REPUBLIC OF KENYA

PARLIAMENT OF KENYA
THE NATIONAL ASSEMBLY

SUPPLY AND DELIVERY OF BRAND-NEW OFFICE FURNITURE

TENDER No. NA/OT/013/2024-2025

The Clerk of the National Assembly,

P. O. Box 41842-00200
NAIROBI
[email protected]
[email protected]

CLOSING DATE: FRIDAY, 14TH MARCH 2025 AT 11.00AM

FEBRUARY 2025
 TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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34 Comparison of Tenders ................................................................................................................ 14
35 Abnormally Low Tenders ............................................................................................................ 14
36. Abnormally High Tenders ............................................................................................................ 14

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

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

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

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

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

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

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

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

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

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

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

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

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

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 INVITATION TO TENDER
PROCURING ENTITY: THE NATIONAL ASSEMBLY
CONTRACT NAME AND DESCRIPTION: SUPPLY AND DELIVERY OF BRAND NEW
OFFICE FURNITURE
REF No: NA/OT/013/2024-2025

1. The National Assembly invites sealed tenders for the supply and delivery of brand new office
furniture.

2. Tendering will be conducted under open national tender method using this standardized tender
document. Tendering is open to all qualified and interested Tender.

3. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents during office hours, 0800 to 1700 hours at the address given below.

4. A complete set of tender documents may be purchased or obtained by interested tenders upon
payment of non-refundable fees of Kenya shillings One thousand in cash or Banker's Cheque and
payable to the address given below. Tender documents may be obtained electronically from the
Website www.parliament.go.ke or the PPIP portal www.tenders.go.ke Tender documents obtained
electronically will be free of charge.

5. Tender documents may be viewed and downloaded for free from the website
www.parliament.go.ke Tenderers who download the tender document must forward their
particulars immediately to [email protected] to facilitate any further
clarification or addendum.

6. All Tenders must be accompanied by an original tender security of Kshs. 500,000.00 (Kenya
Shilling two Hundred Thousand Only) in the form of Unconditional Bank Guarantee from a bank
licensed and operating in Kenya or an Insurance Company approved by Insurance Regulatory
Authority (IRA) and listed by Public Procurement Regulatory Authority (PPRA), valid for thirty
(30) days beyond the validity of the tender (154 days) shall be submitted by prospective bidders.
This shall be in the format provided in the tender document.

7. Completed tenders must be delivered to the address below on or before 14th March 2025 at 11.00
am EAT.

8. Electronic Tenders will not be permitted.

9. The Tenderer shall be chronologically paginated or serialize all pages of the tender documents
submitted.

10. Tenders will be opened immediately after the deadline date and time specified above or any dead
line date and time specified later. Tenders will be publicly opened in the presence of the
Tenderers' designated representatives who choose to attend at the address below.

11. Late tenders will be rejected.

12. The addresses referred to above are:

a. Address for obtaining further information and for purchasing tender documents

i. The National Assembly

ii. Physical address for hand Courier Delivery to an office or Tender Box (Protection House,
13th Floor, at the junction of Parliament Road and Haile Selassie Avenue, Nairobi)

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 iii. P.O BOX 41842-00100 Nairobi.
iv. Clerk, The National Assembly, [email protected], [email protected]
b. Address for Submission of Tenders.
i. Name of Procuring Entity: The National Assembly
ii. Postal Address: P.O BOX 41842-00100 Nairobi
iii. Physical address for hand Courier Delivery to an office or Tender Box (Protection
House, 13th Floor, at the junction of Parliament Road and Haile Selassie Avenue,
Nairobi)

c. Address for Opening of Tenders.

i. Name of Procuring Entity: The National Assembly
ii. Physical address for the location (Protection House, 13th Floor, at the junction of
Parliament Road and Haile Selassie Avenue, Nairobi)

THE CLERK OF THE NATIONAL ASSEMBLY

27th February 2025

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

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

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

3. Eligible Tenderers

3.1 A Tenderer may be a firm that is a private entity, an individual, a state-owned enterprise or institution
subject to ITT3.7, or any combination of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a letter of intent.
Public employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts)
are not eligible to participate in the tender.
In the case of a joint venture, all members shall be jointly and severally liable for the execution of
the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative
who shall have the authority to conduct all business for and on behalf of any and all the members
of the JV during the Tendering process and, in the event the JV is awarded the Contract, during
contract execution. The maximum number of JV members shall be specified in the TDS.

3.2 Public Officers of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child, Parent,
Brother or Sister of a Spouse their business associates or agents and firms/organizations in which
they have a substantial or controlling interest shall not be eligible to tender or be awarded a contract.
Public Officers are also not allowed to participate in any procurement proceedings.

3.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of interest shall
be disqualified. A Tenderer may be considered to have a conflict of interest for the purpose of this

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

8
 to provide consulting services for the preparation of the design, specifications, and other documents
to be used for the procurement of the goods under this Invitation for tenders.

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

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

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

4. Eligible Goods and Related Services

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

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

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

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

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

5. Sections of Tendering Document

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

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.

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C. Preparation of Tenders

8. Cost of Tendering

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

9. Language of Tender

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

10. Documents Comprising the Tender

10.1 The Tender shall comprise the following:

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

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

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

11. Form of Tender and Price Schedules

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

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

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

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

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

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

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

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

iii) any sales and other taxes levied in Kenya which will be payable on the Goods if the
Contract is awarded to the Tenderer; and

12
 iv) the price for inland transportation, insurance, and other local services required to convey
the Goods from the named place of destination to their final destination (Project Site)
specified in the TDS.

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

14. Currencies of Tender and Payment

14.1 The currency (ies) of the Tender, the currency (ies) of award and the currency (ies) of contract
payments shall be the same.
14.2 The Tenderer shall quote in Kenya shillings. If allowed in the TDS, the Tenderer may express the
Tender price in any currency, provided it shall use no more than two foreign currencies in addition
to the Kenya Shilling.
14.3 The rates of exchange to be used by the Tenderer shall be based on the exchange rates provided by
the Central Bank of Kenya on the date 30 days prior to the actual date of tender opening.

15. Documents Establishing the Eligibility and Conformity of the Goods and Related Services

15.1 To establish the eligibility of the Goods and Related Services in accordance with ITT 15, Tenderers
shall complete the country of origin declarations in the Price Schedule Forms, included in Section
IV, Tendering Forms.
15.2 To establish the conformity of the Goods and Related Services to the tendering document, the
Tenderer shall furnish as part of its Tender the documentary evidence that the Goods conform to the
technical specifications and standards specified in Section VII, Schedule of Requirements.
15.3 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a
detailed item by item description of the essential technical and performance characteristics of the
Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related
Services to the technical specification, and if applicable, a statement of deviations and exceptions to
the provisions of the Section VII, Schedule of Requirements.
15.4 The Tenderer shall also furnish a list giving full particulars, including available sources and current
prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the
Goods during the period specified in the TDS following commencement of the use of the goods by
the Procuring Entity.
15.5 Standards for workmanship, process, material, and equipment, as well as references to 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.

