ENHANCING ACCOUNTABILITY

P.O Box 30084-00100,

Anniversary Towers, Nairobi
info@[Link] ; procurement@[Link]

TENDER NAME:

SUPPLY AND DELIVERY OF OFFICE STATIONERY UNDER

FRAMEWORK AGREEMENT FOR 3 YEARS

TENDER NUMBER: OAG/OT/07/2024-2025

TENDER CLOSING/OPENING DATE: 15 JANUARY 2025

TIME: 11:00 A.M.

Office of the Auditor-General, Anniversary Towers P. O. Box 30084-00100, Nairobi,

Kenya Tel: +254203214000. Website: [Link] Email:
info@[Link]

Office of the Auditor-General Kenya @OAG_Kenya

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1) Name and contact addresses of procuring entity

Office of the Auditor-General

P.O. Box 30084-00100,
Anniversary Towers, Nairobi
info@[Link]; procurement@[Link] ;

2) Invitation to Tender (ITT) No. OAG/OT/07/2024-2025

3) Tender Name: Supply and Delivery of Office Stationery under Framework

Agreement

Page 2 of 119
INVITATION TO TENDER

Date: 23 December 2024

PROCURING ENTITY : OFFICE OF THE AUDITOR-GENERAL

Tender Name: SUPPLY AND DELIVERY OF OFFICE STATIONERY UNDER

FRAMEWORK AGREEMENT - OAG/OT/07/2024-2025

1. The Office of the Auditor-General invites sealed tenders for Supply and
Delivery of Office Stationery under Framework Agreement.

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

standardized tender document. Tendering is reserved for the disadvantaged
groups (Youth Only). Tenders will be awarded on basis of Framework
Agreement.
3. Qualified and interested tenderers may obtain further information and inspect
the Tender Documents during office hours 08:00hrs to 15:00hrs at the address
given below.
4. A complete set of tender documents may be obtained electronically from the
Website [Link] or [Link]. Tender documents
obtained electronically will be free of charge.

5. Tender documents may be viewed and downloaded for free from the website
[Link] or [Link]. Tenderers who download the
tender document must forward their particulars immediately to
procurement@[Link] to facilitate any further clarification or
addendum.

6. All Tenders must be accompanied by a duly executed FORM OF TENDER-

SECURING DECLARATION in the format provided.

7. The Tenderer shall chronologically serialize all pages of the tender documents
submitted including all the attachments. The Serialization/pagination of the
document shall be done using a numbering machine or Computer
serialization. (Hand written Numbering/Serialization will be deemed non–
responsive).

8. Completed tenders must be delivered to the address below on or before 15

JANUARY 2025 at 11:00 A.M. (EAT). Electronic Tenders will not be permitted .

9. 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.

10. A levy (Public Procurement Capacity Building Levy) at the rate of 0.03%
shall be paid from the value of the signed contract, exclusive of applicable
taxes.

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11. Late tenders will be rejected.

12. The addresses referred to above are:

Address for obtaining further information
The Auditor-General
Office of the Auditor-General,
Anniversary Towers Nairobi
Procurement Office 8th Floor
P.O. Box 30084-00100
NAIROBI
Email: procurement@[Link]

Address for Submission of Tenders.

The Auditor-General
Office of the Auditor-General,
Anniversary Towers Nairobi
Procurement Office 8th Floor
P.O. Box 30084-00100
NAIROBI

Tenders to be inserted in the Tender Box situated on 8th Floor. Bulky tenders to
be delivered and must be registered with the Procurement Office, 8 th Floor
Room 803.

Address for Opening of Tenders.

The Auditor-General
Office of the Auditor-General,
Anniversary Towers Nairobi
4th Floor Boardroom
P.O. Box 30084-00100
NAIROBI

Deputy Auditor-General
Corporate Services

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PART 1 - TENDERING PROCEDURES

Page 5 of 119
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

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 for the execution of the entire Contract in accordance with the Contract terms.
The JV shall nominate a Representative who shall have the authority to conduct
all business for and on behalf of any and all the members of the JV during the
Tendering process and, in the event the JV is awarded the Contract, during
contract execution. The maximum number of JV members shall be specified in
the TDS.
3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or
Sister. Child, Parent, Brother or Sister of a Spouse their business associates or
agents and firms/organizations in which they have a substantial or controlling
interest shall not be eligible to tender or be awarded a contract. Public Officers
are also not allowed to participate in any procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a
conflict of interest shall be disqualified. A Tenderer may be considered to have
a conflict of interest for the purpose of this Tendering process, if the Tenderer:
a) directly or indirectly controls, is controlled by or is under common control with
another Tenderer; or
b) receives or has received any direct or indirect subsidy from another Tenderer;
or
c) has the same - representative or ownership as another Tenderer; or
d) has a relationship with another Tenderer, directly or through common third
parties, that puts it in a position to influence the Tender of another Tenderer,
or influence the decisions of the Procuring Entity regarding this Tendering
process; or
e) or any of its affiliates participated as a consultant in the preparation of the
design or technical specifications of the goods that are the subject of the
Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the
Procuring Entity or Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or
directly related to consulting services for the preparation or implementation of
the project specified in the TDS ITT 1.1 that it provided or were provided by
any affiliate that directly or indirectly controls, is controlled by, or is under
common control with that firm; or has a close business or family relationship
with a professional staff of the Procuring Entity (or of the project implementing
agency, who: (i) are directly or indirectly involved in the preparation of the
tendering document or specifications of the Contract, and/or the Tender evaluation
process of such Contract; or (ii) would be involved in the implementation or
supervision of such Contract unless the conflict stemming from such relationship
has been resolved in a manner acceptable to the Procuring Entity throughout
the Tendering process and execution of the Contract.
3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or
fraudulent practice. A tenderer that is proven to have been involved in any of
these practices shall be automatically disqualified.
3.5 A firm that is a Tenderer (either individually or as a JV member) shall not
submit more than one Tender, except for permitted alternative Tenders. This
includes participation as a subcontractor. Such participation shall result in the
disqualification of all Tenders in which the firm is involved. A firm that is not a
Tenderer or a JV member, may participate as a subcontractor in more than one
Tender. Members of a joint venture may not also make an individual tender, be
a subcontractor in a separate tender or be part of another joint venture for the
purposes of the same Tender.
3.6 A Tenderer may have the nationality of any country, subject to the restrictions

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 pursuant to ITT3.9. A Tenderer shall be deemed to have the nationality of a
country if the Tenderer is constituted, incorporated or registered in and operates
in conformity with the provisions of the laws of that country, as evidenced by
its articles of incorporation (or equivalent documents of constitution or association)
and its registration documents, as the case may be. This criterion also shall
apply to the determination of the nationality of proposed subcontractors or sub
consultants for any part of the Contract including related Services.
3.7 A Tenderer that has been debarred by the PPRA from participating in public
procurement shall be ineligible to tender or be awarded a contract. The list of
debarred firms and individuals is available from the PPRA's website
[Link]
3.8 Tenderers that are state-owned enterprises or institutions may be eligible to
compete and be awarded a Contract(s) only if they are (i) a legal public entity
of the state Government and/or public administration, (ii) financially autonomous
and not receiving any significant subsidies or budget support from any public
entity or Government, and (iii) operating under commercial law and vested with
legal rights and liabilities similar to any commercial enterprise to enable it
compete with firms in the private sector on an equal basis. Public employees
and their close relatives are not eligible to participate in the tender.
3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or
official regulations, Kenya prohibits commercial relations with that country, or(b)
by an act of compliance with a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations, Kenya prohibits
any import of goods or contracting for supply of goods or services from that
country, or any payments to any country, person, or entity in that country. A
tenderer shall provide such documentary evidence of eligibility satisfactory to the
Procuring Entity, as the Procuring Entity shall reasonably request.

