TENDER NO.

OCOB RT/002/2023-2024 FOR DESIGN,

LAYOUT, PRINT, SUPPLY AND DELIVERY OF BUDGET

IMPLEMENTATION REVIEW REPORT

FIRST THREE MONTHS FY 2023/24

CLOSING/OPENING DATE: THURSDAY, 14TH

DECEMBER, 2023 AT 11:00 AM (EAST AFRICAN TIME)

1
2
Table of Contents

SECTION 1 – INSTRUCTIONS TO TENDERERS ............................................................................. 6

SECTION I: INSTRUCTIONS TO TENDERERS .............................................................................. 7
SECTION III - EVALUATION AND QUALIFICATION CRITERIA ........................................ 31

(B) TECHNICAL EVALUATION...................................................................................................... 32

SECTION IV - TENDERING FORMS ........................................................................................... 33
FORM OF TENDER ......................................................................................................................... 34
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION ........................................... 38
SELF-DECLARATION FORMS ........................................................................................................ 39
SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE
MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015. .................... 39
DECLARATION AND COMMITMENT TO THE CODE OF ETHICS ..................................... 41
TENDERER INFORMATION FORM ............................................................................................. 44
TENDERER'S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM ........ 45
TENDERER'S JV MEMBERS INFORMATION FORM ............................................................... 48
Price Schedule Forms .......................................................................................................................... 49
Price Schedule: Goods Manufactured Outside Kenya, to be Imported ........................................ 50
FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE ...................................... 49
FORM OF TENDER-SECURING DECLARATION ...................................................................... 51
MANUFACTURER'S AUTHORIZATION FORM.......................................................................... 52

PART 2: SUPPLY REQUIREMENTS................................................................................................ 53

Section V - Schedule of Requirements ........................................................................................... 54
1. Technical Specifications ......................................................................................................... 57
3. Inspections andTests..................................................................................................................... 61
SECTION VI - GENERAL CONDITIONS OF CONTRACT ...................................................... 63
SECTION VII - SPECIAL CONDITIONS OF CONTRACT ....................................................... 76
SECTION VIII - CONTRACT FORMS ......................................................................................... 80
FORM No 1: NOTIFICATION OF INTENTION TO AWARD ................................................. 81
NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE .................................................... 85
FORM NO. 4 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank
Guarantee]............................................................................................................................................ 87
FORM No. 5 - PERFORMANCE SECURITY [Option 2– Performance Bond] ........................ 88
FORM NO. 6 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee] ................... 90

3
 TENDER NO. OCOB RT/002/2023-2024

INVITATION DATE DECEMBER 6, 2023

OFFICE OF THE CONTROLLER OF BUDGET (OCOB) invites bids from our

eligible Registered/Listed Suppliers for Design, Layout, Print, Supply and Delivery of
Budget Implementation Review Reports as below:

S/NO. TENDER NO. TENDER DESCRIPTION ELIGIBLE

TENDERER
1. OCOB RT/002/2023- Design, Layout, Print, Supply and Preference Group
2024 Delivery of Budget Implementation (AGPO)
Review Reports

Tendering will be conducted under restricted tendering competitive method National using
a standardized tender document. Tendering iseligible to registered/pre-qualified Preference Group
Tenderers(AGPO).

Qualified tenderers may inspect and collect the tender documents at the Procurement
Office, Bima House 9th Floor, Harambee Avenue, during normal working hours (8:00 AM
– 5:00 PM East African Time and collect the tender document at no cost).

All Tenders must be accompanied by a Tender-Securing Declaration.

The Tenderer shall chronologically serialize all pages of the tender documents submitted.

Completed tenders must be delivered to the address below on or before 11.00 AM. THURSDAY,
DECEMBER 14, 2023.

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.

Late tenders will be rejected.

The addresses referred to above are:

A. Address for obtaining further information.

Office of the Controller of Budget,

Bima House, 12th Floor,
Harambee Avenue,
P.O Box 35616-00100,
NAIROBI.
OCOB Website (www.cob.go.ke)

B. Address for Submission of Tenders.

All Tender Documents shall be submitted in Tender Box on 12th Floor and addressed to:

4
 Controller of Budget,
Bima House, 12th Floor,
Harambee Avenue,
P.O Box 35616-00100,
NAIROBI.

C. Address for Opening of Tenders.

Office of the Controller of Budget,

Bima House, 9th Floor Reception Room,
Harambee Avenue,
P.O Box 35616-00100,
NAIROBI.

SIGNATURE …………………………… DATE …………………………………

Boniface Ikumu Chimwani

For: CONTROLLER OF BUDGET
Bima House, 12th Floor,
Harambee Avenue,
P.O Box 35616-00100,
NAIROBI.

