SOT TECHNICAL TRAINING INSTITUTE

P.O BOX 665-20400 BOMET –KENYA

Website: www.sotinstitute.ac.ke
Email:[email protected]
Phone number: 0707-042-067

TENDER DOCUMENT

TENDER NO: STTI/FA/14/2024-2025

TENDER NAME: SUPPLY AND DELIVERY OF PLUMBING MATERIALS.

CLOSING DATE: 25th JUNE 2024 - 11:00am

ELIGIBILITY: OPEN

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 Contents
INVITATION TO TENDER ......................................................................................................................... 3
PART 1 - TENDERING PROCEDURES........................................................................................................ 4
SECTION I: INSTRUCTIONS TO TENDERERS.................................................................................... 3
SECTION II – TENDER DATA SHEET (TDS) ..................................................................................... 20
SECTION III - EVALUATION AND QUALIFICATION CRITERIA ............................................... 23
SECTION IV- TENDERING FORMS …………………………………………………………….26
PART 2: SUPPLY REQIREMENTS ....................................................................................................... 52
SECTION V - SCHEDULE OF REQUIREMENTS ............................................................................... 53
PART 3 - CONDITIONS OF CONTRACT ANDCONTRACT FORMS ................................................ 59
SECTION VI - GENERAL CONDITIONS OF CONTRACT ........................................................... 60
SECTION VIII – SPECIAL CONDITION OF CONTRACT ……………………………………………...73
SECTION VIII - CONTRACT FORMS .............................................................................................. 87

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INVITATION TO TENDER

PROCURING ENTITY: SOT TECHNICAL TRAINING INSTITUTE

CONTRACT NAME AND DESCRIPTION: SUPPLY AND DELIVERY OF PLUMBING MATERIALS.

1. The Sot Technical Training Institute invites sealed tenders for the supply of goods i.e. general stationery for a period
of One (1) year 2024-2025 at Sot Technical Training Institute Main Campus.

2. Tendering will be conducted under open competitive method National using a standardized tender document.
Tendering is open to all qualified and interested Tenderers.

3. Tender is OPEN to all Small and Medium Enterprises registered appropriately.

4. Qualified and interested tenderers may obtain further information and inspect the Tender Documents during
office hours 8am to 5pm at the address given below.
a. SOT TECHNICAL TRAINING INSTITUTE,
b. P.O BOX 665,
c. BOMET.

A complete set of tender documents may be purchased or obtained by interested tenders upon payment of a non- refundable fees
of (Ksh. 1000, One thousand only) in cash or Banker's Cheque and payable to in cash payable to accounts office. Tender
documents may be obtained electronically from the Sot Technical Training Institute Website (www.sotinstitute.ac.ke). Tender
documents obtained electronically will be free of charge.

5. 6Tender documents may be viewed and downloaded for free from the website (www.sotinstitute.ac.ke).
Tenderers who download the tender document must forward their particulars immediately to
[email protected], 0707-042-067, P.O BOX 665-20400 BOMET ) to facilitate any
further clarification or addendum.

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

7. Completed tenders must be delivered to the address below on or before 25 June 2024.
8. 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. Late tenders will be rejected.

11. The addresses referred to above are:

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 PART 1 - TENDERING PROCEDURES

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 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 E n t i t y r e q u i r e s c o m p l i a n c e with the provisions of the Public Procurement

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

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

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

3. Eligible Tenderers
3.1 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution subject
to ITT3.7, or any combination of such entities in the form of a joint venture (JV) under an existing
agreement or with the intent to enter into such an agreement supported by a letter of intent. Public
employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts) are not
eligible to participate in the tender.
In the case of a joint venture, all members shall be jointly and severally liable for the execution
of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative
who shall have the authority to conduct all business for and on behalf of any and all the members of the
JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution.
The maximum number of JV members shall be specified in the TDS.
3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse their business associates or agents and firms/organizations in which they
have a substantial or controlling interest shall not be eligible to tender or be awarded 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:

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 a) directly or indirectly controls, is controlled by or is under common control with another Tenderer; or
b) receives or has received any direct or indirect subsidy from another Tenderer; or
c) has the same - representative or ownership as another Tenderer; or
d) has a relationship with another Tenderer, directly or through common third parties, that puts it in a
position to influence the Tender of another Tenderer, or influence the decisions of the Procuring Entity
regarding this Tendering process; or
e) or any of its affiliates participated as a consultant in the preparation of the design or technical
specifications of the goods that are the subject of the Tender; or
f) or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity or Procuring
Entity for the Contract implementation; or
g) would be providing goods, works, or non-consulting services resulting from or directly related to
consulting services for the preparation or implementation of the project specified in the TDS ITT
1.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by,
or is under common control with that firm; or has a close business or family relationship with a
professional staff of the Procuring Entity (or of the project implementing agency, who: (i) are directly
or indirectly involved in the preparation of the tendering document or specifications of the Contract,
and/or the Tender evaluation process of such Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless the conflict stemming from such relationship
has been resolved in a manner acceptable to the Procuring Entity throughout the Tendering process and
execution of the Contract.
3.4 A tenderer shall not be involved in corrupt, coercive, obstructive, collusive or fraudulent practice. A tenderer
that is proven to have been involved in any of these practices shall be automatically disqualified.
3.5 A firm that is a Tenderer (either individually or as a JV member) shall not submit more than one Tender,
except for permitted alternative Tenders. This includes participation as a subcontractor. Such participation
shall result in the disqualification of all Tenders in which the firm is involved. A firm that is not a
Tenderer or a JV member, may participate as a subcontractor in more than one Tender. Members of a joint
venture may not also make an individual tender, be a subcontractor in a separate tender or be part of another
joint venture for the purposes of the same Tender.
3.6 A Tenderer may have the nationality of any country, subject to the restrictions pursuant to ITT3.9. A
Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted, incorporated
or registered in and operates in conformity with the provisions of the laws of that country, as evidenced
by its articles of incorporation (or equivalent documents of constitution or association) and its registration
documents, as the case may be. This criterion also shall apply to the determination of the nationality of
proposed subcontractors or sub consultants for any part of the Contract including related Services.
3.7 A Tenderer that has been debarred by the PPRA from participating in public procurement shall be
ineligible to tender or be awarded a contract. The list of debarred firms and individuals is available from
the PPRA's website www.ppra.go.ke
3.8 Tenderers that are state-owned enterprises or institutions may be eligible to compete and be awarded a
Contract(s) only if they are (i) a legal public entity of the state Government and/or public administration,
(ii) financially autonomous and not receiving any significant subsidies or budget support from any public
entity or Government, and (iii) operating under commercial law and vested with legal rights and
liabilities similar to any commercial enterprise to enable it compete with firms in the private sector on an
equal basis. Public employees and their close relatives are not eligible to participate in the tender.
3.9 Tenderers may be ineligible if their countries of origin (a) as a matter of law or official regulations,
Kenya prohibits commercial relations with that country, or(b) by an act of compliance with a decision
of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations,
Kenya prohibits any import of goods or contracting for supply of goods or services from that country, or
any payments to any country, person, or entity in that country. A tenderer shall provide such documentary
evidence of eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request.
3.10 Tenderers shall provide the qualification information statement that the tenderer (including all members of
a joint venture and subcontractors) is not associated, or have been associated in the past, directly or
indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide
consulting services for the preparation of the design, specifications, and other documents to be used
for the procurement of the goods under this Invitation for

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 tenders.

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

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

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

4. Eligible Goods and Related Services

4.1 All the Goods and Related Services to be supplied under the Contract shall have their origin in any
country that is eligible in accordance with ITT 3.9.

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

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

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

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

5. Sections of Tendering Document

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

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

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

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

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

6. Clarification of Tendering Document

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

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

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

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

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

7. Amendment of Tendering Document

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

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

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

8. Cost of Tendering

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

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 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 without any alterations to the text. All blank spaces
shall be filled in with the information requested. The Tenderer shall chronologically serialize 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.

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 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 affixed price quotation shall not be
rejected, but the price adjustment shall be treated as zero.

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

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

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

d) for Related Services, other than inland transportation and other services required to convey the Goods
to their final destination, whenever such Related Services are specified in the

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 Schedule of Requirements, the price of each item comprising the Related Services (inclusive
of any applicable taxes).

14. Currencies of Tender and Payment

14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of contract payments
shall be the same.
14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may express the Tender
price in any currency, provided it shall use no more than two foreign currencies in addition to the
Kenya Shilling.
14.3 The rates of exchange to be used by the Tenderer shall be based on the exchange rates provided by the
Central Bank of Kenya on the date 30 days prior to the actual date of tender opening.
15. Documents Establishing the Eligibility and Conformity of the Goods and Related Services
15.1 To establish the eligibility of the Goods and Related Services in accordance with ITT 15, Tenderers
shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV,
Tendering Forms.
15.2 To establish the conformity of the Goods and Related Services to the tendering document, the Tenderer shall
furnish as part of its Tender the documentary evidence that the Goods conform to the technical specifications
and standards specified in Section VII, Schedule of Requirements.
15.3 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a
detailed item by item description of the essential technical and performance characteristics of the Goods
and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the
technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the
Section VII, Schedule of Requirements.
15.4 The Tenderer shall also furnish a list giving full particulars, including available sources and current
prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods
during the period specified in the TDS following commencement of the use of the goods by the Procuring
Entity.
15.5 Standards for workmanship, process, material, and equipment, as well as references to 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.

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

18. Tender Security

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

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

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

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

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

18.6 If a Tender Security is specified pursuant to ITT 18.1, the Tender Security of unsuccessful Tenderers
shall be returned as promptly as possible upon the successful Tenderer signing the Contract and furnishing
the Performance Security pursuant to ITT 46.The Procuring Entity shall also promptly return the tender
security to the tenderers where the procurement proceedings are terminated, all tenders were determined non-
responsive or a bidder declines to extend tender validity period.
18.7 The Tender Security of the successful Tenderer shall be returned as promptly as possible once the successful
Tenderer has signed the Contract and furnished the required Performance Security.

