in Section VII, Schedule of
Requirements.
15.3 The documentary evidence may be in the form of literature, drawings or data, and shall
consist of a detailed item by item description of the essential technical and performance
characteristics of the Goods and Related Services, demonstrating substantial responsiveness
of the Goods and Related Services to the technical specification, and if applicable, a
statement of deviations and exceptions to the provisions of the Section VII, Schedule of
Requirements.
15.4 The Tenderer shall also furnish a list giving full particulars, including available sources and
current prices of spare parts, special tools, etc., necessary for the proper and continuing
functioning of the Goods during the period specified in the TDS following commencement
of the use of the goods by the Procuring Entity.
15.5 Standards for workmanship, process, material, and equipment, as well as references to
brand names or catalogue numbers specified by the Procuring Entity in the Schedule of
Requirements, are intended to be descriptive only and not restrictive. The Tenderer may
offer other standards of quality, brand names, and/or catalogue numbers, provided that it
demonstrates, to the Procuring Entity's satisfaction, that the substitutions ensure substantial
equivalence or are superior to those specified in the Section VII, Schedule of
Requirements.

16. Documents Establishing the Eligibility and Qualifications of the Tenderer

16.1 To establish Tenderer eligibility in accordance with ITT 4, Tenderers shall complete the
Form of Tender, included in Section IV, Tendering Forms.
16.2 The documentary evidence of the Tenderer qualifications to perform the Contract if its
Tender is accepted shall establish to the Procuring Entity's satisfaction:
a) that, if required in the TDS, a Tenderer that does not manufacture or produce the
Goods it offers to supply shall submit the Manufacturer's Authorization using the form
included in Section IV, Tendering Forms to demonstrate that it has been duly
authorized by the manufacturer or producer of the Goods to supply these Goods in
Kenya;
b) that, if required in the TDS, in case of a Tenderer not doing business within the
Kenya, the Tenderer is or will be (if awarded the Contract) represented by an Agent
in the country equipped and able to carry out the Supplier's maintenance, repair and
spare parts-stocking obligations prescribed in the Conditions of Contract and/or
Technical Specifications; and

c) that the Tenderer meets each of the qualification criterion specified in Section III,
Evaluation and Qualification Criteria.

17. Period of Validity of Tenders

17.1 Tenders shall remain valid for the Tender Validity period specified in the TDS. The
Tender Validity period starts from the date fixed for the Tender submission deadline (as
prescribed by the Procuring Entity in accordance with ITT 21.1). A Tender valid for a
shorter period shall be rejected by the Procuring Entity as non-responsive.

17.2 In exceptional circumstances, prior to the expiration of the Tender validity period, the
Procuring Entity may request Tenderers to extend the period of validity of their Tenders.
The request and the responses shall be made in writing. If a Tender Security is requested in
 accordance with ITT 18, it shall also be extended for a corresponding period. A Tenderer
may refuse the request without forfeiting its Tender Security. A Tenderer granting the request
shall not be required or permitted to modify its Tender, except as provided in ITT 17.3.

17.3 If the award is delayed by a period exceeding the number of days to be specified in the
TDS days beyond the expiry of the initial tender validity period, the Contract price shall
be determined as follows:
a) in the case of fixed price contracts, the Contract price shall be the tender price
adjusted by the factor specified in the TDS;
b) in the case of adjustable price contracts, no adjustment shall be made; or in any
case, tender evaluation shall be based on the tender price without taking into
consideration the applicable correction from those indicated above.

18. Tender Security

18.1 The Tenderer shall furnish as part of its Tender, either a Tender-Securing Declaration or a
Tender Security, as specified in the TDS, in original form and, in the case of a Tender
Security, in the amount and currency specified in the TDS.

18.2 A Tender Securing Declaration shall use the form included in Section IV, Tendering Forms.

18.3 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security shall be a
demand guarantee in any of the following forms at the Tenderer option:
i) cash;
ii) a bank guarantee;
iii) a guarantee by an insurance company registered and licensed by the Insurance
Regulatory Authority listed by the Authority; or
iv) a letter of credit; or
v) guarantee by a deposit taking micro-finance institution, Sacco society, the Youth
Enterprise Development Fund or the Women Enterprise Fund.

18.4 If an unconditional guarantee is issued by a non-Bank financial institution located outside

Kenya, the issuing non-Bank financial institution shall have a correspondent financial
institution located in Kenya to make it enforceable unless the Procuring Entity has agreed
in writing, prior to Tender submission, that a correspondent financial institution is not
required. In the case of a bank guarantee, the Tender Security shall be submitted either
using the Tender Security Form included in Section IV, Tendering Forms, or in another
substantially similar format approved by the Procuring Entity prior to Tender submission.
The Tender Security shall be valid for thirty
(30) days beyond the original validity period of the Tender, or beyond any period of
extension if requested under ITT 17.2.

18.5 If a Tender Security is specified pursuant to ITT 18.1, any Tender not accompanied by a
substantially responsive Tender Security shall be rejected by the Procuring Entity as non-
responsive.

18.6 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security of unsuccessful
Tenderers shall be returned as promptly as possible upon the successful Tenderer signing
the Contract and furnishing the Performance Security pursuant to ITT [Link] Procuring
Entity shall also promptly return the tender security to the tenderers where the procurement
proceedings are terminated, all tenders were determined non-responsive or a bidder declines
to extend tender validity period.
18.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible
once the successful Tenderer has signed the Contract and furnished the required
Performance Security.

18.8 The Tender Security may be forfeited or the Tender Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified by
 the Tenderer in the Form of Tender, or any extension thereto provided by the
Tenderer; or
b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 45; or
ii) Furnish a Performance Security in accordance with ITT 46.
18.9 Where tender securing declaration is executed, the Procuring Entity shall recommend to the
PPRA that PPRA debars the Tenderer from participating in public procurement as provided
in the law.
18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the
JV that submits the Tender. If the JV has not been legally constituted into a legally
enforceable JV at the time of Tendering, the Tender Security or Tender-Securing
Declaration shall be in the names of all future members as named in the letter of intent
referred to in ITT3.1 and ITT 10.2.
18.11 A tenderer shall not issue a tender security to guarantee itself.

19. Format and Signing of Tender

19.1 The Tenderer shall prepare one original of the documents comprising the Tender as
described in ITT 11 and clearly mark it “ORIGINAL.” Alternative Tenders, if permitted in
accordance with ITT 12, shall be clearly marked “ALTERNATIVE.” In addition, the
Tenderer shall submit copies of the Tender, in the number specified in the TDS and
clearly mark them “COPY.” In the event of any discrepancy between the original and the
copies, the original shall prevail.
19.2 Tenderers shall mark as “CONFIDENTIAL” information in their Tenders which is
confidential to their business. This may include proprietary information, trade secrets, or
commercial or financially sensitive information.
19.3 The original and all copies of the Tender shall be typed or written in indelible ink and
shall be signed by a person duly authorized to sign on behalf of the Tenderer. This
authorization shall consist of a written confirmation as specified in the TDS and shall be
attached to the Tender. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the Tender where
entries or amendments have been made shall be signed or initialed by the person signing
the Tender.
19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative of
the JV on behalf of the JV, and so as to be legally binding on all the members as
evidenced by a power of attorney signed by each members' legally authorized
representatives.

19.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or
initialed by the person signing the Tender.

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may
use an envelope, package or container. The Tenderer shall deliver the Tender in a single
sealed envelope, or in a single sealed package, or in a single sealed container bearing the
name and Reference number of the Tender, addressed to the Procuring Entity and a
warning not to open before the time and date for Tender opening date. Within the single
envelope, package or container, the Tenderer shall place the following separate, sealed
envelopes:
a) in an envelope or package or container marked “ORIGINAL”, all documents
comprising the Tender, as described in ITT 11; and
b) in an envelope or package or container marked “COPIES”, all required copies of the
 Tender; and
c) if alternative Tenders are permitted in accordance with ITT 12, and if relevant:
i) in an envelope or package or container marked “ORIGINAL –ALTERNATIVE
TENDER”, the alternative Tender; and
ii) in the envelope or package or container marked “COPIES- ALTERNATIVE
TENDER”, all required copies of the alternative Tender.
20.2 The inner envelopes or packages or containers shall:
a) Bear the name and address of the Procuring Entity.
b) bear the name and address of the Tenderer; and
c) Bear the name and Reference number of the Tender.

20.3 Where a tender package or container cannot fit in the tender box, the procuring entity shall:
a) Specify in the TDS where such documents should be received.
b) maintain a record of tenders received and issue acknowledgement receipt note to each
tenderer specifying time and date of receipt.
c) Ensure all tenders received are handed over to the tender opening committee for
opening at the specified opening place and time.

20.4 If an envelope or package or container is not sealed and marked as required, the
Procuring Entity will assume no responsibility for the misplacement or premature opening
of the Tender. Tenders misplaced or opened prematurely will not be accepted.

21. Deadline for Submission of Tenders

21.1 Tenders must be received by the Procuring Entity at the address and no later than the date
and time specified in the TDS. When so specified in the TDS, Tenderers shall have the
option of submitting their Tenders electronically. Tenderers submitting Tenders electronically
shall follow the electronic Tender submission procedures specified in the TDS.

21.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of
Tenders by amending the tendering document in accordance with ITT7, in which case all
rights and obligations of the Procuring Entity and Tenderers previously subject to the
deadline shall thereafter be subject to the deadline as extended.

22. Late Tenders

22.1 The Procuring Entity shall not consider any Tender that arrives after the deadline for
submission of Tenders. Any Tender received by the Procuring Entity after the deadline for
submission of Tenders shall be declared late, rejected, and returned unopened to the
Tenderer.

23. Withdrawal, Substitution, and Modification of Tenders

23.1 A Tenderer may withdraw, substitute, or modify its Tender after it has been submitted by
sending a written notice, duly signed by an authorized representative, and shall include a
copy of the authorization (the power of attorney) in accordance with ITT19.3, (except that
withdrawal notices do not require copies). The corresponding substitution or modification of
the Tender must accompany the respective written notice. All notices must be:
a) prepared and submitted in accordance with ITT 20 and 21 (except that withdrawal
notices do not require copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and
b) received by the Procuring Entity prior to the deadline prescribed for submission of
Tenders, in accordance with ITT 22.
23.3 Tenders requested to be withdrawn in accordance with ITT 23.1 shall be returned unopened to the
Tenderers.

23.4 No Tender may be withdrawn, substituted, or modified in the interval between the deadline
for submission of Tenders and the expiration of the period of Tender validity specified by
the Tenderer on the Form of Tender or any extension thereof.

24. Tender Opening

24.1 Except as in the cases specified in ITT 23, the Procuring Entity shall, at the Tender
opening, publicly open and read out all Tenders received by the deadline at the date, time
and place specified in the TDS in the presence of Tenderers' designated representatives
who choose to attend, including to attend any specific electronic tender opening procedures
if electronic tendering is permitted in accordance with ITT 21.1, shall be as specified in
the TDS.
24.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope
with the corresponding Tender shall not be opened, but returned to the Tenderer. If the
withdrawal envelope does not contain a copy of the “power of attorney” confirming the
signature as a person duly authorized to sign on behalf of the Tenderer, the corresponding
Tender will be opened. No Tender withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and is read out
at Tender opening.
24.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged
with the corresponding Tender being substituted, and the substituted Tender shall not be
opened, but returned to the Tenderer. No Tender substitution shall be permitted unless the
corresponding substitution notice contains a valid authorization to request the substitution
and is read out at Tender opening.
24.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the
corresponding Tender. No Tender modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request the modification and is read
out at Tender opening.
24.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the
Tenderer and whether there is a modification; the total Tender Prices, per lot (contract) if
applicable, including any discounts and alternative Tenders; the presence or absence of a
Tender Security, if required; and any other details as the Procuring Entity may consider
appropriate.
24.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender
opening shall be considered further for evaluation. The Form of Tender and pages of the
Bills of Quantities are to be initialed by the members of the tender opening committee
attending the opening. The number of representatives of the Procuring Entity to sign shall
be specified in the TDS.
24.7 The Procuring Entity shall neither discuss the merits of any Tender nor reject any Tender
(except for late Tenders, in accordance with ITT 22.1).

24.8 The Procuring Entity shall prepare a record of the Tender opening that shall include, as a
minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or
modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security or Tender-Securing Declaration, if one
was required;
e) number of pages of each tender document submitted.
24.9 The Tenderers' representatives who are present shall be requested to sign the record. The
omission of a Tenderer signature on the record shall not invalidate the contents and effect
of the record. A copy of the tender opening register shall be issued to a Tenderer upon
request.

E. Evaluation and Comparison of Tenders

25. Confidentiality

25.1 Information relating to the evaluation of Tenders and recommendation of contract award,
shall not be disclosed to Tenderers or any other persons not officially concerned with the
tendering process until the information on Intention to Award the Contract is transmitted to
all Tenderers in accordance with ITT 41.

25.2 Any effort by a Tenderer to influence the Procuring Entity in the evaluation or contract
award decisions may result in the rejection of its Tender.

25.3 Notwithstanding ITT 25.2, from the time of Tender opening to the time of Contract
Award, if any Tenderer wishes to contact the Procuring Entity on any matter related to the
Tendering process, it should do so in writing.

26. Clarification of Tenders

26.1 To assist in the examination, evaluation, comparison of the Tenders, and qualification of
the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a
clarification of its Tender. Any clarification submitted by a Tenderer in respect to its
Tender and that is not in response to a request by the Procuring Entity shall not be
considered. The Procuring Entity's request for clarification and the response shall be in
writing. No change, including any voluntary increase or decrease, in the prices or substance
of the Tender shall be sought, offered, or permitted except to confirm the correction of
arithmetic errors discovered by the Procuring Entity in the Evaluation of the Tenders, in
accordance with ITT 30.

If a Tenderer does not provide clarifications of its Tender by the date and time set in the
Procuring Entity's request for clarification, its Tender may be rejected.

27. Deviations, Reservations, and Omissions

27.1 During the evaluation of Tenders, the following definitions apply:

a) “Deviation” is a departure from the requirements specified in the Tendering document;
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the tendering document; and
c) “Omission” is the failure to submit part or all of the information or documentation
required in the tendering document.

28. Determination of Responsiveness

28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the

contents of the Tender itself, as defined in ITT28.2.

28. A substantially responsive Tender is one that meets the requirements of the tendering
document without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
a) if accepted, would:
i) affect in any substantial way the scope, quality, or performance of the Goods and
Related Services specified in the Contract; or
 ii) limit in any substantial way, inconsistent with the tendering document, the
Procuring Entity's rights or the Tenderer obligations under the Contract; or
b) if rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

28.2 The Procuring Entity shall examine the technical aspects of the Tender submitted in
accordance with ITT 15 and ITT 16, in particular, to confirm that all requirements of
Section VII, Schedule of Requirements have been met without any material deviation or
reservation, or omission.

28.3 If a Tender is not substantially responsive to the requirements of tendering document, it

shall be rejected by the Procuring Entity and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

29. Non-conformities, Errors and Omissions

29.1 Provided that a Tender is substantially responsive, the Procuring Entity may waive any
non-conformities in the Tender.

29.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that
the Tenderer submit the necessary information or documentation, within a reasonable period
of time, to rectify nonmaterial non- conformities or omissions in the Tender related to
documentation requirements. Such omission shall not be related to any aspect of the price
of the Tender. Failure of the Tenderer to comply with the request may result in the
rejection of its Tender.

29.3 Provided that a Tender is substantially responsive, the Procuring Entity shall rectify
quantifiable nonmaterial non-conformities related to the Tender Price. To this effect, the
Tender Price shall be adjusted, for comparison purposes only, to reflect the price of a
missing or non-conforming item or component in the manner specified in the TDS. The
adjustment shall be based on the average price of the item or component as quoted in
other substantially responsive Tenders. If the price of the item or component cannot be
derived from the price of other substantially responsive Tenders, the Procuring Entity shall
use its best estimate.
30. Arithmetical Errors

30.1 The tender sum as submitted and read out during the tender opening shall be absolute and
final and shall not be the subject of correction, adjustment or amendment in any way by
any person or entity.

30.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors
on the following basis:
a) Any error detected if considered a major deviation that affects the substance of the
tender, shall lead to disqualification of the tender as non-responsive .
b) Any errors in the submitted tender arising from a miscalculation of unit price,
quantity, subtotal and total bid price shall be considered as a major deviation that
affects the substance of the tender and shall lead to disqualification of the tender as
non-responsive. and
c) if there is a discrepancy between words and figures, the amount in words shall prevail.

30.3 Tenderers shall be notified of any error detected in their bid during the notification of a
ward.

31. Conversion to Single Currency

31.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted
in a single currency as specified in the TDS.
32. Margin of Preference and Reservations

32.1 A margin of preference may be allowed on locally manufactured goods only when the
contract is open to international tendering, where the tender is likely to attract foreign
goods and where the contract exceeds the threshold specified in the Regulations.

32.2 For purposes of granting a margin of preference on locally manufactured goods under
international competitive tendering, a procuring entity shall not subject the items listed
below to international tender and hence no margin of preference shall be allowed. The
affected items are:
a) motor vehicles, plant and equipment which are assembled in Kenya;
b) furniture, textile, foodstuffs, oil and gas, information communication technology, steel,
cement, leather agro-processing, sanitary products, and other goods made in Kenya; or
c) goods manufactured, mined, extracted or grown in Kenya.

32.3 A margin of preference shall not be allowed unless it is specified so in the TDS.

32.4 Contracts procured on basis of international competitive tendering shall not be subject to
reservations to specific groups s as provided in ITT 32.5.

32.5 Where it is intended to reserve a contract to a specific group of businesses (these groups
are Small and Medium Enterprises, Women Enterprises, Youth Enterprises and Enterprises
of persons living with disability, as the case may be), and who are appropriately registered
as such by the authority to be specified in the TDS, a procuring entity shall ensure that
the invitation to tender specifically indicates that only businesses or firms belonging to the
specified group are eligible to tender as specified in the TDS. No tender shall be reserved to
more than one group. If not so stated in the Tender documents, the invitation to tender will
be open to all interested tenderers.

33. Evaluation of Tenders

33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section
III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be
permitted. By applying the criteria and methodologies, the Procuring Entity shall determine
the Lowest Evaluated Tender. This is the Tender of the Tenderer that meets the
qualification criteria and whose Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) The lowest evaluated price.
33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and
the Tender Price as quoted in accordance with ITT 14. To evaluate a Tender, the
Procuring Entity shall consider the following:
a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a
single currency in accordance with ITT 31;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with
ITT 29.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and
Qualification Criteria.