3.10 Tenderers shall provide the qualification information statement that the tenderer
(including all members of a joint venture and subcontractors) is not associated,
or have been associated in the past, directly or indirectly, with a firm or any of
its affiliates which have been engaged by the Procuring entity to provide
consulting services for the preparation of the design, specifications, and other
documents to be used for the procurement of the goods under this Invitation for
tenders.

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

3.12 The Competition Act of Kenya requires that firms wishing to tender as Joint
Venture undertakings which may prevent, distort or lessen competition in provision
of services are prohibited unless they are exempt in accordance with the
provisions of Section 25 of the Competition Act, 2010. JVs will be required to
seek for exemption from the Competition Authority. Exemption shall not be a
condition for tender, but it shall be a condition of contract award and signature.
A JV tenderer shall be given opportunity to seek such exemption as a condition
of award and signature of contract. Application for exemption from the Competition
Authority of Kenya may be accessed from the website [Link].

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

4. Eligible Goods and Related Services

4.1 All the Goods and Related Services to be supplied under the Contract shall

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 have their origin in any country that is eligible in accordance with ITT 3.9.

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

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

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

4.5 Any goods, works and production processes with characteristics that have been
declared by the relevant national environmental protection agency or by other
competent authority as harmful to human beings and to the environment shall
not be eligible for procurement.

5. Sections of Tendering Document

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

PART 1: Tendering Procedures

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

PART 2: Supply Requirements

v) Section V - Schedule of Requirements

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

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

viii) Section VIII- Contract Forms

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

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

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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.

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 C. Preparation of Tenders

8. Cost of Tendering

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

9. Language of Tender

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

10. Documents Comprising the Tender

10.1 The Tender shall comprise the following:

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

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

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

11. Form of Tender and Price Schedules

11.1 The Form of Tender and Price Schedules shall be prepared using the relevant
forms furnished in Section IV, Tendering Forms. The forms must be completed

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 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

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 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,

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 and shall consist of a detailed item by item description of the essential technical
and performance characteristics of the Goods and Related Services, demonstrating
substantial responsiveness of the Goods and Related Services to the technical
specification, and if applicable, a statement of deviations and exceptions to the
provisions of the Section VII, Schedule of Requirements.
15.4 The Tenderer shall also furnish a list giving full particulars, including available
sources and current prices of spare parts, special tools, etc., necessary for the
proper and continuing functioning of the Goods during the period specified in
the TDS following commencement of the use of the goods by the Procuring
Entity.
15.5 Standards for workmanship, process, material, and equipment, as well as
references to brand names or catalogue numbers specified by the Procuring Entity
in the Schedule of Requirements, are intended to be descriptive only and not
restrictive. The Tenderer may offer other standards of quality, brand names,
and/or catalogue numbers, provided that it demonstrates, to the Procuring Entity's
satisfaction, that the substitutions ensure substantial equivalence or are superior
to those specified in the Section VII, Schedule of Requirements.

16. Documents Establishing the Eligibility and Qualifications of the Tenderer

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

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

17. Period of Validity of Tenders

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

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

17.3 If the award is delayed by a period exceeding the number of days to be

specified in the TDS days beyond the expiry of the initial tender validity period,
the Contract price shall be determined as follows:

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 a) in the case of fixed price contracts, the Contract price shall be the tender
price adjusted by the factor specified in the TDS;
b) in the case of adjustable price contracts, no adjustment shall be made; or in
any case, tender evaluation shall be based on the tender price without taking
into consideration the applicable correction from those indicated above.

18. Tender Security

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

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

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

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

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

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

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

18.8 The Tender Security may be forfeited or the Tender Securing Declaration
executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity

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 specified by the Tenderer in the Form of Tender, or any extension thereto
provided by the Tenderer; or
b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 45; or
ii) furnish a Performance Security in accordance with ITT 46.
18.9 Where tender securing declaration is executed, the Procuring Entity shall
recommend to the PPRA that PPRA debars the Tenderer from participating in
public procurement as provided in the law.
18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the
name of the JV that submits the Tender. If the JV has not been legally
constituted into a legally enforceable JV at the time of Tendering, the Tender
Security or Tender-Securing Declaration shall be in the names of all future
members as named in the letter of intent referred to in ITT3.1 and ITT 10.2.
18.11 A tenderer shall not issue a tender security to guarantee itself.
19. Format and Signing of Tender
19.1 The Tenderer shall prepare one original of the documents comprising the Tender
as described in ITT 11 and clearly mark it “ORIGINAL.” Alternative Tenders, if
permitted in accordance with ITT 12, shall be clearly marked “ALTERNATIVE.”
In addition, the Tenderer shall submit copies of the Tender, in the number
specified in the TDS and clearly mark them “COPY.” In the event of any
discrepancy between the original and the copies, the original shall prevail.
19.2 Tenderers shall mark as “CONFIDENTIAL” information in their Tenders which is
confidential to their business. This may include proprietary information, trade
secrets, or commercial or financially sensitive information.
19.3 The original and all copies of the Tender shall be typed or written in indelible
ink and shall be signed by a person duly authorized to sign on behalf of the
Tenderer. This authorization shall consist of a written confirmation as specified
in the TDS and shall be attached to the Tender. The name and position held
by each person signing the authorization must be typed or printed below the
signature. All pages of the Tender where entries or amendments have been
made shall be signed or initialed by the person signing the Tender.
19.4 In case the Tenderer is a JV, the Tender shall be signed by an authorized
representative of the JV on behalf of the JV, and so as to be legally binding
on all the members as evidenced by a power of attorney signed by each
members' legally authorized representatives.

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

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a

tenderer may use an envelope, package or container. The Tenderer shall deliver
the Tender in a single sealed envelope, or in a single sealed package, or in a
single sealed container bearing the name and Reference number of the Tender,
addressed to the Procuring Entity and a warning not to open before the time
and date for Tender opening date. Within the single envelope, package or
container, the Tenderer shall place the following separate, sealed envelopes:
a) in an envelope or package or container marked “ORIGINAL”, all documents
comprising the Tender, as described in ITT 11; and

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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

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 clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and
b) received by the Procuring Entity prior to the deadline prescribed for submission
of Tenders, in accordance with ITT 22.

23.3 Tenders requested to be withdrawn in accordance with ITT 23.1 shall be

returned unopened to the Tenderers.

23.4 No Tender may be withdrawn, substituted, or modified in the interval between

the deadline for submission of Tenders and the expiration of the period of Tender
validity specified by the Tenderer on the Form of Tender or any extension thereof.

24. Tender Opening

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

24.8 The Procuring Entity shall prepare a record of the Tender opening that shall
include, as a minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or
modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;

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 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.

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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.

28.2 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.

28.3 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.

28.4 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:

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

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

31. Conversion to Single Currency

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

32. Margin of Preference and Reservations

32.1 A margin of preference may be allowed on locally manufactured goods only

when the contract is open to international tendering, where the tender is likely
to attract foreign goods and where the contract exceeds the threshold specified
in the Regulations.

32.2 For purposes of granting a margin of preference on locally manufactured goods

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

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

TDS.

32.4 Contracts procured on basis of international competitive tendering shall not be

subject to reservations to specific groups s as provided in ITT 32.5.