18.8 The Tender Security may be forfeited or the Tender Securing Declaration executed:
a) if a Tenderer withdraws its Tender during the period of Tender validity specified by the Tenderer
in the Form of Tender, or any extension thereto provided by the Tenderer; or
b) if the successful Tenderer fails to:
i) sign the Contract in accordance with ITT 45; or
ii) Furnish a Performance Security in accordance with ITT 46.
18.9 Where tender securing declaration is executed, the Procuring Entity shall recommend to the PPRA that
PPRA debars the Tenderer from participating in public procurement as provided in the law.
18.10 The Tender Security or Tender- Securing Declaration of a JV must be in the name of the JV that submits
the Tender. If the JV has not been legally constituted into a legally enforceable JV at the time of
Tendering, the Tender Security or Tender-Securing Declaration shall be in the names of all future
members as named in the letter of intent referred to in ITT3.1 and ITT 10.2.

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 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 ITT12, 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 on
behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney
signed by each members' legally authorized representatives.

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

D. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

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

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

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

21. Deadline for Submission of Tenders

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

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

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

24. Tender Opening

24.1 Except as in the cases specified in ITT 23, the Procuring Entity shall, at the Tender opening, publicly
open and read out all Tenders received by the deadline at the date, time and place specified in the TDS
in the presence of Tenderers' designated representatives who choose to attend, including to attend any
specific electronic tender opening procedures if electronic tendering is permitted in accordance with ITT
21.1, shall be as specified in the TDS.
24.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the
corresponding Tender shall not be opened, but returned to the Tenderer. If the withdrawal envelope does
not contain a copy of the “power of attorney” confirming the signature as a person duly authorized to
sign on behalf of the Tenderer, the corresponding Tender will be opened. No Tender withdrawal shall be
permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal
and is read out at Tender opening.
24.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Tender being substituted, and the substituted Tender shall not be opened, but returned to
the Tenderer. No Tender substitution shall be permitted unless the corresponding substitution notice contains
a valid authorization to request the substitution and is read out at Tender opening.
24.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Tender.
No Tender modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at Tender opening.
24.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the Tenderer and
whether there is a modification; the total Tender Prices, per lot (contract) if applicable, including any
discounts and alternative Tenders; the presence or absence of a Tender

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 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 minimum:
a) the name of the Tenderer and whether there is a withdrawal, substitution, or modification;
b) the Tender Price, per lot (contract) if applicable, including any discounts;
c) any alternative Tenders;
d) the presence or absence of a Tender Security or Tender-Securing Declaration, if one was required;
e) Number of pages of each tender document submitted.

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

E. Evaluation and Comparison of Tenders

25. Confidentiality

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

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

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

26. Clarification of Tenders

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

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

27. Deviations, Reservations, and Omissions

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

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

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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. 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 omissions one that:
a) if accepted, would:
i) affect in any substantial way the scope, quality, or performance of the Goods and Related
Services specified in the Contract; or
ii) limit in any substantial way, inconsistent with the tendering document, the Procuring Entity’s
rights or the Tenderer obligations under the Contract; or
b) If rectified, would unfairly affect the competitive position of other Tenderers presenting
substantially responsive Tenders.

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

28.3 If a Tender is not substantially responsive to the requirements of tendering document, it shall be rejected by
the Procuring Entity and may not subsequently be made responsive by correction of the material deviation,
reservation, or omission.

29. Non-conformities, Errors and Omissions

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

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

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

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

30.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors on the
following basis:
a) Any error detected if considered a major deviation that affects the substance of the tender, shall
lead to disqualification of the tender as non-responsive.
b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity, and 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.

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 31. Conversion to Single Currency

31.1 For evaluation and comparison purposes, the currency (ices) 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 group’s s as provided in ITT 32.5.

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

33. Evaluation of Tenders

33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation
and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the
criteria and methodologies, the Procuring Entity shall determine the Lowest Evaluated Tender. This is
the Tender of the Tenderer that meets the qualification criteria and whose Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) The lowest evaluated price.
33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender
Price as quoted in accordance with ITT 14. To evaluate a Tender, the Procuring Entity shall consider
the following:
a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in
accordance with ITT 31;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT29.3; 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

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 to prepare the Eligibility and Qualification Criteria Form for each Lot.

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

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

34. Comparison of Tenders

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

35. Abnormally Low Tenders

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

36. Abnormally High Tenders

36.4 An abnormally high price is one where the tender price, in combination with other 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

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 Competition between tenderers is compromised (often due to collusion, corruption or other manipulations),
the Procuring Entity shall reject all Tenders and shall institute or cause relevant Government Agencies to
institute an investigation on the cause of the compromise, before retendering.
37. Post-Qualification of the Tenderer

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

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

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

38. Lowest Evaluated Tender

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

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

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

F. Award of Contract

40. Award Criteria

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

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

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

Upon award of the contract and Prior to the expiry of the Tender Validity Period the Procuring
Entity shall issue a Notification of Intention to Enter into a Contract / Notification of award to all tenderers
which shall contain, at a minimum, the following information:
a) the name and address of the Tenderer submitting the successful tender;
b) the Contract price of the successful tender;
c) a statement of the reason(s) the tender of the unsuccessful tenderer to whom the letter is

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 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 teach
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. 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;

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 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 Reference Particulars Of Appendix To Instructions To Tenders

A. General
ITT 1.1 The reference number of the Invitation for Tenders is: STTI/FA/14/2024-2025
The Procuring Entity is: Sot Technical Training Institute
The name of the Contract is: Supply of plumbing materials
The number and identification of lots (contracts) comprising this Invitation for Tenders
is:)N/A
ITT 2.3 The Information made available on competing firms is as follows:
N/A
The firms that provided consulting services for the contract being tendered for are:
N/A
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be:N/A]

ITT 3.7 A list of debarred firms and individuals is available on the PPRA’s website:
www.ppra.go.ke
ITT 3.11 Tenderers shall be required to be to be registered with ------------------------------------------------
-------------------------------------------------------
B. Contents of Tendering Document
ITT 6.1 (a) Address where to send enquiries
BOG SECRETARY,
SOT TECHNICAL TRAINING INSTITUTE
P.O BOX 665-20400,
BOMET.
CELL PHONE NO.:0707-042 067
to reach the Procuring Entity not later than 25TH June 2024

(b) The Procuring Entity publish its response at the website www.sotinstitute.ac.ke

ITT 6.2 A pre-tender conference will be held/not be held on N/A

ITT 6.3 The questions to reach the Procuring Entity not later than N/A
ITT 6.5 The Minutes of the Pre-Tender meeting shall be published on the at the website N/A

C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its Tender: check
section three
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).
Prices quoted for each item of a lot shall correspond at least to [insert figure] percent of
the quantities specified for this item of a lot. N/A
ITT 13.8 (a) (i) Place of final destination: Sot technical Training institute (Main Campus)
and (iii)
ITT 13.8 (a) Final Destination (Project Site): Sot technical Training institute (Main Campus)
(iii)
ITT 13.8 (b)Named
(i) place of destination, in Kenya is Bomet County
ITT 13.8 The (b) price for inland transportation, insurance, and other local services required to convey the
(ii) Goods from the named place of destination to their final destination which is
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 ITT Reference Particulars Of Appendix To Instructions To Tenders
_______N/A___________

13.8 (c) (iv)The place of final destination (Project Site) is Sot technical Training institute (Main Campus)
ITT 14.2 Foreign currency requirements not allowed.
ITT 15.4 Period of time the Goods are expected to be functioning (for the purpose of spare parts):
N/A
ITT 16.2 (a) Manufacturer’s authorization is: N/A
ITT 16.2 (b) After sales service is: N/A
ITT 17.1 The Tender validity period shall be 210 days.
ITT 17.3 (a) The Number of days beyond the expiry of the initial tender validity period will be
days. N/A

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

ITT 18.1 [If a Tender Security shall be required, a Tender-Securing Declaration shall not be
required, and vice versa.]
A Tender Security “shall not be required.
A Tender-Securing Declaration shall be required.
If a Tender Security shall be required, the amount and currency of the Tender Security
shall be N/A
ITT 19.1 In addition to the original of the Tender, the number of copies is: one copy
ITT 19.3 The written confirmation of authorization to sign on behalf of the Tenderer shall consist
of: N/A
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: Sot Technical Training Institute procurement office.

ITT 21.1 For Tender submission purposes only, the Procuring Entity’s address is:

BOG SECRETARY,
SOT TECHNICAL TRAINING INSTITUTE
P.O BOX 665-20400,
BOMET.
CELL PHONE NO.:0707-042 067

The deadline for Tender submission is:

Date:25th June 2024
Time: 11am
Tenderers shall not submit tenders electronically.
ITT 24.1 The Tender opening shall take place at the time and the address for Opening of Tenders
provided below:

Sot Technical Training Institute (Main Campus)

Smart Room
State date and time of tender opening. 25th June 2024, 11Am
ITT 24.6 The number of representatives of the Procuring Entity to sign is 5
E. Evaluation and Comparison of Tenders
ITT 29.3 The manner of rectify quantifiable nonmaterial nonconformities described below:
average price of the item or component as quoted in other substantially responsive
Tenders.
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: Ksh
ITT 32.3 A margin of preference and/or reservation shall not apply and specify the details.

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 ITT Reference Particulars Of Appendix To Instructions To Tenders
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
OPEN
ITT 33.2
Price evaluation will be done for specify Items
ITT 33.2 (d)
Additional evaluation factors are in Section III
ITT 33.6 The adjustments shall be determined using the following criteria, from amongst those set
out in Section III, Evaluation and Qualification Criteria: [refer to Section III, Evaluation
and Qualification Criteria; insert complementary details if necessary]

(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]
F. Award of Contract
ITT 41.1
The maximum percentage by which quantities may be increased is: N/A
The maximum percentage by which quantities may be decreased is: N/A
ITT 41.1 The Procuring Entity shall increase or decrease the quantity of Goods and Related
Services by an amount not exceed _______N/A______% and without any change in the
unit prices or other terms and conditions of the Tender and the tendering document.