33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract,
applied over the period of execution of the Contract, shall not be considered in Tender
evaluation.

33.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender
for one or more lots (contracts). Each lot or contract will be evaluated in accordance with
ITT 33.2. The methodology to determine the lowest evaluated tenderer or tenderers based
 one lot (contract) or based on a combination of lots (contracts), will be specified in
Section III, Evaluation and Qualification Criteria. In the case of multiple lots or contracts,
tenderer will be will be required to prepare the Eligibility and Qualification Criteria Form
for each Lot.

33.5 The Procuring Entity's evaluation of a Tender will include and consider:
a) in the case of Goods manufactured in Kenya, sales and other similar taxes, which will
be payable on the goods if a contract is awarded to the Tenderer;
b) in the case of Goods manufactured outside Kenya, already imported or to be
imported, customs duties and other import taxes levied on the imported Good, sales
and other similar taxes, which will be payable on the Goods if the contract is
awarded to the Tenderer;

33.6 The Procuring Entity's evaluation of a Tender may require the consideration of other
factors, in addition to the Tender Price quoted in accordance with ITT 14. These factors
may be related to the characteristics, performance, and terms and conditions of purchase of
the Goods and Related Services. The effect of the factors selected, if any, shall be
expressed in monetary terms to facilitate comparison of Tenders, unless otherwise specified
in the TDS from amongst those set out in Section III, Evaluation and Qualification
Criteria. The additional criteria and methodologies to be used shall be as specified in ITT
33.2(d).

34. Comparison of Tenders

34.1 The Procuring Entity shall compare the evaluated costs of all substantially responsive
Tenders established in accordance with ITT 33.2 to determine the Tender that has the
lowest evaluated cost. The comparison shall be on the basis of total cost (place of final
destination) prices for all goods and all prices, plus cost of inland transportation and
insurance to place of destination, for goods manufactured within the Kenya, together with
prices for any required installation, training, commissioning and other services.

35. Abnormally Low Tenders

35.1 An Abnormally Low Tender is one where the Tender price, in combination with other
constituent elements of the Tender, appears unreasonably low to the extent that the Tender
price raises material concerns with the Procuring Entity as to the capability of the Tenderer
to perform the Contract for the offered Tender price.
35.2 In the event of identification of a potentially Abnormally Low Tender by the evaluation
committee, the Procuring Entity shall seek written clarification from the Tenderer, including
a detailed price analyses of its Tender price in relation to the subject matter of the
contract, scope, delivery schedule, allocation of risks and responsibilities and any other
requirements of the tendering document.
35.3 After evaluation of the price analysis, in the event that the Procuring Entity determines that
the Tenderer has failed to demonstrate its capability to perform the contract for the offered
Tender price, the Procuring Entity shall reject the Tender.

36. Abnormally High Tenders

36.4 An abnormally high price is one where the tender price, in combination with other
constituent elements of the Tender, appears unreasonably too high to the extent that the
Procuring Entity is concerned that it (the Procuring Entity) may not be getting value for
money or it may be paying too high a price for the contract compared with market prices
or that genuine competition between Tenderers is compromised.

36.5 In case of an abnormally high tender price, the Procuring Entity shall make a survey of
the market prices, check if the estimated cost of the contract is correct and review the
Tender Documents to check if the specifications, scope of work and conditions of contract
are contributory to the abnormally high tenders. The Procuring Entity may also seek
 written clarification from the tenderer on the reason for the high tender price. The
Procuring Entity shall proceed as follows:
i) If the tender price is abnormally high based on wrong estimated cost of the contract,
the Procuring Entity may accept or not accept the tender depending on the Procuring
Entity's budget considerations.
ii) If specifications, scope of work and/or conditions of contract are contributory to the
abnormally high tender prices, the Procuring Entity shall reject all tenders and may
retender for the contract based on revised estimates, specifications, scope of work and
conditions of contract, as the case may be.

36.6 If the Procuring Entity determines that the Tender Price is abnormally too high because
genuine competition between tenderers is compromised (often due to collusion, corruption
or other manipulations), the Procuring Entity shall reject all Tenders and shall institute or
cause relevant Government Agencies to institute an investigation on the cause of the
compromise, before retendering.

37. Post-Qualification of the Tenderer

37.1 The Procuring Entity shall determine, to its satisfaction, whether the eligible Tenderer that
is selected as having submitted the lowest evaluated cost and substantially responsive
Tender, meets the qualifying criteria specified in Section III, Evaluation and Qualification
Criteria.

37.2 The determination shall be based upon an examination of the documentary evidence of the
Tenderer qualifications submitted by the Tenderer, pursuant to ITT 15 and 16. The
determination shall not take into consideration the qualifications of other firms such as the
Tenderer subsidiaries, parent entities, affiliates, subcontractors (other than specialized
subcontractors if permitted in the tendering document), or any other firm(s) different from
the Tenderer.

37.3 An affirmative determination shall be a prerequisite for award of the Contract to the
Tenderer. A negative determination shall result in disqualification of the Tender, in which
event the Procuring Entity shall proceed to the Tenderer who offers a substantially
responsive Tender with the next lowest evaluated cost to make a similar determination of
that Tenderer qualifications to perform satisfactorily.

38. Lowest Evaluated Tender

38.1 Having compared the evaluated prices of Tenders, the Procuring Entity shall determine the
Lowest Evaluated Tender. The Lowest Evaluated Tender is the Tender of the Tenderer that
meets the Qualification Criteria and whose Tender has been determined to be:
a) most responsive to the Tender document; and
b) the lowest evaluated price.

39. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All Tenders.

39.1 The Procuring Entity reserves the right to accept or reject any Tender, and to annul the
Tendering process and reject all Tenders at any time prior to notification Award, without
thereby incurring any liability to Tenderers. In case of annulment, all Tenderers shall be
notified with reasons andall Tenders submitted and specifically, tender securities, shall be
promptly returned to the Tenderers.
F. Award of Contract

40. Award Criteria

40.1 The Procuring Entity shall award the Contract to the successful tenderer whose tender has
been determined to be the Lowest Evaluated Tender in accordance with procedures in
Section 3: Evaluation and Qualification Criteria.

41. Procuring Entity's Right to Vary Quantities at Time of Award

41.1 The Procuring Entity reserves the right at the time of Contract award to increase or decrease, by the
percentage (s) for items as indicated in the TDS.
42. Notice of Intention to enter into a Contract

Upon award of the contract and Prior to the expiry of the Tender Validity Period the
Procuring Entity shall issue a Notification of Intention to Enter into a Contract /
Notification of award to all tenderers which shall contain, at a minimum, the following
information:
a) the name and address of the Tenderer submitting the successful tender;
b) the Contract price of the successful tender;
c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter
is addressed was unsuccessful, unless the price information in (c) above already
reveals the reason;
d) the expiry date of the Standstill Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the
standstill period;

43. Standstill Period

43.1 The Contract shall not be awarded earlier than the expiry of a Standstill Period of 14 days
to allow any dissatisfied candidate to launch a complaint. Where only one Tender is
submitted, the Standstill Period shall not apply.
43.2 Where standstill period applies, it shall commence when the Procuring Entity has
transmitted to each Tenderer the Notification of Intention to Enter into a Contract to the
successful Tenderer.

44. Debriefing by the Procuring Entity

44.1 On receipt of the Procuring Entity's Notification of Intention to Enter into a Contract
referred to in ITT 41, an unsuccessful tenderer may make a written request to the
Procuring Entity for a debriefing on specific issues or concerns regarding their tender. The
Procuring Entity shall provide the debriefing within five days of receipt of the request.

44.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer
shall bear its own costs of attending such a debriefing meeting.

45. Letter of Award

Prior to the expiry of the Tender Validity Period and upon expiry of the Standstill Period
specified in ITT 42, upon addressing a complaint that has been filed within the Standstill
Period, the Procuring Entity shall transmit the Letter of Award to the successful Tenderer.
The letter of award shall request the successful tenderer to furnish the Performance
Security within 21days of the date of the letter.

46. Signing of Contract

46.1 Upon the expiry of the fourteen days of the Notification of Intention to enter into contract
and upon the parties meeting their respective statutory requirements, the Procuring Entity
shall send the successful Tenderer the Contract Agreement.
46.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer
shall sign, date, and return it to the Procuring Entity.
46.3 The written contract shall be entered into within the period specified in the notification of
award and before expiry of the tender validity period.

47. Performance Security

47.1 Within twenty-one (21) days of the receipt of Letter of Acceptance from the Procuring
Entity, the successful Tenderer, if required, shall furnish the Performance Security in
accordance with the GCC 18, using for that purpose the Performance Security Form
included in Section X, Contract Forms. If the Performance Security furnished by the
successful Tenderer is in the form of a bond, it shall be issued by a bonding or insurance
company that has been determined by the successful Tenderer to be acceptable to the
Procuring Entity. A foreign institution providing a bond shall have a correspondent financial
institution located in Kenya, unless the Procuring Entity has agreed in writing that a
correspondent financial institution is not required.
47.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security or
sign the Contract shall constitute sufficient grounds for the annulment of the award and
forfeiture of the Tender Security. In that event the Procuring Entity may award the
Contract to the Tenderer offering the next lowest Evaluated Tender.
47.3 Performance security shall not be required for a contract, if so specified in the TDS.

48. Publication of Procurement Contract

48.1 Within fourteen days after signing the contract, the Procuring Entity shall publish and publicize
the awarded contract at its notice boards, entity website; and on the Website of the Authority in
manner and format prescribed by the Authority. At the minimum, the notice shall contain the
following information:
a) name and address of the Procuring Entity;
b) name and reference number of the contract being awarded, a summary of its scope
and the selection method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
 d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender
opening;

49. Procurement Related Complaints and Administrative Review

49.1 The procedures for making a Procurement-related Complaint are as specified in the TDS.

49.2 A request for administrative review shall be made in the form provided under contract forms.
 SECTION II – TENDER DATA SHEET (TDS)

The following specific data shall complement, supplement, or amend the provisions in the Instructions
to Tenderers (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in ITT.

ITT Particulars Of Appendix To Instructions To Tenders

Reference
A. General
ITT 1.1 The reference number of the Invitation for Tenders is:

No. ITEM NEGOTIATION NO/TENDER NO :

DESCRIPTION 1372477-2023/2024
S

1 Supply and Tender no; 1372477-2023/2024

Delivery of Ecd
furniture

The Procuring Entity is: COUNTY GOVERNMENT OF KAKAMEGA

The name of the Contract is: SUPPLY AND DELIVERY OF ECD
FURNITURE
ITT 1.2(a) Electronic –Procurement System
The Procuring Entity shall use the following electronic-procurement system to
manage this Tendering process:
INTERGRATED FINANCIAL MANAGEMENT INFORMATION SYSTEM
(IFMIS)

ITT 2.3 The Information made available on competing firms is as follows:

The Food stuff are to be distributed to vulnerable groups/institutions in
Kakamega County.
The firms that provided consulting services for the contract being tendered for
are:
N/A
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be: N/A

A list of debarred firms and individuals is available on the PPRA’s

I website:
[Link] T
T

3
.
7
ITT 6.1 (a) Tenders will be received through IFMIS Suppliers portal on or before 29th
OCTOBER, 2023 by 10:00AM
(b) The Procuring Entity publish its response at the website
[Link]

ITT 6.2
ITT 6.3 The questions to reach the Procuring Entity not later than29TH NOVEMBER
2023 by 10.00am
C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its Tender:
N/A

ITT 12.1 Alternative Tenders shall not be considered.

 ITT Particulars Of Appendix To Instructions To Tenders
Reference

ITT 13.5 The prices quoted by the Tenderer insert shall not be subject to adjustment
during the performance of the Contract.
ITT 13.6

ITT 13.8 (a) Place of final destination: COUNTY SOCIAL HALL .

(i) and (iii)
ITT 14.2 Foreign currency requirements not allowed.
ITT 15.4 Period of time the Goods are expected to be functioning: n/a
ITT 16.2 (a) Manufacturer’s authorization is: required when appropriate
ITT 16.2 (b) After sales service is: required when appropriate
ITT 17.1 The Tender validity period shall be 126 days.
ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period
will be 30 days.

(b) The Tender price shall be adjusted by the following percentages of the
tender price:

N/A.

ITT 18.1 A Tender Security shall be required Kshs.200,000 (Two hundred thousand
shillings only
A Tender-Securing Declaration shall be required.

ITT 19.1 In addition to the original of the Tender, the number of copies is: N/A
ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer shall
consist of: POWER OF ATTORNEY
D. Submission and Opening of Tenders
ITT 20.3 A tender package or container that cannot fit in the tender box shall be received
as follows: N/A
________________________________________________________________
ITT 21.1 For Tender submission purposes only, the Procuring Entity’s address is:
COUNTY GOVERNMENT OF KAKAMEGA
P.O BOX 36-50100
KAKAMEGA
ND
2 FLOOR, KOTECHA BUILDING

ITT 24.1 The Tender opening shall take place at:

COUNTY GOVERNMENT OF KAKAMEGA
P.O BOX 36-50100
KAKAMEGA
2ND FLOOR, KOTECHA BUILDING
29TH NOVEMBER, 2023 by 10:00AM.

The electronic Tender opening procedures shall be: AS PER IFMIS

PROCEDURES
ITT 24.6 The number of representatives of the Procuring Entity to sign is THREE

10
ITT Particulars Of Appendix To Instructions To Tenders
Reference
E. Evaluation and Comparison of Tenders
ITT 29.3 The manner of rectify quantifiable nonmaterial nonconformities described
below: N/A
_______________________________

ITT 31.1 The currency that shall be used for Tender evaluation and comparison purposes
to convert at the selling exchange rate all Tender prices expressed in various
currencies into a single currency is: Kenya shillings
The source of exchange rate shall be the Central Bank in Kenya.
The date for the exchange rate shall be: the deadline for submission of the
Tenders,
ITT 33.2
Price evaluation will be done for TOTAL SUM
ITT 33.2 (d) Additional evaluation factors are N/A

ITT 33.6 The adjustments shall be determined using the following criteria, from amongst
those set out in Section III, Evaluation and Qualification Criteria:

(a) Deviation in Delivery schedule: No.

(b)Deviation in payment schedule: No.
(c) the cost of major replacement component, mandatory spare parts, and
service: No.
(d) the availability in Kenya of spare parts and after-sales services for the
equipment offered in the Tender Yes
(e) Life
cycle costs: the costs during the life of the goods or equipment Yes
(f) the
performance and productivity of the equipment offered; Yes
F. Award of Contract
ITT 41.1 The maximum percentage by which quantities may be increased is: N/A
The maximum percentage by which quantities may be decreased is: N/A
ITT 41.1 The Procuring Entity shall increase or decrease the quantity of Goods and
Related Services by an amount not exceed N/A and without any change in the
unit prices or other terms and conditions of the Tender and the tendering
document.

ITT 47.3 Performance security is NOT required.

ITT 49.1 The procedures for making a Procurement-related Complaint are detailed in the
“Notice of Intention to Award the Contract” herein and are also available from
the PPRA Website [Link].

If a Tenderer wishes to make a Procurement-related Complaint, the Tenderer

should submit its complaint following these procedures, in writing (by the
quickest means available, that is either by email or fax), to:
For the attention: [insert full name of person receiving complaints]
Title/position: [insert title/position]
Procuring Entity: [insert name of Procuring Entity]
Email address: [insert email address]
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Tendering Documents; and
 ITT Particulars Of Appendix To Instructions To Tenders
Reference
2. the Procuring Entity’s decision to award the contract.

10
 SPECIFICATION OF THE ECD FURNITURE
NEGOTIATION NUMBER- 1372477-2023/2024

NO ITEM DESCRIPTION UNIT QTY UNIT TOTALS

OF PRICE
ISSUE
1 ECDE TABLES NO 891
COLOUR-Emerald Green (County Green
Colour)
Table Top: 140cm long by 120cm width.
4 number legs to fit in grooves of Table
top, hight 52cm.
MATERIAL-Plastic Pc(Polyethylene)
BRANDING-County LOGO (County
Government of Kakamega Logo) print in
the center of table top
Minimum weight of 7.5 kg
IDENTIFICATION-Serial Number
coded with county number printed in
Black.
2 ECDE CHAIRS NO 5,346
COLOURS-Emerald Green,Blue,Yellow
and Red
SIZE-52cm by 35cm by 26CM
MATERIAL-Plastic PP(Polypropylene)
BRANDING-Indicate name of County
(Kakamega county) on the back of their
chair
IDENTIFICATIONS-Serial number
coded with County number, and the serial
number of the chair all must be printed in
black
Minimum weight of a chair is 1.5 KG
TOTAL
SECTION III - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions

1.1 Wherever a Tenderer is required to state a monetary amount, Tenderers should

indicate the Kenya Shilling equivalent using the rate of exchange determined as
follows:
a) For business turnover or financial data required for each year - Exchange
rate prevailing on the last day of the respective calendar year (in which the
amounts for that year is to be converted) was originally established.
b) Value of single contract - Exchange rate prevailing on the date of the contract
signature.
c) Exchange rates shall be taken from the publicly available source identified in
the ITT 14.3. Any error in determining the exchange rates in the Tender may be
corrected by the Procuring Entity.

1.2 This section contains the criteria that the Procuring Entity Procuring Entity shall
use to evaluate tender and qualify tenderers. No other factors, methods or criteria
shall be used other than those specified in this tender document. The Tenderer
shall provide all the information requested in the forms included in Section IV,
Tendering Forms. The Procuring Entity should use the Standard Tender Evaluation
Report for Goods and Works for evaluating Tenders.

