NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

TENDER DOCUMENT FOR SUPPLY AND DELIVERY OF

ORIGINAL TONERS.

(RESERVED FOR YOUTH FIRMS)

TENDER NO: NEMA/T/10/2023-2024

TENDER ISSUE DATE:3rd OCTOBER 2023

TENDER CLOSING DATE:16th OCTOBER 2023

CLOSING TIME:10.00 AM.

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 TABLE OF CONTENTS

PREFACE ....................................................................................................................................................... iii

APPENDIX TO THE PREFACE............................................................................................................... iv

GUIDELINES FOR PREPARATION OF TENDER DOCUMENTS........................................................ iv
1. GENERAL ............................................................................................................................................. iv
2. PART 1 - TENDERING PROCEDURES .......................................................................................... iv
3. PART 2 – PROCUREMENT ENTITY'S REQUIREMENTS ........................................................... v
4. PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS .................................... v

INVITATION TO TENDER ...................................................................................................................... vii

Section I - Instructions to Tenderers......................................................................................................... 1

A General Provisions ............................................................................................................................... 1

1 Scope of Tender
.....................................................................................................................................................
2 Fraud and Corruption ............................................................................................................................ 1
3 Eligible Tenderers .................................................................................................................................. 1
4 Eligible Goods and Related Services .................................................................................................. 3

B. Contents of Request for Tenders Document ................................................................................... 3

5. Sections of Tendering Document ......................................................................................................... 3
6 Clarification of Tender Document ........................................................................................................ 4
7 Amendment of Tender Document ........................................................................................................ 4

C. Preparation of Tenders ....................................................................................................................... 5

8 Cost of Tendering .................................................................................................................................. 5
9 Language of Tender............................................................................................................................... 5
10 Documents Comprising the Tender ...................................................................................................... 5
11 Form of Tender and Price Schedules.................................................................................................. 5
12 Alternative Tenders ................................................................................................................................ 6
13 Tender Prices and Discounts ................................................................................................................ 6
14 Currencies of Tender and Payment ..................................................................................................... 7
15 Documents Establishing the Eligibility and Conformity of the Goods and Related Services...... 7
16 Documents Establishing the Eligibility and Qualifications of the Tenderer ................................... 7
17 Period of Validity of Tenders .............................................................................................................. 8
18 Tender Security ...................................................................................................................................... 8
19 Format and Signing of Tender............................................................................................................. 9

D. Submission and Opening of Tenders .............................................................................................. 9

20 Sealing and Marking of Tenders ......................................................................................................... 9
21 Deadline for Submission of Tenders ................................................................................................. 10
22 Late Tenders ......................................................................................................................................... 10
23 Withdrawal, Substitution, and Modification of Tenders. ...................................................................... 10
24 Tender Opening .................................................................................................................................... 10

E. Evaluation and Comparison of Tenders........................................................................................ 11

25 Confidentiality ....................................................................................................................................... 11
26 Clarification of Tenders ....................................................................................................................... 11
27 Deviations, Reservations, and Omissions .......................................................................................... 12
28 Determination of Responsiveness ....................................................................................................... 12
29 Non-conformities, Errors and Omissions ........................................................................................... 12
30 Correction of Arithmetical Errors ...................................................................................................... 13
31 Conversion to Single Currency .......................................................................................................... 13
32 Margin of Preference and Reservations ............................................................................................ 13
33 Evaluation of Tenders ......................................................................................................................... 13
34 Comparison of Tenders ....................................................................................................................... 14
35 Abnormally Low Tenders ................................................................................................................... 14
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36. Abnormally High Tenders ................................................................................................................... 14

37. Post Qualification of the Tenderer..................................................................................................... 15

38. Lowest Evaluated Tender .................................................................................................................... 15
39. Procuring Entity's Right to Accept Any Tender, and to Reject Any or All .............................. 15

F. Award of Contract............................................................................................................................. 15
40. Award Criteria ...................................................................................................................................... 15
41. Notice of Intention to enter into a Contract .................................................................................... 16
42. Standstill Period ................................................................................................................................... 16
43. Debriefing by the Procuring Entity ................................................................................................... 16
44. Letter of Award ................................................................................................................................... 16
45. Signing of Contract ............................................................................................................................. 16
46. Performance Security ........................................................................................................................... 16
47. Publication of Procurement Contract ................................................................................................. 17
48. Procurement Related Complaint ......................................................................................................... 17

SECTION II – TENDER DATA SHEET (TDS) .................................................................................. 18

SECTION III - EVALUATION AND QUALIFICATION CRITERIA............................................. 22

1. General Provisions...................................................................................................................................... 22
2. Evaluation of Tenders (ITT 33) ............................................................................................................... 22
3. MARGIN OF PREFERENCE ................................................................................................................... 25
4. Post Qualification of Tenderers (ITT 37) ............................................................................................... 25

SECTION IV - TENDERING FORMS ................................................................................................... 28

i
i
 Form of Tender……………………………………………………………..……………...…………………29
Certificate of Independent Tender Determination ………………………………………………...……..…. 32
Self-declaration
Forms…………………………………………………………………………………..……………...……..33
Appendix 1 - Fraud and Corruption………………………………………………………………..……...…36
Tenderer Information Form ………………………………………………………………………..………...38
Tenderer’s Eligibility- Confidential Business Questionnaire Form ……………………………..…………..39
Tenderer’s JV Members Information Form ..................................................................................................... 42
Price Schedule Forms ...................................................................................................................................... 43
FORM OF TENDER SECURITY - DEMAND BANK GUARANTEE ........................................................ 49
FORM OF TENDER SECURITY (INSURANCE GUARANTEE) ............................................................... 50
FORM OF TENDER-SECURING DECLARATION .................................................................................... 51
MANUFACTURER’S AUTHORIZATION FORM ...................................................................................... 52

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

Section V - Schedule of Requirements ......................................................................................................... 53

Notes for Preparing the Schedule of Requirements ......................................................................................... 53
1. List of Goods and Delivery Schedule............................................................................................... 54
2. List of Related Services and Completion Schedule ........................................................................ 55
3. Technical Specifications ....................................................................................................................... 56
4. Drawings ............................................................................................................................................... 58
5. Inspections and Tests........................................................................................................................... 59

PART 3 - CONTRACT ................................................................................................................................. 60

SECTION VI - GENERAL CONDITIONS OF CONTRACT ....................................................................... 61
SECTION VII - SPECIAL CONDITIONS OF CONTRACT ........................................................................ 74
SECTION VIII - CONTRACT FORMS ......................................................................................................... 78
FORM No. 1: NOTIFICATION OF INTENTION TO AWARD .............................................................. 79
FORM No. 2: REQUEST FOR REVIEW .................................................................................................... 82
FORM No. 3: LETTER OF AWARD .......................................................................................................... 82
FORM No. 4 - CONTRACT AGREEMENT.............................................................................................. 84
FORM No. 5 - PERFORMANCE SECURITY [Option 1- Unconditional Demand Bank Guarantee]... 85
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond] ........................................... 86
FORM No. 7 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee] ....................................... 88
FORM No. 8 - BENEFICIAL OWNERSHIP DISCLOSURE FORM ..............................................................

vi
 INVITATION TO TENDER

PROCURING ENTITY: NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

(NEMA).

TENDER DESCRIPTION: SUPPLY AND DELIVERY OF ORIGINAL TONERS

1. National Environment Management Authority (NEMA) invites sealed tenders for

supply and delivery of Original Toners.