5
SECTION 1 – INSTRUCTIONS TO TENDERERS

6
 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 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,
7
 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 www.ppra.go.ke
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.
8
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 www.cak.go.ke.

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.

9
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 : 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
10
 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;

11
 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 serialise pages of all tender documents submitted.

12. Alternative Tenders

13. Unless otherwise specified in the TDS, alternative Tenders shall not be considered. 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 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.

12
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
13
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;
14
 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 46.The 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
15
 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 initialled 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 initialled 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
16
 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. As specified in the TDS, Tenderers shall submit their Tenders
electronically only. Tenderers submitting Tenders 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 the electronic tender opening procedures for this electronic tendering in accordance with
ITT 21.1, shall be as specified in the TDS.
24.2 First, documents 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.
17
24.3 Next, documents 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, documents 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 documents 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

18
 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 he 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
19
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.

20
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.

30.2 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

21
 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
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
22
 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
23
 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 and all Tenders submitted and specifically, tender securities, shall be promptly returned to
the Tenderers.

F. Award of Contract

40. Award Criteria

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.

24
41. 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;

42. Standstill Period

42.1 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.

42.2 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.

43. Debriefing by the Procuring Entity

43.1 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.

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

44. 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.

45. Signing of Contract

45.1 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.

45.2 Within fourteen (14) days of receipt of the Contract Agreement, the successful Tenderer
shall sign, date, and return it to the Procuring Entity.

45.3 The written contract shall be entered into within the period specified in the notification of
award and before expiry of the tender validity period.

46. Performance Security

46.1 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
25
 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.
46.2 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.

46.3 Performance security shall not be required for a contract, if so specified in the TDS.

47. Publication of Procurement Contract

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;

48. Procurement Related Complaint

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

26
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 A. General
Reference
ITT 1.1 The reference number of the invitation for tender is: OCOB/RT002/2023-2024
The procuring entity is OFFICE OF THE CONTROLLER OF BUDGET
The name of contract is DESIGN, LAYOUT, PRINT, SUPPLY AND DELIVERY OF
BUDGET IMPLEMENTATION REVIEW REPORTS
The number of Items comprising this invitation for tenders is:
1: NATIONAL GOVERNMENT REPORT
2: COUNTY GOVERNMENTS REPORT

ITT 1.2 (a) Electronic-procurement system

The electronic-procurement system shall be used to manage the following aspects of
tendering process: Publication of award
ITT 2.3 The information made available on competing firms as follows: At www.cob.go.ke
ITT 2.4 The firms that provide consulting services for contract being tendered for are:
N/A
ITT 3.1 Maximum number of members in the joint venture (JV) shall be:
N/A
ITT 3.7 A list of debarred firms and individuals is available on the PPRA’s website: www.ppra.go.ke

ITT 3.11 Tenders shall be required to be registered with…The National Treasury AGPO.

B. Contents of tendering Document

ITT 6.1 a) Address where to send inquiries is: [email protected] or [email protected]
To Reach the procuring entity not later than 3 Days before tender closing date. i.e on
December 13, 2023 at 11:00AM
The procuring entity will publish its response to all bidders.
ITT 6.2 A pre-tender conference will : Not be held
ITT 6.3 The questions to reach the procuring entity not later than 4 Days after the Invitation to
Tender date.
IIT 6.5 The minutes of the pre-tender meeting shall be published on the website……… N/A.

C. Preparation of Tenders
ITT 13.5 The prices quoted by the tender shall not be subject to adjustment during the performance of
contract.

ITT 13.6 Prices quoted for each item of lot (contracts) shall correspond at least to (100%) percent of
items specified for each lot [contract]
Prices quoted for each item of lot (contracts) shall correspond at least to (100%) percent of
quantities specified of this item this of a lot

ITT 13.8 (a) Place of final destination OFFICE CONTROLLER OF BUDGET, BIMA HOUSE 12TH
(i) and (iii) FLOOR, HARAMBEE AVENUE
ITT 13.8 (a) Final destination (project site): OFFICE CONTROLLER OF BUDGET, BIMA HOUSE
(iii) 12TH FLOOR, HARAMBEE AVENUE
ITT 13.8 (b) Named place of destination, in Kenya is OFFICE CONTROLLER OF BUDGET, BIMA
(i) HOUSE 12TH FLOOR, HARAMBEE AVENUE
ITT 13.8 (b) The price for inland transportation, insurance and other local services required to convey the
(ii) goods from the named place of destination to their final destination which is OFFICE
CONTROLLER OF BUDGET, BIMA HOUSE 12TH FLOOR, HARAMBEE AVENUE
13.8 (c) (iv) The place of final destination (project site) is OFFICE CONTROLLER OF BUDGET,
BIMA HOUSE 12TH FLOOR, HARAMBEE AVENUE
ITT 14.2 Foreign currency requirements not allowed