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

The Procuring Entity shall use the criteria and methodologies listed in this
Section to evaluate Tenders. By applying these criteria and methodologies, the
Procuring Entity shall determine the successful Tender or Tenders which has/have
been determined to:
a) be substantially responsive to the tender documents;
b) offer the lowest evaluated cost to the Procuring Entity for all items of
Goods to be procured based on either a single Contract or all multiple Contracts
combined, as the case may be, in accordance with the ITT 13.6 inviting Tender
prices and discounts, and provisions made of the Tender Document for evaluation
of tenders and award of contract (s); and
c) be offered by Tenderer or Tenderers that substantially meet the qualification
criteria applicable for Contract or combined Contracts for which they are selected.
 2.2 Evaluation of Tenders

Evaluation Criteria
Preliminary examination for Determination of Responsiveness

S/NO DOCUMENT YES/NO

1. CERTIFIED COPY OF VALID INCORPORATION
CERTIFICATE
2. CERTIFIED COPY OF VALID CR12 CERTIFICATE
3. CERTIFIED COPY OF PIN CERTIFICATE
4. CERTIFIED VALID TAX COMPLIANCE CERTIFICATE
5. ATTACH VALID BUSINESS PERMIT
6. STATEMENT THAT THE FIRM IS NOT DEBARRED IN
THE MATTER OF PUBLIC PROCUREMENT AND ASSET
DISPOSAL ACT 2015
7. DULLY FILLED AND SIGNED FORM OF TENDER
8. ATTACH BID SECURITY OF KSH. 200,000/= FROM
REPUTABLE FINANCIAL INSTITUTION(ORIGINAL BID
BOND BE SUBMITTED TO THE DEPARTMENT OF
EDUCATION BEFORE DEADLINE)
9. DECLARATION OF CONFLICT OF INTEREST IF ANY
10. DECLARATION THAT YOU ARE NOT CONVICTED OF
CORRUPT OR FRAUDULENT PRACTICES
11. DECLARATION THAT YOU WILL NOT ENGAGE IN ANY
FORM OF CORRUPTION IN THE MATTER OF THIS
TENDER

Any “NO” to the above will automatically result to Non - Responsiveness and therefore the tenderer
shall not be considered for further evaluation.

TECHNICAL EVALUATION CRITERIA

Fill in the forms attached or give statements. Fill in the Tenders 40% rule if applicable.

S/NO CRITERIA SCORE

1. 5
ATTACH CERTIFIED BANK STATEMENTS FOR ATLEAST 1
YEAR
2.
ATTACH CERTIFIED AUDITED ACCOUNTS FOR THE LAST 1 7
YEAR
2. TURN OVER OF 20 MILLION FOR THE LAST TWO YEARS 10
3. PREVIOUS EXPERIENCE: 30
SHOW AT LEAST 3 SUPPLIES OF SIMILAR NATURE AND
MAGNITUDE.(ATTACH COPIES OF LPOs AND SIGNED
CONTRACTS
4. DELIVERY PLAN 10
 5. COMPLIANCE TO SPECIFICATIONS IN THE PRICE SCHEDULE 30
6. DULLY FILLED,STAMPED AND SIGNED PRICE SCHEDULE 5
7. SANCTITY OF THE TENDER DOCUMENT 3
TOTAL 100

The pass mark for technical evaluation is 70%

DUE DELIGENCE MAY BE CONDUCTED ON THE WINNING BIDDER BEFORE AWARD

DECISION.

⮚ ALL THE BIDDERS WHO SCORE 70 MARKS AND ABOVE IN THE TECHNICAL
EVALUATION STAGE SHALL QUALIFY FOR FINANCIAL EVALUATION (PRICE
COMPARISON

PRICE EVALUATION

2.2.1 Evaluation of Technical aspects of the Tender

The Procuring Entity shall evaluate the Technical aspects of the Tender to
determine compliance with the Procuring Entity's requirements under Section V
'Schedule of Requirement' and whether the Tenders are substantially responsive to
the Technical Specifications and other Requirements.

2.2.2 Evaluation of Commercial Terms and Conditions of the Tender (ITT 33.1(a)):

The Procuring Entity shall determine whether the Tenders are substantially
responsive to the Commercial and Contractual Terms and Conditions (e.g.
Performance securities, Payment and delivery schedules).

2.2.3 Evaluation Criteria (Other Factors) (ITT 33.6)

The Procuring Entity's evaluation of a Tender may take into account, in addition
to the Tender Price quoted in accordance with ITT 13.8, one or more of the
following factors as specified in ITT 33.2(d) and in TDS ITT 33.6, using the
following criteria and methodologies.

a) Delivery schedule.

The Goods specified in the List of Goods are required to be delivered within the
acceptable time range (after the earliest and before the final date, both dates
inclusive) specified in Section V, Schedule of Requirements. No credit will be
given to deliveries before the earliest date, and Tenders offering delivery after the
final date shall be treated as non-responsive. Within this acceptable period, an
adjustment of [insert the adjustment factor], will be added, for evaluation
purposes only, to the Tender price of Tenders offering deliveries later than the
“Earliest Delivery Date” specified in Section V, Schedule of Requirements.
[An adjustment factor of 0.5% per week of delay would be reasonable. However,
the adjustment factor should not be more than the rate of Liquidated Damages to
be applied in case of delay in delivery of Goods and Services under the Contract
conditions.]

b) Deviation in payment schedule. [insert one of the following]

i. tenderers shall state their Tender price for the payment schedule outlined
in the SCC. Tenders shall be evaluated on the basis of this base price.
tenderers are, however, permitted to state an alternative payment schedule
and indicate the reduction in Tender price they wish to offer for such
alternative payment schedule. The Procuring Entity may consider the
alternative payment schedule and the reduced Tender price offered by the
tenderer selected on the basis of the base price for the payment schedule
outlined in the SCC.
or
ii. The SCC stipulates the payment schedule specified by the Procuring
Entity. If a Tender deviate from the schedule and if such deviation is
considered acceptable to the Procuring Entity, the Tender will be evaluated
by calculating interest earned for any earlier payments involved in the
terms outlined in the Tender as compared with those stipulated in the
SCC, at the rate per annum [insert adjustment rate].

c) Cost of major replacement components, mandatory spare parts, and service.

[insert one of the followings]
The list of items and quantities of major assemblies, components, and
selected spare parts, likely to be required during the initial period of
operation specified in the TDS 15.4, is in the List of Goods. An adjustment
equal to the total cost of these items, at the unit prices quoted in each
Tender, shall be added to the Tender price, for evaluation purposes only.

or
The Procuring Entity will draw up a list of high-usage and high-value items
of components and spare parts, along with estimated quantities of usage in
the initial period of operation specified in the TDS 15.4. The total cost of
these items and quantities will be computed from spare parts unit prices
submitted by the tenderer and added to the Tender price, for evaluation
purposes only.
or
Tenderer shall provide along with its Tender, the list of recommended spare
parts for Goods offered indicating for each item of spare part the
recommended quantity and unit, and total CIP final destination prices
required during the initial period of operation specified in the TDS 15.4.
The prices offered shall not exceed the prevailing prices charged to other
parties by the Tenderer. The cost of such spare parts will not be taken into
account for tender evaluation. The Procuring Entity may award the contract
for spare parts to the Tenderer that is successful for the supply of Goods,
by selecting at its option, from the Tender's list of recommended spare parts,
such items and quantities against each as the Procuring Entity may deem
appropriate at the unit prices indicated by the Tenderer but not exceeding ---
-% (present) of the cost of Goods [normally not more than 10% or 15%.]

d) Availability in Kenya of spare parts and after sales services for equipment
offered in the Tender.

An adjustment equal to the cost to the Procuring Entity of establishing the

minimum service facilities and parts inventories if quoted separately, shall be
 added to the Tender price, for evaluation purposes only.

e) Life Cycle Costs

If specified in TDS 33.6, an adjustment to consider the additional life cycle

costs for the period specified below, such as the operating and maintenance
costs of the Goods, will be added to the Tender price, for evaluation
purposes only. The adjustment will be evaluated in accordance with the
methodology specified below and the following information:

[Note to Procuring Entity: Life cycle costing should be used when the costs
of operation and/or maintenance over the specified life of the goods are
estimated to be considerable in comparison with the initial cost and may
vary among different Tenders. Life cycle costs shall be evaluated on a net
present value basis. If life cycle costs apply, then specify the factors
required to determine them for evaluation purposes.

[Either amend the following text as required, or delete if life cycle cost is
not applicable]

i) number of years for life cycle cost determination [insert the number of years
of economic life of Goods];
ii) the discount rate to be applied to determine the net present value of the
life-cycle-cost is [insert the discount rate];
iii) the annual operating and maintenance costs (recurrent costs) shall be
determined on the basis of the following methodology: [insert methodology
E.G. This should include factors that will be used for determination of life-
cycle- cost such as costs of operation and maintenance, residual value at the
end of economic life of Goods, major elements that will be used for
determination of cost of operation and maintenance such as fuel, power,
labor, spare parts, etc. unit prices of elements such as fuel, power, etc.,
quantity of annual usage such as Kms or Hours of operation of Goods,
Formula for calculation of LCC, etc];
iv) and the following information is required from tenderers [insert any
information required from tenderers, including prices e.g. Guaranteed fuel
and/or power consumption, cost of labour, spare parts, etc].

f) Performance and productivity of the equipment: [insert one of the followings]

i) Performance and productivity of the equipment. An adjustment representing the

capitalized cost of additional operating costs over the life of the goods will
be added to the Tender price, for evaluation purposes if specified in the
TDS 33.6. The adjustment will be evaluated based on the drop in the
guaranteed performance or efficiency offered in the Tender below the norm
of 100, using the methodology specified below.
[Insert the methodology and criteria if applicable e.g. The Following aspects
could be considered in the formulation of this methodology and criteria: (i)
Tender price for the equipment; ii) Price of spare parts required for AAA
years of operations, iii) Adjustments to tender price for omissions, deviations
and exceptions to technical and commercial conditions in the tender
documents; iv) Capitalized cost savings due to the equipment efficiency at
the rate of XXX (specify currency and amount) for each YYY % (percent)
above the minimum ZZZ % (percent) efficiency; v) Capitalized cost for the
auxiliary power consumption at PPP (specify currency and amount) per KW
for AAA years; and vi) Applicable discount rate of BBB%. ]
or
 ii) An adjustment to consider the productivity of the goods offered in the
Tender will be added to the Tender price, for evaluation purposes
only, if specified in ITT 33.6. The adjustment will be evaluated based
on the cost per unit of the actual productivity of goods offered in the
Tender with respect to minimum required values, using the
methodology specified below.

[Insert the methodology and criteria if applicable E.G. The evaluation and
comparison of responsive tenders shall be based on the total life cycle
cost for XXX years, per unit of output. The life cycle cost shall be the
sum of the initial purchase price of the equipment and the cost of
operation in electric energy for XXX years of operation at unit cost of
AAA (specify currency and amount) per kwh, discounted to net present
value at YYY percent.]

g) Specific additional criteria

[Other specific additional criteria to be considered in the evaluation, and the

evaluation method shall be detailed in TDS 34.6][If specific sustainable
procurement technical requirements have been specified in Section VII-
Specification, either state that (i) those requirements will be evaluated on a
pass/fail (compliance basis) or otherwise (ii) in addition to evaluating those
requirements on a pass/fail (compliance basis), if applicable, specify the
monetary adjustments to be applied to Tender Prices for comparison purposes
on account of Tenders that exceed the specified minimum sustainable
procurement technical requirements.]

2.2.4. Multiple Contracts (ITT 33.4)

Multiple contracts will be permitted in accordance with ITT 33.4. Tenderers are
evaluated on basis of Lots and the lowest evaluated tenderer identified for each
Lot. The Procuring Entity will select one Option of the two Options listed below
for award of Contracts.

OPTION 1

i) If a tenderer wins only one Lot, the tenderer will be awarded a contract for
that Lot, provided the tenderer meets the Eligibility and Qualification Criteria
for that Lot.

ii) If a tenderer wins more than one Lot, the tender will be awarded contracts
for all won Lots, provided the tenderer meets the aggregate Eligibility and
Qualification Criteria for all the Lots. The tenderer will be awarded the
combination of Lots for which the tenderer qualifies and the others will be
considered for award to second lowest the tenderers.

OPTION 2

The Procuring Entity will consider all possible combinations of won Lots
[contract(s)]and determine the combinations with the lowest evaluated price.
Tenders will then be awarded to the Tenderer or Tenderers in the combinations
provided the tenderer meets the aggregate Eligibility and Qualification Criteria for
all the won Lots.

2.2.5. Alternative Tenders

(ITT 13.1) An alternative if permitted under ITT

 13.1, will be evaluated as follows: [insert one

of the following]

“A Tenderer may submit an alternative Tender only with a Tender for the base
case. The Procuring Entity shall only consider the alternative Tenders offered by
the Tenderer whose Tender for the base case was determined to be the Lowest
Evaluated Tender.”
or
“A Tenderer may submit an alternative Tender with or without a Tender for the
base case. The Procuring Entity shall consider Tenders offered for alternatives as
specified in the Technical Specifications of Section V, Schedule of Requirements.
All Tenders received, for the base case, as well as alternative Tenders meeting
the specified requirements, shall be evaluated on their own merits in accordance
with the same procedures, as specified in the ITT 33.”

3. MARGIN OF PREFERENCE

3.1 If the TDS so specifies, the Procuring Entity will grant a margin of preference of
15% (fifteen percent) to Tenderers offering goods manufactured, mined, extracted,
grown, assembled or semi-processed in Kenya. Goods assembled or semi-
processed in Kenya shall have a local content of not less than 40%.

3.2 The margin of preference will be applied in accordance with, and subject to, the
following provisions:
a) Tenderers applying for such preference on goods offered shall provide, as
part of the data for qualification, such information, including details of the
goods produced in Kenya, so as to determine whether, according to the
classification established by the Procuring Entity, a particular category of
goods or group of goods qualifies for a margin of preference.
b) After Tenders have been received and reviewed by the Procuring Entity,
goods offered in the responsive Tenders shall be assessed to ascertain they
are manufactured, mined, extracted, grown, assembled or semi- processed in
Kenya. Responsive tenders shall be classified into the following groups:
i) Group A: Tenders offering goods manufactured in Kenya, for which
(a) labour, raw materials, and components from within Kenya account
for more than forty (40) percent of the Ex-Works price; and
(b) the production facility in which they will be manufactured or
assembled has been
engaged in manufacturing or assembling such goods at least since the
date of Tender
Submission date;
ii) Group B: All other Tenders offering Goods manufactured in Kenya;
iii) Group C: Tenders offering Goods manufactured outside Kenya that
have been already imported or that will be imported.
c) To facilitate this classification by the Procuring Entity, the Tenderer shall
complete whichever version of the Price Schedule furnished in the Tender
Documents is appropriate. Incorrect classification may render the Tender non-
responsive as no reclassification will be permitted after Tender opening.
Tenderers shall provide correct information especially with respect to duties,
taxes etc. paid on previously imported Goods and percentage of local labour,
materials and components for Goods manufactured in Kenya as any false
information which cannot be supported by documentation may render the
Tender non-responsive besides other sanctions for providing falsified
information.
d) The Procuring Entity will first review the Tenders to confirm the
appropriateness of the Tender group classification to which Tenderers
 assigned their Tenders in preparing their Tender Forms and Price Schedules.
e) All evaluated Tenders in each group will then be compared to determine the
lowest evaluated Tender of each group. Such lowest evaluated Tenders shall
be compared with each other and if as a result of this comparison a Tender
from Group A or Group B is the lowest, it shall be selected for the award.
f) If as a result of the preceding comparison, the lowest evaluated Tender is a
Tender from Group C, all Tenders from Group C shall be further compared
with the lowest evaluated Tender from Group A after adding to the
evaluated price of goods offered in each Tender from Group C, for the
purpose of this further comparison only, an amount equal to 15% (fifteen
percent) of the respective CIP Tender price for goods to be imported and
already imported goods. Both prices shall include unconditional discounts and
be corrected for arithmetical errors. If the Tender from Group A is the
lowest, it shall be selected for award. If not, the lowest evaluated Tender
from Group C shall be selected as per paragraph (e) above.”

4. Post-Qualification of Tenderers (ITT 37)

[Note for Procuring Entity to be deleted before issuing the tender documents.

This STD for Procurement of Goods assumes that no Prequalification has taken
place before tendering. However, if a Prequalification process is undertaken, the
Qualification Criteria stipulated in this Section III, Evaluation and Qualification
Criteria must be updated to ensure that the Tenderer and any Sub- Suppliers
shall meet or continue to meet the Criteria used at the time of Prequalification.]
4.1 Post-Qualification Criteria (ITT 37.1)

In case the tender was not subject to pre-qualification, the tender that has been
determined to be the lowest evaluated tenderer shall be considered for contract
award, subject to meeting each of the following conditions (post qualification
Criteria applied on a GO/NO GO basis). The Procuring Entity shall carry out the
post- qualification of the Tenderer in accordance with ITT 37, using only the
requirements specified herein. Requirements not included in the text below shall
not be used in the evaluation of the Tenderer's qualifications. The minimum
qualification requirements for multiple contracts will be the sum of the minimum
requirements for respective individual contracts, unless otherwise specified.

[Note for Procuring Entity to be deleted before issuing the tender documents.
Select requirements (criteria) for post qualification from below as relevant and
appropriate for the nature, size and type of Goods and Services to be procured.
Generally, for procurement of Goods, unless the value of the item is very large,
the criteria for assessment of Manufacturer's technical capability should always
be considered more important than its financial resources. For very small value
items, the criteria for financial capability may even be omitted].

4.2 If the Tenderer is a manufacturer

a) Financial Capability
i) The Tenderer shall demonstrate that it has access to, or has available, liquid
assets, unencumbered real assets, lines of credit, and other financial means
(independent of any contractual advance payment) sufficient to meet the
supply cash flow of Kenya Shillings [or equivale
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount, specify a figure about 2.5 times the total Tender price)] or
equivalent calculated as total certified payments received for contracts of
goods manufactured and supplied within the last
[insert
 number of years). In case of multiple contracts, limitation will be placed on
the number of item(s) that will be awarded to the Tenderer.

b) Experience and Technical Capacity

The Tenderer shall furnish documentary evidence to demonstrate that it meets the
following experience requirement(s) using the form provided in Section IV. In
case the Tenderer is a JV, experience and demonstrated technical capacity of only
the JV shall be taken into account and not of individual members nor their
individual experience/capacity will be aggregated unless all members of the JV
have been manufacturing and supplying Goods offered in the Tender to the same
technology, processing, design, materials, specifications, model number, etc. in all
respects such that Goods manufactured have the same functional characteristics,
performance parameters, outputs and other guarantees and fully interchangeable
which shall be documented along with other required documents demonstrating
capacity to the satisfaction of the Procuring Entity in case individual members
claim experience. Otherwise, documents evidencing experience and technical
capacity shall be in the name of the JV that submitted the Tender. Wherever the
Words “Similar Goods” have been used it includes upgrades, latest and improved
versions or models of similar specifications and technology. Refer to Form Exp-1 to
provide the required information.