2. Tendering will be conducted under open competitive method (National) using

a standardized tender document. Tendering is open to all qualified and interested
Tenderers.

3. Tenderers will be allowed to tender for one or two Lots.

4. Qualified and interested tenderers may obtain further information and inspect
the Tender Documents during office hours 0900 to 1600 hours at the address given
below.

5. Tender documents obtained electronically will be free of charge.

6. Tender documents should be obtained electronically from the Website
www.nema.go.ke or www.tenders.go.ke .

7. All Tenders must be accompanied by a Tender Security declaration form

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

9. Completed tenders must be delivered to the address below on or before [insert

time and date]. Electronic Tenders will not be permitted.

10. 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.

11. Late tenders will be rejected.

12. The addresses referred to above are:

A. Address for obtaining further information and for purchasing

tender documents
National Environment Management Authority (NEMA)
Popo Road, South C, off Mombasa Road P.O.BOX: 67839-
00200, Nairobi.
020-2101370-ext 179
Procurement@nema.go.ke

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 B. Address for Submission of Tenders.
National Environment Management Authority (NEMA) P.O.BOX: 67839-
00200, Nairobi.Popo Road, South C, off Mombasa Road
And be dropped in the Tender Box or Supply Chain Management Office
Room G16 in the Main Administration Building (Block A).

C. Address for Opening of Tenders.

National Environment Management Authority (NEMA) P.O.BOX: 67839-

00200, Nairobi, Popo Road, South C, off Mombasa Road Main

Administration Building (Block A).

Authorized Official

DIRECTOR GENERAL

National Environment Management Authority (NEMA)

Signature

Date:3rd October 2023.

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PART 1 - TENDERING PROCEDURES
SECTION I: INSTRUCTIONS TO TENDERERS

A General Provisions

1. Scope of Tender

1.1 The Procuring Entity as defined in the TDS invites tenders for supply of goods and, if
applicable, any Related Services incidental thereto, as specified in Section V, Supply
Requirements. The name, identification, and number of lots (contracts) of this Tender
Document are specified in the TDS.

1.2 Throughout this tendering document:

a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax,
including if specified in the TDS, distributed or received through the electronic-
procurement system used by the Procuring Entity) with proof of receipt;
b) if the context so requires, “singular” means “plural” and vice versa;
c) “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day
is any day that is an official working day of the Procuring Entity. It excludes official
public holidays.

2. Fraud and Corruption

2.1 The Procuring Entity requires compliance with the provisions of the Public
Procurement and Asset Disposal Act, 2015, Section 62 “Declaration not to engage in
corruption”. The tender submitted by a person shall include a declaration that the person
shall not engage in any corrupt or fraudulent practice and a declaration that the person
or his or her sub-contractors are not debarred from participating in public procurement
proceedings.

2.2 The Procuring Entity requires compliance with the provisions of the Competition Act 2010,
regarding collusive practices in contracting. Any tenderer found to have engaged in
collusive conduct shall be disqualified and criminal and/or civil sanctions may be imposed.
To this effect, Tenders shall be required to complete and sign the “Certificate of
Independent Tender Determination” annexed to the Form of Tender.

2.3 Unfair Competitive Advantage - Fairness and transparency in the tender process require
that the firms or their Affiliates competing for a specific assignment do not derive a
competitive advantage from having provided consulting services related to this tender. To
that end, the Procuring Entity shall indicate in the Data Sheet and make available to all
the firms together with this tender document all information that would in that respect
give such firm any unfair competitive advantage over competing firms.

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise
or institution subject to ITT3.7, or any combination of such entities in the form of a joint
venture (JV) under an existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. Public employees and their close relatives
(spouses, children, brothers, sisters and uncles and aunts) are not eligible to participate in
the tender.

In the case of a joint venture, all members shall be jointly and severally liable for the
execution of the entire Contract in accordance with the Contract terms. The JV shall
nominate a Representative who shall have the authority to conduct all business for and
on behalf of any and all the members of the JV during the Tendering process and, in
the event the JV is awarded the Contract, during contract execution. The maximum number
of JV members shall be specified in the TDS.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister.
Child, Parent, Brother or Sister of a Spouse their business associates or agents and
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 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.
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.

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.

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 PART 1: Tendering Procedures
i) Section I - Instructions to Tenderers (ITT)
ii) Section II - Tendering Data Sheet (TDS)
iii) Section III - Evaluation and Qualification Criteria
iv) Section IV - Tendering Forms

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

PART 3: Contract
vi) Section VI - General Conditions of Contract (GCC)
vii) Section VII - Special Conditions of Contract (SCC)
viii) Section VIII- Contract Forms

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

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

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

6. Clarification of Tendering Document

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

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

6.3 The Tenderer is requested to submit any questions in writing, to reach the Procuring
Entity not later than the period specified in the TDS before the meeting.

6.4 Minutes of the pre-Tender meeting, if applicable, including the text of the questions asked
by Tenderers and the responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Tenderers who have acquired the Tender
Documents in accordance with ITT 6.3. Minutes shall not identify the source of the questions
asked.

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

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

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

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

8. Cost of Tendering

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

9. Language of Tender

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

10. Documents Comprising the Tender

10.1 The Tender shall comprise the following:

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

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

10.3 The Tenderer shall furnish in the Form of Tender information on commissions gratuities,
viii
 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

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

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

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

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

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

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

13.6 If specified in ITT 1.1, Tenders are being invited for individual lots (contracts) or for any
combination of lots (packages). Unless otherwise specified in the TDS, prices quoted
shall correspond to 100 % of the items specified for each lot and to 100% of the quantities
specified for each item of a lot. Tenderers wishing to offer discounts for the award of
more than one Contract shall specify in their Tender the price reductions applicable to
each package, or alternatively, to individual Contracts within the package. Discounts shall
be submitted in accordance with ITT 13.4 provided the Tenders for all lots (contracts)
are opened at the same time.

13.7 The terms EXW, CIP, CIF, DDP and other similar terms shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International Chamber
of Commerce.

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

iii) any sales and other taxes levied in Kenya which will be payable on the Goods
if the Contract is awarded to the Tenderer; and
iv) the price for inland transportation, insurance, and other local services required
to convey the Goods from the named place of destination to their final
destination (Project Site) specified in the TDS.

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

14. Currencies of Tender and Payment

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

16. Documents Establishing the Eligibility and Qualifications of the Tenderer

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

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

17. Period of Validity of Tenders

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

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

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

18. Tender Security

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

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

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

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

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

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

18.6 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security of unsuccessful
Tenderers shall be returned as promptly as possible upon the successful Tenderer signing
the Contract and furnishing the Performance Security pursuant to ITT 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
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
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 shall be signed by a person duly authorized to sign on behalf of the Tenderer. This
authorization shall consist of a written confirmation as specified in the TDS and shall be
attached to the Tender. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages of the Tender
where entries or amendments have been made shall be signed or initialed by the person
signing the Tender.
19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized representative
of the JV on behalf of the JV, and so as to be legally binding on all the members as
evidenced by a power of attorney signed by each members' legally authorized
representatives.

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

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

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

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

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

21. Deadline for Submission of Tenders

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

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

22. Late Tenders

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

23. Withdrawal, Substitution, and Modification of Tenders

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

23.3 Tenders requested to be withdrawn in accordance with ITT 23.1 shall be returned unopened to
the Tenderers.

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

24. Tender Opening

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

24.8 The Procuring Entity shall prepare a record of the Tender opening that shall include, as
a minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or
modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security or Tender-Securing Declaration, if one
was required;
e) number of pages of each tender document submitted.