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

ITT 49.1 The procedures for making a Procurement-related Complaint are detailed in the “Notice
of Intention to Award the Contract” herein and are also available from the PPRA Website
www.ppra.go.ke.
BOG SECRETARY,
SOT TECHNICAL TRAINING INSTITUTE
P.O BOX 665-20400, BOMET.
CELL PHONE NO.:0707-042 067
In summary, a Procurement-related Complaint may challenge any of the following
(among others):
(i) the terms of the Tender Documents; and

(ii) The Procuring Entity’s decision to award the contract.

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 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;

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 b) offer the lowest evaluated cost to the Procuring Entity for all items of Goods to be
procured based on either a single Contract or all multiple Contracts combined, as the
case may be, in accordance with the ITT 13.6 inviting Tender prices and discounts, and
provisions made of the Tender Document for evaluation of tenders and award of contract (s);
and
c) Be offered by Tenderer or Tenderers that substantially meet the qualification criteria
applicable for Contract or combined Contracts for which they are selected.

2.2 Evaluation of Tenders

Preliminary examination for Determination of Responsiveness
The Procuring Entity will start by examining all tenders to ensure they meet in all respects
the eligibility criteria and other mandatory requirements in the ITT, and that the tender
is complete in all aspects in meeting the requirements provided for in the preliminary
evaluation criteria outlined below. The Standard Tender Evaluation Report Document for
Goods and Works for evaluating Tenders provides very clear guide on how to deal with
review of these requirements. Tenders that do not pass the Preliminary Examination will
be considered non-responsive and will not be considered further.

MANDATORY REQUIREMENTS

S/N Mandatory requirement Yes/NO

1 Certificate of Incorporation by Registrar of Companies.

2 Valid certified Current Single Business permit

3 Tax compliance certificate

4 Citified audited books of accounts for the last two years 2021-2022
Tender document must be submitted in the right format. All the pages in
the tender document including all attachments must be serialized in the
4 format of page of last page i.e 1, 2, 3……………………. And tape binded

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 TECHNICAL EVALUATION CRITERIA

S/ no Technical description Yes/No

1. At least three (3) similar assignments that have been successfully and 30mrks
satisfactorily completed evidenced in form of
LPO/LSO/contracts/recommendation letters

2 i. Dully filled declaration form stamped and signed 15Mrks

3 Account statement for six months (6) 30Mrks

4 Duly filled business questionnaire stamped and signed 15mrks

5 Litigation History (Provide current sworn affidavit) 5marks

6 Duly filled, signed and stamped Form of Tender 5mks

NB: The minimum pass mark to qualify for registration shall be 70. Applicants who will
not meet this minimum pass mark shall be disqualified at this stage.

FINANCIAL EVALUATION

Under this stage, price analysis will be contacted and the lowest evaluated bidder will be awarded.

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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]

TenderName and Identification:..............................[insert identification] Alternative No

.................................................................................................................................................................................. [inser

t 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: [inserta brief
description of the Goods and Related Services];

e) Tender Price: The total price of our Tender, excluding any discounts offered in item (f) below is: Option 1,

in case of one lot: Total price is: [insert the total price of the Tender in words and figures,
indicating the various amounts and the respective currencies];
or

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total price of each lot in words
and figures, indicating the various amounts and the respective currencies]; and (b) Total price
of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating
the various amounts and the respective currencies];

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

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

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

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;

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

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

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

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

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

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

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

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

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

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

r) 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

28 | P a g e
 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 the tenderer. The power of
attorney shall be attached with the Tender Schedules.

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 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
I, the undersigned, in submitting t h e accompanying L e t t e r 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 [check one of the following, as applicable]:

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

6. In particular, without limiting the generality of paragraphs (5)(a) or (5)(b) above, there has
been no consultation, communication, agreement or arrangement with any competitor
regarding:
a) prices;
b) methods, factors or formulas used to calculate prices;
c) the intention or decision to submit, or not to submit, a tender; or
d) the submission of a tender which does not meet the specifications of the request for
Tenders; except as specifically disclosed pursuant to paragraph (5)(b) above;

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

any competitor regarding the quality, quantity, specifications or delivery particulars of the works
or services to which this request for tenders relates, except as specifically authorized by the
procuring authority or as specifically disclosed pursuant to paragraph (5)(b) above;

8. the terms of the Tender have not been, and will not be, knowingly disclosed by the Tenderer,
directly or indirectly, to any competitor, prior to the date and time of the official tender opening,
or of the awarding of the Contract, whichever comes first, unless otherwise required by law
or as specifically disclosed pursuant to paragraph (5)(b) above.

Name

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 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

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 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

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 DECLARATION AND COMMITMENT TO THE CODE OF ETHICS

I....................................................................................................................... (Person) on behalf of (Name

of the Business/ Company/Firm)............................................................................ declare that I have read
and fully understood the contents of the Public Procurement & Asset Disposal Act, 2015, Regulations
and the Code of Ethics for persons participating in Public Procurement and Asset Disposal and my
responsibilities under the Code.

I do hereby commit to abide by the provisions of the Code of Ethics for persons participating in
Public Procurement and Asset Disposal.

Name of Authorized signatory.................................................................................................................... ....

Sign……………...........................................................................................................................................

Position............................................................................................................................................................

Office address……………………………………………….
Telephone…………….......………………….

E-
mail………………………………….......................................................................................………
……

Name of the Firm/Company……………................................................................................………………

Date……………………………………..............................................................................…………
………

(Company Seal/ Rubber Stamp where applicable)

Witness

Name
……………………………………........................................................................…………
……….

Sign………………………………………........................................................................................…
……

Date…………………………………………….................................................................................
………

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 APPENDIX 1- FRAUD AND CORRUPTION
(Appendix 1 shall not be modified)

1. Purpose

1.1 The Government of Kenya's Anti-Corruption and Economic Crime laws and their sanction's
policies and procedures, Public Procurement and Asset Disposal Act (no.
33 of 2015) and its Regulation, and any other Kenya's Acts or Regulations related to
Fraud and Corruption, and similar offences, shall apply with respect to Public Procurement
Processes and Contracts that are governed by the laws of Kenya.

2. Requirements

2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers,
(applicants/proposers), Consultants, Contractors and Suppliers; any Sub-contractors, Sub-
consultants, Service providers or Suppliers; any Agents (whether declared or not); and any
of their Personnel, involved and engaged in procurement under Kenya's Laws and Regulation,
observe the highest standard of ethics during the procurement process, selection and contract
execution of all contracts, and refrain from Fraud and Corruption and fully comply with
Kenya's laws and Regulations as per paragraphs 1.1 above.

2.2 Kenya’s public procurement and asset disposal act (no. 33 of 2015) under Section 66
describes rules to be followed and actions to be taken in dealing with Corrupt, Coercive,
Obstructive, Collusive or Fraudulent practices, and Conflicts of Interest in procurement
including consequences for offences committed. A few of the provisions noted below
highlight Kenya's policy of no tolerance for such practices and behavior:
1) a person to whom this Act applies shall not be involved in any corrupt, coercive,
obstructive, collusive or fraudulent practice; or conflicts of interest in any procurement or
asset disposal proceeding;
2) A person referred to under subsection (1) who contravenes the provisions of that sub-
section commits an offence;
3) Without limiting the generality of the subsection (1) and (2), the person shall be—
a) disqualified from entering into a contract for a procurement or asset disposal
proceeding; or
b) if a contract has already been entered into with the person, the contract shall be
voidable;
4) The voiding of a contract by the procuring entity under subsection (7) does not limit
any legal remedy the procuring entity may have;
5) An employee or agent of the procuring entity or a member of the Board or committee of
the procuring entity who has a conflict of interest with respect to a procurement: -
a) shall not take part in the procurement proceedings;
b) shall not, after a procurement contract has been entered into, take part in
any decision relating to the procurement or contract; and
c) shall not be a subcontractor for the bidder to whom was awarded contract, or
a member of the group of bidders to whom the contract was awarded, but the
subcontractor appointed shall meet all the requirements of this Act.

6) An employee, agent or member described in subsection (1) who refrains from doing
anything prohibited under that subsection, but for that subsection, would have been
within his or her duties shall disclose the conflict of interest to the procuring entity;

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

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

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 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;

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 or2 any other appropriate authority
appointed by Government of Kenya to inspect all accounts, records and other
documents relating to the procurement process, selection and/or contract execution,
and to have them audited by auditors

35 | P a g e
 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 thereofas 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 veri fication of information.

36 | P a g e
 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.
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

37 | P a g e
 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

c) Partnership, provide the following details.

Names of Partners Nationality Citizenship % 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-

38 | P a g e
 Nominal Kenya Shillings (Equivalent) ……………………………
Issued Kenya Shillings (Equivalent) ……………………………

iii) Give details of Directors as follows.

Names of Director Nationality Citizenship % Shares owned

1
2
3

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

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

If yes, provide details as follows.

Names of Person Designation in the Interest or

Procuring Entity Relationship with
Tenderer
1
2
3

(ii) Conflict of interest disclosure

Type of Conflict Disclosure If YES provide details of the

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

39 | P a g e
 Type of Conflict Disclosure If YES provide details of the
YES relationship with Tenderer
OR
NO
professional staff of the
Procuring Entity who are
directly or indirectly involved
in the preparation of the Tender
document or
specifications of the Contract,
and/or the Tender evaluation
Process of such contract.
8 Tenderer has a close business or
family relationship with a
professional staff of the
Procuring Entity who would be
involved in the implementation
or supervision of the Contract.
9 Has the conflict stemming from
such relationship stated in item 7
and 8 above been resolved in a
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)

40 | P a g e
 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

41 | P a g e
 Price Schedule Forms
[The tenderer shall fill in these Price Schedule Forms in accordance with the instructions
indicated. The list of line items in column 1 of the Price Schedules shall coincide with the
List of Goods and Related Services specified by the Procuring Entity in the Schedule of
Requirements.]