[list the requirement(s), including experience in successfully implementing

sustainable procurement requirements, if specified in the tender document.]
Samples of Experience Requirements:
i) The Tenderer shall be manufacturing similar Goods for the last (specify
the number of years to cover a sufficiently long period ranging from 2 to 5
years depending upon the Goods to be procured).
ii) The Tenderer shall furnish documentary evidence to demonstrate successful
completion of at least
(Insert number) of contracts of similar Goods in the last
(specify number) each contract costing at least Kenya
shillings equivalent and involving a supply of at least
percentage of required quantity (usually the percentage is
about 70-80%) in some cases where Procuring Entity requires deliveries in a
scheduled manner over a specified time, include item (iii) below.
iii) (Optional) The
installed capacity to manufacture number of items
(specify the relevant item number) shall not be less than units per
(specify week or month).

c) (Optional) Documentary Evidence of Usage of Goods (When appropriate)

The Tenderer shall furnish documentary evidence satisfactory to the Procuring
Entity to demonstrate that similar Goods as offered in the Tender have been
in successful use or operation for the last years. If the Tenderer is a
JV, the evidence of demonstrated usage of Goods supplied in the past shall
be in the name of the JV.

4.3 If Tenderer is a Supplier:

If a Tenderer is a Supplier offering the Goods on behalf of or from a

Manufacturer under Manufacturer's Authorization Form (Section IV, Tendering
Forms), the Manufacturer shall demonstrate the above qualifications 4.2 (b) (i),
(ii), and (iii) and the Tenderer shall demonstrate it meets the following criteria.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid
assets, unencumbered real assets, lines of credit, and other financial means
(independent of any contractual advance payment) sufficient to meet the
 supply cash flow of Kenya Shillings ______________
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount] or equivalent calculated as total certified payments received for
contracts in progress and/or completed within the last [insert of year] years,
divided by [insert number of years] years.
iii) Has satisfactorily and substantially completed at least ____(specify
number) contract(s) of a similar nature either within Kenya, the East African
Community or abroad, as a prime supplier or a joint venture member, each
of a minimum value in Kenya shillings
_____________
____equivalent.

4.4 History of non-performing contracts:

Tenderer (Supplier or/and manufacturer, and each member of JV in case the

Tenderer is a JV, shall demonstrate that Non-performance of a contract did not
occur as a result of the default of the Tenderer, manufacturer or the member of
JV as the case may be, in the last (specify years). The
required information shall be furnished as per form CON-2].

4.5 Pending Litigation

Financial position and prospective long-term profitability of the Single Tenderer,

and in the case the Tenderer is a JV, of each member of the JV, shall remain
sound according to criteria established with respect to Financial Capability under
paragraph I (i) above assuming that all pending litigation will be resolved against
the Tenderer. Tenderer shall provide information on pending litigations as per
Form CON-2.

4.6. Litigation History

There shall be no consistent history of court/arbitral award decisions against the

Tenderer, in the last_______________________________(specify years). All parties
to the contract shall furnish the information on the related Form (CON-2) about
any litigation or arbitration resulting from contracts completed or ongoing under
its execution over the years specified. A consistent history of awards against the
Tenderer or any member of a JV may result in rejection of the tender.
SECTION IV - TENDERING FORMS

Form of Tender Tenderer Information Form Tenderer JV Members Information Form

Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule:

Goods Manufactured Outside Kenya, already imported Price Schedule: Goods

Manufactured in Kenya Price and Completion Schedule – Related Services Form of

Tender Security – Demand Guarantee Form of Tender Security (Tender Bond)

Form of Tender-Securing Declaration Manufacturer’s Authorization Form

 FORM OF TENDER
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS

i) All italicized text is to help the Tenderer in preparing this form.

ii) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly
showing the Tenderer's complete name and business address. Tenderers are reminded that this is a
mandatory requirement.

iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER

DETERMINATION and the SELF DECLARATION FORMS OF THE TENDERER as listed under (s)
below.

Date of this Tender submission:.............[insert date (as day, month and year) of Tender

submission] Tender Name and Identification:....................[insert

identification] Alternative No.:.............................................[insert identification No if this is a Tender

for an alternative]

To: .................................... [Insert complete name of Procuring Entity]

a) No reservations: We have examined and have no reservations to the Tendering document,

including Addenda issued in accordance with Instructions to tenderers (ITT 7);

b) Eligibility: We meet the eligibility requirements and have no conflict of interest in

accordance with ITT 3;

c) Tender/Proposal-Securing Declaration: We have not been suspended nor declared ineligible

by the Procuring Entity based on execution of a Tender-Securing Declaration. Or Proposal-
Securing Declaration in Kenya in accordance with ITT 3.6;

d) Conformity: We offer to supply in conformity with the Tendering document and in

accordance with the Delivery Schedules specified in the Schedule of Requirements the
following Goods: [insert a brief description of the Goods and Related Services];

e) Tender Price: The total price of our Tender, excluding any discounts offered in item (f)
below is:

Option 1, in case of one lot: Total price is: [insert the total price of the Tender in words and
figures, indicating the various amounts and the respective currencies];

or

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total price of each lot
in words and figures, indicating the various amounts and the respective currencies];
and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in
words and figures, indicating the various amounts and the respective currencies];

f) Discounts: The discounts offered and the methodology for their application are:

i) The discounts offered are: [Specify in detail each discount offered.]

ii) The exact method of calculations to determine the net price after application of discounts
are shown below: [Specify in detail the method that shall be used to apply the
 discounts];

g) Tender Validity Period: Our Tender shall be valid for the period specified in TDS 17.1 (as
amended, if applicable) from the date fixed for the Tender submission deadline specified in
TDS 21.1 (as amended, if applicable), and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;

h) Performance Security: If our Tender is accepted, we commit to obtain a performance

security in accordance with the Tendering document;

i) One Tender per tenderer: We are not submitting any other Tender(s) as an individual
tenderer, and we are not participating in any other Tender(s) as a Joint Venture member, or
as a subcontractor, and meet the requirements of ITT 3.9, other than alternative Tenders
submitted in accordance with ITT 12;

j) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and not
controlled by any entity or individual that is subject to, a temporary suspension or a
debarment imposed by the Procuring Entity. Further, we are not ineligible under the Kenya
laws or official regulations or pursuant to a decision of the United Nations Security Council;

k) State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state- owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITT 3.7];

l) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Tendering process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity]

(If none has been paid or is to be paid, indicate “none.”)

m) Binding Contract: We understand that this Tender, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract between us,
until a formal contract is prepared and executed;

n) Procuring Entity Not Bound to Accept: We understand that you are not bound to accept
the lowest evaluated cost Tender, the Best Evaluated Tender or any other Tender that you
may receive; and

o) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf engages in any type of Fraud and Corruption.

p) Code of Ethical Conduct: We undertake to adhere by the Code of Ethics for Persons
Participating in Public Procurement and Asset Disposal, copy available
from______________(specify website) during the procurement process and the execution of
any resulting contract.

q) Collusive practices: We hereby certify and confirm that the tender is genuine, non-collusive
 and made with the intention of accepting the contract if awarded. To this effect we have
signed the “Certificate of Independent tender Determination” attached below.

r) Beneficial Ownership Information: We commit to provide to the procuring entity the Beneficial
Ownership Information in conformity with the Beneficial Ownership Disclosure Form upon receipt of
notification of intention to enter into a contract in the event we are the successful tenderer in this
subject procurement proceeding.

s) We, the Tenderer, have duly completed, signed and stamped the following Forms as part of
our Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in
any conflict to interest;
b) Certificate of Independent Tender Determination – to declare that we completed the
tender without colluding with other tenderers;
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not
engage in any form of fraud and corruption; and
d) Declaration and Commitment to the Code of Ethics for Persons Participating in Public
Procurement and Asset Disposal.

Further, we confirm that we have read and understood the full content and scope of fraud and
corruption as informed in “Appendix 1- Fraud and Corruption” attached to the Form of Tender.
Name of the tenderer: *[insert complete name of the tenderer]

Name of the person duly authorized to sign the Tender on behalf of the tenderer: **[insert
complete name of person duly authorized to sign the Tender]

Title of the person signing the Tender: [insert complete title of the person signing the Tender]

Signature of the person named above: [insert signature of person whose name and capacity are

shown above] Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Tender submitted by a Joint Venture specify the name of the Joint Venture
as tenderer.

**: Person signing the Tender shall have the power of attorney given by the tenderer. The power
of attorney shall be attached with the Tender Schedules.
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

I, the undersigned, in submitting the accompanying Letter of Tender to the

_______________ [Name of
Procuring Entity] for: [Name and
number of tender] in response to the request for tenders made by: [Name of
Tenderer] do hereby make the following statements that I certify to be true and
complete in every respect:

I certify, on behalf of [Name

of Tenderer] that:

1. I have read and I understand the contents of this Certificate;

2. I understand that the Tender will be disqualified if this Certificate is found not
to be true and complete in every respect;

3. I am the authorized representative of the Tenderer with authority to sign this

Certificate, and to submit the Tender on behalf of the Tenderer;

4. For the purposes of this Certificate and the Tender, I understand that the word
“competitor” shall include any individual or organization, other than the
Tenderer, whether or not affiliated with the Tenderer, who:
a) has been requested to submit a Tender in response to this request for
tenders;
b) could potentially submit a tender in response to this request for tenders,
based on their qualifications, abilities or experience;

5. The Tenderer discloses that [check one of the following, as applicable]:

a) The Tenderer has arrived at the Tender independently from, and without
consultation, communication, agreement or arrangement with, any
competitor;
b) the Tenderer has entered into consultations, communications, agreements
or arrangements with one or more competitors regarding this request for
tenders, and the Tenderer discloses, in the attached document(s), complete
details thereof, including the names of the competitors and the nature of,
and reasons for, such consultations, communications, agreements or
arrangements;

6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b)

above, there has been no consultation, communication, agreement or
arrangement with any competitor regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the
request for Tenders; except as specifically disclosed pursuant to paragraph
(5)(b) above;

7. In addition, there has been no consultation, communication, agreement or

arrangement with any competitor regarding the quality, quantity, specifications or
delivery particulars of the works or services to which this request for tenders
relates, except as specifically authorized by the procuring authority or as
specifically disclosed pursuant to paragraph (5)(b) above;
8. the terms of the Tender have not been, and will not be, knowingly disclosed
by the Tenderer, directly or indirectly, to any competitor, prior to the date and
time of the official tender opening, or of the awarding of the Contract,
whichever comes first, unless otherwise required by law or as specifically
disclosed pursuant to paragraph (5)(b) above.

Name
SELF-DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED

IN THE MATTER OF THE PUBLIC PROCUREMENT AND ASSET
DISPOSAL ACT 2015.

I ......................................................................... of Post Office

Box..............................................being a resident of ............................................. in the
Republic of..............................................do hereby make a statement as follows:-

1. THAT I am the Company Secretary/ Chief Executive/Managing

Director/Principal Officer/Director of ................................................... (insert name
of the Company) who is a Bidder in respect of Tender No.
........................................
for................................................................................................... (insert tender
title/description) for...........................................(insert name of the Procuring
entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its Directors and subcontractors have not been
debarred from participating in procurement proceeding under Part IV of the
Act.

3. THAT what is deponed to herein above is true to the best of my knowledge,

information and belief.

…………………………. …………………..…. ………………………

(Title) (Signature) (Date)

Bidder Official Stamp

 FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE

IN ANY CORRUPT OR FRAUDULENT PRACTICE

I, ………………………………….... of P.O. Box..............................................being a resident

of....................................................................... in the Republic of ................................... do
hereby make a statement as follows:-

1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director

of..............................................................……....…………………… (insert name of the
Company) who is a Bidder in respect of Tender No.
.............................................................. for.................................... (Insert tender
title/description) for.................................................... (insert name of the Procuring
entity) and duly authorized and competent to make this statement.

2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not
engage in any corrupt or fraudulent practice and has not been requested to pay any
inducement to any member of the Board, Management, Staff and/or employees
and/or agents of ……………………..(insert name of the Procuring entity) which is
the procuring entity.

3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not
offered any inducement to any member of the Board, Management, Staff and/or
employees and/or agents of ……………………..(name of the procuring entity).

4. THAT the aforesaid Bidder will not engage/has not engaged in any corrosive
practice with other bidders participating in the subject tender.

5. THAT what is deponed to herein above is true to the best of my knowledge

information and belief.

…………………………… ………………...…
…………………… (Title) (Signature)
(Date)

Bidder’s Official Stamp

DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I....................................................................................................................... (Person) on behalf

of (Name of the Business/
Company/Firm)..........................................................................declare that I have read and
fully understood the contents of the Public Procurement & Asset Disposal Act, 2015,
Regulations and the Code of Ethics for persons participating in Public Procurement and
Asset Disposal and my responsibilities under the Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons
participating in Public Procurement and Asset Disposal.

Name of Authorized
signatory........................................................................................................................

Sign…………….................................................................................................................................
..........

Position...............................................................................................................................................
.............

Office address……………………………………………….

Telephone…………….......………………….

E-

mail………………………………….......................................................................................……

………

Name of the
Firm/Company……………................................................................................………………

Date……………………………………..............................................................................………
…………

(Company Seal/ Rubber Stamp where applicable)

Witness

Name

……………………………………........................................................................…………………

Sign………………………………………........................................................................................…
……

Date…………………………………………….................................................................................
………
APPENDIX 1- FRAUD AND CORRUPTION

(Appendix 1 shall not be modified)

1. Purpose

1.1 The Government of Kenya's Anti-Corruption and Economic Crime laws and
their sanction's policies and procedures, Public Procurement and Asset
Disposal Act (no. 33 of 2015) and its Regulation, and any other Kenya's Acts
or Regulations related to Fraud and Corruption, and similar offences, shall
apply with respect to Public Procurement Processes and Contracts that are
governed by the laws of Kenya.

2. Requirements

2.1 The Government of Kenya requires that all parties including Procuring
Entities, Tenderers, (applicants/proposers), Consultants, Contractors and
Suppliers; any Sub-contractors, Sub-consultants, Service providers or Suppliers;
any Agents (whether declared or not); and any of their Personnel, involved
and engaged in procurement under Kenya's Laws and Regulation, observe the
highest standard of ethics during the procurement process, selection and
contract execution of all contracts, and refrain from Fraud and Corruption and
fully comply with Kenya's laws and Regulations as per paragraphs 1.1 above.

2.2 Kenya’s public procurement and asset disposal act (no. 33 of 2015) under
Section 66 describes rules to be followed and actions to be taken in dealing
with Corrupt, Coercive, Obstructive, Collusive or Fraudulent practices, and
Conflicts of Interest in procurement including consequences for offences
committed. A few of the provisions noted below highlight Kenya's policy of
no tolerance for such practices and behavior:
1) a person to whom this Act applies shall not be involved in any corrupt,
coercive, obstructive, collusive or fraudulent practice; or conflicts of interest in
any procurement or asset disposal proceeding;
2) A person referred to under subsection (1) who contravenes the provisions
of that sub-section commits an offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall
be—
a) disqualified from entering into a contract for a procurement or asset
disposal proceeding; or
b) if a contract has already been entered into with the person, the contract
shall be voidable;
4) The voiding of a contract by the procuring entity under subsection (7)
does not limit any legal remedy the procuring entity may have;
5) An employee or agent of the procuring entity or a member of the Board
or committee of the procuring entity who has a conflict of interest with
respect to a procurement:-
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take
part in any decision relating to the procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded
contract, or a member of the group of bidders to whom the
contract was awarded, but the subcontractor appointed shall meet
all the requirements of this Act.

6) An employee, agent or member described in subsection (1) who refrains

from doing anything prohibited under that subsection, but for that
subsection, would have been within his or her duties shall disclose the
 conflict of interest to the procuring entity;

7) If a person contravenes subsection (1) with respect to a conflict of

interest described in subsection (5)(a) and the contract is awarded to the
person or his relative or to another person in whom one of them had a
direct or indirect pecuniary interest, the contract shall be terminated and
all costs incurred by the public entity shall be made good by the
awarding officer. Etc.

2.3 In compliance with Kenya's laws, regulations and policies mentioned above, the
Procuring Entity:

a) Defines broadly, for the purposes of the above provisions, the terms set
forth below as follows:
i) “corrupt practice” is the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence improperly
the actions of another party;
ii) “fraudulent practice” is any act or omission, including
misrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a party to obtain financial or other benefit or to avoid
an obligation;
iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
iv) “coercive practice” is impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or the property of the
party to influence improperly the actions of a party;
v) “obstructive practice” is:

• deliberately destroying, falsifying, altering, or concealing of

evidence material to the investigation or making false
statements to investigators in order to materially impede
investigation by Public Procurement Regulatory Authority
(PPRA) or any other appropriate authority appointed by
Government of Kenya into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from
pursuing the investigation; or

• acts intended to materially impede the exercise of the PPRA's

or the appointed authority's inspection and audit rights provided
for under paragraph 2.3 e. below.

b) Defines more specifically, in accordance with the above procurement Act

provisions set forth for fraudulent and collusive practices as follows:

"fraudulent practice" includes a misrepresentation of fact in order to

influence a procurement or disposal process or the exercise of a contract
to the detriment of the procuring entity or the tenderer or the contractor,
and includes collusive practices amongst tenderers prior to or after
tender submission designed to establish tender prices at artificial non-
competitive levels and to deprive the procuring entity of the benefits of
free and open competition.

c) Rejects a proposal for award1 of a contract if PPRA determines that the

 firm or individual recommended for award, any of its personnel, or its
agents, or its sub-consultants, sub-contractors, service providers, suppliers
and/ or their employees, has, directly or indirectly, engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;

d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction
or debar or recommend to appropriate authority (ies) for sanctioning and
debarment of a firm or individual, as applicable under the Acts and
Regulations;

e) Requires that a clause be included in Tender documents and Request for

Proposal documents requiring (i) Tenderers (applicants/proposers),
Consultants, Contractors, and Suppliers, and their Sub-contractors, Sub-
consultants, Service providers, Suppliers, Agents personnel, permit the
PPRA or any other appropriate authority appointed by Government of
Kenya to inspect2 all accounts, records and other documents relating to
the procurement process, selection and/or contract execution, and to have
them audited by auditors appointed by the PPRA or any other
appropriate authority appointed by Government of Kenya; and

f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers

to submit along with their Applications/Tenders/Proposals a “Self-
Declaration Form” as included in the procurement document declaring
that they and all parties involved in the procurement process and
contract execution have not engaged/will not engage in any corrupt or
fraudulent practices.