24.9 The Tenderers' representatives who are present shall be requested to sign the record.
The omission of a Tenderer signature on the record shall not invalidate the contents and
effect of the record. A copy of the tender opening register shall be issued to a Tenderer
upon request.

E. Evaluation and Comparison of Tenders

25. Confidentiality

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

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

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

26. Clarification of Tenders

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

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

27. Deviations, Reservations, and Omissions

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

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

28. Determination of Responsiveness

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

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

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

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

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

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

29. Non-conformities, Errors and Omissions

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

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

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

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

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

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

31. Conversion to Single Currency

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

32. Margin of Preference and Reservations

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

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

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

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

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

33. Evaluation of Tenders

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

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

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

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

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

34. Comparison of Tenders

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

35. Abnormally Low Tenders

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

36. Abnormally High Tenders

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

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

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

37. Post-Qualification of the Tenderer

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

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

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

38. Lowest Evaluated Tender

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

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

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

40. Award Criteria

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

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

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

42. Notice of Intention to enter into a Contract

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

43. Standstill Period

43.1 The Contract shall not be awarded earlier than the expiry of a Standstill Period of 14
days to allow any dissatisfied candidate to launch a complaint. Where only one Tender
is submitted, the Standstill Period shall not apply.

43.2 Where standstill period applies, it shall commence when the Procuring Entity has
transmitted to each Tenderer the Notification of Intention to Enter into a Contract to the
successful Tenderer.

44. Debriefing by the Procuring Entity

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

44.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The

Tenderer shall bear its own costs of attending such a debriefing meeting.

45. Letter of Award

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

46. Signing of Contract

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

47. Performance Security

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

48. Publication of Procurement Contract

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

49. Procurement Related Complaints and Administrative Review

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

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

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

ITT Particulars Of Appendix To Instructions To Tenders

Reference
A. General
ITT 1.1 The reference number of the Invitation for Tenders is:
NEMA/T/10/2023-2024
The Procuring Entity is: NATIONAL ENVIRONMENT
MANAGEMENT AUTHORITY( NEMA)
The name of the Contract is: SUPPLY AND DELIVERY OF ORIGINAL
TONERS
The number and identification of lots (contracts) comprising this
Invitation for Tenders is LOT 1 & LOT 2.
ITT 1.2(a)
Electronic –Procurement System is NOT APPLICABLE
The electronic-procurement system shall be used to manage the
following aspects of the Tendering process: NOT APPLICABLE
ITT 2.3 The Information made available on competing firms is as follows: NONE
_____________________________________________________________
The firms that provided consulting services for the contract being tendered for are:
NONE

ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be: NOT
APPLICABLE
ITT 3.7 A list of debarred firms and individuals is available on the PPRA’s
website: www.ppra.go.ke
B. Contents of Tendering Document
ITT 6.1 (a) Address where to send enquiries is P.O Box 67839 - 00200 to reach
the Procuring Entity not later than 9th October 2023 1600 hrs.

(b) The Procuring Entity publish its response at the website

www.nema.go.ke and/or www.tenders.go.ke

ITT 6.2 A pre-tender conference will not be held

ITT 6.3 The questions to reach the Procuring Entity not later than N/A

ITT 6.5 The Minutes of the Pre-Tender meeting shall be published on the at the N/A

C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its
Tender As Indicated In The Evaluation Criteria
ITT 12.1 Alternative Tenders shall not be considered.
ITT 13.5 The prices quoted by the Tenderer shall not be subject to adjustment
during the performance of the Contract.
ITT 13.6 Prices quoted for each lot (contract) shall correspond at least to [insert figure] percent of
the items specified for each lot (contract).N/A
Prices quoted for each item of a lot shall correspond at least to [insert figure] percent of
the quantities specified for this item of a lot.N/A

26
 ITT Particulars Of Appendix To Instructions To Tenders
Reference
ITT 13.8 (a) Place of final destination: NEMA Headquarters - Nairobi
(i) and (iii)
ITT 13.8 (a) Final Destination (Project Site): NEMA Head Office, Popo Road, South
(iii) C off Mombasa Road
ITT 13.8 (b) Named place of destination, in Kenya is NEMA Head Office, Popo
(i) Road, South C off Mombasa Road
ITT 13.8 The
(b) Price for inland transportation, insurance, and other local services
(ii) required to convey the Goods from the named place of destination to
their final destination which is NEMA Head Office, Popo Road, South
C off Mombasa Road
13.8 (c) (iv) The place of final destination (Project Site) is NEMA Head Office,
Popo Road, South C off Mombasa Road
ITT 14.2 Foreign currency requirements not allowed.
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: “required”
ITT 16.2 (b) After sales service is: not required
ITT 17.1 The Tender validity period shall be 119 days.
ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period will be
__30__________days.

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

(i) By _____N/A____% of the local currency portion of the Contract price adjusted
to reflect local inflation during the period of extension, and

(ii) By____N/A_______% the foreign currency portion of the Contract price adjusted
to reflect the international inflation during the period of extension.

ITT 18.1 A Tender Security shall not be required.

A Tender-Securing Declaration shall be required.
ITT 19.1 In addition to the original of the Tender, the number of copies is: One Copy
ITT 19.3 The written confirmation of authorization to sign on behalf of the
Tenderer shall consist of: A Written Power of Attorney Duly
Witnessed by a Commissioner of Oaths
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: Be dropped and registered in Supply Chain
Management Office Room G16 in the Main Administration Building
(Block A).
________________________________________________________________
ITT 21.1 For Tender submission purposes only, the Procuring Entity’s address
is:
Director General,
National Environment Management Authority, P.O.BOX: 67839-
00200, Nairobi.

Popo Road, South C, off Mombasa Road

The deadline for Tender submission is: 16th October 2023 at 10.00hrs.
Tenderers SHALL NOT have the option of submitting their Tenders
27
ITT Particulars Of Appendix To Instructions To Tenders
Reference
electronically.
ITT 24.1 The Tender opening shall take place at:
Physical Address: Popo Road, South C, off Mombasa Road; Main
Administration Building (Block A)
DATE: 16th October 2023
TIME: 10:00 AM East African Time
The Form of Tender and priced Activity Schedule shall be initialed by
At Least Three (3) representatives of the Procuring Entity conducting
Tender opening.

ITT 24.6 The number of representatives of the Procuring Entity to sign is ___Three__________.

E. Evaluation and Comparison of Tenders

ITT 29.3 The manner of rectify quantifiable nonmaterial nonconformities described below:
N/A

ITT 31.1 The currency that shall be used for Tender evaluation and comparison
purposes to convert at the selling exchange rate all Tender prices
expressed in various currencies into a single currency is N/A
The source of exchange rate shall be:N/A
The date for the exchange rate shall be: N/A
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.AGPO(Youth SUB CATEGORY)
ITT 33.2
Price evaluation will be done per Lot
ITT 33.2 (d)
Additional evaluation factors are :As indicated in the evaluation criteria
ITT 33.6 The adjustments shall be determined using the following criteria, from
amongst those set out in Section III, Evaluation and Qualification
Criteria:

(a) Deviation in Delivery schedule: No

(b) Deviation in payment schedule: No
(c) the cost of major replacement component, mandatory spare parts,
and service: No
(d) the availability in Kenya of spare parts and after-sales services for
the equipment offered in the Tender No
(e) Life cycle costs: the costs during the life of the goods or equipment
No
(f) the performance and productivity of the equipment offered; No
F. Award of Contract
ITT 41.1
The maximum percentage by which quantities may be increased is:25%
The maximum percentage by which quantities may be decreased is:25%
ITT 41.1 The Procuring Entity shall increase or decrease the quantity of Goods and Related
Services by an amount not exceed ___25%__________% and without any change in the
unit prices or other terms and conditions of the Tender and the tendering document.

