that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii)
are not under supervision of the Procuring Entity.
4.7 A tenderer shall not be under suspension from tendering by the Procuring Entity as the result of
the operation of a Tender–Securing Declaration or Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if (a) as a matter of law or offi cial regulations, Kenya
prohibits commercial relations with that country, or (b) by an act of compliance with a decision of
the United Nations Security Council taken under Chapter VII of the Charter of the United Nations,
Kenya prohibits any import of goods or contracting of works or services from that country, or any
payments to any country, person, or entity in that country.
7
4.9 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, subcontracts and labor) from national suppliers and contractors. To this end, a foreign
tenderer shall provide in its tender documentary evidence that this requirement is met. Foreign
tenderers not meeting this criterion will be automatically disqualifi ed. Information required to
enable the Procuring Entity determine if this condition is met shall be provided in for this purpose
is be provided in “SECTION III - EVALUATION AND QUALIFICATION CRITERIA, item 9”.
4.10 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than 51
percent ownership by Kenyan citizens. JVs are considered as foreign tenderers if the individual
member fi rms are not registered in Kenya or if are registered in Kenya and have less than 51
percent ownership by Kenyan citizens. The JV shall not subcontract to foreign fi rms more than 10
percent of the contract price, excluding provisional sums.
4.11 The Competition Act of Kenya requires that fi rms wishing to tender as Joint Venture undertakings
which may prevent, distort or lessen competition in provision of services are prohibited unless they
are exempt in accordance with the provisions of Section 25 of the Competition Act, 2010. JVs will
be required to seek for exemption from the Competition Authority. Exemption shall not be a
condition for tender, but it shall be a condition of contract award and signature. A JV tenderer shall
be given opportunity to seek such exemption as a condition of award and signature of contract.
Application for exemption from the Competition Authority of Kenya may be accessed from the
website www.cak.go.ke.
4.12 A Kenyan tenderer shall provide evidence of having fulfi lled his/her tax obligations by producing
a valid tax compliance clearance certifi cate or tax exemption certifi cate issued by the Kenya
Revenue Authority.
5. Eligible Goods and Related Services
5.1 All the Goods and Related Services to be supplied under the Contract may have their origin in
any eligible country.
5.2 For purposes of this ITT, the term “goods” includes any goods that are the subject of this
Invitation to Tender, and “Related Services” includes services such as transportation, insurance,
commissioning and training.
5.3 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.
5.4 Any goods, works and production processes with characteristic 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.
B. Contents of Tendering Document
6. Sections of Tendering Document
6.1 The tendering document consists of Parts1,2, and 3, which includes all the sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITT 8.
PART 1 - Tendering Procedures
Section I - Instructions to Tenderers (ITT)
Section II - Tendering Data Sheet (TDS)
Section III - Evaluation and Qualifi cation Criteria