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17. Period of Validity of Tenders

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

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

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

18. Tender Security

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

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

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

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

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

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

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

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

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

d. Submission and Opening of Tenders

20 Sealing and Marking of Tenders

20.1 Depending on the sizes or quantities or weight of the tender documents, a tenderer may use an envelope,
package or container. The Tenderer shall deliver the Tender in a single sealed envelope, or in a single sealed
package, or in a single sealed container bearing the name and Reference number of the Tender, addressed to
the Procuring Entity and a warning not to open before the time and date for Tender opening date. Within the
single envelope, package or container, the Tenderer shall place the following separate, sealed envelopes:
a) in an envelope or package or container marked “ORIGINAL”, all documents comprising the Tender,
as described in ITT 11; and
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.
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 c) Ensure all tenders received are handed over to the tender opening committee for opening at the
specified opening place and time.

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

21. Deadline for Submission of Tenders

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

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

22. Late Tenders

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

23. Withdrawal, Substitution, and Modification of Tenders

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

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

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

24. Tender Opening

24.1 Except as in the cases specified in ITT 23, the Procuring Entity shall, at the Tender opening, publicly
open and read out all Tenders received by the deadline at the date, time and place specified in the
TDS in the presence of Tenderers' designated representatives who choose to attend, including to
attend any specific electronic tender opening procedures if electronic tendering is permitted in
accordance with ITT 21.1, shall be as specified in the TDS.
24.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the
corresponding Tender shall not be opened, but returned to the Tenderer. If the withdrawal envelope does not
contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on
behalf of the Tenderer, the corresponding Tender will be opened. No Tender withdrawal shall be permitted
unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is
read out at Tender opening.
24.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the
corresponding Tender being substituted, and the substituted Tender shall not be opened, but returned to the
Tenderer. No Tender substitution shall be permitted unless the corresponding substitution notice contains a
valid authorization to request the substitution and is read out at Tender opening.
24.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Tender.
16
 No Tender modification shall be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at Tender opening.

24.5 Next, all remaining envelopes shall be opened one at a time, reading out: the name of the Tenderer and
whether there is a modification; the total Tender Prices, per lot (contract) if applicable, including any discounts
and alternative Tenders; the presence or absence of a Tender Security, if required; and any other details as the
Procuring Entity may consider appropriate.
24.6 Only Tenders, alternative Tenders and discounts that are opened and read out at Tender opening shall be
considered further for evaluation. The Form of Tender and pages of the Bills of Quantities are to be initialed
by the members of the tender opening committee attending the opening. The number of representatives of the
Procuring Entity to sign shall be specified in the TDS.
24.7 The Procuring Entity shall neither discuss the merits of any Tender nor reject any Tender (except for late
Tenders, in accordance with ITT 22.1).

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

17
 b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the
requirements specified in the tendering document; and
c) “Omission” is the failure to submit part or all of the information or documentation required in the
tendering document.

28. Determination of Responsiveness

28.1 The Procuring Entity’s determination of a Tender’s responsiveness is to be based on the contents of the Tender
itself, as defined in ITT28.2.

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

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

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

29. Non-conformities, Errors and Omissions

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

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

29.3 Provided that a Tender is substantially responsive, the Procuring Entity shall rectify quantifiable nonmaterial
non-conformities related to the Tender Price. To this effect, the Tender Price shall be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item or component in the manner specified
in the TDS. The adjustment shall be based on the average price of the item or component as quoted in other
substantially responsive Tenders. If the price of the item or component cannot be derived from the price of
other substantially responsive Tenders, the Procuring Entity shall use its best estimate.
30. Arithmetical Errors
30.1 The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not
be the subject of correction, adjustment or amendment in any way by any person or entity.

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

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

31. Conversion to Single Currency

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

32. Margin of Preference and Reservations

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

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

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

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

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

33. Evaluation of Tenders

33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation
and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the
criteria and methodologies, the Procuring Entity shall determine the Lowest Evaluated Tender. This is the
Tender of the Tenderer that meets the qualification criteria and whose Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) the lowest evaluated price.

33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender Price as
quoted in accordance with ITT 14. To evaluate a Tender, the Procuring Entity shall consider the following:
a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in
accordance with ITT 31;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 29.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification
Criteria.

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

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

19
 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 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

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

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

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

38. Lowest Evaluated Tender

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

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

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

F. Award of Contract
40. Award Criteria

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

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

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

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

43. Standstill Period

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

21
43.2 Where standstill period applies, it shall commence when the Procuring Entity has transmitted to each
Tenderer the Notification of Intention to Enter into a Contract to the successful Tenderer.

44. Debriefing by the Procuring Entity

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

44.2 Debriefings of unsuccessful Tenderers may be done in writing or verbally. The Tenderer shall bear its own
costs of attending such a debriefing meeting.

45. Letter of Award

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

46. Signing of Contract

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

47. Performance Security

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

48. Publication of Procurement Contract

48.1 Within fourteen days after signing the contract, the Procuring Entity shall publish and publicize the awarded
contract at its notice boards, entity website; and on the Website of the Authority in manner and format
prescribed by the Authority. At the minimum, the notice shall contain the following information:

a) name and address of the Procuring Entity;

b) name and reference number of the contract being awarded, a summary of its scope and the selection
method used;
c) the name of the successful Tenderer, the final total contract price, the contract duration.
d) dates of signature, commencement and completion of contract;
e) names of all Tenderers that submitted Tenders, and their Tender prices as read out at Tender opening;

49. Procurement Related Complaints and Administrative Review

22
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.

23
 SECTION II – TENDER DATA SHEET (TDS)

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

ITT Particulars of Appendix to Instructions to Tenders

Reference
A. General
ITT 1.1 The reference number of the Invitation for Tenders is: NA/0T/013/2024-2025
The Procuring Entity is: The National Assembly
The name of the Contract is: SUPPLY AND DELIVERY OF BRAND NEW
OFFICE FURNITURE
The number and identification of lots (contracts) comprising this Invitation for
Tenders is: Not Applicable
ITT 1.2(a) Electronic Procurement is not applicable.

Tender document can be accessed through the parliamentary website parliament.go.ke

and tenders.go.ke.