ITT 47.3 Performance security if so required shall be in the sum of N/A

ITT 49.1 The procedures for making a Procurement-related Complaint are

28
 ITT Particulars Of Appendix To Instructions To Tenders
Reference
detailed in the “Notice of Intention to Award the Contract” herein and
are also available from the PPRA Website www.ppra.go.ke.

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

Tenderer should submit its complaint following these procedures, in
writing (by the quickest means available, that is either by email or fax),
to:
For the attention: DIRECTOR GENERAL
Title/position: DIRECTOR GENERAL
Procuring Entity: NATIONAL ENVIRONMENT MANAGEMENT
Email address: procurement@nema.go.ke
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.

29
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 Evaluation of Tenders

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. The Standard Tender Evaluation Report
Document for Goods and Works for evaluating Tenders provides very
clear guide on how to deal with review of these requirements. Tenders
that do not pass the Preliminary Examination will be considered non-
responsive and will not be considered further.

(Mandatory Evaluation Criteria).

No Requirements
1 Submit a copy of Certificate of Business Registration or Incorporation in
Kenya
2 Submit Copy of CR12 for Limited Companies or copy of Identification Card
(ID) for Sole Proprietors
3 Submit Valid copy of Tax Compliance/Exemption Certificate from Kenya
Revenue Authority. Shall be verified from KRA TCC.
4 Duly filled, signed and stamped Confidential Business Questionnaire in the
format provided
5 Duly filled and stamped certificate of independent tender determination in
the Format provided
30
 6 Self-Declaration (FORM SD1) that the person/tenderer is not debarred in the
matter of the public procurement and asset disposal act 2015. (Dully Filled,
signed by an Authorized person and stamped)
7 Self-Declaration (FORM SD2) That the Person/Tenderer Will Not Engage in
Any Corrupt or Fraudulent Practice (Dully Filled, signed by an Authorized
person and stamped)
8 Duly Filled, signed and Stamped declaration and commitment to the code of
ethics
9 Dully filled Tender Security declaration form. (Dully Filled, signed by an
Authorized person and stamped)
10 Duly completed and Signed Price schedule and stamped by the tenderer in
the format provided
11 Provide Original and Copy of the tender document properly bound and
paginated/serialized/numbered in a sequential manner on all pages and all
attachments. Format of serialization 1,2,3,4……If paper is printed on both
sides, both sides of the paper must be paginated.
12 Attach a copy of letter granting power of attorney signed by a commissioner
of oaths.
13 Tender should be signed by the person with power of attorney

14 Duly completed, signed and stamped Form of Tender (as per the
prescribed format).The form of Quotation MUST be prepared for each Lot
applied.
15 Tender is valid for 119 days. Indicate as required in the form of tender
16 Attach copy of Valid AGPO Certificate(Youth Sub Category)
17 Provide manufacturer’s Authorization certificate/partnership in favor of the
bidding firm.

Tenderers MUST be responsive by meeting all the above listed requirements to be

considered for the next stage of evaluation.

3. TECHNICAL EVALUATION

Consistent with and in addition to the criteria listed in ITT 33.3 and
ITT 29.3; and ITT 34 and its subparagraphs the following criteria shall
apply:

2.2.1 Evaluation of Technical aspects of the Tender

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

Lot 1.

No Description. Reference Printer Qty Original Country of

Toner origin
(Yes/No)
Indicate
(Ecosys M2640idw)
1 Toner TK-1170 63
(Task alpha 6003i)
2 Toner TK-6325 6

31
 (Task alpha color
3 Toner TK-82325 2551ci) 4
(Laserjet pro MFP
4 Toner 26A 426dn) 12
(Hp 400 mfp m425dn)
5 Toner 80A 8
(Laserjet p2055dn)
6 Toner 05A 6
(Hp laserjet p4015)
7 Toner 64A 4
(Laserjet pro mfp
8 Toner 30A M227dn) 6
(Laserjet color mfp
9 Toner 207A 283fdw) 4
(Hp laserjet 3052)
10 Toner 12A 2
(Lasejet 500 mfp)
11 Toner 55A 14
(Hp Color laserjet mfp
12 Toner 415A m479fdw 12
(Hp Laserjet 3055)
13 Toner 12A 2
(Laserjet pro M428fdw)
14 Toner 59A 3
(Laserjet enterprise
15 Toner 37A M607) 12
(Hp laserjet proM402
16 Toner 26A dn) 2
Epson LX300 +II Epson LX300
17 Dotmatrix ribbon 3

Lot 2.

No Description. Reference Qty Original Country of

Printer Toner origin
(Yes/No)
Indicate
(Konica Bizhub
4 Toner TNP60 3622) 105
Konica Minolta
1 Imaging units Buzhub 3622 15

Technical Evaluation of the firm.

The following criteria shall be applied to evaluate the technical capacity of the firm.

i. Demonstrate access to available liquid assets or line of credit to meet the resultant
contract amount. (Provide Audited Financial statements for the year 2022 or letter
of credit from your bank showing the firms credit line amount)The firms’
resources should match or exceed the value of tendered goods.

ii. The firm should demonstrate past experience by providing evidence of similar
contracts in nature offered to GOK Entities or Equivalent.Atleast three contracts of
similar value in the last two years.

32
 Bidders who fail to meet the above Technical Specifications shall not be evaluated
further.

Financial evaluation stage.

Bidders will be evaluated on the basis of the prices quoted per lot. Dully filled and stamped
price schedule (pass/fail). Any inconsistency in pricing and arithmetic calculations in quantities
unit and total prices shall lead to automatic disqualification.
i. The tender sum as read out during tender opening shall be absolute and final.
ii. In case of any discrepancy between amount in figures and amount in words, the
amount in words shall prevail.
iii. Award of the tender shall be to the responsive tenderer with the lowest evaluated price
per Lot.

DUE DILIGENCE:

NEMA may conduct a due diligence after Tender evaluation process and before award of the
contract to confirm and verify the qualifications of the lowest evaluated most responsive
tenderer to be awarded the contract.
RECOMMENDATION FOR AWARD

The lowest evaluated bidder will be recommended for award of contract.

2.2.4. Multiple Contracts (ITT 33.4)

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

OPTION 1

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

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

OPTION 2

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

2.2.5. Alternative Tenders

33
 (ITT 13.1) An alternative if permitted under

ITT 13.1, will be evaluated as follows: [insert

one of the following]

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

4. MARGIN OF PREFERENCE

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

4.2 The margin of preference will be applied in accordance with, and subject
to, the following provisions:
a) Tenderers applying for such preference on goods offered shall
provide, as part of the data for qualification, such information,
including details of the goods produced in Kenya, so as to
determine whether, according to the classification established by
the Procuring Entity, a particular category of goods or group of
goods qualifies for a margin of preference.
b) After Tenders have been received and reviewed by the Procuring
Entity, goods offered in the responsive Tenders shall be assessed
to ascertain they are manufactured, mined, extracted, grown,
assembled or semi- processed in Kenya. Responsive tenders shall
be classified into the following groups:
i) Group A: Tenders offering goods manufactured in Kenya,
for which (a) labour, raw materials, and components from
within Kenya account for more than forty (40) percent of
the Ex-Works price; and
(b) the production facility in which they will be manufactured
or assembled has been
engaged in manufacturing or assembling such goods at least
since the date of Tender
Submission date;
ii) Group B: All other Tenders offering Goods manufactured in Kenya;
iii) Group C: Tenders offering Goods manufactured outside
Kenya that have been already imported or that will be
imported.
c) To facilitate this classification by the Procuring Entity, the
Tenderer shall complete whichever version of the Price Schedule
furnished in the Tender Documents is appropriate. Incorrect
classification may render the Tender non-responsive as no
reclassification will be permitted after Tender opening. Tenderers
shall provide correct information especially with respect to duties,