42 | P a g e
 Price Schedule: Goods Manufactured Outside Kenya, to be Imported

(Group C Tenders, goods to be imported) Date:

Currencies in accordance with ITT 15 ITT No:

Alternative No:
of
1 2 3 4 5 6 7 8 9
Line Description of Country Delivery Quantity Unit price CIP Price per Price per line item for Total Price per Line item
Item Goods of Origin Date as and CIP [insert place of
line item inland transportation (Col. 7+8)
defined physical destination] (Col. 5x6) and other services
by unit in accordance with ITT required in Kenya to
Incoterm 14.8(b)(i) convey the Goods to
s their final destination
specified in TDS
[inser [insert name of [insert [insert [insert [insert unit price CIP [insert total [insert the corresponding [insert total price of the
t good] country quoted number of per unit] CIP price per price per line item] line item]
numb of origin Delivery units to be line item]
er of of the Date] supplied
the Good] and name
item] of the
physical
unit]

Total Price

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

43 | P a g e
 Price Schedule: Goods Manufactured Outside Kenya, already imported*
(Group C Tenders, Goods already imported) Date:
Currencies in accordance with ITT 15 ITT No:
Alternative No:
Page of

1 2 3 4 5 6 7 8 9 10 11 12
Line Descripti Country Delivery Quantity and Unit price Custom Duties Unit Price net Price per line Price per line item for Sales and other Total Price
Item on on of of Date as physical unit including and Import of custom item net of inland transportation taxes paid or per line item
Goods Origin defined Custom Taxes paid per duties and Custom and other services payable per (Col. 9+10)
by Duties and unit in import taxes, Duties and required in Kenya to item if Contract
Incoterms Import accordance in Import Taxes convey the goods to is awarded (in
Taxes paid, with accordance paid, in their final destination, accordance
in IT with ITT 14.8 accordance as specified in TDS in with
accordance T 14.8(c)(ii), (c) (iii) with accordance with ITT IT
with [to be (Col. 6 IT 14.8 (c)(v) T
ITT supported by minus Col.7) T 14.8(c)(i) 14.8(c)(iv)
14.8(c)(i) documents] (Col.
[insert [insert [insert [insert [insert [insert unit [insert custom [insert unit [ insert price [insert price per line [insert sales [insert total
number name of country quoted numberof price per duties and price net of per line item item for inland and other taxes price per line
of the Goods] of origin Delivery units to be unit] taxes paid per custom duties net of custom transportation and payable per item]
item] of the Date] supplied and unit] and import duties and other services item if Contract
Good] name of the taxes] import taxes] required in Kenya] is awarded]
physical unit]
1.

2.

3.

4.

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

* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include any rebate or mark-up of
the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the Procuring Entity. For clarity, the tenderers are asked to quote
the price including import duties, and additionally to provide the import duties and the price net of import duties which is the difference of those values.]

44 | P a g e
 Price Schedule: Goods Manufactured in Kenya

Line Item Description of Goods Unit Unit price Tenderer’s offered Delivery
N date [to be provided by the
tenderer]
1. Alluminium Grid Pc
2. Angle Valve 1/2" Pc
3. Asian Toilet Step Type Pc
4. Automatic Urinal Cistern Pc
5. Ball Valve 1/2" Pc
6. Base Connector 11/2"X4" Pc
7. Base Connector 11/4"X4" Pc
8. Base Connector 3"X4" Pc
9. Bip Tap 1/2" Pc
10. Bip Tap 3/4" Pc
11. Black Pipe 1" Class B Pc
12. Black Pipe 1/2" Class B Pc
13. Black Pipe 3/4" Class B Pc
14. Black Pipe 4" Pc
15. Black Pipe Class B 1" Pc
16. Black Pipe Class B 3/4" Pc
17. Boss White 500ml Tube
18. Bottle Trap 2" Pc
19. Bottle Trap Flexible 11/2" Pc
20. Bottle Trap Flexible 11/4" Pc
21. Bricks Pc
22. Building Block Rft
23. Cement Bags
24. Closed End For Gutters Pc
25. Connector For Gutters Pc
26. Dropper Or Down Pipe Gutter Pc
27. Endoshower ( Shower Head) Pc
28. Flexible Connector Pipe" Pc
29. Flexible Connector 18" Pc
30. Flexible Connector 4" Pc
31. Flexible Connector Pipe 1/2" Pc
32. Flexible Nipple 1/2" Pc
33. Floor 2" Pc
34. Floor Trap 3" Pc
45 | P a g e
 35. Floor Trap 4way Pc
36. Floor Trap One Way Pc
37. Flush Valve 11/2" Pc
38. G.I Bend –1/2’ Pc
39. G.I Bend –1’ Pc
40. G.I Bend –3/4’ Pc
41. G.I Elbows ½’ Pc
42. G.I Elbows ¾’ Pc
43. G.I Elbows 1’ Pc
44. G.I Gate Valve- 1’ Pc
45. G.I Gate Valve- 2’ Pc
46. G.I Gate Valve-1/2’ Pc
47. G.I Lock Nut ½’’ Pc
48. G.I Lock Nut ¾’ Pc
49. G.I Lock Nut 1’ Pc
50. G.I Nipple ½’ Pc
51. G.I Nipple ¾’ Pc
52. G.I Nipples 1’ Pc
53. G.I Nipples 2’ Pc
54. G.I Nipples 3/4’ Pc
55. G.I Pipe – ½’ Pc
56. G.I Pipe –1’ Pc
57. G.I Pipe –2’ Pc
58. G.I Pipe –3/4’ Pc
59. G.I Pipe –3’ Pc
60. G.I Reducer 1’-3/4’ Pc
61. G.I Reducer 3/4’-1/2’ Pc
62. G.I Socket -1/2’ Pc
63. G.I Socket 1’ Pc
64. G.I Socket 3/4’ Pc
65. G.I Tee –1/2’ Pc
66. G.I Tee –1’ Pc
67. G.I Tee –3/4’ Pc
68. G.I Union ½’ Pc
69. G.I Union ¾’ Pc
70. G.I Union 1’ Pc
71. Gate Valve 1" Pc
72. Gate Valve 1/2" Pc
73. Gate Valve 11/2" Pc
46 | P a g e
 74. Gate Valve 3/4" Pc
75. GI Elbow 1" Pc
76. GI Elbow 3/4" Pc
77. GI Extension Nipple With Backnut 1" Pc
78. GI Gate Valve 3/4" Pc
79. GI Pipe 1" Class B Pc
80. GI Pipe 1/2" Class B Pc
81. GI Pipe 3/4" Class B Pc
82. GI Plug 1" Pc
83. GI Plug 1/2" Pc
84. GI Plug 3/4" Pc
85. GI Reducing Push 3/4"X1/2" Pc
86. GI Reducing Push 1"To 3/4" Pc
87. GI Socket 1" Pc
88. GI Socket 1/2" Pc
89. GI Tee 3/4" Pc
90. GI Union 1" Pc
91. GI Union 1/2" Pc
92. GI Union 3/4" Pc
93. Goose Neck Pillar Tap 1/2" Pc
94. Gully Traps 4" Pc
95. Hand Wash Basin Pc
96. Hemp Sisal Like Pc
97. High Level Flushing Cistern Pc
98. Inspection Bend 4" Pc
99. Kitchen Instant Heater Pc
100. Kitchen Mixer Cobra White Hole Pc
101. Kitchen Sink 600x450 Pc
102. Kitchen Sink Double Tray Hole Pc
103. Kitchen Sink Single Pc
104. Lime Cemet Bags
105. Lockable Bip Tap 3/4" Pc
106. Low Level Flushing Cistern Pc
107. Magic Flex 11/2" Pc
108. Man Cover 18"X18" Pc
109. Man Hole Cover 12"X12" Pc
110. Manhole Cover 24"X18" Pc
111. Manhole Cover 24"X24" Pc
112. Metro Gutter Pc
47 | P a g e
 113. Outlet (Drpper) Pc
114. P.V.C Nipples 1’ Class D Pc
115. P.V.C Bend –1’ Class D Pc
116. P.V.C Elbows ½’ Class D Pc
117. P.V.C Elbows ¾’ Class D Pc
118. P.V.C Elbows 1’class D Pc
119. P.V.C Nipple ½’ Class D Pc
120. P.V.C Nipple ¾’ Class D Pc
121. P.V.C Nipple 1’ Class D Pc
122. P.V.C Nipples 2’class D Pc
123. P.V.C Nipples 3/4’ Class D Pc
124. P.V.C Reducer 1’-3/4’class D Pc
125. P.V.C Reducer 3/4’-1/2’ Class D Pc
126. P.V.C Socket 1’ Class D Pc
127. P.V.C Socket 3/4’ Class D Pc
128. Pillar Tap 1/2" Pc
129. Pillar Traps Pc
130. Pit Trap Toilet Pc
131. PPR Bend 1"X3/4" Pc
132. PPR Elbow 1" Pc
133. PPR Elbow 1/2' Pc
134. PPR Elbow 3/4" Pc
135. PPR Elbow Adaptor 11/2" Pc
136. PPR Elbow Female Reducer 1/2x3/4" Pc
137. PPR Elbow Male Reducer 1/2"X3/4" Pc
138. PPR Female Adaptor 1" Pc
139. PPR Female Adaptor 3/4" Pc
140. PPR Female Adaptor 1/2" Pc
141. PPR Female Elbow 3/4" Pc
142. PPR Socket 1/2" Pc
143. PPR Gate Valve 3/4 Pc
144. PPR Male Adaptor 1" Pc
145. PPR Male Adaptor 3/4" Pc
146. PPR Male Adaptor 3/4 Pc
147. PPR Elbow 3/4" Pc
148. PPR Socket 1" Pc
149. PPR Socket 1/2" Pc
150. PPR Male Socket 3/4" Pc
151. PPR Male Tee 3/4" Pc
48 | P a g e
 152. PPR Males Socket 3/4x1/2" Pc
153. PPR Pipe 1" Pc
154. PPR Pipe 1/2" Pc
155. PPR Pipe 11/2" Pc
156. PPR Pipe 3/4" Pc
157. PPR Plain Elbow 3/4 Pc
158. PPR Plain Elbow 1" Pc
159. PPR Plain Socket 1" Pc
160. PPR Plain Socket 3/4" Pc
161. PPR Plain Tee 3/4" Pc
162. PPR Plain Tee 1" Pc
163. PPR Reducer 1" To 1/2" Pc
164. PPR Reducer 1" To 3/4" Pc
165. PPR Reducer 3/4" To 1/2" Pc
166. PPR Reducing Socket 1"-3/4" Pc
167. PPR Reducing Socket 3/4"X1/2" Pc
168. PPR Socket 1" Pc
169. PPR Socket 1/2" Pc
170. PPR Socket 11/2x1" Pc
171. PPR Socket 3/4" Pc
172. PPR Socket Adaptor 11/2" Pc
173. PPR Socket Female 3/4" Pc
174. PPR Stop Cock 3/4" Pc
175. PPR Stop Cocks 1/2" Pc
176. PPR Tee 1" Pc
177. PPR Tee 1/2" Pc
178. PPR Tee 3/4" Pc
179. PPR Tee Reducer 1"-3/4" Pc
180. PPR Tee Reducer Female 1/2"-3/4" Pc
181. PPR Tee Reducer Male 1/2"-3/4" Pc
182. PPR Union 1" Pc
183. PPR Union 1/2" Pc
184. PPR Union 3/4" Pc
185. Press Type Cistern Pc
186. P-Trap Toilet Pc
187. Push Tap 1/2" Pc
188. PVC Adaptor 3/4" Pc
189. PVC Elbow 11/2" Pc
190. PVC Elbow 2" Pc
49 | P a g e
 191. PVC Elbow 3" Pc
192. PVC Elbow 4" Pc
193. PVC Inspection Elbow 4" Pc
194. PVC Pipe 1" Class B Pc
195. PVC Pipe 1/2" Class B Pc
196. PVC Pipe 3" Pc
197. PVC Pipe 3/4" Class B Pc
198. PVC Plug 11/2" Pc
199. PVC Reducing Bush 2"X11/2" Pc
200. PVC Reducing Bush 4"To 3" Pc
201. PVC Tee 11/2" Pc
202. PVC Tee 2" Pc
203. PVC Tee 3" Pc
204. PVC Top Plug 11/2" Pc
205. Sand Tones
206. Silicon 300ml Pc
207. Supporting Bracket Clips Pc
208. Swan Neck 3/4" Pc
209. Tangit 1lt Pc
210. Tangit 500ml Pc
211. Thread Seal Pc
212. Tiles 150mmx150mm Box
213. Toilet Seat Cover Pc
214. Urinal Pc
215. Urinal Tray 2440x1200x450 Pc
216. Vent Cap3" Pc
217. Wash Hand Basin 500x500 Metalic Pc
218. Wash Hand Basin Ceramic Pc
219. Waste Bend 11/2" Pc
220. Waste Bend 2" Pc
221. Waste Bend 4" Pc
222. Waste Elbow 11/2" Pc
223. Waste Elbow 11/4" Pc
224. Waste Elbow 3" Pc
225. Waste Elbow With Plug 2" Pc
226. Waste Pipe 11/2" Pc
227. Waste Pipe 11/4" Pc
228. Waste Pipe 2" Pc
229. Waste Pipe 3" Pc
50 | P a g e
 230. Waste Pipe 4" Pc
231. Waste Plug 11/2" Pc
232. Waste Plug 3" Pc
233. Waste Plug 4" Pc
234. Waste Tee 11/2" Pc
235. Waste Tee 11/4" Pc
236. Waste Tee 2" Pc
237. Waste Tee 3" Pc
238. Waste Tee 4" Pc
239. Water Closet Seat Cover Pc
240. Water Tap- 1/2' Pc
241. Water Tap- 3/4' Pc
242. Water Tap Push Pc
243. WC Gully Trap 4" Pc
244. WC Sitting Type Pc
245. WC Squatting Type Pc
246. WC traps for squatting type pc
247.