1
For the avoidance of doubt, a party's ineligibility to be awarded a contract shall
include, without limitation, (i) applying for pre-qualification, expressing interest in
a consultancy, and tendering, either directly or as a nominated sub-contractor,
nominated consultant, nominated manufacturer or supplier, or nominated service
provider, in respect of such contract, and (ii) entering into an addendum or
amendment introducing a material modification to any existing contract.
2
Inspections in this context usually are investigative (i.e., forensic) in nature. They
involve fact-finding activities undertaken by the Investigating Authority or persons
appointed by the Procuring Entity to address specific matters related to
investigations/audits, such as evaluating the veracity of an allegation of possible
Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial
records and information, and making copies thereof as relevant; accessing and
examining any other documents, data and information (whether in hard copy or
electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing
physical inspections and site visits; and obtaining third party verification of
information.
TENDERER INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated
below. No alterations to its format shall be permitted and no substitutions shall be
accepted.]

Date: ………………………………………… [insert date (as day, month and year) of

Tender submission]

Tender Name and Identification:................................. [Insert identification

Alternative No.: ................................. [insert identification No if this is a Tender for an

alternative] Page of_ pages

1. Tenderer’s Name [insert Tenderer’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Tenderer’s actual or intended country of registration: [insert actual or intended country

of registration]
4. Tenderer’s year of registration: [insert Tenderer’s year of registration]

5. Tenderer’s Address in country of registration: [insert Tenderer’s legal address in

country of registration]
6. Tenderer’s Authorized Representative Information
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
◻ For Kenyan Tenderers a current tax clearance certificate or tax exemption
certificate issued by the Kenya Revenue Authority in accordance with ITT 3.14.
◻Articles of Incorporation (or equivalent documents of constitution or association),
and/or documents of registration of the legal entity named above, in accordance with ITT
3.4.
◻ In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT
3.1.
◻ In case of state-owned enterprise or institution, in accordance with ITT 4.6
documents establishing:
(i) Legal and financial autonomy
(ii) Operation under commercial law
(iii) Establishing that the tenderer is not under the supervision of the Procuring Entity
2. Included are the organizational chart and a list of Board of Directors
TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

a) Instruction to Tenderer

Tender is instructed to complete the particulars required in this Form, one form for
each entity if Tender is a JV. Tenderer is further reminded that it is an offence to
give false information on this Form.

A. Tenderer’s details
ITEM DESCRIPTION
1 Name of the Procuring Entity
2 Name of the Tenderer
3 Full Address and Contact Details of the 1. Country
Tenderer. 2. City
3. Location
4. Building
5. Floor
6. Postal Address
7. Name and email of
contact person.
4 Reference Number of the Tender

5 Date and Time of Tender Opening

6 Current Trade License No and Expiring date

7 Maximum value of business which the Tenderer
handles.
8

General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full

_____________________

Age Nationality

______________________

Country of Origin Citizenship _____

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % Shares owned

1
2
3

(d) Registered Company, provide the following details.

 i) Private or public Company _______________________

ii) State the nominal and issued capital of the Company-

Nominal Kenya Shillings (Equivalent) ……………………………

Issued Kenya Shillings (Equivalent) ……………………………

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares

owned
1
2
3

(e) DISCLOSURE OF INTEREST- Interest of the Firm in the Procuring Entity.

(i) Are there any person/persons in …………… (Name of Procuring Entity) who has
an interest or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

Names of Person Designation in the Interest or

Procuring Entity Relationship with
Tenderer
1
2
3

(ii) Conflict of interest disclosure

Type of Conflict Disclosu If YES provide details

re of the relationship with
YES Tenderer
OR NO
1 Tenderer is directly or
indirectly controlled by or is
under common control with
another tenderer.
2 Tenderer receives or has
received any direct or
indirect subsidy from another
tenderer.
3 Tenderer has the same legal
representative as another
tenderer
4 Tender 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
 Type of Conflict Disclosu If YES provide details
re of the relationship with
YES Tenderer
OR NO
Procuring Entity regarding
this tendering process.
5 Any of the Tenderer’s
affiliates participated as a
consultant in the preparation
of the design or technical
specifications of the works
that are the subject of the
tender.
6 Tenderer would be providing
goods, works, non-consulting
services or consulting
services during
implementation of the
contract specified in this
Tender Document.
7 Tenderer has a close business
or family relationship with a
professional staff of the
Procuring Entity who are
directly or indirectly
involved in the preparation of
the Tender document or
specifications of the
Contract, and/or the Tender
evaluation process of such
contract.
8 Tenderer has a close business
or family relationship with a
professional staff of the
Procuring Entity who would
be involved in the
implementation or
supervision of the Contract.
9 Has the conflict stemming
from such relationship stated
in item 7 and 8 above been
resolved in a manner
acceptable to the Procuring
Entity throughout the
tendering process and
execution of the Contract?

(f) Certification

On behalf of the Tenderer, I certify that the information given above is correct.

Full Name________________________________________________

Title or Designation________________________________________
(Signature) (Date)
 TENDERER’S JV MEMBERS INFORMATION FORM

[The tenderer shall fill in this Form in accordance with the instructions indicated
below. The following table shall be filled in for the tenderer and for each member
of a Joint Venture]].

Date:.................................[insert date (as day, month and year) of Tender submission].

Tender Name and Identification:.................................[insert identification Alternative

No.:....................[insert identification No if this is a Tender for an alternative].

Page of pages

1. Tenderer’s Name:
[insert Tenderer’s legal name]
2. Tenderer’s JV Member’s name: [insert JV’s Member legal name]

3. Tenderer’s JV Member’s country of registration: [insert JV’s Member country of

registration]
4. Tenderer’s JV Member’s year of registration: [insert JV’s Member year of registration]
5. Tenderer’s JV Member’s legal address in country of registration: [insert JV’s Member
legal address in country of registration]
6. Tenderer’s JV Member’s authorized representative information
Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized
representative]
Email Address: [insert email address of JV’s Member authorized representative]
7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
◻ Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITT 4.4.
◻ In case of a state-owned enterprise or institution, documents establishing legal and
financial autonomy, operation in accordance with commercial law, and that they are not under
the supervision of the Procuring Entity, in accordance with ITT 4.6.
8. Included are the organizational chart and a list of Board of Directors
Price Schedule Forms

[The tenderer shall fill in these Price Schedule Forms in accordance with the
instructions indicated. The list of line items in column 1 of the Price Schedules
shall coincide with the List of Goods and Related Services specified by the
Procuring Entity in the Schedule of Requirements.]
 Price Schedule: Goods Manufactured outside Kenya, to be imported

(Group C Tenders, goods to be imported) Date: _________________________

Currencies in accordance with ITT 15 ITT No: _____________________

Alternative No: ________________

Page N° ______ of ______
1 2 3 4 5 6 7 8 9
Line Description of Country Delivery Quantity Unit price CIP Price per Price per line item for Total Price per Line
Item Goods of Date as and CIP [insert place of line item inland transportation item
N° Origin defined physical destination] (Col. 5x6) and other services (Col. 7+8)
by unit in accordance with required in Kenya to
Incoter ITT 14.8(b)(i) convey the Goods to
ms their final destination
specified in TDS
[inser [insert name of [insert [insert [insert [insert unit price CIP [insert total [insert the [insert total price of
t good] country quoted number of per unit] CIP price per corresponding price the line item]
numb of origin Delivery units to be line item] per line item]
er of of the Date] supplied
the Good] and name
item] of the
physical
unit]

Total Price

Name of tenderer [insert complete name of tenderer] Signature of tenderer [signature of person signing the Tender] Date [Insert Date]

44
 Price Schedule: Goods Manufactured Outside Kenya, already imported*

(Group C Tenders, Goods already imported) Date: _________________________

Currencies in accordance with ITT 15 ITT No: _____________________
Alternative No: ________________
Page N° ______ of ______
1 2 3 4 5 6 78 9 10 11 12
Line Descrip Countr Delivery Quantity Unit price Custom
Unit Price Price per Price per line item Sales and Total Price
Item tion of y of Date as and including Duties and
net of line item for inland other taxes per line
N° Goods Origin defined physical Custom Import
custom net of transportation and paid or item
by unit Duties Taxes paid
duties and Custom other services payable per (Col. 9+10)
Incoter and per unit in
import Duties and required in Kenya item if
ms Import accordance
taxes, in Import to convey the Contract is
Taxes with ITT
accordance Taxes paid, goods to their final awarded (in
paid, in 14.8(c)(ii),
with ITT in destination, as accordance
accordanc [to
14.8 be
(c) accordance specified in TDS with ITT
e with ITT supported
(iii) with ITT in accordance with 14.8(c)(iv)
14.8(c)(i) by(Col. 6 14.8(c)(i) ITT 14.8 (c)(v)
documents]
minus (Col. 5×8)
Col.7)
[insert [insert [insert [insert [insert [insert [insert [insert unit [ insert [insert price per [insert sales [insert
numbe name of country quoted number of unit price custom price net of price per line item for inland and other total price
r of Goods] of Delivery units to be per unit] duties and custom line item transportation and taxes per line
the origin Date] supplied taxes paid duties and net of other services payable per item]
item] of the and name of per unit] import custom required in Kenya] item if
Good] the physical taxes] duties and Contract is
unit] import awarded]
taxes]

Total Tender
Price
Name of tenderer [insert complete name of tenderer] Signature of tenderer [signature of person signing the Tender] Date [insert date]
* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall
include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid
by the Procuring Entity. For clarity, the tenderers are asked to quote the price including import duties, and additionally to provide the import duties and the
price net of import duties which is the difference of those values.]
Price Schedule: Goods Manufactured in Kenya

Kenya (Group A and B Tenders) Date:

______________________ Currencies in accordance with ITT 15 _________________________
ITT No:
_____________________
Alternative No:
________________
Page N° ______ of ______
1 2 3 4 5 6 7 8 9 10
Line Description of Delivery Quanti Unit Total Price per line Cost of local labor, Sales and other Total Price
Item Goods Date as ty and price EXW item for inland raw materials and taxes payable per per line
N° defined physic EXW price per transportation and components from line item if item
by al unit line item other services with origin in Kenya Contract is awarded (Col. 6+7)
Incoterm (Col. 4×5) required in Kenya % of Col. 5 (in accordance with
s to convey the ITT 14.8(a)(ii)
Goods to their
final destination

[inser [insert name of [insert [insert [insert [insert [insert the [Insert cost of local [insert sales and [insert
t Good] quoted numbe EXW unit total EXW corresponding labor, raw material other taxes payable total price
numb Delivery r of price] price per price per line and components per line item if per item]
er of Date] units line item] item] from within the Contract is
the to be Purchase’s country awarded]
item] suppli as a % of the EXW
ed and price per line item]
name
of the
physic
al
unit]
 Total Price

Name of tenderer [insert complete name of tenderer] Signature of tenderer [signature of person signing the Tender] Date [insert date]

Price and Completion Schedule - Related Services

Currencies in accordance with ITT 15 Date:

_________________________
ITT No:
_____________________
Alternative No:
________________
Page N° ______ of ______
1 2 3 4 5 6 7
Service Description of Services (excludes Country Delivery Date at Quantity and physical unit Unit price Total Price per
N° inland transportation and other of Origin place of Final Service
services required in Kenya to destination (Col. 5*6 or
convey the goods to their final estimate)
destination)
[insert [insert name of Services] [insert [insert delivery date [insert number of units to be [insert unit [insert total
number of country of at place of final supplied and name of the price per price per item]
the Service] origin of destination per physical unit] item]
the Service]
Services]
45

Total Tender Price

Name of tenderer [insert complete name of tenderer] Signature of tenderer [signature of person signing the Tender] Date [insert date]

46
47
FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]

Beneficiary:
Request for Tenders No:

Date:
TENDER GUARANTEE No.:
Guarantor:

1. We have been informed that (here inafter called "the Applicant") has
submitted or will submit to the Beneficiary its Tender (here inafter called" the Tender") for the
execution of under Request for Tenders No.
(“the ITT”).

2. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be

supported by a Tender guarantee.

3. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the
Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand
itself or a separate signed document accompanying or identifying the demand, stating that either the
Applicant:

(a) has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Letter of
Tender (“the Tender Validity Period”), or any extension thereto provided by the Applicant; or

b) having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity
Period or any extension there to provided by the Applicant, (i) has failed to execute the contract
agreement, or (ii) has failed to furnish the Performance.

4. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies
of the contract agreement signed by the Applicant and the Performance Security and, or (b) if the
Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the
Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) thirty days
after the end of the Tender Validity Period.

5. Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.

[signature(s)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

TENDER GUARANTEE No.:

1. Whereas ………… [Name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender
dated ……… [Date of submission of tender] for the …………… [Name and/or description of the
tender] (hereinafter called “the Tender”) for the execution of under Request for Tenders No.
(“the ITT”).

2. KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of Insurance
Company] having our registered office at …………… (hereinafter called “the Guarantor”), are bound
unto …………….. [Name of Procuring Entity] (hereinafter called “the Procuring Entity”) in the
sum of ………………… (Currency and guarantee amount) for which payment well and truly to be
made to the said Procuring Entity, the Guarantor binds itself, its successors and assigns, jointly and
severally, firmly by these presents.

Sealed with the Common Seal of the said Guarantor this ___day of ______ 20 __.

3. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the

Applicant:

a) has withdrawn its Tender during the period of Tender validity set forth in the Principal's
Letter of Tender (“the Tender Validity Period”), or any extension thereto provided by the
Principal; or

b) having been notified of the acceptance of its Tender by the Procuring Entity during the
Tender Validity Period or any extension thereto provided by the Principal; (i) failed to
execute the Contract agreement; or (ii) has failed to furnish the Performance Security, in
accordance with the Instructions to tenderers (“ITT”) of the Procuring Entity's Tendering
document.

then the guarantee undertakes to immediately pay to the Procuring Entity up to the above
amount upon receipt of the Procuring Entity's first written demand, without the Procuring
Entity having to substantiate its demand, provided that in its demand the Procuring Entity shall
state that the demand arises from the occurrence of any of the above events, specifying which
event(s) has occurred.

4. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of
copies of the contract agreement signed by the Applicant and the Performance Security and, or
(b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a
copy of the Beneficiary's notification to the Applicant of the results of the Tendering process;
or (ii)twenty-eight days after the end of the Tender Validity Period.

5. Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
_________________________ ______________________________
[Date ] [Signature of the Guarantor]
_________________________ ______________________________
[Witness] [Seal]

Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
FORM OF TENDER-SECURING DECLARATION

[The Bidder shall complete this Form in accordance with the instructions indicated]
Date:..............................[insert date (as day, month and year) of Tender Submission]
Tender No.:........................................... [Insert number of tendering process]

To:.................................................[insert complete name of

Purchaser] I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Tender-
Securing Declaration.

2. I/We accept that I/we will automatically be suspended from being eligible for tendering in
any contract with the Purchaser for the period of time of .........[insert number of months
or years] starting on .........[insert date], if we are in breach of our obligation(s) under the
bid conditions, because we – (a) have withdrawn our tender during the period of tender
validity specified by us in the Tendering Data Sheet; or (b) having been notified of the
acceptance of our Bid by the Purchaser during the period of bid validity, (i) fail or refuse
to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance
Security, in accordance with the instructions to tenders.

3. I/We understand that this Tender Securing Declaration shall expire if we are not the
successful Tenderer(s), upon the earlier of:
a) our receipt of a copy of your notification of the name of the successful Tenderer; or
b) thirty days after the expiration of our Tender.

4. I/We understand that if I am/we are/in a Joint Venture, the Tender Securing Declaration
must be in the name of the Joint Venture that submits the bid, and the Joint Venture has
not been legally constituted at the time of bidding, the Tender Securing Declaration shall
be in the names of all future partners as named in the letter of intent.

Signed:……………………………………………………………………..………..........................................
............

Capacity / title (director or partner or sole proprietor, etc.) ……….……………….

…....................................................

Name:
…………………………………………………………………………………................................................
..

Duly authorized to sign the bid for and on behalf of: .................................................[insert complete

name of Tenderer]. Dated on ....................................................... day

of....................................................... [Insert date of signing].

Seal or stamp.
MANUFACTURER’S AUTHORIZATION FORM

[The tenderer shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign documents
that are binding on the Manufacturer. The tenderer shall include it in its Tender, if so
indicated in the TDS.]

Date:.......................[insert date (as day, month and year) of Tender submission]

ITT No.:.......................[insert number of

ITT process] Alternative No.:.......................[insert identification

No if this is a Tender for an alternative]

To: ....................... [Insert complete name of

Procuring Entity] WHEREAS

We....................... [insert complete name of Manufacturer], who are official manufacturers

of.......................[insert type of goods manufactured], having factories at [insert full address of
Manufacturer's factories], do hereby authorize [insert complete name of tenderer] to submit a
Tender the purpose of which is to provide the following Goods, manufactured by
us....................... [insert name and or brief description of the Goods], and to subsequently
negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 28 of the General
Conditions of Contract, with respect to the Goods offered by the above firm.

Signed:....................... [Insert signature(s) of authorized representative(s) of the Manufacturer]

Name:.......................[Insert complete name(s) of authorized representative(s) of the Manufacturer]

Title:....................... [Insert title]

Dated on day of , [insert date of signing]

PART 2: SUPPLY REQUIREMENTS
Line Description of Quanti Final Delivery (as per Incoterms) Date
Item Goods ty Destination as Earliest Latest Tenderer’
N° specified in Delivery Delivery s offered
TDS Date Date Delivery
date [to be
provided
by the
tenderer]

1. Line Post 1115 KWS 3 4WEEK

[Link] WEEKS S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
2. Strainer Post 336 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
3. 2.5 MM HTS 185 KWS 3WEEKS 4
Plain Wire [Link] WEEKS
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
4. 4.0 MM Soft 400 KWS 3WEEKS 4WEEK
wire [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
5. Staples U-Nails 280 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
6. Porcelain Reel 340 KWS 3WEEKS 4WEEK
Insulators [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
7. Porcelain Strain 890 KWS 3WEEKS 4WEEK
End Insulators [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
8. 125 MM Wire 336 KWS 3WEEKS 4WEEK
Nails [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
9. W- Insulators 11175 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
10. Earth Pegs 100 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
11. Twin 2.5 MM 1 KWS 3WEEKS 4WEEK
Electric Cable [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
12. 2.5 MM Under 6 KWS 3WEEKS 4WEEK
Gate Cables [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
13. Lightening 2 KWS 3WEEKS 4WEEK
Arrester [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
14. Energizer 2 KWS 3WEEKS 4WEEK
atleast 16 [Link] S
Joules AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
15. Solar Panel 140 2 KWS 3WEEKS 4WEEK
Watts [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
16. Solar Batteries 2 KWS 3WEEKS 4WEEK
AH [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
17. Charge 2 KWS 3WEEKS 4WEEK
Regulators [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
18. Hatari Signs 100 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
19. Spring Gates 9 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
20. PVS Pipes 25 30 KWS 3WEEKS 4WEEK
MM Dia [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
21. Joint Clamps 1025 KWS 3WEEKS WEEKS
[Link]
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
22. Flood Gate 4 KWS 4WEEKS 4WEEK
Controller [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
23. Barbed Wire 5 KWS 3WEEKS 5WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
24. Single Strainer 2 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
25. Maun Cutting 4 KWS 3WEEKS 4WEEK
Plier [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
26. Fence Compass 2 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
27. Digital 2 KWS 3WEEKS 4WEEK
Voltmeter [Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
28. Cement 150 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
29. River Sand 56 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
30. Ballasts 88 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
31. Uni Huts 4 KWS 3WEEKS 4WEEK
[Link] S
AMEGA
NATIONAL
RESERVE
HQ
BUYANGU
Detailed Technical Specifications and Standards
Section V - Schedule of Requirements

Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the Tendering document by the Procuring Entity, and shall cover, at a minimum, a
description of the goods and services to be supplied and the delivery schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable tenderers to prepare their Tenders efficiently and
accurately, in particular, the Price Schedule, for which a form is provided in Section IV. In addition, the Schedule of Requirements, together
with the Price Schedule, should serve as a basis in the event of quantity variation at the time of award of contract pursuant to ITT 42.1.