34
 taxes etc. paid on previously imported Goods and percentage of
local labour, materials and components for Goods manufactured
in Kenya as any false information which cannot be supported by
documentation may render the Tender non-responsive besides
other sanctions for providing falsified information.
d) The Procuring Entity will first review the Tenders to confirm the
appropriateness of the Tender group classification to which
Tenderers assigned their Tenders in preparing their Tender Forms
and Price Schedules.
e) All evaluated Tenders in each group will then be compared to
determine the lowest evaluated Tender of each group. Such lowest
evaluated Tenders shall be compared with each other and if as
a result of this comparison a Tender from Group A or Group B
is the lowest, it shall be selected for the award.
f) If as a result of the preceding comparison, the lowest evaluated
Tender is a Tender from Group C, all Tenders from Group C
shall be further compared with the lowest evaluated Tender from
Group A after adding to the evaluated price of goods offered in
each Tender from Group C, for the purpose of this further
comparison only, an amount equal to 15% (fifteen percent) of the
respective CIP Tender price for goods to be imported and already
imported goods. Both prices shall include unconditional discounts
and be corrected for arithmetical errors. If the Tender from Group
A is the lowest, it shall be selected for award. If not, the lowest
evaluated Tender from Group C shall be selected as per
paragraph (e) above.”
4.3 Post-Qualification Criteria (ITT 37.1)

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

4.4 If the Tenderer is a manufacturer

a) Financial Capability
i) The Tenderer shall demonstrate that it has access to, or has available, liquid
assets, unencumbered real assets, lines of credit, and other financial means
(independent of any contractual advance payment) sufficient to meet the supply
cash flow of Kenya Shillings

[or equivalent].
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount, specify a figure about 2.5 times the total Tender price)] or equivalent
calculated as total certified payments received for contracts of goods manufactured
and supplied within the last
[insert
number of years). In case of multiple contracts, limitation will be placed on the
number of item(s) that will be awarded to the Tenderer.

35
 b) Experience and Technical Capacity

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

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

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

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

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

4.5 If Tenderer is a Supplier:

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

under Manufacturer's Authorization Form (Section IV, Tendering Forms), the
Manufacturer shall demonstrate the above qualifications 4.2 (b) (i), (ii), and (iii) and
the Tenderer shall demonstrate it meets the following criteria.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent
of any contractual advance payment) sufficient to meet the supply cash flow of
Kenya Shillings
______________
ii) Minimum average annual supply turnover of KenyaShillings
[in
sert amount] or equivalent calculated as total certified payments received for
contracts in progress and/or completed within the last [insert of year] years,
divided by [insert number of years] years.

36
 iii) Has satisfactorily and substantially completed at least ____(specify
number) contract(s) of a similar nature either within Kenya, the East African
Community or abroad, as a prime supplier or a joint venture member, each of
a minimum value in Kenya shillings
___________
______equivalent.

4.6 History of non-performing contracts:

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

4.7 Pending Litigation

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

4.6. Litigation History

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

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

37
SECTION IV - TENDERING FORMS

a. Form of Tender Tenderer Information Form Tenderer JV Members

Information Form

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

Price Schedule: Goods Manufactured Outside Kenya, already

imported Price Schedule: Goods Manufactured in Kenya Price and

Completion

c. Schedule – Related Services Form of Tender Security – Demand

Guarantee Form of Tender Security (Tender Bond)

d. Form of Tender-Securing Declaration Manufacturer’s Authorization Form

38
 FORM OF TENDER
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS

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

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

iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
and the SELF DECLARATION FORMS OF THE TENDERER as listed under (s) below.

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

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

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

Tender for an alternative]

To: NATIONAL ENVIRONMENT MANEGEMENT AUTHORITY (NEMA)

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

39
 discounts are shown below:………… [Specify in detail the method that shall be
used to apply the discounts];

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

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

performance security in accordance with the Tendering document;

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

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

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

l) Commissions, gratuities, fees: We have paid, or will pay the following

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

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

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

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

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

40
 p) Code of Ethical Conduct: We undertake to adhere by the Code of Ethics for
Persons Participating in Public Procurement and Asset Disposal, copy available
from______________(specify website) during the procurement process and the
execution of any resulting contract.

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

r) Beneficial Ownership Information: We commit to provide to the procuring entity the

Beneficial Ownership Information in conformity with the Beneficial Ownership Disclosure
Form upon receipt of notification of intention to enter into a contract in the event we are
the successful tenderer in this subject procurement proceeding.

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

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

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

Title of the person signing the Tender: ……………………………………………………..[insert

complete title of the person signing the Tender]

Signature of the person named above: …………………………………… [insert signature of

person whose name and capacity are shown above]

Date signed ……………………… [insert date of signing] day of …………………… [insert

month], [insert year]

41
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

National Environment Management Authority ( NEMA) for: [Name and
number of tender] in response to the request for tenders made by:
[Name of
Tenderer] do hereby make the following statements that I certify to be true
and complete in every respect:

I certify, on behalf of [Name

of Tenderer] that:

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

2. I understand that the Tender will be disqualified if this Certificate is

found not to be true and complete in every respect;

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

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

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

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

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

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

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

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

or arrangement with any competitor regarding the quality, quantity,
42
 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]

43
SELF-DECLARATION FORMS

FORM SD1

SELF DECLARATION THAT THE PERSON/TENDERER IS NOT

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

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

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

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

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

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

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

knowledge, information and belief.

…………………………. …………………..…. ………………………

(Title) (Signature) (Date)

Bidder Official Stamp

44
 FORM SD2

SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE

IN ANY CORRUPT OR FRAUDULENT PRACTICE

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

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

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

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

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

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

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

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

information and belief.

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

Bidder’s Official Stamp

45
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…………………………………………….................................

46
 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;
47
7) If a person contravenes subsection (1) with respect to a conflict of interest
described in subsection (5)(a) and the contract is awarded to the person or his
relative or to another person in whom one of them had a direct or indirect
pecuniary interest, the contract shall be terminated and all costs incurred by
the public entity shall be made good by the awarding officer. Etc.

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

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

• deliberately destroying, falsifying, altering, or concealing of evidence material

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

• acts intended to materially impede the exercise of the PPRA's or the appointed
authority's inspection and audit rights provided for under paragraph 2.3 e.
below.

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

provisions set forth for fraudulent and collusive practices as follows:

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

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

c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or
individual recommended for award, any of its personnel, or its agents, or its
sub-consultants, sub-contractors, service providers, suppliers and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;

48
d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or
debar or recommend to appropriate authority (ies) for sanctioning and
debarment of a firm or individual, as applicable under the Acts and Regulations;

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

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

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

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

1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall

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

49
TENDERER INFORMATION FORM

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

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

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

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

alternative] Page of_ pages

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

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

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

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

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

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

50
 2. Included are the organizational chart and a list of Board of Directors

51
 TENDERER’S ELIGIBILITY- CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM

a) Instruction to Tenderer

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

A. Tenderer’s details

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

5 Date and Time of Tender Opening

6 Current Trade License No and Expiring

date
7 Maximum value of business which the
Tenderer handles.
8

General and Specific Details

b) Sole Proprietor, provide the following details.