27
ITT 15.4 Period of time the Goods are expected to be functioning ( for the purpose of spare parts)
N/A
ITT 16.2 (a) Manufacturer’s authorization is: not required

ITT 16.2 (b) After sale service is: not required

ITT 17.1 The tender validity period shall be: 120 Days

ITT 17.3 (a) The number of days beyond the expiry of the initial tender validity period will be thirty
(30) days.
(b) The tender price shall be adjusted by the following percentages of tender prices:
(i) By …………….% of the local currency portion of the contract price adjusted to reflect
local inflation during the period of extension and N/A
(ii) By…………….% the foreign currency portion of contract price adjusted to reflect the
international inflation during the period of extension N/A

ITT 18.1 A tender security shall not be required

A tender-securing Declaration shall be required
If a tender security shall be required, the amount and currency of the tender security shall
be…… N/A …
ITT 19.1 In addition to the original of the tender, the number of copies is ONE (1) COPY. …… 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:
OFFICE CONTROLLER OF BUDGET,
BIMA HOUSE,
HARAMBEE AVENUE,
P.O BOX 35616-00100, NAIROBI
12TH FLOOR TENDER BOX

The deadline for Tender submission is:

Date: THURSDAY, DECEMBER 14, 2023.

Time: 11.00 AM.

All Tenderers shall submit their tenders physically.

ITT 24.1 The tender opening shall take place at:

OFFICE CONTROLLER OF BUDGET,
BIMA HOUSE,
HARAMBEE AVENUE,
P.O BOX 35616-00100, NAIROBI
9TH FLOOR RECEPTION ROOM
Date: THURSDAY, DECEMBER 14, 2023.
Time: 11.00 AM.
The Tender opening procedures shall be will be followed.
ITT 24.6 The number of representatives of the procuring entity to sign is FOUR (4) Members
E. Evaluation and comparison of Tenders

ITT 29.3 The manner of rectify quantifiable non material non conformities described
________________________________

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 single
currency is: KENYA SHILLINGS

The source of exchange rate shall be: THE CENTRAL BANK OF KENYA
28
 The date for the exchange rate shall be closing date of tender.
ITT 32.3 A margin of preference and/or reservation shall not apply.

ITT 32.5 The invitation to tender is extended to the following group that qualify for reservations
who shall be duly registered with The National Treasury (AGPO)
ITT 33.2 Price evaluation will be done for: Items
A market survey will be undertaken to determine the price to be awarded and Bidders
bidding prices above the lowest evaluated tender price shall be required to match the award
price (Based on the prevailing market price). Bids below the prevailing market price will be
disqualified.
ITT 33.2 (d) STAGE 1: PRELIMINARY EVALUATION
Additional evaluation factors are Mandatory requirements which must be met by the
bidder before proceeding to the next stage as below:
(i) Attach of copy of Certificate of Incorporation / Business Registration
Certificate.
(ii) Attach of copy of a Valid KRA Tax Compliance certificate
(iii) Attach of copy of a Valid AGPO certificate from The National Treasury.
(iv) Attach duly filled, signed and stamped, Form of Tender
(v) Attach duly Filled, signed and stamped, certificate of independent tender
determination
(vi) Attach duly filled, signed and stamped self-declaration form that the tender
has not been debarred. (FORM SDI)
(vii) Attach duly filled, signed and stamped self-declaration form that the
tenderer will not engage in any corrupt or fraudulent practice. (FORM SD2)
(viii) Attach duly filled, signed and stamped declaration and commitment to the
code of ethics
(ix) Attach duly filled, signed and stamped Tender Information Form
(x) Attach duly filled, signed and stamped, tenderers eligibility confidential
Business Questionnaire Form
(xi) Attach duly Filled, signed and stamped tender securing declaration form
(xii) Attach duly filled, signed and stamped tenderers (JV) joint ventures
members information
(xiii) Bidding documents must be paginated/serialized in a chronological order.
(xiv) Confirmation that No substitution, alteration, changes of format or
modification of the standard tender document, All the bid documents
returned from prospective bidders must be properly bound. Loose
papers/documents will automatically be disqualified

STAGE 2: TECHNICAL EVALUATION

The Terms of Reference are as follows;
A company profile should indicate the following: -
i. Staff establishment, their qualifications and experience in design and
printing.
ii. The designer should have more than five years’ experience in design and art-
works which should be demonstrated by academic qualifications and
evidence of previous similar assignments.
iii. Evidence of relevant experience by the company (at least five years) in
design and printing services backed up by 3 LSOs or 3 contracts.
iv. Technical capacity to undertake the design work should be supported by
availability of necessary equipment/machine for design work, automatic
printing, laminating, vanishing, binding and packing. A visit to the
production unit may be undertaken.