Name of tenderer …………………………………………………………………………………………..

Signature of person signing the Tender…………………………..………………………

Date …………………………….

STAMP…………………..

51 | P a g e
 Price and Completion Schedule - Related Services
Currencies in accordance with ITT 15 Date:
ITT No:

Alternative No:
Page of
1 2 3 4 5 6 7
Service Description of Services (excludes Country of Delivery Date at place Quantity and physical unit Unit price Total Price per
inland transportation and other Origin of Final destination Service
services required in Kenya to convey (Col. 5*6 or
the goods to their final destination) estimate)
[insert [insert name of Services] [insert [insert delivery date at [insert number of units to be [insert unit [insert total price
number of the country of place of final supplied and name of the price per per item]
Service] origin of destination per physical unit] item]
the Service]
Services]
1.
2.
3.
Total Tender Price

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

52 | P a g e
 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 in after called "the Applicant") has submitted or
will submit to the Beneficiary its Tender (here in after called" the Tender") for the execution of
under Request for Tenders No. (“the ITT”).

2. Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a
Tender guarantee.

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

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

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

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

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

[signature(s)]

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

53 | P a g e
 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.

54 | P a g e
 FORM OF TENDER-SECURING DECLARATION
[The Bidder shall complete this Form in accordance with the instructions indicated]
Date ............................... [insert date (as day, month and year) of Tender Submission]
Tender No ........................................... [Insert number of tendering process]

To:.................................................[insert complete name of

Purchaser] I/We, the undersigned, declare that:
1. I/We understand that, according to your conditions, bids must be supported by a Tender-Securing
Declaration.

2. I/We accept that I/we will automatically be suspended from being eligible for tendering in any contract
with the Purchaser for the period of time of .........[insert number of months or years] starting on
.........[insert date] , if we are in breach of our obligation(s) under the bid conditions, because we – (a)
have withdrawn our tender during the period of tender validity specified by us in the Tendering
Data Sheet; or (b) having been notified of the acceptance of our Bid by the Purchaser during the period of
bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the
Performance Security, in accordance with the instructions to tenders.

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

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

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

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

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

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

Duly authorized to sign the bid for and on behalf of: .................................................[insert complete name of
Tenderer]. Dated on ....................................................... day of. ................................................... [Insert date of
Signing].

Seal or stamp.

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 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]

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 PART 2: SUPPLY REQIREMENTS

57 | P a g e
 Section V - Schedule of Requirements
Notes for Preparing the Schedule of Requirements

The Schedule of Requirements shall be included in the Tendering document by the Procuring Entity, and shall
cover, at a minimum, a description of the goods and services to be supplied and the delivery schedule.

The objective of the Schedule of Requirements is to provide sufficient information to enable tenderers to prepare
their Tenders efficiently and accurately, in particular, the Price Schedule, for which a form is provided in
Section IV. In addition, the Schedule of Requirements, together with the Price Schedule, should serve as a
basis in the event of quantity variation at the time of award of contract pursuant to ITT 42.1.

The date or period for delivery should be carefully specified, taking into account (a) the implications of
delivery terms stipulated in the Instructions to tenderers pursuant to the Incoterms rules that “delivery” takes
place when goods are delivered to the final place of delivery, and (b) the date prescribed herein from which
the Procuring Entity's delivery obligations start (i.e., notice of award, contract signature, opening or confirmation
of the letter of credit).