Name in full

_____________________

Age Nationality

______________________

Country of Origin Citizenship

_____

c) Partnership, provide the following details.

Names of Nationality Citizenship % Shares

52
 Partners owned
1
2
3

(d) Registered Company, provide the following details.

i) Private or public Company _______________________

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

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

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

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares

owned
1
2
3

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

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

If yes, provide details as follows.

Names of Person Designation in the Interest or

Procuring Entity Relationship with
Tenderer
1
2
3

(ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of

YES OR the relationship with
NO Tenderer
1 Tenderer is directly or
indirectly controlled by or
is under common control
with another tenderer.
2 Tenderer receives or has
received any direct or
indirect subsidy from
another tenderer.
3 Tenderer has the same
legal representative as

53
 Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO Tenderer
another tenderer
4 Tender has a relationship
with another tenderer,
directly or through
common third parties that
puts it in a position to
influence the tender of
another tenderer, or
influence the decisions of
the Procuring Entity
regarding this tendering
process.
5 Any of the Tenderer’s
affiliates participated as a
consultant in the
preparation of the design
or technical specifications
of the works that are the
subject of the tender.
6 Tenderer would be
providing goods, works,
non-consulting services or
consulting services during
implementation of the
contract specified in this
Tender Document.
7 Tenderer has a close
business or family
relationship with a
professional staff of the
Procuring Entity who are
directly or indirectly
involved in the
preparation of the Tender
document or specifications
of the Contract, and/or the
Tender evaluation process
of such contract.
8 Tenderer has a close
business or family
relationship with a
professional staff of the
Procuring Entity who
would be involved in the
implementation or
supervision of the
Contract.
9 Has the conflict stemming
from such relationship
stated in item 7 and 8
above been resolved in a
54
 Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO Tenderer
manner acceptable to the
Procuring Entity
throughout the tendering
process and execution of
the Contract?

(f) Certification

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

Full Name________________________________________________

Title or Designation________________________________________

(Signature) (Date)

55
TENDERER’S JV MEMBERS INFORMATION FORM

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

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

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

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

Page of pages

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

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

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

56
 Price Schedule Form

LOT.1
No Description. Reference Printer Qty Unit Cost Total Cost
(Inc. Vat) Inc. Vat)

(Ecosys M2640idw)
1 Toner TK-1170 63
(Task alpha 6003i)
2 Toner TK-6325 6
(Task alpha color 2551ci)
3 Toner TK-82325 4
(Laserjet pro MFP 426dn)
4 Toner 26A 12
(Hp 400 mfp m425dn)
5 Toner 80A 8
(Laserjet p2055dn)
6 Toner 05A 6
(Hp laserjet p4015)
7 Toner 64A 4
(Laserjet pro mfp M227dn)
8 Toner 30A 6
(Laserjet color mfp
9 Toner 207A 283fdw) 4
(Hp laserjet 3052)
10 Toner 12A 2
(Lasejet 500 mfp)
11 Toner 55A 14
(Hp Color laserjet mfp
12 Toner 415A m479fdw 12
(Hp Laserjet 3055)
13 Toner 12A 2
(Laserjet pro M428fdw)
14 Toner 59A 3
(Laserjet enterprise M607)
15 Toner 37A 12
(Hp laserjet proM402 dn)
16 Toner 26A 2
Epson LX300 +II Epson LX300
17 Dotmatrix ribbon 3

TOTAL COST

LOT 2.
No Description. Reference Qty Unit Cost Total Cost
Printer (Inc. Vat) Inc. Vat)

(Konica Bizhub
1 Toner TNP60 3622) 105
Konica Minolta
2 Imaging units Buzhub 3622 15

TOTAL COST

57
58
47

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

Beneficiary:
Request forTenders No:

Date:
TENDER GUARANTEE No.:
Guarantor:

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

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

be supported by a Tender guarantee.

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

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

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

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

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

[signature(s)]

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

59
FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

TENDER GUARANTEE No.:

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

2. KNOW ALL PEOPLE by these presents that WE ………………… of ………… [Name of

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

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

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

Applicant:

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

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

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

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

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

_________________________ ______________________________
[Date ] [Signature of the Guarantor]
_________________________ ______________________________
[Witness] [Seal]
 Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.

61
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].

62
Seal or stamp.

63
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]

64
PART 2: SUPPLY REQUIREMENTS
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).

53
 1. List of Goods and Delivery Schedule
[The Procuring Entity shall fill in this table, with the exception of the column “Tenderer's offered Delivery date” to be filled by the tenderer]

Line Description of Goods Quantity Physical Final Delivery (as per Incoterms) Date
Item unit Destination as Earliest Delivery Latest Delivery Date Tenderer’s offered Delivery
N specified in Date date [to be provided by the
TDS tenderer]

[insert [insert description of [insert [insert [insert place [insert the number [insert the number [insert the number of days
item Goods] quantity of physical of Delivery] of days following of days following the following the date of
No] item to be unit for the the date of date of effectiveness effectiveness the Contract]
supplied] quantity] effectiveness the the Contract]
Contract]
1 Toner TK-1170 (Ecosys Pcs NEMA Within 1 week of Within 30 days of
M2640idw) 63 Headquarters Contract signing contract signing
2 Toner TK-6325 (Task Pcs NEMA Within 1 week of Within 30 days of
alpha 6003i) 6 Headquarters Contract signing contract signing
3 Toner TK-82325 (Task Pcs NEMA Within 1 week of Within 30 days of
alpha color 2551ci) 4 Headquarters Contract signing contract signing
4 Toner TNP60 (Konica Pcs NEMA Within 1 week of Within 30 days of
Bizhub 3622) 105 Headquarters Contract signing contract signing
5 Toner 26A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
pro MFP 426dn) 12 Headquarters Contract signing contract signing
6 Toner 80A (Hp 400 mfp Pcs NEMA Within 1 week of Within 30 days of
m425dn) 8 Headquarters Contract signing contract signing
7 Toner 05A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
p2055dn) 6 Headquarters Contract signing contract signing
8 Toner 64A(Hp laserjet Pcs NEMA Within 1 week of Within 30 days of
p4015) 4 Headquarters Contract signing contract signing
9 Toner 30A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
pro mfp M227dn) 6 Headquarters Contract signing contract signing
10 Toner 207A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
color mfp 283fdw) 4 Headquarters Contract signing contract signing
11 Toner 12A (Hp laserjet Pcs NEMA Within 1 week of Within 30 days of
3052) 2 Headquarters Contract signing contract signing
54

12 Toner 55A (Lasejet 500 14 Pcs NEMA Within 1 week of Within 30 days of
 mfp) Headquarters Contract signing contract signing
13 Toner 415A (Hp Color Pcs NEMA Within 1 week of Within 30 days of
laserjet mfp m479fdw 12 Headquarters Contract signing contract signing
14 Toner 12A (Hp Laserjet Pcs NEMA Within 1 week of Within 30 days of
3055) 2 Headquarters Contract signing contract signing
15 Toner 59A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
pro M428fdw) 3 Headquarters Contract signing contract signing
16 Toner 37A (Laserjet Pcs NEMA Within 1 week of Within 30 days of
enterprise M607) 12 Headquarters Contract signing contract signing
17 Toner 26A (Hp laserjet Pcs NEMA Within 1 week of Within 30 days of
proM402 dn) 2 Headquarters Contract signing contract signing
18 Epson LX300 +II Pcs NEMA Within 1 week of Within 30 days of
Dotmatrix ribbon 3 Headquarters Contract signing contract signing
19 Imaging units for Pcs NEMA Within 1 week of Within 30 days of
Konica Minolta Bizhub Headquarters Contract signing contract signing
3622 15
55

2. List of Related Services and Completion Schedule

[This table shall be filled in by the Procuring Entity. The Required Completion Dates should be realistic, and consistent with the required Goods
Delivery Dates (as per Incoterms)].