29
 v. Evidence of previous related work done in the last five years. Value of the
previous work to be provided.
vi. Evidence to deliver work within a short time period (average on two weeks)
after approval of printing.

STAGE 3: FINANCIAL EVALUATION

The lowest Evaluated Tender Price in each case shall be recommended for award (Based on
the prevailing Market Price). Only bidders who will have passed the technical evaluation
stage shall be considered.

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 schedules: N/A
(b)Deviation in payment schedule: N/A
(c)The cost of major replacement component, mandatory spare parts, and service: N/A
(d)The availability in Kenya of spare parts and after sales services for the equipment offered
in the tender. N/A
(e)Life cycles costs: the costs during the life of the goods or equipment. N/A
(f)The performance and productivity of the equipment offered. N/A
(g)[Insert any other specific criteria in section III Evaluation and Qualification Criteria] N/A
F. Award of Contract
ITT 46.3 Performance security if so required shall be in sum of Kenya Shillings

ITT 47 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 PPRA Website
www.ppra.go.ke
If a Tenderer wishes to make a procurement related Complaint, the Tenderer should submit
its complaint following this procedures, in writing (by quickest means available, that is either
by email or fax), to
EMAIL: [email protected]/[email protected]

In summary, a procurement related complaint may challenge any of the following:

1. The terms of the Tendering Documents; and
2. The Procuring Entity’s decision to award the contract.

30
 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 shall be carried out in the following three (3) stages namely;
(A) Preliminary evaluation.
(B) Technical evaluation
(C) Financial evaluation
(A) Preliminary examination for Determination of Responsiveness

The Procuring Entity will start by examining all tenders to ensure they meet in all respects the
eligibility criteria and other mandatory requirements in the ITT, and that the tender is complete
in all aspects in meeting the requirements provided for in the preliminary evaluation criteria
outlined below. Tenders that do not pass the Preliminary Examination will be considered non-
responsive and will not be considered further.

(A) Preliminary Evaluation shall include Mandatory Requirements

(i) Attach of copy of Certificate of Incorporation / Business Registration Certificate.
(ii) Attach of copy of a Valid Tax compliance certificate
31
(iii) Attach duly filled, signed and stamped, Form of Tender
(iv) Attach duly Filled, signed and stamped, certificate of independent tender determination
(v) Attach duly filled, signed and stamped self-declaration form that the tender has not been debarred. (FORM
SDI)
(vi) Attach duly filled, signed and stamped self-declaration form that the tenderer will not engage in any corrupt or
fraudulent practice. (FORM SD2)
(vii) Attach duly filled, signed and stamped declaration and commitment to the code of ethics
(viii) Attach duly filled, signed and stamped tender information form
(ix) Attach duly filled, signed and stamped, tenderers eligibility confidential Business Questionnaire Form
(x) Attach duly Filled, signed and stamped tender securing declaration form
(xi) Attach duly filled, signed and stamped tenderers (JV) joint ventures members information
(xii) Bidding documents must be paginated/serialized in a chronological order.
(xiii) Confirmation that No substitution, alteration, changes of format or modification of the standard tender
document, All the bid documents returned from prospective bidders must be properly bound. Loose papers/
documents will automatically be disqualified.

(B) Technical Evaluation

A company profile should indicate the following: -
S/No Bidder Name Max. Remarks
Marks
1 Staff establishment, their qualifications and experience in design and printing 10
2 The designer should have more than five years’ experience in design and art- 10
works which should be demonstrated by academic qualifications and
evidence of previous similar assignments
3 Evidence of relevant experience by the company (at least two years) in design 30
and printing services backed up by 3 LPOs or 3 contracts
4 Technical capacity or JV to undertake the work should be supported by 30
availability of necessary equipment/machine for design work, automatic
printing, laminating, vanishing, binding and packing. A visit to the production
unit may be undertaken
5 Evidence of previous related work done in the last five years. Value of the 10
previous work to be provided
6 Evidence to deliver work within a short time period (average on two weeks) after 10
approval of printing
TOTAL 100

NB: Pass mark will be 70%

(C) Financial Evaluation

Bids that pass the above (Technical Specification Stage) shall be compared on the basis of unit prices quoted.
The lowest evaluated bidder in each case will be recommended for award (based on the prevailing market price ranges).