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

Line Item Description of Goods Unit Unit price Tenderer’s offered Delivery
N date [to be provided by the
tenderer]
1. Alluminium Grid Pc
2. Angle Valve 1/2" Pc
3. Asian Toilet Step Type Pc
4. Automatic Urinal Cistern Pc
5. Ball Valve 1/2" Pc
6. Base Connector 11/2"X4" Pc
7. Base Connector 11/4"X4" Pc
8. Base Connector 3"X4" Pc
9. Bip Tap 1/2" Pc
10. Bip Tap 3/4" Pc
11. Black Pipe 1" Class B Pc
12. Black Pipe 1/2" Class B Pc
13. Black Pipe 3/4" Class B Pc
14. Black Pipe 4" Pc
15. Black Pipe Class B 1" Pc
16. Black Pipe Class B 3/4" Pc
17. Boss White 500ml Tube
18. Bottle Trap 2" Pc
19. Bottle Trap Flexible 11/2" Pc
20. Bottle Trap Flexible 11/4" Pc
21. Bricks Pc
22. Building Block Rft
23. Cement Bags
24. Closed End For Gutters Pc
25. Connector For Gutters Pc
26. Dropper Or Down Pipe Gutter Pc
27. Endoshower ( Shower Head) Pc
28. Flexible Connector Pipe" Pc
29. Flexible Connector 18" Pc
30. Flexible Connector 4" Pc
31. Flexible Connector Pipe 1/2" Pc
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 32. Flexible Nipple 1/2" Pc
33. Floor 2" Pc
34. Floor Trap 3" Pc
35. Floor Trap 4way Pc
36. Floor Trap One Way Pc
37. Flush Valve 11/2" Pc
38. G.I Bend –1/2’ Pc
39. G.I Bend –1’ Pc
40. G.I Bend –3/4’ Pc
41. G.I Elbows ½’ Pc
42. G.I Elbows ¾’ Pc
43. G.I Elbows 1’ Pc
44. G.I Gate Valve- 1’ Pc
45. G.I Gate Valve- 2’ Pc
46. G.I Gate Valve-1/2’ Pc
47. G.I Lock Nut ½’’ Pc
48. G.I Lock Nut ¾’ Pc
49. G.I Lock Nut 1’ Pc
50. G.I Nipple ½’ Pc
51. G.I Nipple ¾’ Pc
52. G.I Nipples 1’ Pc
53. G.I Nipples 2’ Pc
54. G.I Nipples 3/4’ Pc
55. G.I Pipe – ½’ Pc
56. G.I Pipe –1’ Pc
57. G.I Pipe –2’ Pc
58. G.I Pipe –3/4’ Pc
59. G.I Pipe –3’ Pc
60. G.I Reducer 1’-3/4’ Pc
61. G.I Reducer 3/4’-1/2’ Pc
62. G.I Socket -1/2’ Pc
63. G.I Socket 1’ Pc
64. G.I Socket 3/4’ Pc
65. G.I Tee –1/2’ Pc
66. G.I Tee –1’ Pc
67. G.I Tee –3/4’ Pc
68. G.I Union ½’ Pc
69. G.I Union ¾’ Pc
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 70. G.I Union 1’ Pc
71. Gate Valve 1" Pc
72. Gate Valve 1/2" Pc
73. Gate Valve 11/2" Pc
74. Gate Valve 3/4" Pc
75. GI Elbow 1" Pc
76. GI Elbow 3/4" Pc
77. GI Extension Nipple With Backnut 1" Pc
78. GI Gate Valve 3/4" Pc
79. GI Pipe 1" Class B Pc
80. GI Pipe 1/2" Class B Pc
81. GI Pipe 3/4" Class B Pc
82. GI Plug 1" Pc
83. GI Plug 1/2" Pc
84. GI Plug 3/4" Pc
85. GI Reducing Push 3/4"X1/2" Pc
86. GI Reducing Push 1"To 3/4" Pc
87. GI Socket 1" Pc
88. GI Socket 1/2" Pc
89. GI Tee 3/4" Pc
90. GI Union 1" Pc
91. GI Union 1/2" Pc
92. GI Union 3/4" Pc
93. Goose Neck Pillar Tap 1/2" Pc
94. Gully Traps 4" Pc
95. Hand Wash Basin Pc
96. Hemp Sisal Like Pc
97. High Level Flushing Cistern Pc
98. Inspection Bend 4" Pc
99. Kitchen Instant Heater Pc
100. Kitchen Mixer Cobra White Hole Pc
101. Kitchen Sink 600x450 Pc
102. Kitchen Sink Double Tray Hole Pc
103. Kitchen Sink Single Pc
104. Lime Cemet Bags
105. Lockable Bip Tap 3/4" Pc
106. Low Level Flushing Cistern Pc
107. Magic Flex 11/2" Pc
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 108. Man Cover 18"X18" Pc
109. Man Hole Cover 12"X12" Pc
110. Manhole Cover 24"X18" Pc
111. Manhole Cover 24"X24" Pc
112. Metro Gutter Pc
113. Outlet (Drpper) Pc
114. P.V.C Nipples 1’ Class D Pc
115. P.V.C Bend –1’ Class D Pc
116. P.V.C Elbows ½’ Class D Pc
117. P.V.C Elbows ¾’ Class D Pc
118. P.V.C Elbows 1’class D Pc
119. P.V.C Nipple ½’ Class D Pc
120. P.V.C Nipple ¾’ Class D Pc
121. P.V.C Nipple 1’ Class D Pc
122. P.V.C Nipples 2’class D Pc
123. P.V.C Nipples 3/4’ Class D Pc
124. P.V.C Reducer 1’-3/4’class D Pc
125. P.V.C Reducer 3/4’-1/2’ Class D Pc
126. P.V.C Socket 1’ Class D Pc
127. P.V.C Socket 3/4’ Class D Pc
128. Pillar Tap 1/2" Pc
129. Pillar Traps Pc
130. Pit Trap Toilet Pc
131. PPR Bend 1"X3/4" Pc
132. PPR Elbow 1" Pc
133. PPR Elbow 1/2' Pc
134. PPR Elbow 3/4" Pc
135. PPR Elbow Adaptor 11/2" Pc
136. PPR Elbow Female Reducer 1/2x3/4" Pc
137. PPR Elbow Male Reducer 1/2"X3/4" Pc
138. PPR Female Adaptor 1" Pc
139. PPR Female Adaptor 3/4" Pc
140. PPR Female Adaptor 1/2" Pc
141. PPR Female Elbow 3/4" Pc
142. PPR Socket 1/2" Pc
143. PPR Gate Valve 3/4 Pc
144. PPR Male Adaptor 1" Pc
145. PPR Male Adaptor 3/4" Pc
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 146. PPR Male Adaptor 3/4 Pc
147. PPR Elbow 3/4" Pc
148. PPR Socket 1" Pc
149. PPR Socket 1/2" Pc
150. PPR Male Socket 3/4" Pc
151. PPR Male Tee 3/4" Pc
152. PPR Males Socket 3/4x1/2" Pc
153. PPR Pipe 1" Pc
154. PPR Pipe 1/2" Pc
155. PPR Pipe 11/2" Pc
156. PPR Pipe 3/4" Pc
157. PPR Plain Elbow 3/4 Pc
158. PPR Plain Elbow 1" Pc
159. PPR Plain Socket 1" Pc
160. PPR Plain Socket 3/4" Pc
161. PPR Plain Tee 3/4" Pc
162. PPR Plain Tee 1" Pc
163. PPR Reducer 1" To 1/2" Pc
164. PPR Reducer 1" To 3/4" Pc
165. PPR Reducer 3/4" To 1/2" Pc
166. PPR Reducing Socket 1"-3/4" Pc
167. PPR Reducing Socket 3/4"X1/2" Pc
168. PPR Socket 1" Pc
169. PPR Socket 1/2" Pc
170. PPR Socket 11/2x1" Pc
171. PPR Socket 3/4" Pc
172. PPR Socket Adaptor 11/2" Pc
173. PPR Socket Female 3/4" Pc
174. PPR Stop Cock 3/4" Pc
175. PPR Stop Cocks 1/2" Pc
176. PPR Tee 1" Pc
177. PPR Tee 1/2" Pc
178. PPR Tee 3/4" Pc
179. PPR Tee Reducer 1"-3/4" Pc
180. PPR Tee Reducer Female 1/2"-3/4" Pc
181. PPR Tee Reducer Male 1/2"-3/4" Pc
182. PPR Union 1" Pc
183. PPR Union 1/2" Pc
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 184. PPR Union 3/4" Pc
185. Press Type Cistern Pc
186. P-Trap Toilet Pc
187. Push Tap 1/2" Pc
188. PVC Adaptor 3/4" Pc
189. PVC Elbow 11/2" Pc
190. PVC Elbow 2" Pc
191. PVC Elbow 3" Pc
192. PVC Elbow 4" Pc
193. PVC Inspection Elbow 4" Pc
194. PVC Pipe 1" Class B Pc
195. PVC Pipe 1/2" Class B Pc
196. PVC Pipe 3" Pc
197. PVC Pipe 3/4" Class B Pc
198. PVC Plug 11/2" Pc
199. PVC Reducing Bush 2"X11/2" Pc
200. PVC Reducing Bush 4"To 3" Pc
201. PVC Tee 11/2" Pc
202. PVC Tee 2" Pc
203. PVC Tee 3" Pc
204. PVC Top Plug 11/2" Pc
205. Sand Tones
206. Silicon 300ml Pc
207. Supporting Bracket Clips Pc
208. Swan Neck 3/4" Pc
209. Tangit 1lt Pc
210. Tangit 500ml Pc
211. Thread Seal Pc
212. Tiles 150mmx150mm Box
213. Toilet Seat Cover Pc
214. Urinal Pc
215. Urinal Tray 2440x1200x450 Pc
216. Vent Cap3" Pc
217. Wash Hand Basin 500x500 Metalic Pc
218. Wash Hand Basin Ceramic Pc
219. Waste Bend 11/2" Pc
220. Waste Bend 2" Pc
221. Waste Bend 4" Pc
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 222. Waste Elbow 11/2" Pc
223. Waste Elbow 11/4" Pc
224. Waste Elbow 3" Pc
225. Waste Elbow With Plug 2" Pc
226. Waste Pipe 11/2" Pc
227. Waste Pipe 11/4" Pc
228. Waste Pipe 2" Pc
229. Waste Pipe 3" Pc
230. Waste Pipe 4" Pc
231. Waste Plug 11/2" Pc
232. Waste Plug 3" Pc
233. Waste Plug 4" Pc
234. Waste Tee 11/2" Pc
235. Waste Tee 11/4" Pc
236. Waste Tee 2" Pc
237. Waste Tee 3" Pc
238. Waste Tee 4" Pc
239. Water Closet Seat Cover Pc
240. Water Tap- 1/2' Pc
241. Water Tap- 3/4' Pc
242. Water Tap Push Pc
243. WC Gully Trap 4" Pc
244. WC Sitting Type Pc
245. WC Squatting Type Pc
246. WC traps for squatting type pc
247.

Name of tenderer …………………………………………………………………………………………..

Signature of person signing the Tender…………………………..………………………

Date …………………………….

STAMP………………………….

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 List of Related Services and Completion Schedule

[This table shall be filled in by the Procuring Entity. The Required Completion Dates should be realistic, and consistent with the required Goods Delivery
Dates (as per Incoterms)].
Place where Services Final Completion
Service Description of Service Quantity1 Physical Unit shall be performed Date(s) of Services

[insert [insert description of Related Services] [insert quantity of [insert physical unit [insert name of the Place] [insert required
Service items to be for the items] Completion
No] supplied] Date(s)]
1.
2.
3.
4.
5.