Place where Services Final Completion

Service Description of Service Quantity1 Physical Unit shall be performed Date(s) of Services

[insert [insert description of Related Services] [insert quantity of [insert physical unit [insert name of the [insert required
Service items to be for the items] Place] Completion Date(s)]
No] supplied]
N/A

1
If applicable
3. Technical Specifications

3.1 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.

3.2 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.

3.3 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

70
 characteristics in respect to the corresponding acceptable or guaranteed values.
3.4 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.

3.5 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:

Line Description of Goods Quantity Physical unit

Item
N

[insert [insert description of Goods] [insert quantity of [insert physical unit for the
item item to be supplied] quantity]
No] Original Toners(Class One) as follows
1 Toner TK-1170 (Ecosys M2640idw) 63 Pcs
2 Toner TK-6325 (Task alpha 6003i) 6 Pcs
3 Toner TK-82325 (Task alpha color 2551ci) 4 Pcs
4 Toner TNP60 (Konica Bizhub 3622) 105 Pcs
5 Toner 26A (Laserjet pro MFP 426dn) 12 Pcs
6 Toner 80A (Hp 400 mfp m425dn) 8 Pcs
7 Toner 05A (Laserjet p2055dn) 6 Pcs
8 Toner 64A(Hp laserjet p4015) 4 Pcs
9 Toner 30A (Laserjet pro mfp M227dn) 6 Pcs
10 Toner 207A (Laserjet color mfp 283fdw) 4 Pcs
11 Toner 12A (Hp laserjet 3052) 2 Pcs
12 Toner 55A (Lasejet 500 mfp) 14 Pcs
13 Toner 415A (Hp Color laserjet mfp m479fdw 12 Pcs
14 Toner 12A (Hp Laserjet 3055) 2 Pcs
15 Toner 59A (Laserjet pro M428fdw) 3 Pcs
16 Toner 37A (Laserjet enterprise M607) 12 Pcs
17 Toner 26A (Hp laserjet proM402 dn) 2 Pcs
18 Epson LX300 +II Dotmatrix ribbon 3 Pcs
19 Imaging units for Konica Minolta Bizhub 3622 15 Pcs

Detailed Technical Specifications and Standards [insert whenever necessary]. [Insert detailed description of TS

4. Inspections and Tests

The toners will be subjected to authenticity check at the point of delivery.

The toners should be delivered in original packaging and genuine seals shall be verified.
Any toner which shall not meet authenticity standard shall be rejected.

71
PART 3 - CONDITIONS OF CONTRACT
AND CONTRACT FORMS

72
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.

73
2.2. Incoterms
a) Unless inconsistent with any provision of the Contract, the meaning of any trade term and
the rights and obligations of parties thereunder shall be as prescribed by Incoterms specified
in the SCC.
b) The terms EXW and CIP and other similar terms, when used, shall be governed by the rules
prescribed in the current edition of Incoterms specified in the SCC and published by the
International Chamber of Commerce in Paris, France.

3. Contract Documents

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

4. Fraud and Corruption

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

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

4.1 Entire Agreement

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

4.2 Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated,
expressly refers to the Contract, and is signed by a duly authorized representative of each party
thereto.

4.3 Non-waiver

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

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

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

4.4 Severability

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

74
 such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
5. Language

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

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

6. Joint Venture, Consortium or Association

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

7. Eligibility

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

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

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

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

9. Governing Law
9.1 The Contract shall be governed by and interpreted in accordance with the laws of Kenya.
9.2 Throughout the execution of the Contract, the Supplier shall comply with the import of goods and
services prohibitions in Kenya:
a) where, as a matter of law, compliance or official regulations, Kenya prohibits commercial
relations with that country or any import of goods from that country or any payments to any
country, person, or entity in that country ; or
b) by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, Kenya prohibits any import of goods from
that country or any payments to any country, person, or entity.

10. Settlement of Disputes

10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably by direct
negotiation any disagreement or dispute arising between them under or in connection with the
Contract.

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

10.2 Arbitration proceedings shall be conducted as follows:

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

10.3 Arbitration Proceedings

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

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

10.3.3 Alternative Arbitration Proceedings

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

10.4 Arbitration with Foreign Suppliers

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

10.5 Alternative Arbitration Proceedings

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

10.6 Failure to Comply with Arbitrator’s Decision

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

10.7 Contract operations continue

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

11. Inspections and Audit by the Procuring Entity

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

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

12. Scope of Supply

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

13. Delivery and Documents

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

14. Supplier’s Responsibilities

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

15. Contract Price

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

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

16. Terms of Payment

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

17. Taxes and Duties

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

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

18. Performance Security

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

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

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

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

19. Copyright

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

20. Confidential Information

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

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

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

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

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

21. Subcontracting

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

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

22. Specifications and Standards

22.1 Technical Specifications and Drawings

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

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

24. Insurance

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

25. Transportation and Incidental Services

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

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

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

26. Inspections and Tests

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

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

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

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

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

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

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

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

27. Liquidated Damages

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

28. Warranty

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

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

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

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

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

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

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29. Patent Indemnity

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

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

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

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

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

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

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

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

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

31. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 30 days prior to date of Tender
submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in Kenya (which shall be deemed to include any change in
interpretation or application by the competent authorities) that subsequently affects the Delivery

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 Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in
the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such
additional or reduced cost shall not be separately paid or credited if the same has already been
accounted for in the price adjustment provisions where applicable, in accordance with GCC Clause
15.

32. Force Majeure

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

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

33. Change Orders and Contract Amendments

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

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

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

33.4 Value Engineering: The Supplier may prepare, at its own cost, a value engineering proposal at
any time during the performance of the contract. The value engineering proposal shall, at a
minimum, include the following;
a) the proposed change(s), and a description of the difference to the existing contract requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and estimate of
costs (including life cycle costs) the Procuring Entity may incur in implementing the value
engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

33.5 The Procuring Entity may accept the value engineering proposal if the proposal demonstrates benefits
that:
a) accelerates the delivery period; or
b) reduces the Contract Price or the life cycle costs to the Procuring Entity; or

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 c) improves the quality, efficiency or sustainability of the Goods; or
d) yields any other benefits to the Procuring Entity, without compromising the necessary
functions of the Facilities.