32.5 Where it is intended to reserve a contract to a specific group of businesses

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

33. Evaluation of Tenders

33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT
and Section III, Evaluation and Qualification criteria. The evaluation and award of

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 contracts will be based on Packages. 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

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 manufactured within the Kenya, together with prices for any required installation,
training, commissioning and other services.

35. Abnormally Low Tenders

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

36. Abnormally High Tenders

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

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

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

37. Post-Qualification of the Tenderer

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

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 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;

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 c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom
the letter is addressed was unsuccessful, unless the price information in (c)
above already reveals the reason;
d) the expiry date of the Standstill Period; and
e) instructions on how to request a debriefing and/or submit a complaint during the
standstill period;

43. Standstill Period

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

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

44. Debriefing by the Procuring Entity

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

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

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

45. Letter of Award

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

46. Signing of Contract

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

47. Performance Security

47.1 Within twenty-one (21) days of the receipt of Letter of Acceptance from the
Procuring Entity, the successful Tenderer, if required, shall furnish the
Performance Security in accordance with the GCC 18, using for that purpose
the Performance Security Form included in Section X, Contract Forms. If the
Performance Security furnished by the successful Tenderer is in the form of a
bond, it shall be issued by a bonding or insurance company that has been
determined by the successful Tenderer to be acceptable to the Procuring Entity.

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 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.

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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: OAG/OT/07/2024-
2025
The Procuring Entity is: Office of the Auditor-General

The name of the Contract is: SUPPLY AND DELIVERY OF OFFICE

STATIONERY UNDER FRAMEWORK AGREEMENT

The number and identification of lots (contracts) comprising this Invitation

for Tenders is: NOT APPLICABLE
ITT 2.3 The Information made available on competing firms is as follows:
_____________NOT APPLICABLE____________________________
The firms that provided consulting services for the contract being tendered
for are:
NOT APPLICABLE

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:
[Link]

ITT 3.11 Tenderers shall be required to be registered with NOT APPLICABLE

B. Contents of Tendering Document
ITT 6.1 (a) Address where to send enquiries procurement@[Link] to
reach the Procuring Entity not later than 10 January 2025 at 17:00hrs

(b) The Procuring Entity will publish its response at the website
[Link] and [Link]
ITT 6.2 A pre-tender conference will be held on: NOT APPLICABLE
ITT 6.3 The questions to reach the Procuring Entity not later than NOT
APPLICABLE

ITT 6.5 The Minutes of the Pre-Tender meeting shall be published on the at the
website: NOT APPLICABLE
C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its Tender:
As required in the Preliminary and Technical Evaluation
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). NOT
APPLICABLE

Page 27 of 119
ITT Particulars of Appendix to Instructions to Tenders
Reference
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. NOT APPLICABLE

ITT 13.8 (a) Place of final destination: OFFICE OF THE AUDITOR-GENERAL

(i) and (iii) ANNIVERSARY TOWERS
ITT 13.8 (a) Final Destination OFFICE OF THE AUDITOR-GENERAL ANNIVERSARY
(iii) TOWERS
ITT 13.8 Nam(b) Named place of destination, in Kenya is OFFICE OF THE AUDITOR-
(i) GENERAL ANNIVERSARY TOWERS
ITT 13.8 (b) The 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 : NOT APPLICABLE
13.8 (c) (iv) The place of final destination (Project Site) is OFFICE OF THE AUDITOR-
GENERAL ANNIVERSARY TOWERS.
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): NOT APPLICABLE
ITT 16.2 (a) Manufacturer’s authorization is: NOT APPLICABLE
ITT 16.2 (b) After sales service is: Required
ITT 17.1 The Tender validity period shall be 154 days.
ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period
will be ____________days. NOT APPLICABLE

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

(i) By _________% of the local currency portion of the Contract price

adjusted to reflect local inflation during the period of extension, and

(ii) By___________% the foreign currency portion of the Contract price

adjusted to reflect the international inflation during the period of
extension.
NOT APPLICABLE
ITT 18.1 A duly signed Tender Securing Declaration shall be provided

ITT 19.1 In addition to the original of the Tender, the number of copies is: None
ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer
shall consist of: Duly executed Power of Attorney.
D. Submission and Opening of Tenders
ITT 20.3 A tender package or container that cannot fit in the tender box shall be
received as follows:

The tenders will be registered and dropped in the Procurement Office at

Anniversary Towers 8 th Floor, Room no 803.
ITT 21.1 For Tender submission purposes only, tenders to be submitted at the
Tender Box located at Office of the Auditor-General Headquarters,
Anniversary Towers, 8th floor Addressed to:

The AUDITOR-GENERAL
Office of the Auditor-General,

Page 28 of 119
ITT Particulars of Appendix to Instructions to Tenders
Reference
P.O. Box 30084-00100, Nairobi

The deadline for Tender submission is:

Date: 15 JANUARY 2025
Time: 11:00 a.m.
Tenderers shall not have the option of submitting their Tenders
electronically.
ITT 24.1 The Tender opening shall take place at:
Office of the Auditor-General,
Anniversary Towers Boardroom, 4 th Floor Date: 15 JANUARY 2025
Time: 11:00 am
The electronic Tender opening procedures shall be: NOT APPLICABLE
ITT 24.6 The number of representatives of the Procuring Entity to sign is at least
Three (3) members
E. Evaluation and Comparison of Tenders
ITT 29.3 The manner of rectify quantifiable nonmaterial nonconformities described
below:
NOT APPLICABLE
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: NOT
APPLICABLE
The source of exchange rate shall be: NOT APPLICABLE
The date for the exchange rate shall be: NOT APPLICABLE
ITT 32.3 A margin of preference and/or reservation shall not apply and specify the
details.
If a margin of preference applies, the application methodology shall be
defined in Section III – Evaluation and Qualification Criteria.
ITT 32.5 The invitation to tender is extended to the following group that qualify for
Reservations
who shall be duly registered with NOT APPLICABLE
ITT 33.2
Price evaluation will be done for items
ITT 33.2 (d)
Additional evaluation factors are as outlined 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:
NOT APPLICABLE

(a) Deviation in Delivery schedule: [insert Yes or No. If yes insert the
adjustment factor in Section III, Evaluation and Qualification Criteria]
(b) Deviation in payment schedule: [insert Yes or No. If yes insert the
adjustment factor in Section III, Evaluation and Qualification Criteria]
(c) the cost of major replacement component, mandatory spare parts, and
service: [insert Yes or No. If yes, insert the Methodology and criteria in
Section III, Evaluation and Qualification Criteria]
(d) the availability in Kenya of spare parts and after-sales services for the
equipment offered in the Tender [insert Yes or No. If yes, insert the
Methodology and criteria in Section III, Evaluation and Qualification
Criteria]

Page 29 of 119
ITT Particulars of Appendix to Instructions to Tenders
Reference
(e) Life cycle costs: the costs during the life of the goods or equip ment
[insert Yes or No. If yes, insert the Methodology and criteria in Section
III, Evaluation and Qualification Criteria]
(f) the performance and productivity of the equipment offered; [Insert Yes
or No. If yes, insert the Methodology and criteria]
(g) [insert any other specific criteria in Section III, Evaluation and
Qualification Criteria]
F. Award of Contract
ITT 40.1  The Agreement will be awarded per item or as a lot (where
Applicable).
 A MINIMUM of seven firms with the most advantageous offer to the
client in each of item/Lot will be awarded a Framework Agreement
that shall be serviced through call- off orders or through Mini-
Competition amongst the successful bidders where necessary.
ITT 41.1
The maximum percentage by which quantities may be increased is: 20%
The maximum percentage by which quantities may be decreased is: 20%
ITT 41.1 The Procuring Entity may 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. NOT APPLICABLE

