Common use of Litigation History Clause in Contracts

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. 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 FORM OF TENDER

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last 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. 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 Manufacturer‘s Authorization Form Sample Submission Form FORM OF TENDERTENDER INSTRUCTIONS TO TENDERERS

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last THREE YEARS (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. 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 FORM OF TENDERTENDER (Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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. 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 FORM OF TENDERForm

Litigation History. N/A 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. 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 33 FORM OF TENDERTENDER (Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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-2CON2) 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. 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 FORM OF TENDER

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. Page 33 of 114 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 's Authorization Form FORM OF TENDER

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 Tendereror any member of a JV may result in rejection of the tender. 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 FORM OF TENDERTENDER (Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last 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. 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 Manufacturer‘s Authorization Form Sample Submission Form FORM OF TENDER

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last last_ (specify years). All parties to the tothe 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. 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 KenyaPrice and Completion Schedule – Related Services Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) Form of Tender-Securing Declaration Manufacturer’s Manufacturer‘s Authorization FormSample Submission Form FORM OF TENDER

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. 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 FORM OF TENDERTENDER INSTRUCTIONS TO TENDERERS