Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: - a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal; b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up; c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements; d) the tenderer and his or her sub-contractor, if any, is not debarred; e) the tenderer has fulfilled tax obligations; f) the tenderer has not been convicted of corrupt or fraudulent practices; g) is not guilty of any serious violation of fair employment laws and practices. 4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above 4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 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. 4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), are not eligible to participate in the tender. 4.5 In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution. 4.6 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 KPLC 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 KPLC 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 KPLC (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 KPLC throughout the Tendering process and execution of the Contract. 4.7 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 4.8 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. 4.9 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT
Appears in 3 contracts
Sources: Framework Agreement, Tender Agreement, Framework Agreement
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 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.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), are not eligible to participate in the tender.
4.5 In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution.
4.6 A Tenderer shall not have a conflict conflict of interest. Any Tenderer found to have a conflict conflict of interest shall be disqualifieddisqualified. A Tenderer may be considered to have a conflict 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 influence the Tender of another Tenderer, or influence influence the decisions of KPLC regarding this Tendering process; or
e) or any of its affiliates affiliates participated as a consultant in the preparation of the design or technical specifications specifications of the goods that are the subject of the Tender; or
f) or any of its affiliates affiliates has been hired (or is proposed to be hired) by KPLC 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 specified in the TDS ITT 1.1 that it provided or were provided by any affiliate affiliate that directly or indirectly controls, is controlled by, or is under common control with that firmfirm; or has a close business or family relationship with a professional staff of KPLC (or of the project implementing agency, who:
i. are directly or indirectly involved in the preparation of the tendering document or specifications 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 conflict stemming from such relationship has been resolved in a manner acceptable to KPLC throughout the Tendering process and execution of the Contract.
4.7 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 disqualifieddisqualified
4.8 A firm 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 disqualification of all Tenders in which the firm firm is involved. A firm 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.
4.9 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT
Appears in 2 contracts
Sources: Tender Agreement, Tender Agreement
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 4.7 or any combination of such entities in the form of a joint venture (JV) under an existing agreement or agree mentor with the intent to enter into such an agreement supported by a letter of intent.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), . Only Insurance service providers registered by Insurance Regulatory Authority are not eligible to participate in the tender.
4.5 tender and sign contracts. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering tendering process and, in the event the JV is awarded the Contract, during contract execution. 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. The maximum number of JV members shall be specified in the TDS.
4.6 4.2 Public Officers of the Procuring Entity, their spouse, child, parent, brother, sister, child, parent 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.
4.3 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 in directly or indirectly controls, is controlled by or is under common control with another TendereranotherTenderer; or
b) receives Receives or has received any direct or indirect subsidy from another Tenderer; or
c) has Has the same - legal representative or ownership as another Tenderer; or
d) has 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 KPLC the Procuring Entity regarding this Tendering process; or
e) or Or any of its affiliates participated as a consultant in the preparation of the design or technical specifications Procuring Entity's Requirements (including Schedules of requirements, Performance Specifications, etc.) for the goods Insurance services that are the subject of the this Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by KPLC or the Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly related to consulting the insurance 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 or
h) has a close business or family relationship with a professional staff of KPLC the Procuring Entity who: (or of the project implementing agency, who:
i. i) are directly or indirectly involved in the preparation of the tendering document or specifications of the Contractcontract, and/or the Tender evaluation process of such Contractcontract; or ii (ii) would be involved in the implementation or supervision of such Contract contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to KPLC the Procuring Entity throughout the Tendering procurement process and execution of the Contract.
4.7 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
4.8 4.4 A firm that is a Tenderer (either individually or as a JV member) shall not submit participate in 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.
4.9 4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITTITT 4.9. 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 sub-contractors or sub-consultants for any part of the Contract including related Services.
4.6 A Tenderer that has been debarred 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 website of ▇▇▇▇▇▇▇.▇▇▇▇.▇▇.▇▇.
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and be awarded a Contract(s) if they can establish that they are registered as insurance businesses.
4.8 A tenderer under suspension from tendering as the result of the operation of a Tender-Securing Declaration or Proposal-Securing Declaration shall not be eligible to tender.