32
SECTION IV - TENDERING FORMS

1. Form of Tender Tenderer Information Form

2. Tenderer JV Members Information Form

3. Price Schedule: Goods Manufactured Outside Kenya, to be Imported
4. Price Schedule: Goods Manufactured Outside Kenya, already imported
5. Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule
6. Related Services Form of Tender Security
7. Demand Guarantee Form of Tender Security (Tender Bond)
8. Form of Tender-Securing Declaration
9. Manufacturer's Authorization Form

33
FORM OF TENDER

INSTRUCTIONS TO TENDERERS

i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly
showing the Tenderer's complete name and business address.

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

iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER

DETERMINATION and the SELF DECLARATION OF THE TENDERER attached to this Form
of Tender.

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];

34
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) We, the Tenderer, have completed fully and signed the following Forms as part of our Tender:
35
 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.
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.

36
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.

37
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

Title

Date

[Name, title and signature of authorized agent of Tenderer and Date]

38
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 cak
3. red from participating in procurement proceeding under Part IV of the Act.

4. THAT what is deponed to herein above is true to the best of my knowledge, information and belief.

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

………………………
(Title) (Signature) (Date)

Bidder Official Stamp

39
 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..
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 Office of the Controller of Budget 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 Office of the
Controller of Budget.

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

40
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…………………………………………….................................................................................………

41
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;

42
 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
2
or any other appropriate authority appointed by Government of Kenya to inspect 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.

43
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

44
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

Office of the Controller of Budget

General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full Age

Nationality Country of Origin

Citizenship

45
c) Partnership, provide the following details.

(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.

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.

46
ii) Conflict of interest disclosure

f) Certification

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

Full Name

Title or Designation

(Signature) (Date)

47
TENDERER'S JV MEMBERS INFORMATION FORM
Bidders who don’t qualify to fill this form should indicate at the bottom NOT APPLICABLE, sign and
stamp this 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

48
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.]

49
Price Schedule: Goods Manufactured Outside Kenya, to be Imported

50
 Price Schedule: Goods Manufactured Outside Kenya, already imported*
4

51
Name of tenderer.............................................[insert complete name of tenderer] Signature of tenderer............................................. [signature of person
signing the Tender] Date............................................. [insert date]*

52
 PRICE SCHEDULE: GOODS PRODUCED IN KENYA; ITEM 1: BUDGET IMPLEMENTATION REVIEW REPORTS

KENYA (Group A And B Tenders) DATE:-----------------

Currencies In Accordance With ITT 15 ITT NO:-------------
PAGE NO. --------OF----------

NAME OF TENDERER-----------------------------------------------------------------SIGNATURE OF TENDERER------------------------------------TENDER

DATE--------------------------

1 2 3 4 5 6 7 8 9 10
Item Description Of Goods Delivery Quantity And Unit Price Total Exw Price Per Item For Cost Of Local Sales And Total Price Per
No date As Physical Unit Exw Price Per Inland Labour, Raw Other Taxes Item (Col 6+7)
Defined By Line Transportation Materials And Payable Per
Incoterms Item(Col.4x5) And Other Components Item If
Services Required From With Contract Is
In Kenya To Origin In Awarded In
Convey the Goods Kenya %Of Accodance
To Their Final Col.5 With Itt 14.8
Destination (A)(Ii)
National Government As and
1.
Reports when
required

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

53
PRICE SCHEDULE: GOODS PRODUCED IN KENYA; ITEM 2: BUDGET IMPLEMENTATION REVIEW REPORTS

KENYA (Group A And B Tenders) DATE:---------------

Currencies In Accordance With ITT 15 ITT NO:-------
PAGE NO. --------OF----------

NAME OF TENDERER-----------------------------------------------------------------SIGNATURE OF TENDERER------------------------------------TENDER

DATE--------------------------

1 2 3 4 5 6 7 8 9 10
Item Description Of Goods Delivery Quantity Unit Total Exw Price Per Item Cost Of Sales And Total Price
No date As And Price Price Per For Inland Local Other Taxes Per Item
Defined Physical Exw Line Transportation Labour, Raw Payable Per (Col 6+7)
By Unit Item(Col.4x5) And Other Materials Item If
Incoterms Services And Contract Is
Required In Components Awarded In
Kenya To From With Accodance
Convey the Origin In With Itt 14.8
Goods To Their Kenya %Of (A)(Ii)
Final Col.5
Destination
County Governments As and
1.
Reports when
required

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

54
FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE

Beneficiary:

ITT No:

Date:

TENDER GUARANTEE No.:

Guarantor:

1. We have been informed that (hereinafter called "the Applicant")

has submitted or will submit to the Beneficiary its Tender (hereinafter 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 thereto 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)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.