ITT 47.3 Performance security shall be : NOT APPLICABLE

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

Page 30 of 119
SECTION III - EVALUATION AND QUALIFICATION CRITERIA

1. General Provisions

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

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

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

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

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

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2.2 Evaluation of Tenders

STAGE 1 Preliminary examination for Determination of Responsiveness

(PRELIMINARY EVALUATION REQUIREMENTS)

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. The preliminary evaluation will be as below:

S/No Requirements YES/NO

1. Copy of Certificate of Incorporation/ Registration
2. Copy of the valid Tax Compliance Certificate.
3. Duly filled, dated, signed & stamped price schedule. (Signed by
the authorized person).
4. Provision of a Copy of Certificate of Confirmation of Directors and
Shareholding (CR12) for incorporated Firms (CR12 Must Not be
More than 6 Months Old from date of Tender Opening) or
CR13/ID card/s for Sole Proprietorships/Partnerships.
5. Form of Tender (Duly filled, Stamped and Signed by an
authorized person, must be in the Letter Head of the
bidder/Tenderer)
6. Tenderer's Eligibility- Confidential Business Questionnaire Form
(Duly filled, Stamped and Signed by an authorized person,)
7. Tenderer Information Form (Duly filled)

8. Certificate of Independent Tender Determination (Duly filled,

Stamped and Signed by an authorized person,)
9. Duly filled Tender Securing Declaration Form
10. A valid AGPO Certificate of Registration from Treasury –Youth
Category Only
11. Power of Attorney/ Authorization Letter, giving the specimen
signature and name of person (Donee) who has been
authorized to sign and submit this tender as a binding document
(Where Applicable) on behalf of the firm.
12. Serialization/pagination of the Tender sequentially on all pages of
the tender documents submitted including all attachments using a
numbering machine or Computer serialization. (Hand written
Numbering/Serialization will be deemed non– responsive)
13. Self-Declaration (FORM SD1) that the person/tenderer is not
debarred in the matter of the public procurement and asset
disposal act 2015. (Duly Filled, signed by the Authorize d

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 person and stamped)

14. Self-Declaration (FORM SD2) that the Person/Tenderer will not

engage in any corrupt or fraudulent practice (Dully filled, signed
by the authorized person and stamped)
15. Declaration and commitment to the Code of Ethics (Duly Filled,
signed by the Authorized person and stamped)
16. A declaration that the bidder is not guilty of any serious violation
of fair employment laws and practices. (Must be Commissioned
by Commissioner for Oaths)
17. A declaration that the bidder is not insolvent, in receivership,
bankrupt or in the process of being wound up. (Must be
Commissioned by Commissioner for Oaths)

Note:
1) Tenderers have to meet all the mandatory requirements to proceed for
Technical Evaluation. Bidders who do not meet any of the parameters
given will be declared non-responsive.
2) Bidders are also encouraged to organize their documents well.

PRICE 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:

 Items quoted will be evaluated independently and price comparison conducted

for each individual item.

 Prices quoted must include all charges for examples Taxes, Transportation
charges to Anniversary Towers and all other incidental charges. Where prices
quoted are not inclusive of charges, the bid will be deemed non responsive.

 Bidders quoted prices will be examined and compared for ranking purposes.
The lowest evaluated quoted prices in each case will be ranked first.

 Prices quoted must be inclusive of taxes, all other charges involved for delivery
to the office of the Auditor-General Offices

 Bids with unrealistic prices which do not compare well with known
market prices shall be rejected.

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.

Page 33 of 119
In order to facilitate the evaluation of this section, bidders are expected to provide a
clear description of the items quoted for in reference to the schedule of requirements
clearly indicating models/Brand names (where applicable). Where specifications of the
items indicate that a sample has to be viewed, bidders will be expected to view the
samples.

2.2.2 Evaluation of Commercial Terms and Conditions of the Tender (ITT

33.1(a)):

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

Bidders must submit a confirmation letter indicating that the prices quoted shall remain
Fixed for the period of agreement (3 Years) and that no price variations/adjustments
will be done within this period.

2.2.3 Evaluation Criteria (Other Factors) (ITT 33.6)

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

a) Delivery schedule.

The Goods specified in the List of Goods are required to be delivered within the
acceptable time range (after the earliest and before the final date, both dates inclusive)
specified in Section V, Schedule of Requirements. No credit will be given to deliveries
before the earliest date, and Tenders offering delivery after the final date shall
be treated as non-responsive. Within this acceptable period, an adjustment of
[insert the adjustment factor], will be added, for evaluation purposes only, to the
Tender price of Tenders offering deliveries later than the “Earliest Delivery Date”
specified in Section V, Schedule of Requirements.

[An adjustment factor of 0.5% per week of delay would be reasonable. However,
the adjustment factor should not be more than the rate of Liquidated Damages
to be applied in case of delay in delivery of Goods and Services under the
Contract conditions.]

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

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

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

Page 34 of 119
 service. [insert one of the followings]
The list of items and quantities of major assemblies, components, and selected
spare parts, likely to be required during the initial period of operation specified
in the TDS 15.4, is in the List of Goods. An adjustment equal to the total cost
of these items, at the unit prices quoted in each Tender, shall be added to the
Tender price, for evaluation purposes only.

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

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

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

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

e) Life Cycle Costs

If specified in TDS 33.6, an adjustment to consider the additional life cycle costs
for the period specified below, such as the operating and maintenance costs of
the Goods, will be added to the Tender price, for evaluation purposes only. The
adjustment will be evaluated in accordance with the methodology specified below
and the following information:

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

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

i) number of years for life cycle cost determination [insert the number of
years of economic life of Goods];
ii) the discount rate to be applied to determine the net present value of
the life-cycle-cost is [insert the discount rate];

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

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

followings]

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

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

ii) An adjustment to consider the productivity of the goods offered in the Tender
will be added to the Tender price, for evaluation purposes only, if specified in
ITT 33.6. The adjustment will be evaluated based on the cost per unit of the
actual productivity of goods offered in the Tender with respect to minimum
required values, using the methodology specified below.

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

g) Specific additional criteria

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

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

Page 36 of 119
 of Tenders that exceed the specified minimum sustainable procurement technical
requirements.]

2.2.4. Multiple Contracts (ITT 33.4)

Tenders are invited for individual lots, the contract will be awarded to the
tenderer offering a substantially responsive Tender(s) and the lowest evaluated
cost for individual lots, subject to the selected tenderer(s) meeting the required
qualification criteria (this Section III, Sub-Section ITT 36 Qualification
Requirements) for each lot. In determining tenderer that offer the lowest
evaluated cost to the Procuring Entity for each lot, the Procuring Entity shall
apply the following steps in sequence:

(a) evaluate individual lots to determine the substantially responsive

Tenders and corresponding evaluated costs;

(b) for each lot, rank the substantially responsive Tenders starting from
the lowest evaluated cost for the lot;

(c) apply to the evaluated costs listed in (b) above, any applicable
discounts/price reductions offered by a tenderer (s) for the award of each
Lot based on the discounts and the methodology for their application
offered by the respective Tenderer; and

(d) determine contract award based on the lots that offer the tender
offers each of which has the lowest evaluated cost to the Procuring
Entity.