4.9 Firms and individuals may be ineligible if (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 of works or services from that country, or any payments to any country, person, or entity in that country.
4.10 The Insurance Act of Kenya (Revised 2017) requires that insurance companies that wish to offer insurance services in Kenya should be registered with the Insurance Regulatory Authority (IRA) of Kenya to allow them undertake insurance business in Kenya. Registration shall not be a condition for tender, but it shall be a condition of contract award and signature. A selected tenderer shall be given opportunity to register before contract award and signature of contract. Details on application for registration with Insurance Regulatory Authority may be accessed from the website ▇▇▇.▇▇▇.▇▇.▇▇
4.11 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 Act. 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 ▇▇▇.▇▇▇.▇▇.▇▇
4.12 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a current tax compliance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
Appears in 1 contract
Sources: Framework Agreement
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.94.6, 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 Form of intent.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), are not eligible to participate in the tender.
4.5 . In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution. The maximum number of JV members shall be specified in the TDS.
4.6 4.2 Public Officers of the Procuring Entity and their relatives (i.e. spouse, child, parent, brother or sister and a 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.
4.3 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:
ai) directly Directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
bii) receives Receives or has received any direct or indirect subsidy from another Tenderer; or
ciii) has Has the same - legal representative or ownership as another Tenderer; or
div) has 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 KPLC the Procuring Entity regarding this Tendering process; or
ev) or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods Plant and Installation Services that are the subject of the Tender; or
fvi) or any of its affiliates has been hired (or is proposed to be hired) by KPLC or the Procuring Entity as Project Manager for the Contract implementation; or
gvii) 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 ITT
2.1 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 or
viii) has a close business or family relationship with a professional staff of KPLC (or of the project implementing agency, Procuring Entity who:
i. (i) are directly or indirectly involved in the preparation of the tendering Tendering document or specifications of the Contract, and/or the Tender evaluation process of such Contract; or ii (ii) would be involved in the implementation or supervision of such Contract contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to KPLC throughout the Tendering process and execution of the ContractProcuring Entity.
4.7 4.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive obstructive or fraudulent practice. A tenderer that is proven to have been involved in any of these practices shall be automatically disqualifieddisqualified and would not be awarded a contract
4.8 4.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit participate as a Tenderer or as JV member in more than one Tender, 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 However, this does not limit the participation of a Tenderer as subcontractor in another Tender or of a JV member, may participate firm 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.
4.9 4.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITTITT 4.9. 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.
4.7 A Tenderer that has been debarred by the PPRA shall be ineligible to be prequalified for, initially selected for, Tender for, propose for, financially or otherwise, during such period of time as the PPRA shall have determined. The list of debarred firms and individuals is available at PPRA Website ▇▇▇.▇▇▇▇.▇▇.▇▇.
4.8 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and be awarded a Contract(s) only if they can establish that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Procuring Entity.
4.9 Firms and individuals may be ineligible if so indicated in Section V and (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 of works or services from that country, or any payments to any country, person, or entity in that country. Where the procurement is implemented across jurisdictional boundaries, then exclusion of a firm or individual on the basis of ITT 4.8 (a) above by any country may be applied to that procurement across other countries involved.
4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in supplies, subcontracts and labor) from national suppliers and contractors. To this end, a foreign tenderer shall provide in its tender documentary evidence that this requirement is met. Foreign tenderers not meeting this criterion will be automatically disqualified. Information required to enable the Procuring Entity determine if this condition is met shall be provided in for this purpose is be provided in “SECTION III - EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
4.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if it is registered in Kenya, has less than 51 percent ownership by nationals of Kenya and if it does not subcontract foreign contractors more than 10 percent of the contract price. JVs are considered as foreign tenderers if the individual member firms are registered in Kenya have less than 51 percent ownership by nationals of Kenya. The JV shall not subcontract to foreign firms more than 10 percent of the contract price.
4.12 The Competition Act 2010 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 Act. JVs will be required to seek for exemption from the Competition Authority of Kenya. 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 ▇▇▇.▇▇▇.▇▇.▇▇
4.13 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a valid tax clearance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
Appears in 1 contract
Sources: Tender Agreement
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 4.7 or any combination of such entities in the form of a joint venture (JV) under an existing agreement or agree mentor with the intent to enter into such an agreement supported by a letter of intent.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), . Only Insurance service providers registered by Insurance Regulatory Authority are not eligible to participate in the tender.