Physical tender document shall be submitted as specified under ITT 21.1

ITT 2.3 The Information made available on competing firms is as follows: There is no
information available on competing firms
The firms that provided consulting services for the contract being tendered for are:
There is no firm offering consultancy services
ITT 3.1 Maximum number of members in the Joint Venture (JV) shall be; Not applicable
A tenderer may be a firm that is a private entity, an individual, a state-owned
enterprise or institution.
ITT 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. 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 registered with: Not applicable
B. Contents of Tendering Document
ITT 6.1 a) Address where to send enquiries is P.O BOX 41842-00100 Nairobi,
[email protected] to reach the Procuring Entity not later than 7th
March 2025 at 11.00am EAT

b) The Procuring Entity shall publish its response at the website,

www.parliament.go.ke
ITT 6.2 A mandatory pre-tender conference will be held on 6th March 2025 at 11 am on 13th Floor
Protection House, Along Parliament Road
ITT 6.3 The questions to reach the Procuring Entity not later than on or before three days to
tender closing date.
ITT 6.5 The Minutes of the Pre-Tender meeting shall be published on the website:
www.parliament.go.ke

C. Preparation of Tenders
ITT 10 (j) The Tenderer shall submit the following additional documents in its tender: As shall
be specified in the evaluation criteria.

24
ITT Particulars of Appendix to Instructions to Tenders
Reference
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 100 percent of the
items specified for each lot (contract).
Prices quoted for each item of a lot shall correspond at least to 100 percent of the
quantities specified for this item of a lot.
ITT 13.8(a) Place of final destination: Imani House 3rd floor, Along Parliament Road
(i) and (iii) Final Destination (Project Site): Imani House 3rd floor, Along Parliament Road

ITT 13.8 (b) Named place of destination, in Kenya is Imani House 3rd floor, Along Parliament
(i) Road, Nairobi.
ITT 13.8 The price for inland transportation, insurance, and other local services required to
(b) (ii) convey the Goods from the named place of destination to their final destination which
is; Imani House 3rd floor, Along Parliament Road, Nairobi will be met by the
tenderer.
13.8 (c) (iv) The place of final destination (Project Site) is Imani House, Along Parliament Road
ITT 14.2 The tenderer shall quote the price in Kenya Shillings Only.
Foreign currency requirements are not allowed.
ITT 15.4 Period of time the Goods are expected to be functioning (for the purpose of spare
parts): Not applicable
ITT 16.2(a) Manufacturer’s authorization is not required.

ITT 16.2(b) After sales service is REQUIRED.

ITT 17.1 The Tender validity period shall be 154 days.
ITT 17.3 a) The Number of days beyond the expiry of the initial tender validity period will be
30 days.
b) The Tender price shall be adjusted by the following percentages of the tender
price:
(i) By 0% of the local currency portion of the Contract price adjusted to reflect
local inflation during the period of extension, and
(ii) By 0% the foreign currency portion of the Contract price adjusted to reflect the
international inflation during the period of extension.
ITT 18.1 A Tender Security shall be required.
A Tender-Securing Declaration shall not be required.

The amount and currency of the Tender Security shall be Kshs. 500,000.00 (Kenya
Shilling Five Hundred Thousand Only) in form of a Bank guarantee from a bank
licensed and operating in Kenya or an insurance Company approved by Insurance
Regulatory Authority (IRA) and listed by Public Procurement Regulatory Authority
(PPRA), valid for thirty (30) days beyond the validity of the tender (154 days) shall
be submitted by prospective bidders. This shall be in the format provided in the tender
document.
ITT 19.1 Prepare One original of the document comprising of the tender clearly marked
‘ORIGINAL’ and in addition submit one copy of the tender document clearly marked
‘COPY’.

Alternative tenders not allowed.

25
ITT Particulars of Appendix to Instructions to Tenders
Reference
ITT 19.3 The written confirmation of authorization to sign on behalf of the tenderer shall
consist of: A sworn affidavit by commissioner of oaths of the representative to be
signing documents on behalf of the tenderer.
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:

Chief Procurement Officer

The National Assembly
P.O BOX 41842-00100 Nairobi
13th Floor, Protection House
ITT 21.1 For Tender submission purposes only, the Procuring Entity’s address is:

The Clerk of the National Assembly,

Parliament of Kenya,
P. O. Box 41842-00200
NAIROBI

Attention to:
Chief Procurement Officer (National Assembly)
13th Floor Protection House

The deadline for Tender submission is:

Date: 14th March 2025

Time: 11.00am EAT

Tenderers shall not have the option of submitting their tenders electronically.
ITT 24.1 The Tender opening shall take place at:

The National Assembly

P.O BOX 41842-00100 Nairobi
13th Floor Protection House

Date: 14th March 2025

Time: 11.00am EAT
ITT 24.6 The number of representatives of the Procuring Entity to sign is at least 3
representatives of the Procuring Entity conducting tender opening.
E. Evaluation and Comparison of Tenders
ITT 29.3 The manner of rectify quantifiable nonmaterial nonconformities described below: No
manner of rectification shall be allowed.
ITT 31.1 The currency that shall be used for Tender evaluation and comparison purposes only
to convert at the selling exchange rate all Tender prices expressed in various
currencies into a single currency is: Kenya Shillings
The source of exchange rate shall be: The Central bank of Kenya

The date for the exchange rate shall be: the deadline date for Submission of the
Tenders.

26
ITT Particulars of Appendix to Instructions to Tenders
Reference
ITT 32.3 A margin of preference and/or reservation shall not apply.
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; Shall not apply
ITT 33.2 Price evaluation will be done for all items in the price schedule.

ITT 33.2 Additional evaluation factors shall not be applicable.

(d)
ITT 33.6 As per Section III – Evaluation and Qualification Criteria.

F. Award of Contract
ITT 41.1 The maximum percentage by which quantities may be increased is: 25%
The maximum percentage by which quantities may be decreased is: Unlimited.

The National Assembly reserves the right to reduce quantities in accordance with Reg.
78 (4)(f) of PPADR 2020.
The Procuring Entity reserves the right to increase or decrease the quantity of Goods
and Related Services 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 10% of the contract price
before signing of the contract.
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.

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

submit its complaint following these procedures, in writing (by the quickest means
available, that is either by email or fax), to:

Director General,
Public Procurement and Regulatory Authority,
[email protected], [email protected]

In summary, a Procurement-related Complaint may challenge any of the following:

1. The terms of the Tendering Documents; and
2. The Procuring Entity’s decision to award the contract.

27
 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 shall use to evaluate tender and qualify
tenderers. No other factors, methods or criteria shall be used other than those specified in this
tender document. The Tenderer shall provide all the information requested in the forms included
in Section IV, Tendering Forms. The Procuring Entity should use the Standard Tender
Evaluation Report for Goods and Works for evaluating Tenders.

2. Evaluation of Tenders (ITT 33)

2.1 Successful Tender or Tenders

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

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.