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

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

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

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

35. Termination

35.1 Termination for Default

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

35.2 Termination for Insolvency.

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

35.2 Termination for Convenience.

a) The Procuring Entity, by notice sent to the Supplier, may terminate the Contract, in whole or
in part, at any time for its convenience. The notice of termination shall specify that termination
is for the Procuring Entity's convenience, the extent to which performance of the Supplier
under the Contract is terminated, and the date upon which such termination becomes effective.
b) The Goods that are complete and ready for shipment within twenty-eight (28) days after the
84
 Supplier's receipt of notice of termination shall be accepted by the Procuring Entity at the
Contract terms and prices. For the remaining Goods, the Procuring Entity may elect:
i) to have any portion completed and delivered at the Contract terms and prices; and/or
ii) to cancel the remainder and pay to the Supplier an agreed amount for partially completed
Goods and Related Services and for materials and parts previously procured by the
Supplier.
36. Assignment

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

37. Export Restriction

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

85
SECTION VII - SPECIAL CONDITIONS OF CONTRACT

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

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

SECTION VII - SPECIAL CONDITIONS OF CONTRACT

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

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

Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is: NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the meaning of any
trade term and the rights and obligations of the parties thereunder shall not be as prescribed
by Incoterms, they shall be as prescribed by: [exceptional; refer to other internationally
accepted trade terms]
GCC 4.2 (b) The version edition of Incoterms shall be INCOTERMS 2015
GCC 8.1 For notices, the Procuring Entity’s address shall be:
Attention: [ insert full name of person, if applicable]
Postal address (full postal address)
Physical Address (full Location Address- insert city, street name, Building named floor
number, room number)
Telephone: [include telephone number, including country and city codes]
Electronic mail address: [insert e-mail address, if applicable]
GCC 10.4.2 The place of arbitration shall be --------------------- (specify City and Country).
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are [insert the
required documents, such as a negotiable bill of lading, a non-negotiable sea way bill, an
airway bill, a railway consignment note, a road consignment note, insurance certificate,
Manufacturer’s or Supplier’s warranty certificate, inspection certificate issued by
nominated inspection agency, Supplier’s factory shipping details etc.].

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

If prices are adjustable, the following method shall be used to calculate the price adjustment
[see attachment to these SCC for a sample Price Adjustment Formula]
GCC 16.1
GCC 16.1—The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows: UPON Delivery, Inspection and Acceptance of the goods.

A. Payment for Goods supplied from abroad:

(i) Advance Payment: N/A

GCC 16.5 The payment-delay period after which the Procuring Entity shall pay interest to the supplier
shall be 90 days.

The interest rate that shall be applied is TBA %

GCC 18.1 A Performance Security“shall not” be required]
86
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 [insert “a freely convertible

currency acceptable to the Procuring Entity” or “the currencies of payment of the
Contract, in accordance with their portions of the Contract Price”]
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:
Original manufacturer’s packaging
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows:
[insert specific insurance provisions agreed upon, including coverage, currency and
amount]
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:

[insert “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 (specify the respective
responsibilities of the Procuring Entity and the Supplier)]
GCC 25.2 Incidental services to be provided are:
[Selected services covered under GCC Clause 25.2 and/or other should be specified with
the desired features. The price quoted in the Tender price or agreed with the selected
Supplier shall be included in the Contract Price.]
GCC 26.1 The inspections and tests shall be: [insert nature, frequency, procedures for carrying out
the inspections and tests]
GCC 26.2 The Inspections and tests shall be conducted at: NEMA HEADQUARTERS
GCC 27.1 The liquidated damage shall be: [insert number] % per week
GCC 27.1 The maximum amount of liquidated damages shall be: [insert number] %
GCC 28.3
The period of validity of the Warranty shall be: [insert number] days
For purposes of the Warranty, the place(s) of final destination(s) shall be:
[insert name(s) of location(s)]

Sample provision

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

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

or

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

[The rate should be higher than the adjustment rate used in the Tender evaluation under
TDS 34.6(f)]

87
GCC 28.5, GCC The period for repair or replacement shall be: [insert number(s)] days.
28.6
GCC 33.6 If the value engineering proposal is approved by the Procuring Entity the amount to be paid
to the Supplier shall be ___% (insert appropriate percentage.

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

88
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.

89
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.

90
 S/No. Name of Tender Tender Price Tender’s evaluated One Reason Why Not Evaluated
as read out price (Note a)
1
2
3
4
5

(Note a) State NE if not evaluated

5. How to request a debriefing

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

6. How to make a complaint

a) Period: Procurement-related Complaint challenging the decision to award shall be submitted by
midnight, [insert date] (local time).
b) Provide the contract name, reference number, name of the Tenderer, contact details; and
address the Procurement-related Complaint as follows:
I) Attention: [insert full name of person, if applicable]
ii) Title/position: [insert title/position]
iii) Agency: [insert name of Employer]
iv) Email address: [insert email address]
c) At this point in the procurement process, you may submit a Procurement-related Complaint
challenging the decision to award the contract. You do not need to have requested, or received,
a debriefing before making this complaint. Your complaint must be submitted within the
Standstill Period and received by us before the Standstill Period ends.
d) Further information: For more information refer to the Public Procurement and Disposals Act
2015 and its Regulations available from the Website www.ppra.go.ke or email
complaints@ppra.go.ke.
91
 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:

92
FORM NO. 2 - REQUEST FOR REVIEW

FORM FOR REVIEW(r.203(1))

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………...……………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity of ……………dated the…day of
………….20……….in the matter of Tender No………..…of …………..20….. for .........(Tender description).

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….P. O. Box

No…………. Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to review
the whole/part of the above mentioned decision on the following grounds , namely:
1.
2.
By this memorandum, the Applicant requests the Board for an order/orders that:
1.
2.
SIGNED ……………….(Applicant) Dated on…………….day of ……………/…20……
___________________________________________________________________________
FOR OFFICIAL USE ONLY Lodged with the Secretary Public Procurement Administrative Review Board on…………day of
………....20….………
SIGNED
Board Secretary

93
FORM NO. 3 LETTER OF AWARD

[Use letter head paper of the Procuring Entity]

[Date]

To: [name and address of the Supplier]

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

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

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

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

94
FORM NO. 4 - CONTRACT AGREEMENT

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

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

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

[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.

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

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

For and on behalf of the Procuring Entity

Signed: [insert signature]

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

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

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

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

[insert identification of official witness]

95
FORM NO. 5 - PERFORMANCE SECURITY [Option 1 - Unconditional Demand Bank
Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of

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

1. We have been informed that

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

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

performance guarantee is required.

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

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

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

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

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

96
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond]

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

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of

Employer] Date: [Insert date of issue]

PERFORMANCE BOND No.:

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

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

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

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

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

4. The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

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

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

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

98
FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee]
[Guarantor letterhead]

Beneficiary: ___________________ [Insert

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

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference

number]

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

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

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

3. At the request of the Contractor, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of _____________________ (in words ___________________) 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 ___ day of _____________, 2___,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]

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

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency of
the advance payment as specified in the Contract.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of
the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor.
Such request must be in writing and must be made prior to the expiration date established in the guarantee.
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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

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

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

Tender Reference No.: [insert identification

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

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

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

Details of beneficial ownership

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

Indirect………
…

10
0
 Details of all Beneficial Owners % of shares % of voting Whether a person Whether a
a person rights a person directly or indirectly person directly
holds in the holds in the holds a right to or indirectly
company company appoint or remove a exercises
Directly or member of the board significant
indirectly of directors of the influence or
company or an control over the
equivalent governing Company
body of the Tenderer (tenderer) (Yes
(Yes / No) / No)

2. Full Name Directly------ Directly……… 1. Having the right to 1. Exercises

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

3.

e.t
.c

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

III) In determining who meets the threshold of who a beneficial owner is, the Tenderer must consider a natural person
who in relation to the company:

(a) holds at least ten percent of the issued shares in the company either directly or indirectly;

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

(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or
 (d) exercises significant influence or control, directly or indirectly, over the company.

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

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

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

person duly authorized to sign the Tender]

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

Tender]

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

shown above]

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

Bidder Official Stamp

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

Email: info@ppra.go.ke Website: www.ppra.go.ke