4.5 tender and sign contracts. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering tendering process and, in the event the JV is awarded the Contract, during contract execution. 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. The maximum number of JV members shall be specified in the TDS.
4.6 4.2 Public Officers of the Procuring Entity, their spouse, child, parent, brother, sister, child, parent 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.
4.3 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 in directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
b) receives Receives or has received any direct or indirect subsidy from another Tenderer; or
c) has Has the same - legal representative or ownership as another Tenderer; or
d) has 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 KPLC the Procuring Entity regarding this Tendering process; or
e) or Or any of its affiliates participated as a consultant in the preparation of the design or technical specifications Procuring Entity's Requirements (including Schedules of requirements, Performance Specifications, etc.) for the goods Insurance services that are the subject of the this Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by KPLC or the Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly related to consulting the insurance 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 or
h) has a close business or family relationship with a professional staff of KPLC the Procuring Entity who: (or of the project implementing agency, who:
i. i) are directly or indirectly involved in the preparation of the tendering document or specifications of the Contractcontract, and/or the Tender evaluation process of such Contractcontract; or ii (ii) would be involved in the implementation or supervision of such Contract contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to KPLC the Procuring Entity throughout the Tendering procurement process and execution of the Contract.
4.7 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
4.8 4.4 A firm that is a Tenderer (either individually or as a JV member) shall not submit participate in 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.
4.9 4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITTITT 4.9. 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 sub-contractors or sub-consultants for any part of the Contract including related Services.
4.6 A Tenderer that has been debarred 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 website of ▇▇▇▇▇▇▇.▇▇▇▇.▇▇.▇▇.
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and be awarded a Contract(s) if they can establish that they are registered as insurance businesses.
4.8 A tenderer under suspension from tendering as the result of the operation of a Tender- Securing Declaration or Proposal-Securing Declaration shall not be eligible to tender.
4.9 Firms and individuals may be ineligible if (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 of works or services from that country, or any payments to any country, person, or entity in that country.
4.10 The Insurance Act of Kenya (Revised 2017) requires that insurance companies that wish to offer insurance services in Kenya should be registered with the Insurance Regulatory Authority (IRA) of Kenya to allow them undertake insurance business in Kenya. Registration shall not be a condition for tender, but it shall be a condition of contract award and signature. A selected tenderer shall be given opportunity to register before contract award and signature of contract. Details on application for registration with Insurance Regulatory Authority may be accessed from the website ▇▇▇.▇▇▇.▇▇.▇▇
4.11 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 Act. 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 ▇▇▇.▇▇▇.▇▇.▇▇
4.12 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a current tax compliance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
Appears in 1 contract
Sources: Framework Contract
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 4.7 or any combination of such entities in the form of a joint venture (JV) under an existing agreement or agree mentor with the intent to enter into such an agreement supported by a letter of intent.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), . Only Insurance service providers registered by Insurance Regulatory Authority are not eligible to participate in the tender.
4.5 tender and sign contracts. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering tendering process and, in the event the JV is awarded the Contract, during contract execution.
4.6 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 KPLC 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 KPLC 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 KPLC (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 KPLC throughout the Tendering process and execution of the Contract.
4.7 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
4.8 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. The maximum number of JV members shall be specified in the TDS.
4.9 4.2 Public Officers of the Procuring Entity, their spouse, child, parent, brother, sister, child, parent 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.
4.3 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 in directly 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 legal representative 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 Procuring Entity's Requirements (including Schedules of requirements, Performance Specifications, etc.) for the Insurance services that are the subject of this Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or services resulting from or directly related to the insurance services 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
h) has a close business or family relationship with a professional staff of the Procuring Entity 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 procurement process and execution of the Contract.
4.4 A firm that is a Tenderer shall not participate in more than one Tender, except for permitted alternative Tenders. Such participation shall result in the disqualification of all Tenders in which the firm is involved.