PRICE EVALUATION

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

2.2.1 Evaluation of Technical aspects of the Tender

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

2.2.2 Evaluation of Commercial Terms and Conditions of the Tender (ITT 33.1(a)):

The Procuring Entity shall determine whether the Tenders are substantially responsive to the
28
 Commercial and Contractual Terms and Conditions (e.g. Performance securities, Payment and
delivery schedules)

2.2.3 Evaluation Criteria (Other Factors) (ITT 33.6)

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

a) Delivery schedule.

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

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

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

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

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

or

The Procuring Entity will draw up a list of high-usage and high-value items of
components and spare parts, along with estimated quantities of usage in the initial
period of operation specified in the TDS 15.4. The total cost of these items and
quantities will be computed from spare parts unit prices submitted by the tenderer and
added to the Tender price, for evaluation purposes only.
or
Tenderer shall provide along with its Tender, the list of recommended spare parts for
Goods offered indicating for each item of spare part the recommended quantity and
unit, and total CIP final destination prices required during the initial period of operation
specified in the TDS 15.4. The prices offered shall not exceed the prevailing prices
charged to other parties by the Tenderer. The cost of such spare parts will not be

29
 considered for tender evaluation. The Procuring Entity may award the contract for
spare parts to the Tenderer that is successful for the supply of Goods, by selecting at its
option, from the Tender’s list of recommended spare parts, such items and quantities
against each as the Procuring Entity may deem appropriate at the unit prices indicated
by the Tenderer but not exceeding ----% (present) of the cost of Goods [normally not
more than 10% or 15%.]

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

An adjustment equal to the cost to the Procuring Entity of establishing the minimum
service facilities and parts inventories if quoted separately, shall be added to the Tender
price, for evaluation purposes only.

e) Life Cycle Costs

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

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

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

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

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

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

30
 productivity of goods offered in the Tender with respect to minimum required
values, using the methodology specified below.

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

g) Specific additional criteria

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

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

2.2.4. Multiple Contracts (ITT 33.4)

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

OPTION 1

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

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

OPTION 2

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

2.2.5. Alternative Tenders

(ITT 13.1) An alternative if permitted under ITT 13.1, will be evaluated as follows: [insert one
of the following]

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

3. MARGIN OF PREFERENCE
31
3.1 If the TDS so specifies, the Procuring Entity will grant a margin of preference of 15% (fifteen
percent) to Tenderers offering goods manufactured, mined, extracted, grown, assembled or semi-
processed in Kenya. Goods assembled or semi-processed in Kenya shall have a local content of
not less than 40%.

3.2 The margin of preference will be applied in accordance with, and subject to, the following
provisions:
a) Tenderers applying for such preference on goods offered shall provide, as part of
the data for qualification, such information, including details of the goods produced
in Kenya, so as to determine whether, according to the classification established by
the Procuring Entity, a particular category of goods or group of goods qualifies for
a margin of preference.
b) After Tenders have been received and reviewed by the Procuring Entity, goods
offered in the responsive Tenders shall be assessed to ascertain they are
manufactured, mined, extracted, grown, assembled or semi- processed in Kenya.
Responsive tenders shall be classified into the following groups:

i) Group A: Tenders offering goods manufactured in Kenya, for which

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

4. Post-Qualification of Tenderers (ITT 37)

4.1 Post-Qualification Criteria (ITT 37.1)

In case the tender was not subject to pre-qualification, the tender that has been determined
to be the lowest evaluated tenderer shall be considered for contract award, subject to
meeting each of the following conditions (post qualification Criteria applied on a GO/NO

32
 GO basis). The Procuring Entity shall carry out the post- qualification of the Tenderer
in accordance with ITT 37, using only the requirements specified herein. Requirements
not included in the text below shall not be used in the evaluation of the Tenderer's
qualifications. The minimum qualification requirements for multiple contracts will be the
sum of the minimum requirements for respective individual contracts, unless otherwise
specified.

4.2 If the Tenderer is a manufacturer

a) Financial Capability
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent
of any contractual advance payment) sufficient to meet the supply cash flow of
Kenya Shillings [or equivalent].
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount, specify a figure about 2.5 times the total Tender price)] or equivalent
calculated as total certified payments received for contracts of goods manufactured
and supplied within the last [insert number of years). In case of multiple
contracts, limitation will be placed on the number of item(s) that will be awarded
to the Tenderer.

b) Experience and Technical Capacity

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

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

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

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

4.3 If Tenderer is a Supplier:

33
 If a Tenderer is a Supplier offering the Goods on behalf of or from a Manufacturer
under Manufacturer's Authorization Form (Section IV, Tendering Forms), the Manufacturer
shall demonstrate the above qualifications 4.2 (b) (i), (ii), and (iii) and the Tenderer shall
demonstrate it meets the following criteria.
i) The Tenderer shall demonstrate that it has access to, or has available, liquid assets,
unencumbered real assets, lines of credit, and other financial means (independent of
any contractual advance payment) sufficient to meet the supply cash flow of Kenya
Shillings _______
ii) Minimum average annual supply turnover of Kenya Shillings [insert
amount] or equivalent calculated as total certified payments received for contracts
in progress and/or completed within the last [insert of year] years, divided by
[insert number of years] years.
iii) Has satisfactorily and substantially completed at least (specify number) contract(s)
of a similar nature either within Kenya, the East African Community or abroad, as
a prime supplier or a joint venture member, each of a minimum value in Kenya
shillings equivalent.

4.4 History of non-performing contracts:

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

4.5 Pending Litigation

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

4.6 Litigation History

There shall be no consistent history of court/arbitral award decisions against the Tenderer,
in the last________(specify years). All parties to the contract shall furnish the information
on the related Form (CON-2) about any litigation or arbitration resulting from contracts
completed or ongoing under its execution over the years specified. A consistent history of
awards against the Tenderer or any member of a JV may result in rejection of the tender

34
 A) PRELIMINARY REQUIREMENTS (MANDATORY)

Preliminary requirement
No. Documents to be submitted Yes/No
1) A Copy of Certificate of Incorporation/Registration
2) A Copy of a Valid Tax Compliance Certificate from Kenya revenue Authority valid for at
least up to the Tender Closing date. This will be verified online through KRA TCC checker.
3) Copy of CR12 for limited companies issued within the last 6 months, or National Identification
Card/Passport for Sole Proprietor and partnership.
4) Attach valid Certified Copy of the following Licenses; Current City, municipal or County
Council trade license or business permit
5) Attach a detailed brochure for the item to be supplied.
6) Original copy of Tender security of Kshs 500,000.00 in form of a Bank guarantee from a bank
licensed and operating in Kenya or an insurance Company approved by Insurance Regulatory
Authority (IRA) and listed by Public Procurement Regulatory Authority (PPRA), valid for
thirty (30) days beyond the validity of the tender (154 days) shall be submitted by prospective
bidders. This shall be in the format provided in the tender document.
7) Duly filled, signed and stamped Form of Tender
8) Duly filled, signed and Price Schedule form
9) Certified credit line of reference letter from the tenderers bank indicating access to at least Kshs.
20 Million
10) Duly filled, signed and stamped Confidential Business Questionnaire form.