[signature(s)]

49
FORM OF TENDER SECURITY (TENDER BOND)

[The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.]

BOND NO.

1. BY THIS BOND....................................[name of tenderer] as Principal (hereinafter called “the

Principal”), and................... [name, legal title, and address of surety],authorized to transact business in
[name of country of Procuring Entity], as Surety (hereinafter called “the Surety”), are held and
firmly bound unto.............................. [name of Procuring Entity] as Obligee (hereinafter called “the
Procuring Entity”) in the sum of..................................[amount of Bond]1[amount in words], for the payment
of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors
and assigns, jointly and severally, firmly by these presents.

2. WHEREAS the Principal has submitted or will submit a written Tender to the Procuring Entity dated
the day of , 20 , for the supply
of [name of Contract] (hereinafter called the “Tender”).

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

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 Surety 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. The Surety hereby agrees that its obligation will remain in full force and effect up to and including
the date 30 days after the date of expiration of the Tender Validity Period set forth in the Principal's
Letter of Tender or any extension thereto provided by the Principal.

5. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this day of 20 .

Principal: Corporate Seal (where appropriate) Surety:

(Signature) (Signature)

(Printed name and title) (Printed name and title)

1
The amount of the Bond shall be denominated in the currency Kenya shillings or the equivalent amount in a freely convertible currency.

50
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.

51
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]

52
PART 2: SUPPLY REQUIREMENTS

53
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).

54
 List of Goods and Delivery Schedule
ITEM 1: NATIONAL GOVERNMENT BUDGET IMPLEMENTATION REVIEW REPORT

1. National 500 No Office of the Controller of Budget,

Government Report Bima House,
Harambee Avenue,
P.O Box 35616-00100, NAIROBI
12th Floor Board Room

55
 ITEM 2: COUNTY GOVERNMENTS BUDGET IMPLEMENTATION REVIEW REPORT

1. County Governments 1,500 No Office of the Controller of

Report Budget,
Bima House,
Harambee Avenue,
P.O Box 35616-00100,
NAIROBI
12th Floor Board Room

56
1. Technical Specifications

1.1 The purpose of the Technical Specifications (TS), is to define the technical characteristics of the
Goods and Related Services required by the Procuring Entity. The Procuring Entity shall prepare the
detailed TS consider that:

i) The TS constitute the benchmarks against which the Procuring Entity will verify the technical
responsiveness of Tenders and subsequently evaluate the Tenders. Therefore, well-defined TS
will facilitate preparation of responsive Tenders by tenderers, as well as examination, evaluation,
and comparison of the Tenders by the Procuring Entity.

ii) The TS shall require that all goods and materials to be incorporated in the goods be new, unused, and
of the most recent or current models, and that they incorporate all recent improvements in design
and materials, unless provided for otherwise in the contract.

iii) The TS shall make use of best practices. Samples of specifications from successful similar
procurements in the same country or sector may provide a sound basis for drafting the TS.

iv) The PPRA encourages the use of metric units.

v) Standardizing technical specifications may be advantageous, depending on the complexity of the

goods and the repetitiveness of the type of procurement. Technical Specifications should be
broad enough to avoid restrictions on workmanship, materials, and equipment commonly used
in manufacturing similar kinds of goods.

vi) Standards for equipment, materials, and workmanship specified in the Tendering document shall
not be restrictive. Recognized international standards should be specified as much as possible.
Reference to brand names, catalogue numbers, or other details that limit any materials or items
to a specific manufacturer should be avoided as far as possible. Where unavoidable, such item
description should always be followed by the words “or substantially equivalent.” When other
particular standards or codes of practice are referred to in the TS, whether from the Procuring
Entity's or from other eligible countries, a statement should follow other authoritative standards that
ensure at least a substantially equal quality, then the standards mentioned in the TS will also be
acceptable.

vii) Reference to brand names and catalogue numbers should be avoided as far as possible; where
unavoidable the words “or at least equivalent” shall always follow such references.

viii) Technical Specifications shall be fully descriptive of the requirements in respect of, but not limited
to, the following:
a) Standards of materials and workmanship required for the production and manufacturing
of the Goods.
b) Any sustainable procurement technical requirements shall be clearly specified.