The date or period for delivery should be carefully specified, taking into account (a) the implications of delivery terms stipulated in the
Instructions to tenderers pursuant to the Incoterms rules that “delivery” takes place when goods are delivered to the final place of delivery,
and (b) the date prescribed herein from which the Procuring Entity's delivery obligations start (i.e., notice of award, contract signature, opening
or confirmation of the letter of credit).
 Goods and Delivery Schedule
[The Procuring Entity shall fill in this table, with the exception of the column “Tenderer's offered Delivery date” to be filled by the tenderer]

54
55
PART 3 - CONDITIONS OF CONTRACT AND CONTRACT FORMS
SECTION VI - GENERAL CONDITIONS OF CONTRACT

1. Definitions

In the Conditions of Contract (“these Conditions”), which include Special Conditions, Parts
A and B, and these General Conditions, the following words and expressions shall have
the meanings stated. Words indicating persons or parties include corporations and other
legal entities, except where the context requires otherwise.

a) “Contract” means the Contract Agreement entered into between the Procuring Entity
and the Supplier, together with the Contract Documents referred to therein, including
all attachments, appendices, and all documents incorporated by reference therein.

b) “Contract Documents” means the documents listed in the Contract Agreement,

including any amendments thereto.

c) “Contract Price” means the price payable to the Supplier as specified in the Contract
Agreement, subject to such additions and adjustments thereto or deductions therefrom,
as may be made pursuant to the Contract.

d) “Day” means calendar day.

e) “Completion” means the fulfilment of the Related Services by the Supplier in

accordance with the terms and conditions set forth in the Contract.

f) “GCC” means the General Conditions of Contract.

g) “Goods” means all of the commodities, raw material, machinery and equipment,
and/or other materials that the Supplier is required to supply to the Procuring Entity
under the Contract.

h) “Procuring Entity” means the Procuring Entity purchasing the Goods and Related
Services, as specified in the SCC.

i) “Related Services” means the services incidental to the supply of the goods, such as
insurance, delivery, installation, commissioning, training and initial maintenance and
other such obligations of the Supplier under the Contract.

j) “SCC” means the Special Conditions of Contract.

k) “Subcontractor” means any person, private or government entity, or a combination of

the above, to whom any part of the Goods to be supplied or execution of any part
of the Related Services is subcontracted by the Supplier.

l) “Supplier” means the person, private or government entity, or a combination of the

above, whose Tender to perform the Contract has been accepted by the Procuring
Entity and is named as such in the Contract Agreement.

m) “Base Date” means a date 30 day prior to the submission of tenders.

n) “Laws” means all national legislation, statutes, ordinances, and regulations and by-
laws of any legally constituted public authority.

o) “Letter of Acceptance” means the letter of formal acceptance, signed by the

contractor. Procuring Entity, including any annexed memoranda comprising
agreements between and signed by both Parties.

p) “Procuring Entity” means the Entity named in the Special Conditions of Contract.
2. Interpretation

2.1. If the context so requires it, singular means plural and vice versa.

2.2. Incoterms
a) Unless inconsistent with any provision of the Contract, the meaning of any trade
term and the rights and obligations of parties thereunder shall be as prescribed by
Incoterms specified in the SCC.
b) The terms EXW and CIP and other similar terms, when used, shall be governed by
the rules prescribed in the current edition of Incoterms specified in the SCC and
published by the International Chamber of Commerce in Paris, France.

3. Contract Documents

Subject to the order of precedence set forth in the Contract Agreement, all documents
forming the Contract (and all parts thereof) are intended to be correlative, complementary,
and mutually explanatory. The Contract Agreement shall be read as a whole. The documents
forming the Contract shall be interpreted in the following order of priority:
a) the Contract Agreement,
b) the Letter of Acceptance,
c) the General Conditions of Contract
d) Special Conditions of Contract
e) the Form of Tender,
f) the Specifications and Schedules of the Drawings (if any), and
g) the Schedules of Requirements, Price Schedule and any other documents forming part
of the Contract.

4. Fraud and Corruption

3.1 The supplier shall comply with anti-corruption laws and guidelines and the prevailing
sanctions, policies and procedures as set forth in the Laws of Kenya.

3.2 The Supplier shall disclose any commissions, gratuity or fees that may have been paid or
are to be paid to agents or any other person with respect to the Tendering process or
execution of the Contract. The information disclosed must include at least the name and
address of the agent or other party, the amount and currency, and the purpose of the
commission, gratuity or fee.

4.1 Entire Agreement

4.3.1 The Contract constitutes the entire agreement between the Procuring Entity and the
Supplier and supersedes all communications, negotiations and agreements (whether written
or oral) of the parties with respect thereto made prior to the date of Contract.

4.2 Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is

dated, expressly refers to the Contract, and is signed by a duly authorized representative
of each party thereto.

4.3 Non-waiver

a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or

indulgence by either party in enforcing any of the terms and conditions of the
Contract or the granting of time by either party to the other shall prejudice, affect,
or restrict the rights of that party under the Contract, neither shall any waiver by
 either party of any breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.

b) Any waiver of a party's rights, powers, or remedies under the Contract must be in
writing, dated, and signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.

4.4 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or

unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity
or enforceability of any other provisions and conditions of the Contract.
5. Language

5.1 The Contract as well as all correspondence and documents relating to the Contract
exchanged by the Supplier and the Procuring Entity, shall be written in the English
Language. Supporting documents and printed literature that are part of the Contract may
be in another language provided they are accompanied by an accurate and certified
translation of the relevant passages in the English Language, in which case, for purposes
of interpretation of the Contract, the English language is translation shall govern.

5.2 The Supplier shall bear all costs of translation to the governing language and all risks of
the accuracy of such translation, for documents provided by the Supplier.

6. Joint Venture, Consortium or Association

6.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be
jointly and severally liable to the Procuring Entity for the fulfilment of the provisions of
the Contract and shall designate one member of the joint venture, consortium, or
association to act as a leader with authority to bind the joint venture, consortium, or
association. The composition or the constitution of the joint venture, consortium, or
association shall not be altered without the prior written consent of the Procuring Entity.

7. Eligibility

7.1 The Supplier and its Subcontractors shall have the nationality of an eligible country. A
Supplier or Sub- contractor shall be deemed to have the nationality of a country if it is a
citizen or constituted, incorporated, or registered, and operates in conformity with the
provisions of the laws of that country.

7.2 All Goods and Related Services to be supplied under the Contract shall have their origin
in Eligible Countries. For the purpose of this Clause, origin means the country where the
goods have been grown, mined, cultivated, produced, manufactured, or processed; or
through manufacture, processing, or assembly, another commercially recognized article
results that differs substantially in its basic characteristics from its components.

7.3 The Tenderer, if a Kenyan firm, must submit with its tender a valid tax compliance
certificate from the Kenya Revenue Authority.

8. Notices
8.1 Any notice given by one party to the other pursuant to the Contract shall be in writing
to the address specified in the SCC. The term “in writing” means communicated in
written form with proof of receipt.
8.2 A notice shall be effective when delivered or on the notice's effective date, whichever is
later.

9. Governing Law
9.1 The Contract shall be governed by and interpreted in accordance with the laws of Kenya.
9.2 Throughout the execution of the Contract, the Supplier shall comply with the import of
goods and services prohibitions in Kenya:
a) where, as a matter of law, compliance or official regulations, Kenya prohibits
commercial relations with that country or any import of goods from that country or
any payments to any country, person, or entity in 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 from that country or any payments to any country, person, or
entity.

10. Settlement of Disputes

10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably by
direct negotiation any disagreement or dispute arising between them under or in
connection with the Contract.
10.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by
such mutual consultation, then either the Procuring Entity or the Supplier may give notice
to the other party of its intention to commence arbitration, as hereinafter provided, as to
the matter in dispute, and no arbitration in respect of this matter may be commenced
unless such notice is given. Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with this Clause shall be
finally settled by arbitration. Arbitration may be commenced prior to or after delivery of
the Goods under the Contract.

10.2 Arbitration proceedings shall be conducted as follows:

10.2.1 Any claim or dispute between the Parties arising out of or in connection with the
Contract not settled amicably in accordance with Sub-Clause 10.1 shall be finally settled
by arbitration.
10.2.2 No arbitration proceedings shall be commenced on any claim or dispute where notice of
a claim or dispute has not been given by the applying party within thirty days of the
occurrence or discovery of the matter or issue giving rise to the dispute.
10.2.3 Notwithstanding the issue of a notice as stated above, the arbitration of such a claim or
dispute shall not commence unless an attempt has in the first instance been made by the
parties to settle such claim or dispute amicably with or without the assistance of third
parties. Proof of such attempt shall be required.
10.2.4 The Arbitrator shall, without prejudice to the generality of his powers, have powers to
direct such measurements, computations, or valuations as may in his opinion be desirable
in order to determine the rights of the parties and assess and award any sums which
ought to have been the subject of or included in any due payments.
10.2.5 Neither Party shall be limited in the proceedings before the arbitrators to the evidence, or
to the reasons for the dispute given in its notice of a claim or dispute.
10.2.6 Arbitration may be commenced prior to or after delivery of the goods. The obligations of
the Parties shall not be altered by reason of any arbitration being conducted during the
progress of the delivery of goods.
10.2.7 The terms of the remuneration of each or all the members of Arbitration shall be
mutually agreed upon by the Parties when agreeing the terms of appointment. Each Party
shall be responsible for paying one-half of this remuneration.

10.3 Arbitration Proceedings

10.3.1 Arbitration proceedings with national suppliers will be conducted in accordance with the
Arbitration Laws of Kenya. In case of any claim or dispute, such claim or dispute shall
be notified in writing by either party to the other with a request to submit it to
arbitration and to concur in the appointment of an Arbitrator within thirty days of the
 notice. The dispute shall be referred to the arbitration and final decision of a person or
persons to be agreed between the parties. Failing agreement to concur in the appointment
of an Arbitrator, the Arbitrator shall be appointed, on the request of the applying party,
by the Chairman or Vice Chairman of any of the following professional institutions;
i) Kenya National Chamber of Commerce
ii) Chartered Institute of Arbitrators (Kenya Branch)
iii) The Law Society of Kenya

10.3.2 The institution written to first by the aggrieved party shall take precedence over all other
institutions.

10.3.3 Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for International
Arbitration (NCIA) which offers a neutral venue for the conduct of national and
international arbitration with commitment to providing institutional support to the arbitral
process.

10.4 Arbitration with Foreign Suppliers

10.4.1 Arbitration with foreign suppliers shall be conducted in accordance with the arbitration
rules of the United Nations Commission on International Trade Law (UNCITRAL); or
with proceedings administered by the International Chamber of Commerce (ICC) and
conducted under the ICC Rules of Arbitration; by one or more arbitrators appointed in
accordance with said arbitration rules.
10.4.2 The place of arbitration shall be a location specified in the SCC; and the arbitration
shall be conducted in the language for communications defined in Sub-Clause 1.4 [Law
and Language].

10.5 Alternative Arbitration Proceedings

Alternatively, the Parties may refer the matter to the Nairobi Centre for International
Arbitration (NCIA) which offers a neutral venue for the conduct of national and
international arbitration with commitment to providing institutional support to the arbitral
process.

10.6 Failure to Comply with Arbitrator’s Decision

10.6.1 The award of such Arbitrator shall be final and binding upon the parties.
10.6.1 In the event that a Party fails to comply with a final and binding Arbitrator's decision, then
the other Party may, without prejudice to any other rights it may have, refer the matter to
a competent court of law.

10.7 Contract operations continue

Notwithstanding any reference to arbitration herein,
a) the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree; and
b) the Procuring Entity shall pay the Supplier any monies due the Supplier.

11. Inspections and Audit by the Procuring Entity

11.1 The Supplier shall keep, and shall cause its Subcontractors to keep, accurate and
systematic accounts and records in respect of the Goods in such form and details as will
clearly identify relevant time, changes and costs.

11.2 Pursuant to paragraph 2.2 of Instruction to Tenderers, the Supplier shall permit and shall
cause its subcontractors to permit, the Procuring Entity and/or persons appointed by the
Procuring Entity or by other statutory bodies of the Government to inspect the Site
and/or the accounts and records relating to the procurement process, selection and/or
contract execution, and to have such accounts and records audited by auditors appointed
by the Procuring Entity. The Supplier's and its Subcontractors' attention is drawn to Sub-
Clause 3.1 which provides, inter alia, that acts intended to materially impede the exercise
of the Procuring Entity's inspection and audit rights constitute a prohibited practice
subject to contract termination, as well as to a determination of ineligibility.

12. Scope of Supply

12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of
Requirements.

13. Delivery and Documents

13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the
Related Services shall be in accordance with the List of Goods and Delivery Schedule
specified in the Supply Requirements. The details of shipping and other documents to be
furnished by the Supplier are specified in the SCC.

14. Supplier’s Responsibilities

14.1 The Supplier shall supply all the Goods and Related Services included in the Scope of
Supply in accordance with GCC Clause 12, and the Delivery and Completion Schedule,
 as per GCC Clause 13.

15. Contract Price

15.1 Prices charged by the Supplier for the Goods supplied and the Related Services
performed under the Contract shall not vary from the prices quoted by the Supplier in its
Tender, with the exception of any price adjustments authorized in the SCC.

15.2 Where the contract price is different from the corrected tender price, in order to ensure
the supplier is not paid less or more relative to the contract price (which would be the
tender price), any partial payment valuation based on rates in the schedule of prices in
the Tender, will be adjusted by a plus or minus percentage. The percentage already
worked out during tender evaluation is worked out as follows: (corrected tender price –
tender price)/tender price X 100.

16. Terms of Payment

16.1 The Supplier shall request for payment by submitting invoice(s), delivery note(s) and any
other relevant documents as specified in the SCC to the Procuring Entity.
16.2 Payments shall be made promptly by the Procuring Entity, but not later than thirty (30)
days after submission of an invoice by the Supplier, and after the Procuring Entity has
accepted it.
16.3 Where a Procuring Entity rejects Goods and Related Services, in part or wholly, the
procuring Entity shall promptly inform the Supplier to collect, replace or rectify as
appropriate and give reasons for rejection. The Supplier shall submit a fresh invoice,
delivery note and any other relevant documents as specified in the SCC.
16.4 The currencies in which payments shall be made to the Supplier under this Contract
shall be those in which the Tender price is expressed.
16.5 In the event that the Procuring Entity fails to pay the Supplier any payment by its due
date or within the period set forth in the SCC, the Procuring Entity may pay to the
Supplier interest on the amount of such delayed payment at the rate shown in the SCC,
for the period of delay until payment has been made in full, whether before or after
judgment or arbitrage award.

17. Taxes and Duties

17.1 The Supplier shall be entirely responsible for all taxes, duties, license fees, and other such
levies incurred to deliver the Goods and Related Services to the Procuring Entity at the
final delivery point.

17.3 If any tax exemptions, reductions, allowances or privileges may be available to the
Supplier in Kenya, the Supplier shall inform the Procuring Entity and the Procuring
Entity shall use its best efforts to enable the Supplier to benefit from any such tax
savings to the maximum allowable extent.

18. Performance Security

18.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of
the notification of contract award, provide a performance security for the performance of
the Contract in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to the Procuring Entity as
compensation for any loss resulting from the Supplier's failure to complete its obligations
under the Contract.

18.3 As specified in the SCC, the Performance Security, if required, shall be denominated in
 the currency(ies) of the Contract, or in a freely convertible currency acceptable to the
Procuring Entity; and shall be in one of the formats stipulated by the Procuring Entity in
the SCC, or in another format acceptable to the Procuring Entity.

18.4 The Performance Security shall be discharged by the Procuring Entity and returned to the
Supplier not later than thirty (30) days following the date of Completion of the
Supplier's performance obligations under the Contract, including any warranty obligations,
unless specified otherwise in the SCC.

19. Copyright

19.1 The copyright in all drawings, documents, and other materials containing data and
information furnished to the Procuring Entity by the Supplier herein shall remain vested
in the Supplier, or, if they are furnished to the Procuring Entity directly or through the
Supplier by any third party, including suppliers of materials, the copyright in such
materials shall remain vested in such third party.

20. Confidential Information

20.1 The Procuring Entity and the Supplier shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any documents, data,
or other information furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been furnished prior to,
during or following completion or termination of the Contract. Notwithstanding the above,
the Supplier may furnish to its Sub-Supplier such documents, data, and other information
it receives from the Procuring Entity to the extent required for the Sub Supplier to
perform its work under the Contract, in which event the Supplier shall obtain from such
Sub Supplier undertaking of confidentiality similar to that imposed on the Supplier under
GCC Clause 20.

20.2 The Procuring Entity shall not use such documents, data, and other information received
from the Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall
not use such documents, data, and other information received from the Procuring Entity
for any purpose other than the performance of the Contract.

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall
not apply to information that:
a) the Procuring Entity or Supplier need to share with other arms of Government or
other bodies participating in the financing of the Contract; such parties shall de
disclosed in the SCC;
b) now or hereafter enters the public domain through no fault of that party;
c) can be proven to have been possessed by that party at the time of disclosure and
which was not previously obtained, directly or indirectly, from the other party; or
d) otherwise lawfully becomes available to that party from a third party that has no
obligation of confidentiality.