2.2.5. Alternative Tenders

(ITT 13.1) An alternative if permitted under ITT 13.1, will be evaluated as follows:

[insert one of the following]

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

3. MARGIN OF PREFERENCE

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

3.2 The margin of preference will be applied in accordance with, and subject to,

Page 37 of 119
the following provisions:
a) Tenderers applying for such preference on goods offered shall
provide, as part of the data for qualification, such information,
including details of the goods produced in Kenya, so as to determine
whether, according to the classification established by the Procuring
Entity, a particular category of goods or group of goods qualifies
for a margin of preference.
b) After Tenders have been received and reviewed by the Procuring
Entity, goods offered in the responsive Tenders shall be assessed
to ascertain they are manufactured, mined, extracted, grown,
assembled or semi- processed in Kenya. Responsive tenders shall
be classified into the following groups:
i) Group A: Tenders offering goods manufactured in Kenya,
for which (a) labour, raw materials, and components from
within Kenya account for more than forty (40) percent of the
Ex-Works price; and
(b) the production facility in which they will be manufactured
or assembled has been
engaged in manufacturing or assembling such goods at least
since the date of Tender
Submission date;
ii) Group B: All other Tenders offering Goods manufactured in
Kenya;
iii) Group C: Tenders offering Goods manufactured outside
Kenya that have been already imported or that will be
imported.
c) To facilitate this classification by the Procuring Entity, the Tenderer
shall complete whichever version of the Price Schedule furnished
in the Tender Documents is appropriate. Incorrect classification may
render the Tender non-responsive as no reclassification will be
permitted after Tender opening. Tenderers shall provide correct
information especially with respect to duties, taxes etc. paid on
previously imported Goods and percentage of local labour, materials
and components for Goods manufactured in Kenya as any false
information which cannot be supported by documentation may render
the Tender non-responsive besides other sanctions for providing
falsified information.
d) The Procuring Entity will first review the Tenders to confirm the
appropriateness of the Tender group classification to which
Tenderers assigned their Tenders in preparing their Tender Forms
and Price Schedules.
e) All evaluated Tenders in each group will then be compared to
determine the lowest evaluated Tender of each group. Such lowest
evaluated Tenders shall be compared with each other and if as a
result of this comparison a Tender from Group A or Group B is
the lowest, it shall be selected for the award.
f) If as a result of the preceding comparison, the lowest evaluated
Tender is a Tender from Group C, all Tenders from Group C shall
be further compared with the lowest evaluated Tender from Group
A after adding to the evaluated price of goods offered in each
Tender from Group C, for the purpose of this further comparison
only, an amount equal to 15% (fifteen percent) of the respective
CIP Tender price for goods to be imported and already imported
goods. Both prices shall include unconditional discounts and be
corrected for arithmetical errors. If the Tender from Group A is the

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 lowest, it shall be selected for award. If not, the lowest evaluated
Tender from Group C shall be selected as per paragraph (e)
above.”

4. Post-Qualification of Tenderers (ITT 37)

4.1 Post-Qualification Criteria (ITT 37.1)

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

4.2 If the Tenderer is a manufacturer

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

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

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

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

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

4.3 If Tenderer is a Supplier:

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

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

4.4 History of non-performing contracts:

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

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

4.5 Pending Litigation

Financial position and prospective long-term profitability of the Single Tenderer,
and in the case the Tenderer is a JV, of each member of the JV, shall remain

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 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.

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SECTION IV - TENDERING FORMS

Form of Tender Tenderer Information Form Tenderer JV Members Information Form

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

Goods Manufactured Outside Kenya, already imported Price Schedule: Goods

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

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

Form of Tender-Securing Declaration Manufacturer’s Authorization Form

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

INSTRUCTIONS TO TENDERERS

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

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

iii)Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER

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

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

Tender submission] Tender Name and

Identification:....................[insert identification] Alternative

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

alternative]

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

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

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

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

in accordance with ITT 3;

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

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

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

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

e) Tender Price: The total price of our Tender, excluding any discounts offered in item
(f) below as per listed Lots (list each lot with its price and then the total of all tendered
for lots) [insert the prices of the Tender in words and figures, indicating the various
amounts for lots and the respective currencies];

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

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

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

Page 43 of 119
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 requir ements of ITT 3.7];

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

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

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

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

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

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

p) Code of Ethical Conduct: We undertake to adhere by the Code of Ethics for

Persons Participating in Public Procurement and Asset Disposal, copy available
from [Link] during the procurement process and the execution of any

Page 44 of 119
 resulting contract.

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

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

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

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

Further, we confirm that we have read and understood the full content and scope of
fraud and corruption as informed in “Appendix 1- Fraud and Corruption” attached to
the Form of Tender.
Name of the tenderer: *[insert complete name of the tenderer]
Name of the person duly authorized to sign the Tender on behalf of the tenderer:
**[insert complete name of person duly authorized to sign the Tender ]
Title of the person signing the Tender: [insert complete title of the person signing
the Tender] Signature of the person named above: [insert signature of person whose
name and capacity are shown above] Date signed [insert date of signing] day of
[insert month], [insert year]
*: In the case of the Tender submitted by a Joint Venture specify the name of the
Joint Venture as tenderer.

**: Person signing the Tender shall have the power of attorney given by th e tenderer.
The power of attorney shall be attached with the Tender Schedules.

Page 45 of 119
CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

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

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

I certify, on behalf of
[
Name of Tenderer] that:

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

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

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

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

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

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

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

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

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

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

arrangement with any competitor regarding the quality, quantity, specifications or
delivery particulars of the works or services to which this request for tenders
relates, except as specifically authorized by the procuring authority or as specifically

Page 46 of 119
 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]

Page 47 of 119
 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

Page 48 of 119
 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

Page 49 of 119
 DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I....................................................................................................................... (Per son) 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…………………………………………….......................................................................

Page 50 of 119
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

Page 51 of 119
 have been within his or her duties shall disclose the conflict of interest to the
procuring entity;

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

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

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

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

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

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

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

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

provisions set forth for fraudulent and collusive practices as follows:

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

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

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

Page 52 of 119
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
2
authority appointed by Government of Kenya to inspect all accounts, records
and other documents relating to the procurement process, selection and/or
contract execution, and to have them audited by auditors appointed by the PPRA
or any other appropriate authority appointed by Government of Kenya; and

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

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

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.

Page 53 of 119
 TENDERER INFORMATION FORM

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

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

Tender submission]

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

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

alternative] Page of_ pages

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

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

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

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

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

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

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

Page 54 of 119
 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 Tenderer. 1. Country
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

_____

Page 55 of 119
 c) Partnership, provide the following details.
Names of Nationali Citize %
Partners ty nship Shares
owned
1
2
3

(d) Registered Company, provide the following details.

i) Private or public Company _______________________

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

Nominal Kenya Shillings (Equivalent)

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

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares

owned
1
2
3

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

(i) Are there any person/persons in …………… (Name of Procuring Entity)

who has an
interest or relationship in this firm? Yes/No………………………

If yes, provide details as follows.

Names of Person Designation in Interest or

the Procuring Relationship with
Entity 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

Page 56 of 119
 Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO Tenderer
under common control with
another tenderer.
2 Tenderer receives or has
received any direct or indirect
subsidy from another
tenderer.
3 Tenderer has the same legal
representative as another
tenderer
4 Tender has a relationship
with another tenderer,
directly or through common
third parties that puts it in a
position to influence the
tender of another tenderer, or
influence the decisions of the
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.

Page 57 of 119
 Type of Conflict Disclosure If YES provide details of
YES OR the relationship with
NO Tenderer
9 Has the conflict stemming
from such relationship stated
in item 7 and 8 above been
resolved in a manner
acceptable to the Procuring
Entity throughout the
tendering process and
execution of the Contract?