11) Duly filled, signed and stamped Certificate of Independent Tender Determination Form.

12) Duly filled, signed and stamped Declaration and Commitment to the Code of Ethics Form.

13) Duly filled, signed and stamped Delivery Schedule Form.

14) Duly filled, signed and stamped Self-declaration Form SD1.

15) Duly filled, signed and stamped Self-declaration Form SD2.
16) Provide A Written Power of Attorney authorizing the signatory of the tender to commit the
Tenderer certified by a commissioner for oath and signed by all directors/ shareholders.
17) The tender document MUST BE properly bound and well-presented. All pages of the tender
document should be initialized and serialized (each page of the tender submission must have
a number, and the numbers must be in chronological order to the last page). For pagination,
the number system to be used are numerical numbers, i.e., 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 …n (where
n is the last page number). Provide One original and One copy of Tender document properly
bound.
RESPONSIVENESS
Note:
i) Tenderers have to meet all the mandatory requirements to proceed for Technical Evaluation.
ii) Tenderers documents to be serialized/paginated.
iii) National Assembly reserves the right to carry out due diligence. Any false information
provided will lead to automatic disqualification.

35
 B) TECHNICAL EVALUATION REQUIREMENT

Technical Compliance evaluation

The following requirements are mandatory. Bidders MUST respond to each requirement on the space provided
with a “Complied” if their solution meets the requirement or if they intend to comply with the requirement.
Bidders should respond with a “Not Complied” if their solution does not meet the requirement or if they do
not intend to comply with the requirement. A response of “Not Complied” to any of the requirements shall
disqualify the bidder and the firm will not be evaluated further. Where there is no response to any one or more
of the requirements, the bidder will be disqualified and shall not be evaluated further. Bidders MUST also
provide explanation of compliance with reference to the data sheets and brochures which MUST BE
ATTACHED and provide with specific page numbers. In case of inconsistency, the datasheet information
would take precedence.

1. MANDATORY TECHNICAL REQUIREMENT

No Specification Minimum Requirement Quantity Complied/ Remarks

Not
Complied
1. Wooden Product Name: Wooden Bookshelf 28 Pieces
Bookshelf Type: Freestanding
Style: Modern
Material: Solid wood (e.g., oak, pine, walnut,
maple), plywood, MDF (Medium Density
Fiberboard), or a combination of wood and
engineered wood.
Color/Finish: Natural wood finish, stained, painted,
lacquered or veneered.
Height: 2000 mm (59 inches) (customizable)
Width: 1000 mm (31 inches) (customizable)
Depth: 300 mm (12 inches) (customizable)
Shelf Spacing: fixed, typically 250 mm (10 inches)
between shelves.
Number of Shelves: 5-6, including the base shelf.
Weight: Approximately 25 kg (depending on size
and material).

2. Executive Product Name: Executive Coat Hanger 47 Pieces

Coat Hangers Type: Freestanding
Style: Modern.
Material: Solid wood, stainless steel, or
combination of wood and metal.
Color/Finish:Wood, Natural wood finish, dark
stain, Metal: Polished chrome, matte black, brushed
nickel, or gold-plated.
Overall Height: 1200 mm (47 inches) (standard
height for a standing coat hanger)
Width: 400–500 mm (16–20 inches) (depending on
the design and number of hooks)
Depth: 400–600 mm (16–24 inches) (front-to-back,
ensuring stability)

3. Executive General Dimensions 33 Pieces

chairs
• Overall Height: Typically between 40 to 48
inches (102 to 122 cm), adjustable
depending on the chair's gas lift mechanism.

36
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
• Seat Height: Adjustable, usually from 17 to
22 inches (43 to 56 cm) from the floor.
• Seat Depth: Typically around 18 to 22
inches (46 to 56 cm).
• Seat Width: Generally ranges from 20 to 24
inches (51 to 61 cm) for ample seating
space.
• Backrest Height: Around 24 to 30 inches
(61 to 76 cm) for full back support.
• Armrest Height: Adjustable from 24 to 30
inches (61 to 76 cm) from the seat.
• Seat Thickness: Approximately 3 to 5
inches (7.5 to 12.7 cm) for comfort and
durability.

Frame Material
• Base Material:
o Steel: Strong and durable, often
powder-coated for a sleek finish and
rust prevention.
• Construction:
o Metal Base: Solid steel or
aluminum base for structural
integrity and durability.

Upholstery Material

• Leather Type:
o Genuine Leather: Full-grain or top-
grain leather is commonly used for
premium executive chairs due to its
luxurious feel, durability, and
natural aging characteristics.
• Leather Finish:
o Top-Grain Leather: Durable,
smooth leather that is commonly
used in executive chairs.

Cushioning & Seat Fillings

• Seat Cushion:
o Memory Foam: For more comfort,
offering contouring properties.
• Back Cushion:
o Memory Foam: Used for
ergonomic support, particularly in
the lumbar and headrest areas.

Mechanisms and Adjustability

• Gas Lift Mechanism:

o Height Adjustment: The gas lift
system allows for easy height

37
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
adjustment of the seat (usually 3-5
inches of range).
o Weight Capacity: To support users
of up to 250 to 350 lbs (113 to 159
kg), depending on design.
• Tilt Mechanism:
o Tension Control: Adjusts the
resistance of the chair's tilt to suit
the user's weight and preference.
o Reclining Mechanism: Allows
reclining back up to 120 to 150
degrees for relaxation or leaning
back during meetings. Can include a
lockable tilt function.
• Synchro-Tilt:
o The backrest and seat tilt in unison,
promoting a more ergonomic sitting
posture.
o Multi-Position Tilt Lock: Allows
users to lock the chair in different
reclining positions.

Armrests
• Adjustable Armrests: Adjustable armrests
that can be raised, lowered, or rotated to
ensure comfort and support for the forearms
and elbows.
• Material: Typically padded for comfort,
covered in leather.
• Width/Height Adjustment: Allows for
fine-tuning to match the user's body size and
desk height.

Legs and Base

• Base:
o 5-Star Base: A typical base design,
often made of metal (steel or
aluminum) for stability and
strength.
o Caster Wheels: Durable casters for
easy mobility, usually made of
nylon or rubber.
o Wheel Diameter: Typically
between 2 to 3 inches (5 to 7.5 cm)
for smooth rolling.
• Swivel Function: Allows the chair to rotate
a full 360 degrees for flexibility in
movement and ease of access to different
parts of the desk.