1 If applicable
Technical Specifications

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

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

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

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

iv) The PPRA encourages the use of metric units.

v) Standardizing technical specifications may be advantageous, depending on the complexity of the goods and the repetitiveness of the type of procurement.
Technical Specifications should be broad enough to avoid restrictions on workmanship, materials, and equipment commonly used in manufacturing
similar kinds of goods.

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

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

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

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

1.3 The TS shall specify all essential technical and performance characteristics and requirements, including guaranteed or acceptable maximum or minimum values,
as appropriate. Whenever necessary, the Procuring Entity shall include an additional ad-hoc Tendering form (to be an Attachment to the Letter of Tender),
where the tenderer shall provide detailed information on such technical performance characteristics in respect to the corresponding acceptable or

67 | P a g e
 Guaranteed values.
1.4 When the Procuring Entity requests that the tenderer provides in its Tender a part or all of the Technical
Specifications, technical schedules, or other technical information, the Procuring Entity shall specify in
detail the nature and extent of the required information and the manner in which it has to be presented by
the tenderer in its Tender.

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

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

Item No Name of Goods or Related Technical Specifications and Standards

Service
[insert item No] [insert name] [insert TS and Standards]

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

2. Drawings
This Tendering document includes. ............................................................... [Insert “the following” or “no”]
drawings. [If documents shall be included, insert the following List of Drawings].

List of Drawings

Drawing No. Drawing Name Purpose

3. Inspections and Tests

The following inspections and tests shall be performed ............................................ [Insert list of inspections and
tests]

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 PART 3 - CONDITIONS OF CONTRACT AND
CONTRACT FORMS

69 | P a g e
 SECTION VI - GENERAL CONDITIONS OF CONTRACT
1. Definitions

In the Conditions of Contract (“these Conditions”), which include Special Conditions, Parts A and B,
and these General Conditions, the following words and expressions shall have the meanings stated.
Words indicating persons or parties include corporations and other legal entities, except where the context
requires otherwise.

a) “Contract” means the Contract Agreement entered into between the Procuring Entity and the Supplier,
together with the Contract Documents referred to therein, including all attachments, appendices, and
all documents incorporated by reference therein.

b) “Contract Documents” means the documents listed in the Contract Agreement, including any
amendments thereto.

c) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement,
subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant
to the Contract.

d) “Day” means calendar day.

e) “Completion” means the fulfilment of the Related Services by the Supplier in accordance with
the terms and conditions set forth in the Contract.

f) “GCC” means the General Conditions of Contract.

g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials
that the Supplier is required to supply to the Procuring Entity under the Contract.

h) “Procuring Entity” means the Procuring Entity purchasing the Goods and Related Services,as specified
in the SCC.

i) “Related Services” means the services incidental to the supply of the goods, such as insurance, delivery,
installation, commissioning, training and initial maintenance and other such obligations of the
Supplier under the Contract.

j) “SCC” means the Special Conditions of Contract.

k) “Subcontractor” means any person, private or government entity, or a combination of the above, to
whom any part of the Goods to be supplied or execution of any part of the Related Services is
subcontracted by the Supplier.

l) “Supplier” means the person, private or government entity, or a combination of the above, whose
Tender to perform the Contract has been accepted by the Procuring Entity and is named as such
in the Contract Agreement.

m) “Base Date” means a date 30 day prior to the submission of tenders.

n) “Laws” means all national legislation, statutes, ordinances, and regulations and by-laws of any legally
constituted public authority.

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

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

2. Interpretation

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

2.2. Incoterms

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

3. Contract Documents

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

4. Fraud and Corruption

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

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

4.1 Entire Agreement

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

4.2 Amendment

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

4.3 Non-waiver

a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence by either
party in enforcing any of the terms and conditions of the Contract or the granting of time by
either party to the other shall prejudice, affect, or restrict the rights of that party under the
Contract, neither shall any waiver by either party of any breach of Contract operate as waiver
of any subsequent or continuing breach of Contract.

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

4.4 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such
prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions
and conditions of the Contract.
5. Language

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

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

6. Joint Venture, Consortium or Association

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

7. Eligibility

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

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

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

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

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

10. Settlement of Disputes

10.1 The Procuring Entity and the Supplier shall make every effort to resolve amicably by direct negotiation
any disagreement or dispute arising between them under or in connection with the Contract.
10.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the Procuring Entity or the Supplier may give notice to the other party of
its intention to commence 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.

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 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 acclaim or
dispute has not been given by the applying party within thirty days of the occurrence or discovery of
the matter or issue giving rise to the dispute.
10.2.3 Notwithstanding the issue of a notice as stated above, the arbitration of such a claim or dispute shall not
commence unless an attempt has in the first instance been made by the parties to settle such claim or
dispute amicably with or without the assistance of third parties. Proof of such attempt shall be required.
10.2.4 The Arbitrator shall, without prejudice to the generality of his powers, have powers to direct such
measurements, computations, or valuations as may in his opinion be desirable in order to determine the
rights of the parties and assess and award any sums which ought to have been the subject of or included
in any due payments.
10.2.5 Neither Party shall be limited in the proceedings before the arbitrators to the evidence, or to the reasons
for the dispute given in its notice of a claim or dispute.
10.2.6 Arbitration may be commenced prior to or after delivery of the goods. The obligations of the Parties
shall not be altered by reason of any arbitration being conducted during the progress of the delivery of
goods.
10.2.7 The terms of the remuneration of each or all the members of Arbitration shall be mutually agreed
upon by the Parties when agreeing the terms of appointment. Each Party shall be responsible for paying
one-half of this remuneration.

10.3 Arbitration Proceedings

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

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

10.3.3 Alternative Arbitration Proceedings

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

10.4 Arbitration with Foreign Suppliers

10.4.1 Arbitration with foreign suppliers shall be conducted in accordance with the arbitration rules of the United
Nations Commission on International Trade Law (UNCITRAL); or with proceedings administered by the
International Chamber of Commerce (ICC) and conducted under the ICC Rules of Arbitration; by
one or more arbitrators appointed in accordance with said arbitration rules.

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 10.4.2 The place of arbitration shall be a location specified in the SCC; and the arbitration shall be conducted in
the language for communications defined in Sub-Clause 1.4 [Law and Language].

10.5 Alternative Arbitration Proceedings

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

10.6 Failure to Comply with Arbitrator’s Decision

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

10.7 Contract operations continue

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

11. Inspections and Audit by the Procuring Entity

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

11.2 Pursuant to paragraph 2.2 of Instruction to Tenderers, the Supplier shall permit and shall cause its
subcontractors to permit, the Procuring Entity and/or persons appointed by the Procuring Entity or by
other statutory bodies of the Government to inspect the Site and/or the accounts and records relating to
the procurement process, selection and/or contract execution, and to have such accounts and records
audited by auditors appointed by the Procuring Entity. The Supplier's and its Subcontractors' attention
is drawn to Sub- Clause 3.1 which provides, interalia, 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.

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 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 priceX 100.

16. Terms of Payment

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

17. Taxes and Duties

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

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

18. Performance Security

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

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

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

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

19. Copyright

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

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

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

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

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

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

21. Subcontracting

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

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

22. Specifications and Standards

22.1 Technical Specifications and Drawings

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

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 23. Packing and Documents

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

24. Insurance

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

25. Transportation and Incidental Services

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

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

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

26. Inspections and Tests

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

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

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

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

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 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 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

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

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

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

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

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

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

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

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

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

31. Change in Laws and Regulations

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

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

32. Force Majeure

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

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

33. Change Orders and Contract Amendments

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

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

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

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

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

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

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

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

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

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

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 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, 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.

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

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

SECTION VII - SPECIAL CONDITIONS OF CONTRACT

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

[The Procuring Entity shall select insert the appropriate wording using the samples below or other
acceptable wording, and delete the text in italics]
Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is SOT TECHNICAL TRAINING INSTITUTES
GCC 4.2 (a) The meaning of the trade terms shall be as prescribed by Incoterms. If the meaning of any
trade term and the rights and obligations of the parties thereunder shall not be as prescribed
by Incoterms, they shall be as prescribed by: [exceptional; refer to other
internationally accepted trade terms]
GCC 4.2 (b) The version edition of Incoterms shall be INCOTERMS 2015
GCC 8.1 For notices, the Procuring Entity’s address shall be: Attention:
The Senior Principal
SOT TECHNICAL TRAINING INSTITUTE,
P.O BOX 665,
BOMET.
Email:[email protected]
Phone number: 0707-042-067
GCC 10.4.2 The place of arbitration shall be ----------------------------- (specify City and Country).
GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are [insert the
required documents, such as a negotiable bill of lading, a non-negotiable sea way bill, an
airway bill, a railway consignment note, a road consignment note, insurance certificate,
Manufacturer’s or Supplier’s warranty certificate, inspection certificate issued by
nominated inspection agency, Supplier’s factory shipping details etc.].
The above documents shall be received by the Procuring Entity before arrival of the Goods
and, if not received, the Supplier will be responsible for any consequent expenses.

GCC 15.1 The prices charged for the Goods supplied and the related Services performed [insert
“Shall” or “shall not,” as appropriate] be adjustable.

If prices are adjustable, the following method shall be used to calculate the price
adjustment [see attachment to these SCC for a sample Price Adjustment Formula]

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 GCC 16.1 Sample provision
GCC 16.1—The method and conditions of payment to be made to the Supplier under
this Contract shall be as follows:
A. Payment for Goods supplied from abroad:
Payment of foreign currency portion shall be made in [insert currency of the Contract
Price] in the following manner:
(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty
(30) Days of signing of the Contract, and upon submission of claim and a bank guarantee
for equivalent amount valid until the Goods are delivered and, in the form, provided in the
Tendering document or another form acceptable to the Procuring Entity.

(ii) On Shipment: Eighty (80) percent of the Contract Price of the Goods shipped shall
be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in
a bank in its country, upon submission of documents specified in GCC Clause 12.