(f) Certification

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

Full Name________________________________________________

Title or Designation________________________________________

(Signature) (Date)

Page 58 of 119
 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

Page 59 of 119
Price Schedule Forms

OAG wishes to procure the items listed below:

Lot Item Specifications UOM Qty Unit Amount

No. Price
1. Branded Pens (Bic)  Blue, No. 1
or equivalent  Black
 Red & Green
2. Branded Envelops  A4 Khaki No. 1
A3 Smooth
Brown
3. Branded Envelops  A4 Khaki No. 1
A4 Smooth
Brown
4. Branded Envelops  A4 Khaki No. 1
A5 Smooth
Brown
5. Peel & Stick Stickers  Size No. 1
(Yellow Stickers) Big (3x5inch)
 76x125mm
 100sheets
6. Peel & Stick Stickers  Size No. 1
(Yellow Stickers) (3x3inch)
Medium  76x76mm
 100sheets
7. Peel & Stick Stickers  Size No. 1
(Yellow Stickers) (3x2inch)
Small  76x51mm
 100sheets
8. Flash Disk 8GB  USB Flash No. 1
Drive

Page 60 of 119
Lot Item Specifications UOM Qty Unit Amount
No. Price
 Storage
Capacity
8GB
9. Flash Disk 16GB  USB Flash No. 1
Drive
 Storage
Capacity
16GB
10. Flash Disk 32GB  USB Flash No. 1
Drive
 Storage
Capacity
32GB
11. Paper Punch DP-800  Kangaro or No. 1
(Heavy Duty) Equivalent
 2 Hole
Punch
 All Metal
Construction
12. Paper Punch DP-700  Kangaro or No. 1
(Medium) Equivalent
 2 Hole
Punch
 All Metal
Construction
13. Stapler Giant HD-  Kangaro or No. 1
23S17 (Heavy Duty) Equivalent
 HD-23S17
 Adjustable

Page 61 of 119
Lot Item Specifications UOM Qty Unit Amount
No. Price
14. Stapler Medium  Kangaro or No. 1
(24/6) Equivalent
 (24/6)
 Adjustable
15. Paper Clips Big  Size 50mm No. 1
 100 pcs
16. Paper Clips Small  Size 28mm No. 1
 100 pcs
17. Box Files  A4 Office No. 1
PVC Lever
Arch or
Equivalent
 2 Ring Clip
 2 Hones
 Colour : Blue
18. Spring Files  Executive No. 1
PVC
 Rapid or
Equivalent
 Colour: Red,
Blue, Yellow
and Green
19. Counter Books 4Q  Kasuku or No. 1
Equivalent
 Quire
 384 Pages
 A4
20. Field Notebooks  A5 ruled No. 1
 Spiral

Page 62 of 119
Lot Item Specifications UOM Qty Unit Amount
No. Price
21. File Dividers  PVC Divider No. 1
or Equivalent
 A-Z
 Size: A4
Plastic
22. Marker Pens  Fine Tip No. 1
 Permanent
Marker
 Colour: Blue,
black
 Office Point
or Equivalent
23. Highlighters  Assorted No. 1
Colours
 Fibre Tip
 Office Point
or Equivalent
24. Extension Cables  Way Cable No. 1
 Power Surge
Protector
Multiguard
25. Printing Papers  Colour: No. 1
White
 Size A4
 800gms
 500 sheet
per ream
26. Branded Letterheads  Conqueror No. 1
Paper
 A4

Page 63 of 119
Lot Item Specifications UOM Qty Unit Amount
No. Price
 Printed OAG
27. Branded Green  Colour: No. 1
Folders Green
 Branded
OAG
28. Branded Confidential  Maroon No. 1
Folders  Branded
OAG
Note: prices quoted must cater for all taxes and levies, e.g. VAT and
Public Procurement Capacity Building Levy.

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

Bidder Official Stamp

Page 64 of 119
FORM OF TENDER SECURITY-[Option 1–Demand Bank Guarantee]

Beneficiary:
Request for Tenders No:
Date:
TENDER GUARANTEE No.:
Guarantor:

1. We have been informed that (here inafter called "the

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

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

must be supported by a Tender guarantee.

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

(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 Framework 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.

Page 65 of 119
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.

Page 66 of 119
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 3 years
starting on the date of case determination, if we are in breach of our obligation(s)
under the bid conditions, because we – (a) have withdrawn our tender during
the period of tender validity specified by us in the Tendering Data Sheet; or
(b) having been notified of the acceptance of our Bid by the Purchaser during
the period of bid validity, (i) fail or refuse to execute the Contract, if required,
or (ii) fail or refuse to furnish the Performance Security, in accordance with the
instructions to tenders.

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

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

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

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

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

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

Duly authorized to sign the bid for and on behalf of:

.................................................[insert complete name of Tenderer]. Dated on

....................................................... day of....................................................... [Insert date

of signing].

Seal or stamp.

Page 67 of 119
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]

Page 68 of 119
PART 2: SUPPLY REQUIREMENTS

Page 69 of 119
SECTION V - SCHEDULE OF REQUIREMENTS

1. List of Goods and Delivery Schedule

Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

1. Branded Pens  Blue, 1 No. Anniversary Towers

(Bic) or  Black Nairobi

equivalent  Red &

 Green
2. Branded  A4 Khaki 1 No. Anniversary Towers
Envelops A3 Smooth Nairobi

Brown
3. Branded  A4 Khaki 1 No. Anniversary Towers
Envelops A4 Smooth Nairobi

Brown
4. Branded  A4 Khaki 1 No. Anniversary Towers
Envelops A5 Smooth Nairobi

Brown

Page 70 of 119
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

5. Peel & Stick  Size 1 No. Anniversary Towers

Stickers (Yellow (3x5inch) Nairobi

Stickers) Big  76x125m

m
 100sheets
6. Peel & Stick  Size 1 No. Anniversary Towers
Stickers (Yellow (3x3inch) Nairobi

Stickers)  76x76mm
Medium  100sheets
7. Peel & Stick  Size 1 No. Anniversary
Stickers (Yellow (3x2inch) Towers Nairobi

Stickers) Small  76x51mm

 100sheets
8. Flash Disk 8GB  USB 1 No. Anniversary Towers
Flash Nairobi

Drive
 Storage
Capacity
8GB
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

9. Flash Disk  USB 1 No. Anniversary Towers

16GB Flash Nairobi

Drive
 Storage
Capacity
16GB
10. Flash Disk  USB 1 No. Anniversary Towers
32GB Flash Nairobi

Drive
 Storage
Capacity
32GB

Page 72 of 119
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

11. Paper Punch  Kangaro 1 No. Anniversary Towers

DP-800 (Heavy or Nairobi

Duty) Equivalent
 2 Hole
Punch
 All Metal
Constructi
on
12. Paper Punch  Kangaro 1 No. Anniversary Towers
DP-700 or Nairobi

(Medium) Equivalent
 2 Hole
Punch
 All Metal
Constructi
on
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

13. Stapler Giant  Kangaro 1 No. Anniversary Towers

HD-23S17 or Nairobi

(Heavy Duty) Equivalent

 HD-23S17
 Adjustable
14. Stapler Medium  Kangaro 1 No. Anniversary Towers
(24/6) or Nairobi

Equivalent
 (24/6)
 Adjustable
15. Paper Clips Big  Size 1 No. Anniversary Towers
50mm Nairobi

 100 pcs
16. Paper Clips  Size 1 No. Anniversary Towers
Small 28mm Nairobi

 100 pcs

Page 74 of 119
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

17. Box Files  A4 Office 1 No. Anniversary Towers

PVC Nairobi

Lever
Arch or
Equivalent
 2 Ring
Clip
 2 Hones
 Colour :
Blue
18. Spring Files  Executive 1 No. Anniversary Towers
PVC Nairobi