Ergonomic Features

38
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
• Lumbar Support: Adjustable lumbar
support (either built-in or with a manual
dial) helps to maintain the natural curve of
the spine and reduce back strain during long
hours of sitting.
• Seat Tilt and Tension: Allows for reclining
at a controlled angle with adjustable
resistance to provide comfortable postures
for prolonged sitting.
• Posture Control: Aimed at ensuring the
user sits with proper spinal alignment,
reducing discomfort and fatigue.

4. Executive Product Name: Executive Desk 17 Pieces

Desks Type: Freestanding desk, modular system, or corner
desk (L-shaped or U-shaped)
Style: Modern,
Material:
Primary Materials: Solid wood (e.g., mahogany,
walnut, cherry, maple, oak)
Secondary Materials: Leather inlays, polished
stone, or tempered glass surfaces.
Color/Finish:
Wood: Natural, dark stain (e.g., mahogany, walnut),
matte, or high-gloss lacquered finish.
Leather: Brown, black, or custom colors for added
elegance.
Glass: Clear, frosted, or tinted tempered glass.
Width: Typically 1600 mm to 2200 mm (63–87
inches) for standard executive desks.
Depth: 800 mm to 1000 mm (31–39 inches),
depending on desk layout and functionality.
Height: Typically 750 mm to 800 mm (29–31 inches)
– standard desk height.
Leg Height (Under-desk Clearance): 650 mm to
700 mm (26–28 inches), providing enough space for
a chair and legroom.
Desk Surface Area: Large enough to comfortably
accommodate a computer, paperwork, and office
accessories (typically 1.5–2 square meters of
workspace).
5. Fireproof Product Name: Fireproof Filing Cabinet 14 Pieces
Filing Type: Vertical 4 drawers
Cabinets Fire Rating: Typically ranges from 1 hour to 2
hours fire resistance at temperatures up to 1700°F
(927°C).
Water Resistance: Designed to withstand water
damage from sprinklers, fire hoses, or flooding
(optional).
UL (Underwriters Laboratories) Certification: UL
72 or UL Classified (indicates compliance with fire
resistance standards).
Dimensions:
Width:
Vertical Models: 450–500 mm (17.7–19.7 inches)
per drawer.
Lateral Models: 800–1000 mm (31–39 inches) per
39
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
drawer.
Height:
2-Drawer Model: 710–800 mm (28–31 inches).
3-Drawer Model: 1050–1150 mm (41–45 inches).
4-Drawer Model: 1400–1500 mm (55–59 inches).
Depth:
Standard Depth: 500–600 mm (19.7–23.6 inches).
Extra-Deep Models: 650–800 mm (25.6–31.5
inches).
Construction & Material:
Frame Material:
Steel Construction: Typically made from high-
gauge, fire-resistant steel, treated to withstand
extreme heat.
Fireproof Insulation: High-density ceramic-based
fireproof insulation or intumescent materials to resist
fire penetration.
Coating: Powder-coated or baked enamel finish for
corrosion resistance and durability.
Fireproof Lining:
Fireproof Insulation Material: Proprietary material,
often a mix of gypsum, mineral compounds, and
fiberglass for maximum heat resistance.
Heat-Resistant Sealant: Sealed with heat-activated
gaskets to prevent fire, smoke, and water from
entering.
Drawer Material:
Heavy-duty steel drawer construction with fire-
resistant insulation, ensuring no melting or warping
during high-heat exposure.
Base Structure:
Reinforced with steel runners and ball bearing
slides for smooth, heavy-duty drawer operation even
under extreme conditions.

6. Lockable Still Product Name: Lockable Steel Cabinet 43 Pieces

Cabinets Type: Filing cabinet, storage cabinet, personal
storage locker, tool cabinet, or utility cabinet.
Material:
Primary Material: Steel (Cold-rolled steel, powder-
coated steel).
Secondary Material: Locking mechanisms, handles,
hinges, shelves (steel or metal), or wood inserts
(optional for aesthetic purposes).
Finish:
Powder-coated finish for rust resistance and
durability, with options for matte, semi-gloss, or high-
gloss finishes.
Available in various colors (commonly gray, black,
beige, or custom colors).

Dimensions:
Height:
Typically 900 mm – 2000 mm (35.4 – 78.7 inches)
depending on storage needs (small, medium, or large
cabinets).
Common height for office use: 1000 mm – 1500 mm

40
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
(39.4 – 59 inches).
Width:
Standard width: 400 mm – 1000 mm (15.7 – 39.4
inches), with wider cabinets offering more storage
space for documents, folders, or larger items.
Depth:
Standard Depth: 400 mm – 500 mm (15.7 – 19.7
inches) for most common models.
Extra Deep Models: 600 mm – 700 mm (23.6 – 27.6
inches) for larger, multi-purpose storage cabinets.
Shelves:
Number of Shelves: Typically 2 to 4 adjustable
shelves. Shelves are generally spaced at 300 mm –
400 mm (11.8 – 15.7 inches) intervals.
Weight Capacity per Shelf: Typically 20–50 kg
(44–110 lbs), depending on the size and construction.
7. Orthopedic Product Name: Orthopedic Chair (Ergonomic 42 Pieces
Chairs Chair, Posture Chair)

Type: Office chair, task chair, executive chair,

ergonomic chair, lumbar support chair, recliner.

Usage: Suitable for long hours of sitting (office,

gaming, study, or healthcare environments).

Materials:

Frame Material:

Steel (often powder-coated for durability and rust

resistance) or aluminum for lightweight yet sturdy
construction.

Plastic: High-density plastic for armrests, base, or

adjusters.

Wood: Some orthopedic chairs have wooden

armrests or accents for aesthetics and comfort.

Seat & Back Cushion Material:

Memory Foam: Commonly used for its ability to

contour to the body, offering personalized support.

High-Density Foam: Provides firm support while

retaining its shape.

Gel Cushions: Often combined with foam to

provide cooling and pressure relief.

Upholstery: Leather, faux leather, mesh, fabric, or

breathable material for comfort and longevity.

41
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Covering Material:

Fabric (Mesh or Textile): Breathable fabric for

comfort during extended periods of use.

Leather or Faux Leather: Premium options for a

more luxurious feel, easy to clean, and durable.

Vinyl or PVC: For more affordable, easy-to-

maintain seating options.

Dimensions:

Seat Height:

Adjustable Seat Height: Typically 400 mm – 550

mm (15.7 – 21.7 inches) from the ground to
accommodate various desk heights and user needs.

Seat Width:

Standard Seat Width: 450 mm – 550 mm (17.7 –

21.7 inches) for comfortable seating, ensuring
enough space for the hips and thighs.

Seat Depth:

Standard Depth: 400 mm – 500 mm (15.7 – 19.7

inches) for adequate thigh support without pressure
on the knees.

Backrest Height:

Standard Backrest Height: Typically 500 mm –

700 mm (19.7 – 27.6 inches) from seat level,
offering lumbar and mid-back support.