4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITTITT 4.9. 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 sub-contractors or sub-consultants for any part of the Contract including related Services.
4.6 A Tenderer that has been debarred 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 website of ▇▇▇▇▇▇▇.▇▇▇▇.▇▇.▇▇.
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and be awarded a Contract(s) if they can establish that they are registered as insurance businesses.
4.8 A tenderer under suspension from tendering as the result of the operation of a Tender-
4.9 Firms and individuals may be ineligible if (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 of works or services from that country, or any payments to any country, person, or entity in that country.
4.10 The Insurance Act of Kenya (Revised 2017) requires that insurance companies that wish to offer insurance services in Kenya should be registered with the Insurance Regulatory Authority (IRA) of Kenya to allow them undertake insurance business in Kenya. Registration shall not be a condition for tender, but it shall be a condition of contract award and signature. A selected tenderer shall be given opportunity to register before contract award and signature of contract. Details on application for registration with Insurance Regulatory Authority may be accessed from the website ▇▇▇.▇▇▇.▇▇.▇▇
4.11 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 Act. 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 ▇▇▇.▇▇▇.▇▇.▇▇
4.12 A Kenyan tenderer shall provide evidence of having fulfilled his/her tax obligations by producing a current tax compliance certificate or tax exemption certificate issued by the Kenya Revenue Authority.
Appears in 1 contract
Sources: Framework Contract
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 4.7 or any combination of such entities in the form of a joint venture (JV) under an existing agreement or agree mentor with the intent to enter into such an agreement supported by a letter of intent.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), . Only Insurance service providers registered by Insurance Regulatory Authority are not eligible to participate in the tender.
4.5 tender and sign contracts. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering tendering process and, in the event the JV is awarded the Contract, during contract execution. 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. The maximum number of JV members shall be specified in the TDS.
4.6 4.2 Public Officers of the Procuring Entity, their spouse, child, parent, brother, sister, child, parent 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.
4.3 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 in directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
b) receives Receives or has received any direct or indirect subsidy from another Tenderer; or
c) has Has the same - legal representative or ownership as another Tenderer; or
d) has 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 KPLC the Procuring Entity regarding this Tendering process; or
e) or Or any of its affiliates participated as a consultant in the preparation of the design or technical specifications Procuring Entity's Requirements (including Schedules of requirements, Performance Specifications, etc.) for the goods Insurance services that are the subject of the this Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by KPLC or the Procuring Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly related to consulting the insurance 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 or
h) has a close business or family relationship with a professional staff of KPLC the Procuring Entity who: (or of the project implementing agency, who:
i. i) are directly or indirectly involved in the preparation of the tendering document or specifications of the Contractcontract, and/or the Tender evaluation process of such Contractcontract; or ii (ii) would be involved in the implementation or supervision of such Contract contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to KPLC the Procuring Entity throughout the Tendering procurement process and execution of the Contract.
4.7 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
4.8 4.4 A firm that is a Tenderer (either individually or as a JV member) shall not submit participate in 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.
4.9 4.5 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT
Appears in 1 contract
Sources: Framework Agreement for Provision of General Insurance Services
Eligible Tenderers. 4.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the following criteria: -
a) the tenderer has the legal capacity to enter into a contract for procurement or asset disposal;
b) the tenderer is not insolvent, in receivership, bankrupt or in the process being wound up;
c) the tenderer, if a member of a regulated profession, has satisfied all the professional requirements;
d) the tenderer and his or her sub-contractor, if any, is not debarred;
e) the tenderer has fulfilled tax obligations;
f) the tenderer has not been convicted of corrupt or fraudulent practices;
g) is Is not guilty of any serious violation of fair employment laws and practices.
4.2 In addition the tenderer shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the tenderer, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions of section 4.1 above
4.3 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject to ITT 4.9, 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.
4.4 Public Officers and Board members of KPLC, their close relatives (Spouses or Children), are not eligible to participate in the tender.
4.5 In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution.
4.6 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 KPLC 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 KPLC 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 KPLC (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 KPLC throughout the Tendering process and execution of the Contract.
4.7 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
4.8 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.
4.9 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT
Appears in 1 contract
Sources: Tender Agreement