 Rapid or
Equivalent
 Colour:
Red, Blue,
Yellow
and
Green
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

19. Counter Books  Kasuku or 1 No. Anniversary Towers

4Q Equivalent Nairobi

 Quire
 384
Pages
 A4
20. Field  A5 ruled 1 No. Anniversary Towers
Notebooks  Spiral Nairobi

21. File Dividers  PVC 1 No. Anniversary Towers

Divider or Nairobi

Equivalent
 A-Z
 Size: A4
Plastic

Page 76 of 119
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

22. Marker Pens  Fine Tip 1 No. Anniversary Towers

 Permanen Nairobi

t Marker
 Colour:
Blue,
black
 Office
Point or
Equivalent
23. Highlighters  Assorted 1 No. Anniversary Towers
Colours Nairobi

 Fibre Tip
 Office
Point or
Equivalent
Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

24. Extension  Way 1 No. Anniversary Towers

Cables Cable Nairobi

 Power
Surge
Protector
 Multiguard
25. Printing Papers  Colour: 1 No. Anniversary Towers
White Nairobi

 Size A4
 800gms
 500 sheet
per ream
26. Branded  Conquero 1 No. Anniversary Towers
Letterheads r Paper Nairobi

 A4
 Printed
OAG

Page 78 of 119
 Lot Description of Specifications Quantity Physical Final Destination as Tenderers Remarks
N Goods unit specified in TDS Response/Offer

27. Branded Green  Colour: 1 No. Anniversary Towers

Folders Green Nairobi

 Branded
OAG
28. Branded  Maroon 1 No. Anniversary Towers
Confidential  Branded Nairobi

Folders OAG

Note:
Bidders are expected to respond to the above requirements by giving their offer and not just copying PEs requirements. This shall be used to
determine the Technical compliance under technical evaluation. Failure to give responses accordingly will lead to non-responsiveness.
2. Drawings (Not Applicable)

This Tendering document includes “no” drawings.

3. Inspections and Tests (Not Applicable)

The following inspections and tests shall be performed: ..........................................

[Insert list of inspections and tests]

Page 80 of 119
PART 3 - CONDITIONS OF CONTRACT
AND CONTRACT FORMS

Page 81 of 119
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.

Page 82 of 119
 o) “Letter of Acceptance” means the letter of formal acceptance, signed by
the contractor. Procuring Entity, including any annexed memoranda
comprising agreements between and signed by both Parties.

p) “Procuring Entity” means the Entity named in the Special Conditions of

Contract.

2. Interpretation

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

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

3. Contract Documents

Subject to the order of precedence set forth in the Contract Agreement, all
documents forming the Contract (and all parts thereof) are intended to be
correlative, complementary, and mutually explanatory. The Framework 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.

Page 83 of 119
4.1.2 Framework Agreement

[Link] The Parties shall enter into a Framework Agreement within 28 days after the
Contractor receives the Letter of Acceptance, unless the Particular Conditions
establish otherwise. The Framework Agreement shall be based upon FORM No. 3 –
FRAMEWORK AGREEMENT annexed to the Particular Conditions. The costs of
stamp duties and similar charges (if any) imposed by law in connection with entry into
the Framework Agreement shall be borne by the Procuring Entity.

[Link] The Framework Agreement establishes the terms and conditions that will govern the
contract awarded during the term of the Framework Agreement. The Framework
Agreement establishes for the procurement works by package as and when required,
over the specified period of time. The Framework Agreement does not commit a
Procuring Entity to procure, nor a Firm to supply. The Framework Agreement allows
the Procuring Entity to call the Contractor to commence the works on a particular
package in a specified location within the duration of the agreement.

[Link] This Framework Agreement does not guarantee the contractor of being called for a
contract to start and no commitment is made with regard to possible number of
packages to carry out.

[Link] This Framework Agreement does exclude the Procuring Entity from the right to
procure the same Works from other firms.

[Link] This Framework Agreement does not stop the Procuring Entity from removing the
contractor from the same Agreement.

[Link] FAs shall be established for a maximum period of three (3) years. The Procuring
Entity may with the Consent of the Contractor extend this Agreement if the agreement
period is less than three (3) years, if the initial engagement has been sat isfactory.

[Link] Call-off Contracts; for work on a package to start, the Procuring Entity shall issue a
notice of acceptance of a particular package requesting the contractor to furnish a
Performance Security and to start the works thereafter, and providing th e contractor
with details of location where the works, are to be carried out. The call-off statement
shall specify the objectives, tasks, deliverables, timeframes and price or price
mechanism. The price for individual call-off contracts shall be based on the prices
detailed in the Framework Agreement.

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.

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

4.4 Severability

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

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

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

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

6. Joint Venture, Consortium or Association

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

7. Eligibility

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

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

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

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

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 whichever is later.

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

10. Settlement of Disputes

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

10.2 Arbitration proceedings shall be conducted as follows:

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

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 conducted during the progress of the delivery of goods.
10.2.7 The terms of the remuneration of each or all the members of Arbitration shall
be mutually agreed upon by the Parties when agreeing the terms of appointment.
Each Party shall be responsible for paying one-half of this remuneration.

10.3 Arbitration Proceedings

10.3.1 Arbitration proceedings with national suppliers will be conducted in accordance

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

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

10.3.3 Alternative Arbitration Proceedings

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

10.4 Arbitration with Foreign Suppliers

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

10.5 Alternative Arbitration Proceedings

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

10.6 Failure to Comply with Arbitrator’s Decision

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

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10.7 Contract operations continue
Notwithstanding any reference to arbitration herein,
a) the parties shall continue to perform their respective obligations under
the Contract unless they otherwise agree; and
b) the Procuring Entity shall pay the Supplier any monies due the Supplier.
11. Inspections and Audit by the Procuring Entity
11.1 The Supplier shall keep, and shall cause its Subcontractors to keep, accurate
and systematic accounts and records in respect of the Goods in such form
and details as will clearly identify relevant time, changes and costs.

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

12. Scope of Supply

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

13. Delivery and Documents

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

14. Supplier’s Responsibilities

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

15. Contract Price

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

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

16. Terms of Payment

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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

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 and information furnished to the Procuring Entity by the Supplier herein shall
remain vested in the Supplier, or, if they are furnished to the Procuring Entity
directly or through the Supplier by any third party, including suppliers of
materials, the copyright in such materials shall remain vested in such third
party.

20. Confidential Information

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

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

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

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

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

21. Subcontracting

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

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

22. Specifications and Standards

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

23. Packing and Documents

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

24. Insurance

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

25. Transportation and Incidental Services

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

25.2 The Supplier may be required to provide any or all of the following services,
including additional services, if any, specified in SCC:
a) performance or supervision of on-site assembly and/or start-up of the
supplied Goods;
b) furnishing of tools required for assembly and/or maintenance of the
supplied Goods;
c) furnishing of a detailed operations and maintenance manual for each
appropriate unit of the supplied Goods;
d) performance or supervision or maintenance and/or repair of the supplied

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 Goods, for a period of time agreed by the parties, provided that this
service shall not relieve the Supplier of any warranty obligations under this
Contract; and
e) training of the Procuring Entity's personnel, at the Supplier's plant and/or
on-site, in assembly, start-up, operation, maintenance, and/or repair of
the supplied Goods.

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

26. Inspections and Tests

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

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

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

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

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

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

26.7 The Procuring Entity may reject any Goods or any part thereof that fail to
pass any test and/or inspection or do not conform to the specifications. The
Supplier shall either rectify or replace such rejected Goods or parts thereof or
make alterations necessary to meet the specifications at no cost to the Procuring

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 Entity, and shall repeat the test and/or inspection, at no cost to the Procuring
Entity, upon giving a notice pursuant to GCC Sub- Clause 26.4.