Backrest Width:

Backrest Width: Usually between 400 mm – 500

mm (15.7 – 19.7 inches) depending on design.

Armrest Height:

Adjustable Armrests: Typically range from 200

mm – 300 mm (7.9 – 11.8 inches) above seat height
for proper arm support.

Base Width:

42
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Base Diameter: 600 mm – 700 mm (23.6 – 27.6
inches) for stability, particularly in chairs with a 5-
point base (casters).
8. Sofa Set (6 A 6-seater leather sofa set that includes a central 13 Pieces
Seater) section (often with three seats) and two end sections
(with one or two seats each).

Dimensions:

Middle Section: 90" (L) x 40" (D) x 34" (H)

End Sections: 45" (L) x 40" (D) x 34" (H)

Frame: Solid oak wood or mahogany with

reinforced metal supports.

Upholstery: Top-grain leather in matte black or

Chestnut Brown with a soft, matte finish.

Cushion Fillings: High-density foam with pocket

coil springs in the seat cushions for optimal support.

Foam Backing: Foam-backed backrests for

additional support and longevity.

Armrest Padding: High-density foam or memory

foam for armrest padding to ensure comfort during
extended seating.

Stain Protection: Protective coating to help resist

stains.

Legs: Solid wood legs (e.g., walnut, oak,

mahogany) in traditional designs with Low-profile
or platform-style legs as short as 2 to 4 inches (5 to
10 cm).

Additional Features: Adjustable headrests, built-in

storage.

Firmness:

• Medium-Firm: A balanced firmness that is

comfortable for both sitting and lounging.

Reclining Mechanism: Either of;

• Manual Recliners: Pull lever or push-back

recline.
• Power Recliners: Powered by an electric motor
to adjust the position of the backrest and footrest
at the touch of a button.

43
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied

9. Visitors chairs • Design: Available as a freestanding chair 28 Pieces

with a fixed seat or modular, with an
emphasis on lightweight and easy mobility.

Dimensions

• Seat Width: Typically between 18 inches to

22 inches (standard for most adult sizes).
• Seat Depth: Typically between 16 inches to
20 inches for a comfortable fit.
• Seat Height: Ranges from 17 inches to 19
inches from the floor to the seat.
• Backrest Height: Usually around 16 inches
to 20 inches (higher backrests offer more
support).
• Overall Chair Height: Commonly between
32 inches to 36 inches.
• Armrest Height (if applicable): Around 6
inches to 10 inches above the seat for ease
of use.

Materials and Upholstery

Frame Material:

o Steel: Powder-coated, chrome, or

polished steel for a sleek, durable,
and modern finish or Aluminum:
Lightweight and corrosion-resistant.

Seat and Backrest Upholstery:

o Leather or Faux Leather (PU):

High-end and professional look.

Cushioning:

o Gel or memory foam cushions for

more ergonomic support.

Frame and Base

• Base Type:
o Cantilever base: A modern design
providing some flexibility and a
sleek look made from steel or
chrome.
• Leg Material:
o Steel: Powder-coated or chrome
finish for durability and sleek
design.
• Floor Protection:

44
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
o Rubber caps or plastic glides on
chair legs to prevent damage to
floors, particularly in areas with
hardwood or tile flooring.

Ergonomics and Comfort Features

• Backrest:
o Medium backrest height (usually
around 16 to 20 inches) to provide
adequate support without being too
tall.
• Seat Cushion:
o Padded seat to ensure comfort
during short-term sitting.
• Armrests:
o Padded armrests for additional
comfort or Armless options for a
minimalist or space-saving design.
• Ergonomic Design: Lumbar support or
contoured backrest for better comfort
during longer sittings.

Weight Capacity

• Standard Capacity: To support up to 250

lbs (113 kg).

Mobility and Adjustability

• Fixed Position: Available as non-
adjustable, designed for stability and
simplicity in guest seating areas.

Durability and Environmental

Resistance
• Durability: Designed for light to moderate
use in office settings. Frames are often
reinforced for stability.
• Environmental Protection:
o Weatherproof coatings for areas
with high humidity.
o Stain-resistant fabrics for easy
cleaning, especially in high-traffic
areas.

Scratch and wear resistance for both upholstery

and frame materials
10. Ergonomic • Adjustable lumbar support 2 Pieces
High Back • Breathable back support mesh
Office Chairs
• Adjustable height with adjustable arm rest

45
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
11. Executive Product Name: Executive Meeting Table 2 Pieces
Meeting Table
Type: Conference Table, Boardroom Table,
Modular Meeting Table

Style: Modern, Traditional, Contemporary, Luxury,

or Minimalistic

Material:

Primary Material: Solid wood (e.g., oak, walnut,

maple, mahogany), engineered wood (e.g., MDF,
plywood, veneer), glass, or metal (e.g., stainless
steel, aluminum).

Secondary Material: Leather inserts, tempered

glass, metal frames, or marble.

Color/Finish:

Wood: Natural finishes, stained finishes (e.g.,

walnut, mahogany), or lacquered.

Metal: Brushed stainless steel, matte black, polished

chrome, or brushed nickel.

Glass: Clear, frosted, or tinted tempered glass.

Leather: Black, brown, or custom colors for inlay

accents.

Dimensions:

Length:

Small Table (4-6 people): 1800 mm – 2400 mm

(71–94 inches).

Medium Table (8-10 people): 2400 mm – 3000 mm

(94–118 inches).

Large Table (12-14 people): 3000 mm – 4000 mm

(118–157 inches).

Width:

Typically 1000 mm – 1400 mm (39–55 inches),

depending on the number of seats and design.

Height:

46
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Standard Height: 740 mm – 800 mm (29–31
inches) to match typical chair heights.

Thickness (Table Top):

Solid Wood Tops: 30–50 mm (1.2–2 inches) for

sturdy, durable construction.

Glass Tops: 10–15 mm (0.4–0.6 inches) for

tempered glass.

Shape:

Rectangular (most common), Round, Oval, Boat-

shaped, or Irregular/Custom Designs depending
on the meeting space and style.

Construction & Material:

Frame/Leg Structure:

Wooden Tables: Constructed from solid hardwood

(e.g., oak, walnut, or cherry) or engineered wood
(e.g., MDF or plywood with a veneer finish).

Metal Frame: Stainless steel, aluminum, or powder-

coated steel for modern, minimalist, or industrial
aesthetics.

Leg Design:

Pedestal: Single or dual pedestal legs for a stable

base.

Four-leg: Traditional leg design for classic looks.

Trestle/Beam: Central beam for additional support

and contemporary style.

Tabletop Material:

Wooden Tops: High-quality veneer or solid wood

finish, often with a protective lacquer or matte
finish.

Glass Tops: Tempered glass for safety, often with

rounded or beveled edges.