20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking
of confidentiality given by either of the parties hereto prior to the date of the Contract
in respect of the Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or termination, for whatever
reason, of the Contract.

21. Subcontracting

21.1 The Supplier shall notify the Procuring Entity in writing of all subcontracts awarded
under the Contract if not already specified in the Tender. Such notification, in the
 original Tender or later shall not relieve the Supplier from any of its obligations, duties,
responsibilities, or liability under the Contract.

21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.

22. Specifications and Standards

22.1 Technical Specifications and Drawings

a) The Goods and Related Services supplied under this Contract shall conform to the
technical specifications and standards mentioned in Section VI, Schedule of
Requirements and, when no applicable standard is mentioned, the standard shall be
equivalent or superior to the official standards whose application is appropriate to the
Goods' country of origin.
b) The Supplier shall be entitled to disclaim responsibility for any design, data,
drawing, specification or other document, or any modification thereof provided or
designed by or on behalf of the Procuring Entity, by giving a notice of such
disclaimer to the Procuring Entity.
c) Wherever references are made in the Contract to codes and standards in accordance
with which it shall be executed, the edition or the revised version of such codes and
standards shall be those specified in the Schedule of Requirements. During Contract
execution, any changes in any such codes and standards shall be applied only after
approval by the Procuring Entity and shall be treated in accordance with GCC
Clause 33.

23. Packing and Documents

23.1 The Supplier shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
Contract. During transit, the packing shall be sufficient to withstand, without limitation,
rough handling and exposure to extreme temperatures, salt and precipitation, and open
storage. Packing case size and weights shall take into consideration, where appropriate,
the remoteness of the goods' final destination and the absence of heavy handling facilities
at all points in transit.
23.2 The packing, marking, and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the Contract,
including additional requirements, if any, specified in the SCC, and in any other
instructions ordered by the Procuring Entity.

24. Insurance

24.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be
fully insured—in a freely convertible currency from an eligible country—against loss or
damage incidental to manufacture or acquisition, transportation, storage, and delivery, in
accordance with the applicable Incoterms or in the manner specified in the SCC.

25. Transportation and Incidental Services

25.1 Unless otherwise specified in the SCC, responsibility for arranging transportation of the
Goods shall be in accordance with the specified Incoterms.

25.2 The Supplier may be required to provide any or all of the following services, including
additional services, if any, specified in SCC:
a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;
b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;
c) furnishing of a detailed operations and maintenance manual for each appropriate unit
 of the supplied Goods;
d) performance or supervision or maintenance and/or repair of the supplied Goods, for
a period of time agreed by the parties, provided that this service shall not relieve
the Supplier of any warranty obligations under this Contract; and
e) training of the Procuring Entity's personnel, at the Supplier's plant and/or on-site, in
assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

25.3 Prices charged by the Supplier for incidental services, if not included in the Contract
Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed
the prevailing rates charged to other parties by the Supplier for similar services

26. Inspections and Tests

26.1 The Supplier shall at its own expense and at no cost to the Procuring Entity carry out
all such tests and/or inspections of the Goods and Related Services as are specified in
the SCC.

26.2 The inspections and tests may be conducted on the premises of the Supplier or its
Subcontractor, at point of delivery, and/or at the Goods' final destination, or in another
place in Kenya as specified in the SCC. Subject to GCC Sub-Clause 26.3, if conducted
on the premises of the Supplier or its Subcontractor, all reasonable facilities and
assistance, including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Procuring Entity.

26.3 The Procuring Entity or its designated representative shall be entitled to attend the tests
and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity
bear all of its own costs and expenses incurred in connection with such attendance
including, but not limited to, all travelling and board and lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a
reasonable advance notice, including the place and time, to the Procuring Entity. The
Supplier shall obtain from any relevant third party or manufacturer any necessary
permission or consent to enable the Procuring Entity or its designated representative to
attend the test and/or inspection.

26.5 The Procuring Entity may require the Supplier to carry out any test and/or inspection not
required by the Contract but deemed necessary to verify that the characteristics and
performance of the Goods comply with the technical specifications codes and standards
under the Contract, provided that the Supplier's reasonable costs and expenses incurred in
the carrying out of such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress of manufacturing and/or the
Supplier's performance of its other obligations under the Contract, due allowance will be
made in respect of the Delivery Dates and Completion Dates and the other obligations so
affected.

26.6 The Supplier shall provide the Procuring Entity with a report of the results of any such test
and/or inspection.

26.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test
and/or inspection or do not conform to the specifications. The Supplier shall either rectify
or replace such rejected Goods or parts thereof or make alterations necessary to meet the
specifications at no cost to the Procuring Entity, and shall repeat the test and/or
inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC
Sub- Clause 26.4.

26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods
or any part thereof, nor the attendance by the Procuring Entity or its representative, nor
 the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from
any warranties or other obligations under the Contract.

27. Liquidated Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails to deliver any or all of
the Goods by the Date(s) of delivery or perform the Related Services within the period
specified in the Contract, the Procuring Entity may without prejudice to all its other
remedies under the Contract, deduct from the Contract Price, as liquidated damages, a
sum equivalent to the percentage specified in the SCC of the delivered price of the
delayed Goods or unperformed Services for each week or part thereof of delay until
actual delivery or performance, up to a maximum deduction of the percentage specified
in those SCC. Once the maximum is reached, the Procuring Entity may terminate the
Contract pursuant to GCC Clause 35.

28. Warranty

28.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or
current models, and that they incorporate all recent improvements in design and materials,
unless provided otherwise in the Contract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be
free from defects arising from any act or omission of the Supplier or arising from
design, materials, and workmanship, under normal use in the conditions prevailing in the
country of final destination.

28.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12)
months after the Goods, or any portion thereof as the case may be, have been delivered
to and accepted at the final destination indicated in the SCC, or for eighteen (18)
months after the date of shipment from the port or place of loading in the country of
origin, whichever period concludes earlier.

28.4 The Procuring Entity shall give notice to the Supplier stating the nature of any such
defects together with all available evidence thereof, promptly following the discovery
thereof. The Procuring Entity shall afford all reasonable opportunity for the Supplier to
inspect such defects.

28.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC,
expeditiously repair or replace the defective Goods or parts thereof, at no cost to the
Procuring Entity.

28.6 If having been notified, the Supplier fails to remedy the defect within the period
specified in the SCC, the Procuring Entity may proceed to take within a reasonable
period such remedial action as may be necessary, at the Supplier's risk and expense and
without prejudice to any other rights which the Procuring Entity may have against the
Supplier under the Contract.

29. Patent Indemnity

29.1 The Supplier shall, subject to the Procuring Entity's compliance with GCC Sub-Clause
29.2, indemnify and hold harmless the Procuring Entity and its employees and officers
from and against any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of any nature, including attorney's fees
and expenses, which the Procuring Entity may suffer as a result of any infringement or
alleged infringement of any patent, utility model, registered design, trademark, copyright,
or other intellectual property right registered or otherwise existing at the date of the
Contract by reason of:
a) the installation of the Goods by the Supplier or the use of the Goods in the country
 where the Site is located; and
b) the sale in any country of the products produced by the Goods.

Such indemnity shall not cover any use of the Goods or any part thereof other than
for the purpose indicated by or to be reasonably inferred from the Contract, neither
any infringement resulting from the use of the Goods or any part thereof, or any
products produced thereby in association or combination with any other equipment,
plant, or materials not supplied by the Supplier, pursuant to the Contract.

29.2 If any proceedings are brought or any claim is made against the Procuring Entity arising
out of the matters referred to in GCC Sub-Clause 29.1, the Procuring Entity shall
promptly give the Supplier a notice thereof, and the Supplier may at its own expense
and in the Procuring Entity's name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.

29.3 If the Supplier fails to notify the Procuring Entity within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such proceedings or claim, then the
Procuring Entity shall be free to conduct the same on its own behalf.

29.4 The Procuring Entity shall, at the Supplier's request, afford all available assistance to the
Supplier in conducting such proceedings or claim, and shall be reimbursed by the
Supplier for all reasonable expenses incurred in so doing.

29.5 The Procuring Entity shall indemnify and hold harmless the Supplier and its employees,
officers, and Subcontractors from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any nature,
including attorney's fees and expenses, which the Supplier may suffer as a result of any
infringement or alleged infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right registered or otherwise existing at
the date of the Contract arising out of or in connection with any design, data, drawing,
specification, or other documents or materials provided or designed by or on behalf of
the Procuring Entity.

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

a) the Supplier shall not be liable to the Procuring Entity, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that this exclusion shall not apply
to any obligation of the Supplier to pay liquidated damages to the Procuring Entity, and

b) the aggregate liability of the Supplier to the Procuring Entity, whether under the
Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this
limitation shall not apply to the cost of repairing or replacing defective equipment, or to
any obligation of the supplier to indemnify the Procuring Entity with respect to patent
infringement.

31. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 30 days prior to date of
Tender submission, any law, regulation, ordinance, order or bylaw having the force of
law is enacted, promulgated, abrogated, or changed in Kenya (which shall be deemed to
include any change in interpretation or application by the competent authorities) that
subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date
and/or Contract Price shall be correspondingly increased or decreased, to the extent that
the Supplier has thereby been affected in the performance of any of its obligations under
the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be
 separately paid or credited if the same has already been accounted for in the price
adjustment provisions where applicable, in accordance with GCC Clause 15.

32. Force Majeure

32.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated
damages, or termination for default if and to the extent that its delay in performance or
other failure to perform its obligations under the Contract is the result of an event of
Force Majeure.
32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the
control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due
to negligence or lack of care on the part of the Supplier. Such events may include, but
not be limited to, acts of the Procuring Entity in its sovereign capacity, wars or
revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Procuring
Entity in writing of such condition and the cause thereof. Unless otherwise directed by
the Procuring Entity in writing, the Supplier shall continue to perform its obligations
under the Contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.

33. Change Orders and Contract Amendments

33.1 The Procuring Entity may at any time order the Supplier through notice in accordance
GCC Clause 8, to make changes within the general scope of the Contract in any one or
more of the following:
a) drawings, designs, or specifications, where Goods to be furnished under the Contract
are to be specifically manufactured for the Procuring Entity;
b) the method of shipment or packing;
c) the place of delivery; and
d) the Related Services to be provided by the Supplier.

33.2 If any such change causes an increase or decrease in the cost of, or the time required
for, the Supplier's performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule,
or both, and the Contract shall accordingly be amended. Any claims by the Supplier for
adjustment under this Clause must be asserted within twenty-eight (28) days from the
date of the Supplier's receipt of the Procuring Entity's change order.

33.3 Prices to be charged by the Supplier for any Related Services that might be needed but
which were not included in the Contract shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged to other parties by the Supplier for
similar services.

33.4 Value Engineering: The Supplier may prepare, at its own cost, a value engineering
proposal at any time during the performance of the contract. The value engineering
proposal shall, at a minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract
requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and
estimate of costs (including life cycle costs) the Procuring Entity may incur in
implementing the value engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.
33.5 The Procuring Entity may accept the value engineering proposal if the proposal demonstrates
benefits that:
a) accelerates the delivery period; or
b) reduces the Contract Price or the life cycle costs to the Procuring Entity; or
c) improves the quality, efficiency or sustainability of the Goods; or
d) yields any other benefits to the Procuring Entity, without compromising the necessary
functions of the Facilities.

33.6 If the value engineering proposal is approved by the Procuring Entity and results in:
a) a reduction of the Contract Price; the amount to be paid to the Supplier shall be the
percentage specified in the SCC of the reduction in the Contract Price; or
b) an increase in the Contract Price; but results in a reduction in life cycle costs due to
any benefit described in
(a) to (d) above, the amount to be paid to the Supplier shall be the full increase in the
Contract Price.

33.7 Subject to the above, no variation in or modification of the terms of the Contract shall
be made except by written amendment signed by the parties.
34. Extensions of Time

34.1 If at any time during performance of the Contract, the Supplier or its subcontractors
should encounter conditions impeding timely delivery of the Goods or completion of
Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the
Procuring Entity in writing of the delay, its likely duration, and its cause. As soon as
practicable after receipt of the Supplier's notice, the Procuring Entity shall evaluate the
situation and may at its discretion extend the Supplier's time for performance, in which
case the extension shall be ratified by the parties by amendment of the Contract.

34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the
Supplier in the performance of its Delivery and Completion obligations shall render the
Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 26,
unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.

35. Termination

35.1 Termination for Default

a) The Procuring Entity, without prejudice to any other remedy for breach of Contract,
by written notice of default sent to the Supplier, may terminate the Contract in
whole or in part:
i) if the Supplier fails to deliver any or all of the Goods within the period
specified in the Contract, or within any extension thereof granted by the
Procuring Entity pursuant to GCC Clause 34;
ii) if the Supplier fails to perform any other obligation under the Contract; or
iii) if the Supplier, in the judgment of the Procuring Entity has engaged in Fraud
and Corruption, as defined in paragraph 2.2 a of the Appendix to the GCC, in
competing for or in executing the Contract.
b) In the event the Procuring Entity terminates the Contract in whole or in part,
pursuant to GCC Clause 35.1(a), the Procuring Entity may procure, upon such terms
and in such manner as it deems appropriate, Goods or Related Services similar to
those undelivered or not performed, and the Supplier shall be liable to the Procuring
Entity for any additional costs for such similar Goods or Related Services. However,
the Supplier shall continue performance of the Contract to the extent not terminated.

35.2 Termination for Insolvency.

 The Procuring Entity may at any time terminate the Contract by giving notice to the
Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such event,
termination will be without compensation to the Supplier, provided that such termination
will not prejudice or affect any right of action or remedy that has accrued or will accrue
thereafter to the Procuring Entity

35.2 Termination for Convenience.

a) The Procuring Entity, by notice sent to the Supplier, may terminate the Contract, in
whole or in part, at any time for its convenience. The notice of termination shall
specify that termination is for the Procuring Entity's convenience, the extent to
which performance of the Supplier under the Contract is terminated, and the date
upon which such termination becomes effective.
b) The Goods that are complete and ready for shipment within twenty-eight (28) days
after the Supplier's receipt of notice of termination shall be accepted by the
Procuring Entity at the Contract terms and prices. For the remaining Goods, the
Procuring Entity may elect:
i) to have any portion completed and delivered at the Contract terms and prices;
and/or
ii) to cancel the remainder and pay to the Supplier an agreed amount for partially
completed Goods and Related Services and for materials and parts previously
procured by the Supplier.
36. Assignment

36.1 Neither the Procuring Entity nor the Supplier shall assign, in whole or in part, their
obligations under this Contract, except with prior written consent of the other party.

37. Export Restriction

37.1 Notwithstanding any obligation under the Contract to complete all export formalities, any
export restrictions attributable to the Procuring Entity, to Kenya, or to the use of the
products/goods, systems or services to be supplied, which arise from trade regulations
from a country supplying those products/goods, systems or services, and which
substantially impede the Supplier from meeting its obligations under the Contract, shall
release the Supplier from the obligation to provide deliveries or services, always
provided, however, that the Supplier can demonstrate to the satisfaction of the Procuring
Entity that it has completed all formalities in a timely manner, including applying for
permits, authorizations and licenses necessary for the export of the products/goods,
systems or services under the terms of the Contract. Termination of the Contract on this
basis shall be for the Procuring Entity's convenience pursuant to Sub-Clause 35.3.
 SECTION VII - SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement and/or amend the General
Conditions of Contract (GCC).Whenever there is a conflict, the provisions herein shall prevail
over those in the GCC.

[The Procuring Entity shall select insert the appropriate wording using the samples below or
other acceptable wording, and delete the text in italics].

SECTION VII - SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement and / or amend the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over
those in the GCC.

[The Procuring Entity shall select insert the appropriate wording using the samples below or other
acceptable wording, and delete the text in italics]

Number of Amendments of, and Supplements to, Clauses in the General Conditions of
GC Clause Contract
GCC 1.1(h) The Procuring Entity is: County Government of Kakamega
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the
meaning of any trade term and the rights and obligations of the parties thereunder
shall not be as prescribed by Incoterms, they shall be as prescribed by:
[exceptional; refer to other internationally accepted trade terms]
GCC 4.2 (b) The version edition of Incoterms shall be INCOTERMS 2015
GCC 8.1 For notices, the Procuring Entity’s address shall be:
Attention: chief officer
Postal address: 36 kakamega
Physical Address: kotecha building 2nd floor
Telephone: N/A
Electronic mail address: N/A
GCC 10.4.2 The place of arbitration shall be -----------N/A---------- (specify City and Country).
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are
[insert the required documents, such as a negotiable bill of lading, a non-
negotiable sea way bill, an airway bill, a railway consignment note, a road
consignment note, insurance certificate, Manufacturer’s or Supplier’s warranty
certificate, inspection certificate issued by nominated inspection agency,
Supplier’s factory shipping details etc.].

The above documents shall be received by the Procuring Entity before arrival of
the Goods and, if not received, the Supplier will be responsible for any consequent
expenses.
GCC 15.1 The prices charged for the Goods supplied and the related Services performed
[insert “shall” or “shall not,” as appropriate] be adjustable.

If prices are adjustable, the following method shall be used to calculate the price
adjustment [see attachment to these SCC for a sample Price Adjustment Formula]
GCC 16.1 Sample provision

GCC 16.1—The method and conditions of payment to be made to the Supplier

under this Contract shall be as follows:

A. Payment for Goods supplied from abroad:

Payment of foreign currency portion shall be made in N/A in the following
 manner:

(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid
within thirty (30) days of signing of the Contract, and upon submission of claim
and a bank guarantee for equivalent amount valid until the Goods are delivered
and, in the form, provided in the Tendering document or another form acceptable
to the Procuring Entity.

(ii) On Shipment: Eighty (80) percent of the Contract Price of the Goods
shipped shall be paid through irrevocable confirmed letter of credit opened in
favour of the Supplier in a bank in its country, upon submission of documents
specified in GCC Clause 12.

(iii) On Acceptance: Ten (10) percent of the Contract Price of Goods received
shall be paid within thirty (30) days of receipt of the Goods upon submission of
claim supported by the acceptance certificate issued by the Procuring Entity.