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

27. Liquidated Damages

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

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

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

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

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

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

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

29. Patent Indemnity

29.1 The Supplier shall, subject to the Procuring Entity's compliance with GCC Sub-
Clause 29.2, indemnify and hold harmless the Procuring Entity and its

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 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

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

31. Change in Laws and Regulations

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

32. Force Majeure

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

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

33. Change Orders and Contract Amendments

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

Page 95 of 119
33.2 If any such change causes an increase or decrease in the cost of, or the time
required for, the Supplier's performance of any provisions under the Contract,
an equitable adjustment shall be made in the Contract Price or in the
Delivery/Completion Schedule, or both, and the Contract shall accordingly be
amended. Any claims by the Supplier for adjustment under this Clause must
be asserted within twenty-eight (28) days from the date of the Supplier's receipt
of the Procuring Entity's change order.

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

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

33.5 The Procuring Entity may accept the value engineering proposal if the
proposal demonstrates benefits that:
a) accelerates the delivery period; or
b) reduces the Contract Price or the life cycle costs to the Procuring Entity;
or
c) improves the quality, efficiency or sustainability of the Goods; or
d) yields any other benefits to the Procuring Entity, without compromising
the necessary functions of the Facilities.

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

33.7 Subject to the above, no variation in or modification of the terms of the

Contract shall be made except by written amendment signed by the parties.
34. Extensions of Time

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

Page 96 of 119
 extension shall be ratified by the parties by amendment of the Contract.

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

35. Termination

35.1 Termination for Default

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

35.2 Termination for Insolvency.

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

35.2 Termination for Convenience.

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

36.1 Neither the Procuring Entity nor the Supplier shall assign, in whole or in part,

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 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.

Page 98 of 119
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
Clause Contract
GCC 1.1(h) The Procuring Entity is: OFFICE OF THE AUDITOR-GENERAL
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: NOT
APPLICABLE
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: DEPUTY AUDITOR- GENERAL CORPORATE SERVICES
Postal address: P.O. BOX 30084-50100 NAIROBI
Physical Address ANNIVERSARY TOWERS
Telephone: +254 20 3214000
Electronic mail address: info@[Link]; procurement@[Link];
GCC 10.4.2 The place of arbitration shall be Nairobi, Kenya.
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are NOT
APPLICABLE

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. NOT APPLICABLE
GCC 15.1 The prices charged for the Goods supplied and the related Services performed
shall not be adjustable.
GCC 16.1 The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows: 100% upon delivery

GCC 16.5 The payment-delay period after which the Procuring Entity shall pay interest to
the supplier shall be 180 days.

The interest rate that shall be applied is as per the prevailing commercial rates
as determined by CBK
GCC 18.1 A Performance Security Shall Be ------ of the Tender Sum :NOT
APPLICABLE

Page 99 of 119
GCC 18.3 The Performance Security shall be in the form of: Demand Guarantee

The Performance security shall be denominated in Kenya Shillings Only

GCC 18.4 Discharge of the Performance Security shall take place not later than thirty (30)
days following the date of Completion of the Supplier’s performance obligations
under the Contract, including any warranty obligations.

GCC 23.2 The packing, marking and documentation within and outside the packages shall
be: NOT APPLICABLE
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows:
[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.
GCC 25.2 Incidental services to be provided are: NOT APPLICABLE
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: Anniversary Towers
GCC 27.1 The liquidated damage shall be: 10% per week
GCC 27.1 The maximum amount of liquidated damages shall be: NOT APPLICABLE
GCC 28.3 The period of validity of the Warranty shall be 36 Months
For purposes of the Warranty, the place(s) of final destination(s) shall be:
Anniversary Towers Nairobi
Sample provision
GCC 28.3—In partial modification of the provisions, the warranty period shall be
_____ hours of operation or _____ months from date of acceptance of the Goods
or (_____) months from the date of shipment, whichever occurs earlier. The
Supplier shall, in addition, comply with the performance and/or consumption
guarantees specified under the Contract. If, for reasons attributable to the
Supplier, these guarantees are not attained in whole or in part, the Supplier shall,
at its discretion, either:

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

or

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

[The rate should be higher than the adjustment rate used in the Tender evaluation
under TDS 34.6(f)]
GCC 28.5, The period for repair or replacement shall be: 2 days.
GCC 28.6

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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.

Page 101 of 119

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.

Page 102 of 119

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

Page 103 of 119

 (I) The successful tenderers:

Package No. Name of successful Address of the successful Contract price of

Tenderer Tenderer the successful
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

b) (ii) 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.

Package No. Name of Tenderer Address of the Tender price evaluated price
Tenderer
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.
Lot No.

(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.

Page 104 of 119

 e) The debriefing may be in writing, by phone, video conference call or in
person. We shall promptly advise you in writing how the debriefing will
take place and confirm the date and time.
f) If the deadline to request a debriefing has expired, you may still request
a debriefing. In this case, we will provide the debriefing as soon as
practicable, and normally no later than fifteen (15) Days from the date
of publication of the Contract Award Notice.

6. How to make a complaint

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

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

If you have any questions regarding this Notification please do not

hesitate to contact us.

Page 105 of 119

On behalf of the Employer:

Signature:

Name:

Title/position:

Telephone:

Email:

Page 106 of 119

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

Page 107 of 119

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 contract Lot No… …… (amount…………...), Lot No… ……
(amount…………...), Lot No… …… (amount…………...). etc. are hereby accepted by
……………… (name of Procuring Entity).

You are requested to arrange to sign the Framework Agreement within 28 days in
accordance with the Conditions of Contract. On being instructed to commence the contract
on any of the packages you have won, by a call-off notification, you will be requested to
furnish for the particular package a Performance Security within 28 days in accordance
with the Conditions of Contract, and for that purpose, using one of the Performance
Security Forms included in Section VIII, Contract Forms, of the Tender Document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Framework Agreement

Page 108 of 119

FORM NO. 4 - FRAMEWORK 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

Page 109 of 119

 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]

Page 110 of 119

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

(hereinafter called "the Contractor") has entered into Contract No.

dated
with (name of Employer)
(the Employer
as the Beneficiary), for the execution of (hereinafter
called "the Contract").

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

Contract, a performance guarantee is required.

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

undertake to pay the Beneficiary any sum or sums not exceeding in
1
total an amount of (in words ),
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.

2
4. This guarantee shall expire, no later than the …. Day of …………, 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.”

Page 111 of 119

[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.

Page 112 of 119

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

Page 113 of 119

 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

Page 114 of 119

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 pres entation 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.
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.

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

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

Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.
FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE FORM

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

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

Tender Reference No.:

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

In response to the requirement in your notification of award dated [insert date of

notification of award] to furnish additional information on beneficial ownership: [select
one option as applicable and delete the options that are not applicable]

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

Details of beneficial ownership

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

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

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

Page 117 of 119

 Details of all Beneficial Ow ners % of % of voting Whether a person Whether a
shares a rights a person directly or person
person holds in the indirectly holds a directly or
holds in the com pany right to appoint or indirectly
com pany rem ove a m ember exercises
Directly or of the board of significant
indirectly directors of the influence or
com pany or an control over
equivalent the Com pany
governing body of (tenderer)
the Tenderer (Yes / (Yes / No)
No)
Email address Direct………
…..
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 pub licly
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 publ ic).
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 Telepho ne 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 b elief.

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

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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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