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 (iii) On Acceptance: Ten (10) percent of the Contract Price of Goods received shall be paid
within thirty (30) days of receipt of the Goods upon submission of claim supported by the
acceptance certificate issued by the Procuring Entity.

B. Payment of local currency portion of a foreign Supplier shall be made in Kenya shillings
within thirty (30) days of presentation of claim supported by a certificate from the Procuring
Entity declaring that the Goods have been delivered and that all other contracted Services
have been performed.
C. Payment for Goods and Services supplied from within Kenya:
Payment for Goods and Services supplied from within Kenya shall be made in

[currency] , as follows:
(i) Advance Payment: Ten (10) percent of the Contract Price shall be paid within thirty
(30) days of signing of the Contract against an invoice and a bank guarantee for the
equivalent amount and in the form provided in the Tendering document or another form
acceptable to the Procuring Entity.

(ii) On Delivery: Eighty (80) percent of the Contract Price shall be paid on receipt of
the Goods and upon submission of the documents specified in GCC Clause 13. The bank
guarantee shall then be released.
(iii) On Acceptance: The remaining ten (10) percent of the Contract Price shall be paid to
the Supplier within thirty (30) days after the date of the acceptance certificate for the
respective delivery issued by the Procuring Entity.
GCC 16.5 The payment-delay period after which the Procuring Entity shall pay interest to the
supplier shall be [insert number] days.
The interest rate that shall be applied is [insert number] %
GCC 18.1 A Performance Security [ insert “shall” or “shall not” be required]
[If a Performance Security is required, insert “the amount of the Performance Security
shall be: [insert amount]
[The amount of the Performance Security is usually expressed as a percentage of the
Contract Price. The percentage varies according to the Procuring Entity’s perceived
risk
and impact of non-performance by the Supplier. A 10% percentage is used under
normal circumstances]
GCC 18.3 If required, the Performance Security shall be in the form of: [insert “a Demand
Guarantee” or” a Performance Bond”]
If required, the Performance security shall be denominated in [insert “a freely
convertible currency acceptable to the Procuring Entity” or “the currencies of payment
of the Contract, in accordance with their portions of the Contract Price”]
GCC 18.4 Discharge of the Performance Security shall take place: [ insert date if different from the
one indicated in sub clause GCC 18.4]
GCC 23.2 The packing, marking and documentation within and outside the packages shall be:
[insert in detail the type of packing required, the markings in the packing and all
documentation required]
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
If not in accordance with Incoterms, insurance shall be as follows:
[insert specific insurance provisions agreed upon, including coverage, currency and
amount]
GCC 25.1 Responsibility for transportation of the Goods shall be as specified in the Incoterms.
If not in accordance with Incoterms, responsibility for transportations shall be as follows:
[insert “The Supplier is required under the Contract to transport the Goods to specified
place of final destination within Kenya, defined as the Project Site, transport to such place
of destination in Kenya, including insurance and storage, as shall be specified in the
Contract, shall be arranged by the Supplier, and related costs shall be included in the
Contract Price”; or any other agreed upon trade terms (specify the
respective responsibilities of the Procuring Entity and the Supplier)]

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 GCC 25.2 Incidental services to be provided are:
[Selected services covered under GCC Clause 25.2 and/or other should be specified

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 with the desired features. The price quoted in the Tender price or agreed with the
selected Supplier shall be included in the Contract Price.]
GCC 26.1 The inspections and tests shall be: [insert nature, frequency, procedures for carrying out
the inspections and tests]
GCC 26.2 The Inspections and tests shall be conducted at: [insert name(s) of location(s)]
GCC 27.1 The liquidated damage shall be: [insert number] % per week
GCC 27.1 The maximum amount of liquidated damages shall be: [insert number] %
GCC 28.3
The period of validity of the Warranty shall be: [insert number] days
For purposes of the Warranty, the place(s) of final destination(s) shall be:
[insert name(s) of location(s)]
Sample provision
GCC 28.3—In partial modification of the provisions, the warranty period shall be
hours of operation or months from date of acceptance of the Goods or ( )months
from the date of shipment, whichever occurs earlier. The Supplier shall, in addition, comply
with the performance and/or consumption guarantees specified under the Contract. If, for
reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the
Supplier shall, at its discretion, either:

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

or

(b) pay liquidated damages to the Procuring Entity with respect to the failure to
meet the contractual guarantees. The rate of these liquidated damages shall be (_ ).
[The rate should be higher than the adjustment rate used in the Tender evaluation
under TDS 34.6(f)]

GCC 28.5, The period for repair or replacement shall be: [insert number(s)] days.
GCC
28.6
GCC 33.6 If the value engineering proposal is approved by the Procuring Entity the amount to be
paid to the Supplier shall be % (insert appropriate percentage.
The percentage is normally up to 50%) of the reduction in the Contract Price.

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 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.

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 FORM No. 1: NOTIFICATION OF INTENTION TO AWARD
This Notification of Intention to Award shall be sent to each Tenderer that submitted a Tender. Send this
Notification to the Tenderer's Authorized Representative named in the Tender Information Form on the
format below.

FORMAT

1. For the attention of Tenderer's Authorized Representative

I) Name: [insert Authorized Representative's name]

ii) Address: [insert Authorized Representative's Address]

iii) Telephone: [insert Authorized Representative's telephone/fax numbers]

iv) Email Address: [insert Authorized Representative's email address]

[IMPORTANT: insert the date that this Notification is transmitted to Tenderers. The Notification must be
sent to all Tenderers simultaneously. This means on the same date and as close to the same time as
possible.]

2. Date of transmission: [email] on [date] (local time)

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

I) Employer: [insert the name of the Employer]

ii) Project: [insert name of project]

iii) Contract title: [insert the name of the contract]

iv) Country: [insert country where ITT is issued]

v) ITT No: [insert ITT reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the
above contract. The transmission of this Notification begins the Standstill Period. During the Standstill
Period, you may:

4. Request a debriefing in relation to the evaluation of your tender

Submit a Procurement-related Complaint in relation to the decision to award the contract.

a) The successful tenderer

i) Name of successful Tender

ii) Address of the successful Tender

iii) Contract price of the successful Tender Kenya Shillings (in words
)

b) Other Tenderers

Names of all Tenderers that submitted a Tender. If the Tender's price was evaluated include the
evaluated price as well as the Tender price as read out. For Tenders not evaluated, give one

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 main reason the Tender was unsuccessful.

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

(Note a) State NE if not evaluated

5. How to request a debriefing

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

6. How to make a complaint

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

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 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 Notificationof
Intention to Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Employer:

Signature:
Name
Title/position:

Telephone:

Email:

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 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

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 FORM NO. 3 LETTER OF AWARD
[Use letter head paper of the Procuring Entity]
[Date]
To: [name and address of the Supplier]

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

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

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

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

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 FORM NO. 4 - CONTRACT AGREEMENT
[The successful tenderer shall fill in this form in accordance with the instructions indicated]
THIS AGREEMENT made the [insert: number] day of [insert: month] , [insert:
year] . BETWEEN (1) [insert complete name of Procuring Entity and having
its principal place of business at [insert: address of Procuring Entity] (hereinafter called “Procuring
Entity”), of the one part; and (2) [insert name of Supplier] , a corporation incorporated under the
laws of [insert: country of Supplier] and having its principal place of business at [insert: address of
Supplier] (hereinafter called “the Supplier”), of the other part.

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

i) In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.

ii) The following documents shall be deemed to form and be read and construed as part ofthis
Agreement. This Agreement shall prevail over all other contract documents.
a) the Letter of Acceptance
b) the Letter of Tender
c) the Addenda Nos. (if any)
d) Special Conditions of Contract
e) General Conditions of Contract
f) the Specification (including Schedule of Requirements and Technical Specifications)
g) the completed Schedules (including Price Schedules)
h) any other document listed in GCC as forming part of the Contract

iii) In consideration of the payments to be made by the Procuring Entity to the Supplier as specified in
this Agreement, the Supplier hereby covenants with the Procuring Entity to provide the Goods and
Services and to remedy defects therein in conformity in all respects with the provisions of the
Contract.

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

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

For and on behalf of the Procuring Entity

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation] In the presence of
[insert identification of official witness] For and on behalf of the Supplier
Signed: [insert signature of authorized representative(s) of the Supplier] in the capacity of
[insert title or other appropriate designation] in the presence of
[insert identification of official witness]

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 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 ter called "the Contractor") has

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

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

performance guarantee is required.

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

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

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

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

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

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

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

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

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

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

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

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 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

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 FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank
Guarantee]
[Guarantor letterhead]
[Insert
Beneficiary:
name and Address of Employer]
Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference

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

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

(hereinafter called "the Contract").

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

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

(a) has used the advance payment for purposes other than the costs of mobilization in respect of the goods; or
(b) has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount
which the Applicant has failed to repay.

4. A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from
the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Contractor on
its account number at -------------------------------- --.

5. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment
repaid by the Contractor as specified in copies of interim statements or payment certificates which shall be presented
to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate
indicating that ninety (90) percent of the Accepted Contract Amount, less provisional sums, has been certified for
payment, or on the day of , 2 ,2 whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us at this office on or before that
date.

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

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

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

1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency of
the advance payment as specified in the Contract.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of the
time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor.
Such request must be in writing and must be made prior to the expiration date established in the guarantee.

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 FORM NO. 8 BENEFICIAL OWNERSHIP DISCLOSURE FORM
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

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

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

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

Tender Reference No.: [insert identification

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

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

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

Details of beneficial ownership

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

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

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

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

- --------- % …….% of voting to appoint a significant
National identity majority of the influence or

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

3.

e.t
.c

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

(a) holds at least ten percent of the issued shares in the company either directly or indirectly;
(b) exercises at least ten percent of the voting rights in the company either directly or indirectly;
(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or
(d) exercises significant influence or control, directly or indirectly, over the company.
IV) What is stated to herein above is true to the best of my knowledge, information and belief.

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

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

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 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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