B. Payment of local currency portion of a foreign Supplier shall be made in

Kenya shillings within thirty (30) days of presentation of claim supported by a
certificate from the Procuring Entity declaring that the Goods have been delivered
and that all other contracted Services have been performed.
C. Payment for Goods and Services supplied from within Kenya:

Payment for Goods and Services supplied from within Kenya shall be made in
__KSH___, as follows:.
GCC 16.5
GCC 18.1 A Performance Security

[If a Performance Security is required, insert “the amount of the Performance

Security shall be: [1,100,000]

[The amount of the Performance Security is usually expressed as a percentage of

the Contract Price. The percentage varies according to the Procuring Entity’s
perceived risk and impact of non-performance by the Supplier. A 10% percentage
is used under normal circumstances]
GCC 18.3 If required, the Performance Security shall be in the form of: a Performance
Bond”

If required, the Performance security shall be denominated in N/A

GCC 18.4 Discharge of the Performance Security shall take place: N/A
GCC 23.2 The packing, marking and documentation within and outside the packages shall
be: N/A
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows:
N/A
GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the
Incoterms.

If not in accordance with Incoterms, responsibility for transportations shall be as

follows:

The supplier will be required to transport the goods to BUKHUNHU STADIUM

GCC 25.2 Incidental services to +be provided are:
N/A
GCC 26.1 The inspections and tests shall be: done immediately after delivery
GCC 26.2 The Inspections and tests shall be conducted at: KWS OFFICES KAKAMEGA
NATIONAL RESERVE HQ BUYANGU
GCC 27.1 The liquidated damage shall be: N/A % per week
GCC 27.1 The maximum amount of liquidated damages shall be N/A
GCC 28.3
The period of validity of the Warranty shall be: 1 YEAR
For purposes of the Warranty, the place(s) of final destination(s) shall be:
Sub-counties

Sample provision

GCC 28.3—In partial modification of the provisions, the warranty period shall be
_____ hours of operation or _____ months from date of acceptance of the Goods
or (_____) months from the date of shipment, whichever occurs earlier. The
Supplier shall, in addition, comply with the performance and/or consumption
guarantees specified under the Contract. If, for reasons attributable to the
Supplier, these guarantees are not attained in whole or in part, the Supplier shall,
at its discretion, either:

(a) make such changes, modifications, and/or additions to the Goods or any part
thereof as may be necessary in order to attain the contractual guarantees specified
in the Contract at its own cost and expense and to carry out further performance
tests in accordance with GCC 26.7,

or

(b) pay liquidated damages to the Procuring Entity with respect to the
failure to meet the contractual guarantees. The rate of these liquidated damages
shall be (______).

[The rate should be higher than the adjustment rate used in the Tender evaluation
under TDS 34.6(f)]
GCC 28.5, The period for repair or replacement shall be: 1 year
GCC 28.6
GCC 33.6 If the value engineering proposal is approved by the Procuring Entity the amount
to be paid to the Supplier shall be ___% (N/A)

The percentage is normally up to 50%) of the reduction in the Contract Price.

SECTION VIII - CONTRACT FORMS

This Section contains forms which, once completed, will form part of the Contract. The forms
for Performance Security and Advance Payment Security, when required, shall only be
completed by the successful tenderer after contract award.
FORM No. 1: NOTIFICATION OF INTENTION TO AWARD

This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender.
Send this Notification to the Tenderer's Authorized Representative named in the Tender
Information Form on the format below.
---------------------------------------------------------------------------------------------------------------------------------
----------

FORMAT

1. For the attention of Tenderer's Authorized Representative

I) Name: [insert Authorized Representative's name]

ii) Address: [insert Authorized Representative's Address]

iii) Telephone: [insert Authorized Representative's telephone/fax numbers]

iv) Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The
Notification must be sent to all Tenderers simultaneously. This means on the same date and
as close to the same time as possible.]

2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

I) Employer: [insert the name of the Employer]

ii) Project: [insert name of project]

iii) Contract title: [insert the name of the contract]

iv) Country: [insert country where ITT is issued]

v) ITT No: [insert ITT reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to

award the above contract. The transmission of this Notification begins the Standstill Period.
During the Standstill Period, you may:

4. Request a debriefing in relation to the evaluation of your tender

Submit a Procurement-related Complaint in relation to the decision to award the contract.

a) The successful tenderer

i) Name of successful Tender

ii) Address of the successful Tender

iii) Contract price of the successful Tender Kenya Shillings (in words
)

b) Other Tenderers
 Names of all Tenderers that submitted a Tender. If the Tender's price was evaluated include
the evaluated price as well as the Tender price as read out. For Tenders not evaluated,
give one main reason the Tender was unsuccessful.

S/No Name of Tender Tender Price Tender’s One Reason Why Not
. as read out evaluated price Evaluated
(Note a)
1
2
3
4
5

(Note a) State NE if not evaluated

5. How to request a debriefing

a) DEADLINE: The deadline to request a debriefing expires at midnight on [insert date]
(local time).
b) You may request a debriefing in relation to the results of the evaluation of your
Tender. If you decide to request a debriefing your written request must be made
within three (5) Business Days of receipt of this Notification of Intention to Award.
c) Provide the contract name, reference number, name of the Tenderer, contact details;
and address the request for debriefing as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
ii) Agency: [insert name of Employer]
iii) Email address: [insert email address]
d) If your request for a debriefing is received within the 3 Days deadline, we will
provide the debriefing within five (3) Business Days of receipt of your request. If
we are unable to provide the debriefing within this period, the Standstill Period shall
be extended by five (3) Days after the date that the debriefing is provided. If this
happens, we will notify you and confirm the date that the extended Standstill Period
will end.
e) The debriefing may be in writing, by phone, video conference call or in person. We
shall promptly advise you in writing how the debriefing will take place and confirm
the date and time.
f) If the deadline to request a debriefing has expired, you may still request a
debriefing. In this case, we will provide the debriefing as soon as practicable, and
normally no later than fifteen (15) Days from the date of publication of the Contract
Award Notice.

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be
submitted by midnight, [insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details;
and address the Procurement-related Complaint as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
 iii) Agency: [insert name of Employer]
iv) Email address: [insert email address]
c) At this point in the procurement process, you may submit a Procurement-related
Complaint challenging the decision to award the contract. You do not need to have
requested, or received, a debriefing before making this complaint. Your complaint
must be submitted within the Standstill Period and received by us before the
Standstill Period ends.
d) Further information: For more information refer to the Public Procurement and
Disposals Act 2015 and its Regulations available from the Website [Link]
or email complaints@[Link].
 You should read these documents before preparing and submitting your complaint.
e) There are four essential requirements:
i) You must be an ‘interested party’. In this case, that means a Tenderer who submitted a
Tender in this tendering process, and is the recipient of a Notification of Intention to
Award.
ii) The complaint can only challenge the decision to award the contract.
iii) You must submit the complaint within the period stated above.
iv) You must include, in your complaint, all of the information required to support your
complaint.

7. Standstill Period
i) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
ii) The Standstill Period lasts ten (14) Days after the date of transmission of this
Notification of Intention to Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

If you have any questions regarding this Notification please do not hesitate to contact
us.

On behalf of the Employer:

Signature:

Name: Title/p
FORM NO. 2 - REQUEST FOR REVIEW

FORM FOR REVIEW (r.203 (1))

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………...……………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity of ……………dated
the…day of ………….20……….in the matter of Tender No………..…of …………..20….. for .........
(Tender description).
REQUEST FOR REVIEW
I/We……………………………,the above named Applicant(s), of address: Physical
address…………….P. O. Box No…………. Tel. No……..Email ……………, hereby request the Public
Procurement Administrative Review Board to review the whole/part of the above mentioned decision on
the following grounds , namely:
1.
2.
By this memorandum, the Applicant requests the Board for an order/orders that:
1.
2.
SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20……
___________________________________________________________________________
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board
on…………day of ………....20….………
SIGNED
Board Secretary
FORM NO. 3 LETTER OF AWARD

[Use letter head paper of the Procuring Entity]

[Date]

To: [name and address of the Supplier]

Subject: Notification of Award Contract No. . . . . . . . ..

This is to notify you that your Tender dated [insert date] for
execution of the [insert name of the contract and identification number, as given in
the SCC] for the Accepted Contract Amount of [insert amount in
numbers and words and name of currency], as corrected and modified in accordance with the
Instructions to tenderers is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 30 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included
in Section X, Contract Forms, of the Tendering document.

Authorized Signature: Name a

Attachment: Contract Agreement

FORM NO. 4 - CONTRACT AGREEMENT

[The successful tenderer shall fill in this form in accordance with the instructions indicated]

THIS AGREEMENT made the [insert: number] day of

[insert: month], [insert: year]. BETWEEN (1) [insert complete
name of Procuring Entity and having its principal place of business at [insert: address of
Procuring Entity] (hereinafter called “Procuring Entity”), of the one part; and (2)
[insert name of Supplier], a corporation incorporated under the laws of
[insert: country of Supplier] and having its principal place of business at [insert: address of
Supplier] (hereinafter called “the Supplier”), of the other part.

1. WHEREAS the Procuring Entity invited Tenders for certain Goods and ancillary services,
viz., [inser

i) In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.

ii) The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other contract documents.
a) the Letter of Acceptance
b) the Letter of Tender
c) the Addenda Nos. (if any)
d) Special Conditions of Contract
e) General Conditions of Contract
f) the Specification (including Schedule of Requirements and Technical Specifications)
g) the completed Schedules (including Price Schedules)
h) any other document listed in GCC as forming part of the Contract

iii) In consideration of the payments to be made by the Procuring Entity to the Supplier
as specified in this Agreement, the Supplier hereby covenants with the Procuring
Entity to provide the Goods and Services and to remedy defects therein in
conformity in all respects with the provisions of the Contract.

2. The Procuring Entity hereby covenants to pay the Supplier in consideration of the
provision of the Goods and Services and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at
the times and in the manner prescribed by the Contract.

3. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Kenya on the day, month and year indicated above.

For and on behalf of the Procuring Entity

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation] In the presence of

[insert identification of official witness] For and on behalf of the

Supplier

Signed: [insert signature of authorized representative(s) of the Supplier] in the

capacity of [insert title or other appropriate designation] in the

presence of [insert identification of official witness]

FORM NO. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank
Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of

Employer]
Date: [Insert date of issue]
Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

1. We have been informed that

(hereinaft
er called "the Contractor") has entered into Contract No.
dated
with (name of Employer) (the
Employer as the Beneficiary), for the execution of (hereinafter called "the
Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, a

performance guarantee is required.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay

the Beneficiary any sum or sums not exceeding in total an amount of (in words ),1
such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, upon receipt by us of the Beneficiary's complying demand supported by
the Beneficiary's statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove or to show
grounds for your demand or the sum specified therein.

4. This guarantee shall expire, no later than the …. Day of …………, 2...… 2, and any demand
for payment under it must be received by us at the office indicated above on or before
that date.

5. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months] [one year], in response to the Beneficiary's written request for such
extension, such request to be presented to the Guarantor before the expiry of the
guarantee.”

[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond]

[Note: Procuring Entities are advised to use Performance Security – Unconditional Demand
Bank Guarantee instead of Performance Bond due to difficulties involved in calling Bond
holder to action]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of

Employer] Date: [Insert date of issue]

PERFORMANCE BOND No.:

Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]

1. By this Bond____________________________ as Principal (hereinafter called “the

Contractor”) and ] as Surety (hereinafter called “the
Surety”), are held and firmly bound unto ] as Obligee (hereinafter called “the
Employer”) in the amount of for the payment of which sum well and truly to
be made in the types and proportions of currencies in which the Contract Price is
payable, the Contractor and the Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Contractor has entered into a written Agreement with the Employer dated
the day of , 20 , for in
accordance with the documents, plans, specifications, and amendments thereto, which to
the extent herein provided for, are by reference made part hereof and are hereinafter
referred to as the Contract.

3. NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto),
then this obligation shall be null and void; otherwise, it shall remain in full force and
effect. Whenever the Contractor shall be, and declared by the Employer to be, in default
under the Contract, the Employer having performed the Employer's obligations thereunder,
the Surety may promptly remedy the default, or shall promptly:
1) complete the Contract in accordance with its terms and conditions; or
2) obtain a tender or tenders from qualified tenderers for submission to the Employer
for completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive Tenderers,
arrange for a Contract between such Tenderer, and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the Balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
“Balance of the Contract Price,” as used in this paragraph, shall mean the total
amount payable by Employer to Contractor under the Contract, less the amount
properly paid by Employer to Contractor; or
3) pay the Employer the amount required by Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
 4. The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

5. Any suit under this Bond must be instituted before the expiration of one year from the
date of the issuing of the Taking-Over Certificate. No right of action shall accrue on this
Bond to or for the use of any person or corporation other than the Employer named
herein or the heirs, executors, administrators, successors, and assigns of the Employer.

6. In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the Surety
has caused these presents to be sealed with his corporate seal duly attested by the signature of his
legal representative, this day __________________of __________________ 20_______.

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of
FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee]
[Guarantor letterhead]

Beneficiary: ___________________ [Insert

name and Address of Employer]
Date: ________________ [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference

number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

1. We have been informed that ________________ (hereinafter called “the Contractor”) has entered into
Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").

2. Furthermore, we understand that, according to the conditions of the Contract, an advance payment in
the sum ___________ (in words ) is to be made against an advance payment guarantee.

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary
any sum or sums not exceeding in total an amount of _____________________ (in words
___________________) 11 upon receipt by us of the Beneficiary’s complying demand supported by the
Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating either that the Applicant:

(a) has used the advance payment for purposes other than the costs of mobilization in respect of the
goods; or
(b) has failed to repay the advance payment in accordance with the Contract conditions, specifying the
amount which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited
to the Contractor on its account number _____________ at ----------------------------.

5. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as specified in copies of interim statements or payment certificates which
shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, less provisional
sums, has been certified for payment, or on the ___ day of _____________, 2___, 22 whichever is earlier.
11
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency
of the advance payment as specified in the Contract.
22
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of
the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee.
Consequently, any demand for payment under this guarantee must be received by us at this office on or
before that date.

6. The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months]
[one year], in response to the Beneficiary’s written request for such extension, such request to be presented
to the Guarantor before the expiry of the guarantee.
_______________________________________________________________________________________
[Name of Authorized Official, signature(s) and seals/stamps]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.

FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM

(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful tenderer pursuant to
Regulation 13 (2A) and 13 (6) of the Companies (Beneficial Ownership Information) Regulations, 2020. In case of
joint venture, the tenderer must submit a separate Form for each member. The beneficial ownership information to
be submitted in this Form shall be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Tenderer is any natural person who ultimately owns or
controls the legal person (tenderer) or arrangements or a natural person on whose behalf a transaction is
conducted, and includes those persons who exercise ultimate effective control over a legal person (Tenderer) or
arrangement.

Tender Reference No.: [insert

identification no] Name of the Tender Title/Description: [insert name of the
assignment] to: [insert complete name of Procuring Entity]

In response to the requirement in your notification of award dated [insert date of notification of award]
to furnish additional information on beneficial ownership: [select one option as applicable and delete
the options that are not applicable]

I) We here by provide the following beneficial ownership information.

Details of beneficial ownership

 Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person
person person or indirectly directly or
holds in holds in the holds a right to indirectly
the company appoint or exercises
company remove a significant
Directly member of the influence
or board of or control
indirectly directors of the over the
company or an Company
equivalent (tenderer)
governing body (Yes / No)
of the Tenderer
(Yes / No)
Full Name Directly--- Directly…… 1. Having 1. Exer
-------- % ……….% of the right to cises
National appoint a significant
of shares voting rights
identity card majority of the influence
1. number or board of the or control
Passport Indirectly----- directors or an over the
number Indirectly- -----% of equivalent Company
---------% voting rights governing body of the
Personal
Identification of shares body of the Company
Number Tenderer: Yes (tenderer)
(where -----No----
applicable) 2. Is this Yes -----
right held No----
Nationality directly or
Date of birth indirectly?: 2. Is
[dd/mm/yyyy] this
influence
Postal address Direct……… or control
Residential ………… exercised
address directly or
indirectly?
Telephone
Indirect………
number
………... Direct……
Email address ……..
Occupation or
profession
Indirect…
………

2. Full Name Directly--- Directly…… 1. Having 1. Exer

-------- % ……….% of the right to cises
National appoint a significant
of shares voting rights
identity card majority of the influence
number or board of the or control
Passport Indirectly----- directors or an over the
number Indirectly- -----% of equivalent Company
---------% voting rights governing body of
Personal
Identification of shares body of the the
Number Tenderer: Yes Company
(where -----No---- (tenderer)
 Details of all Beneficial % of % of voting Whether a Whether a
Owners shares a rights a person directly person
person person or indirectly directly or
holds in holds in the holds a right to indirectly
the company appoint or exercises
company remove a significant
Directly member of the influence
or board of or control
indirectly directors of the over the
company or an Company
equivalent (tenderer)
governing body (Yes / No)
of the Tenderer
(Yes / No)
applicable) 2. Is this Yes -----
right held No----
Nationality(ies
directly or
)
indirectly?: 2. Is
Date of birth this
[dd/mm/yyyy] influence
Postal address Direct……… or control
………… exercised
Residential directly or
address indirectly?
Telephone Indirect………
number ………... Direct……
……..
Email address
Occupation or
profession Indirect…
………

3.

e.
t.
c

II) Am fully aware that beneficial ownership information above shall be reported to the Public
Procurement Regulatory Authority together with other details in relation to contract awards and shall be
maintained in the Government Portal, published and made publicly available pursuant to Regulation
13(5) of the Companies (Beneficial Ownership Information) Regulations, 2020.(Notwithstanding this
paragraph Personally Identifiable Information in line with the Data Protection Act shall not be
published or made public). Note that Personally Identifiable Information (PII) is defined as any
information that can be used to distinguish one person from another and can be used to deanonymize
previously anonymous data. This information includes National identity card number or Passport
number, Personal Identification Number, Date of birth, Residential address, email address and
Telephone number.

III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a
natural person who in relation to the company:
 (a) holds at least ten percent of the issued shares in the company either directly or indirectly;

(b) exercises at least ten percent of the voting rights in the company either directly or
indirectly;

(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or

(d) exercises significant influence or control, directly or indirectly, over the company.

IV) What is stated to herein above is true to the best of my knowledge, information and belief.

Name of the Tenderer: .......................*[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer: ** [insert complete

name of person duly authorized to sign the Tender]

Designation of the person signing the Tender: ....................... [insert complete title of the person signing

the Tender]

Signature of the person named above: ....................... [insert signature of person whose name and

capacity are shown above]

Date this ....................... [insert date of signing] day of....................... [Insert month], [insert year]

Bidder Official Stamp

Public Procurement Regulatory Authority (PPRA)
National Bank Building, 11th Floor, Harambee Avenue
P.O Box 58535- 00200, Nairobi Kenya
Telephone: +254 020 3244000, 2213106/7
Email: info@[Link] Website: [Link]