1.2 To encourage tenderers' innovation in addressing sustainable procurement requirements, as long as the
Tender evaluation criteria specify the mechanism for monetary adjustments for the purpose of Tender
comparisons, tenderers may be invited to offer Goods that exceeds the specified minimum sustainable
procurement requirements.
i) Detailed tests required (type and number).
ii) Other additional work and/or Related Services required to achieve full delivery/completion.
iii) Detailed activities to be performed by the Supplier, and participation of the Procuring Entity thereon.
iv) List of detailed functional guarantees covered by the Warranty and the specification of the
liquidated damages to be applied in the event that such guarantees are not met.

1.3 The TS shall specify all essential technical and performance characteristics and requirements, including
guaranteed or acceptable maximum or minimum values, as appropriate. Whenever necessary, the
Procuring Entity shall include an additional ad-hoc Tendering form (to be an Attachment to the Letter of
Tender), where the tenderer shall provide detailed information on such technical performance
57
 characteristics in respect to the corresponding acceptable or guaranteed values.
1.4 When the Procuring Entity requests that the tenderer provides in its Tender a part or all of the
Technical Specifications, technical schedules, or other technical information, the Procuring Entity shall
specify in detail the nature and extent of the required information and the manner in which it has to be
presented by the tenderer in its Tender.

1.5 If a summary of the Technical Specifications(TS) has to be provided, the Procuring Entity shall insert
information in the table below. The tenderer shall prepare a similar table to justify compliance with
the requirements.

Summary of Technical Specifications: The Goods and Related Services shall comply with following
Technical Specifications and Standards:

Detailed Technical Specifications and Standards

58
TECHNICAL SPECIFICATIONS:

NATIONAL GOVERNMENT REPORT

1. Paper:
a) Inside: (Full Colour) 115gms Art Paper (Matt)
b) Cover: Art Board 250 gms Art Paper V.V Vanished.

2. Cover: Full Colour

3. Finishing: Perfect Binding
4. Size: 20.5 cm by 29.9cm.(A4)
5. Design and Print
6. UV Vanish Finish
7. Pages: - Approximately 225 Pages
8. No. of Reports - 500 Copies

COUNTY GOVERNMENTS REPORT

1. Paper:
a) Inside: (Full Colour) 115gms Art Paper (Matt)
b) Cover: Art Board 250 gms Art Paper V.V Vanished.

2. Cover: Full Colour

3. Finishing: Perfect Binding
4. Size: 20.5 cm by 29.9cm.(A4)
5. Design and Print
6. UV Vanish Finish
7. Pages: Approximately 750 Pages
8. No. of Reports - 1,500 Copies

59
2. Drawings N/A

This Tendering document includes.........................................No....................... [insert“ the following” or “no”]

drawings. [If documents shall be included, insert the following List of Drawings].

60
3. Inspections andTests

The following inspections and tests shall be performed: Physical inspection by an Inspection and Acceptance
Committee as per user technical specifications and an Inspection and Acceptance Certificate shall be issued.

61
PART 3 - CONDITIONS OF
CONTRACT AND
CONTRACT FORMS

62
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
63
 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.

64
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

65
 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.

66
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.

3. 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.

4. 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.

5. 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

67
 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. N/A

6. 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.

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.

7. 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.

8. 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.

9. 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
68
 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.

10. 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.

11. 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.

12. 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

69
 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.

13. 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.

14. 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

15. 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
70
 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.

16. 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

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,
71
 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
72
 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
73
 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.

7. 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.
8. 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.

9. Export Restriction

37.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export

74
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.

75
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.

GCC 1.1 (j) The procuring entity is OFFICE OF THE CONTROLLER OF BUDGET
GCC 28.3 The Final Destination is: OFFICE OF THE CONTROLLER OF BUDGET,
BIMA HOUSE, 12TH FLOOR, ALONG HARAMBEE AVENUE, NAIROBI,
KENYA
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 there
under shall not be as prescribed by Incoterms, they shall be as prescribed:
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: CONTROLLER OF BUDGET,
BIMA HOUSE, 12TH FLOOR,
ALONG HARAMBEE AVENUE
P.O BOX 35616-00100,
NAIROBI, KENYA

Electronic mail address: [email protected]

GCC 10.4.2 The place of arbitration shall be KENYA
GCC 13.1 Details of shipping and other documents to be furnished by the supplier are: N/A
GCC 15.1 The prices charged for the Goods supplied and the related services performed shall
not be adjustable.
GCC 18.1 A Performance Security SHALL BE REQUIRED WHERE APPLICABLE
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 is required under the Contract to
transport the Goods to a specified place of final destination within
Kenya, defined as the Project Site, transport to such place of destination
in Kenya, including insurance and storage, as shall be specified in the
Contract, shall be arranged by the Supplier, and related costs shall be
included in the Contract Price"; or any other agreed upon trade terms.
GCC 26.1 The inspections and tests shall be: Inspection and acceptance committee shall
physically inspect all the goods delivered before acceptance for use by the
service. If for any reasons attributable to the supplier, goods supplied have been
rejected, the supplier shall immediately replace the rejected goods.
GCC 26.2 The Inspections and tests shall be conducted at: OFFICE OF THE
CONTROLLER OF BUDGET, BIMA HOUSE, 12TH FLOOR,
ALONG HARAMBEE AVENUE, NAIROBI, KENYA

76
GCC 16.1 Sample provision YES
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 [insert currency of the Contract
Price}
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
[currency], as follows:
(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty
(30) days of signing of the Contract against an invoice and a bank guarantee for the
equivalent amount and in the form provided in the Tendering document or another form
acceptable to the Procuring Entity.
(ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid on receipt of
the Goods and upon submission of the documents specified in GCC Clause 13. The bank
guarantee shall then be released.
(iii) On Acceptance: The remaining ten (10) percent of the Contract Price shall be paid to
the Supplier within thirty (30) days after the date of the acceptance certificate for the
respective delivery issued by the Procuring Entity.

GCC 16.5 The payment-delay period after which the Procuring Entity shall pay interest to the
supplier shall be [insert number] days.
The interest rate that shall be applied is [insert number} % N/A

GCC 18.1 A Performance Security may be required

GCC 18.3 If required, the Performance Security shall be in the form of: [insert "a Demand Guarantee"
or" a Performance Bond''}
If required, the Performance security shall be denominated in Kenya Shillings

77
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:
OFFICE OF THE CONTROLLER OF BUDGET
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 is required under the Contract to transport the Goods to a
final destination within Kenya,
GCC 25.2 Incidental services to be provided are: N/A

GCC 26.1 The inspections and tests shall be: BY THE INSPECTION AND ACCEPTANCE
COMMITTEE OFFICE OF THE CONTROLLER OF BUDGET, BIMA HOUSE, 9TH
FLOOR, ALONG HARAMBEE AVENUE, NAIROBI, KENYA
GCC 26.2 The Inspections and tests shall be conducted at: OFFICE OF THE CONTROLLER OF
BUDGET, BIMA HOUSE, 9TH FLOOR, ALONG HARAMBEE AVENUE, NAIROBI,
KENYA
GCC 27.1 The liquidated damage shall be: [insert number] % per week N/A

GCC 27.1 The maximum amount of liquidated damages shall be: [insert number] % N/A

GCC 28.3 The period of validity of the Warranty shall be: 90 days
For purposes of the Warranty, the place(s) of final destination(s) shall be: OFFICE OF
THE CONTROLLER OF BUDGET, BIMA HOUSE, 9TH FLOOR, ALONG HARAMBEE
AVENUE, NAIROBI, KENYA
Sample provision YES
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
N/A .

78
GCC 28.5, The period for repair or replacement shall be: IMMEDIATE
GCC 28.6

GCC 33.4 If the value engineering proposal is approved by the Procuring Entity the amount to
be paid to the Supplier shall be _ % (insert appropriate percentage.
The percentage is normally up to 50%) of the reduction in the Contract Price. N/A

79
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.

80
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.
81
(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 (3) 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 www.ppra.go.ke or email [email protected].

82
 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/position:

Telephone:

Email:

83
FORM NO 2: NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE

[letterhead paper of the Employer]

[date]

To [name and address of the Contractor]

This is to notify you that your Tender dated [date] for execution of the [name of the
Contract and identification number, as given in the Contract Data] for the Accepted Contract Amount
[amount in numbers and words] [name of
currency], as corrected and modified in accordance with the Instructions to Tenderers, is hereby accepted by
(name of Employer).

You are requested to furnish the Performance Security within 30 days in accordance with the Conditions of
Contract, using, for that purpose, one of the Performance Security Forms included in Section VIII, Contract
Forms, of the Tender Document.

Authorized Signature:

Name and Title of Signatory:

Name of Employer:

Attachment: Contract Agreement:

84
NOTIFICATION OF AWARD - LETTER OF ACCEPTANCE

[use letterhead 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 and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

85
FORM NO 3 - 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.

3. WHEREAS the Procuring Entity invited Tenders for certain Goods and ancillary services, viz.,
[insert brief description of Goods and Services] and has accepted a Tender by the Supplier for the supply of
those Goods and Services, the Procuring Entity and the Supplier agree as follows:

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.

4. 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.

5. 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]

86
FORM NO. 4 - 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 (hereinafter

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]

87
FORM No. 5 - 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 .

88
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

89
 FORM NO. 6 - 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
1
) 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
2
day of , 2 , whichever
is earlier.
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]

90