Stone/Micarta Tops (Optional): For luxury or

high-end designs, such as granite, marble, or
engineered stone.

Edge Detailing: Smooth, beveled, or rounded edges

for aesthetic and safety purposes.

47
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied

12. Workstation General Design & Configuration 35 Pieces

• Style: Single desk in Rectangular or U-
shaped.
Dimensions
• Standard Desk Dimensions to be as below:
o Width: Between 1220mm to
1430mm
o Depth: Between 610mm to 715mm
o Height: Between 710mm to 760mm
o Leg Clearance (under desk):
Minimum of 24" (610mm) to allow
for comfortable seating and leg
movement.

Materials
• Desk Surface:
o Wood Veneer with a Natural wood
finish, MDF or Particleboard with
laminate or veneer finish.
• Frame & Legs:
o Metal (Steel or Aluminum):
Powder-coated or anodized finishes
for corrosion resistance, with
adjustable or fixed height
• Edge Finish:
o T-Molding: Vinyl or PVC edge
banding with rounded corners for
durability, damage prevention and to
minimize injuries.

Ergonomic Features
• Height Adjustability:
o Desks with manual height adjusters
to support sit-stand workstations
o Desk heights should be adjustable
between 28” and 47” (710mm to
1190mm) for comfortable sitting and
standing positions.
• Knee Space: Minimum clearance of 24”
(610mm) under the desk for legroom and
comfortable seating.
• Cable Management: Desks to have Grommet
holes in desktop surfaces for easy routing of
cables.
• Working Surface: Spacious work surfaces (at
least 48" x 24") to support multiple monitors,
a keyboard, mouse, and other office
essentials.

Storage and Accessories

o Desk to have Pedestal Drawers:
Two- or three-drawer pedestal units,
with options for lockable drawers for
secure storage.
Finishes & Aesthetic Options
• Laminate Finishes: Desk to be available in

48
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
wood grain, matte, gloss, or textured patterns
to match office aesthetics.
• Wood Finishes: Rich natural wood veneers
such as walnut, oak, or maple, often with a
lacquered or matte finish for durability.

13. Coffee Table Product Name: Coffee Table 20 Pieces

Type: Contemporary, Modern, Traditional, Rustic,

Minimalistic, Industrial, Luxury

Material:

Primary Material: Wood (solid wood, MDF,

plywood, veneer), metal (steel, aluminum), glass
(tempered glass), marble, or composite materials
(e.g., engineered wood).

Secondary Material: Fabric (for upholstered

versions), leather (for accents), stone (granite,
marble), ceramic, or acrylic.

Finish:

Wood: Natural finish, matte or glossy lacquer,

veneer.

Metal: Matte, polished chrome, brushed nickel,

matte black, brass.

Glass: Clear, frosted, or tinted tempered glass.

Stone: Polished or matte finish depending on

material (marble, granite).

Fabric: Upholstered tops with synthetic or natural

fabric (cotton, linen, leather).

Dimensions:

Length:

Standard Coffee Table: Typically 1000 mm – 1200

mm (39.4 – 47.2 inches) in length, depending on
room size and design style.

Compact Coffee Table: As small as 800 mm (31.5

inches) for smaller rooms or spaces.

Width:

Standard Width: Typically 500 mm – 700 mm

(19.7 – 27.6 inches).

49
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Height:

Standard Height: 400 mm – 500 mm (15.7 – 19.7

inches).

Low Coffee Tables (Modern Style): Can be as low

as 300 mm – 350 mm (11.8 – 13.8 inches) for a
sleek, minimalistic look.

Tall Coffee Tables (with Storage): Up to 600 mm

(23.6 inches), especially for tables with integrated
storage.

Shape:

Rectangular: The most common shape, with

proportions matching typical living room furniture
(e.g., sofas).
14. Coffee stool Product Name: Coffee Stool (Counter Stool, Bar 20 Pieces
Stool)

Type: Counter stool, bar stool, adjustable height

stool, backless stool, with or without armrests.

Usage: For seating at coffee tables, kitchen counters,

bars, or high-top tables.

Material:

Primary Material: Wood (solid wood, MDF),

metal (steel, stainless steel, aluminum), upholstered
fabric, leather, or plastic.

Secondary Material: Cushioning (foam, memory

foam), fabric (linen, cotton, velvet, faux leather), or
plastic seat shells.

Dimensions:

Height:

Standard Coffee Stool Height (Seat Height):

Counter Height: Typically 24 inches (610 mm),

designed to fit under a standard 36-inch (915 mm)
high counter or coffee table.

Bar Height: 28–30 inches (711–762 mm), designed

for 40–42 inches (1016–1067 mm) high counters.

Adjustable Height Models: Seat height may range

from 24 inches to 30 inches (610 mm – 762 mm),
adjustable with hydraulic lift mechanisms.

50
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Seat Width:

Typically 14–18 inches (355–457 mm), offering

enough space for comfortable seating.

Seat Depth:

Typically 12–16 inches (305–406 mm), depending

on the design.

Overall Stool Dimensions:

Width (legs or base): Can vary, but typically

around 14–18 inches (355–457 mm) at the base to
provide stability.

Depth: Can range from 14–16 inches (355–406

mm) depending on the seat design and presence of
footrests.
15. Wardrobe Product Name: Wardrobe 2 Pieces

Type: Freestanding wardrobe, built-in wardrobe,

walk-in closet, modular wardrobe.

Style: Traditional, Modern.

Material:

Primary Material: Wood (solid wood, MDF,

plywood, engineered wood), metal (for frame or
handles), glass (for doors or shelves), or a
combination.

Secondary Materials: Leather or fabric (for doors

or accents), tempered glass (for shelves or doors),
and metal components (hinges, locks, rods).

Color/Finish:

Wood: Natural finishes (oak, walnut, mahogany),

painted or lacquered finishes, veneer.

Metal: Matte black, polished chrome, brushed

nickel.

Glass: Clear, frosted, or tinted glass.

Other: Fabric, mirror, or leather inserts.

Dimensions:

Width:

51
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
Standard Width: 600 mm – 1800 mm (24–71
inches), depending on the number of doors (single,
double, triple, etc.).

Custom Width: Can be customized based on room

size or specific needs.

Height:

Standard Height: 1800 mm – 2400 mm (71–94

inches).

Tall Wardrobes (for more hanging space): Up to

2500 mm (98 inches) or more.

Depth:

Standard Depth: 500 mm – 700 mm (20–28

inches), deep enough to accommodate clothes on
hangers.

Shallow Depth (Space-saving design): 400 mm –

500 mm (16–20 inches) for narrow spaces.

Internal Storage Dimensions (for each

compartment):

Hanging Rod Section: Typically 800 mm – 1000

mm (31–39 inches) wide, adjustable height
depending on the wardrobe design.

Shelves: Adjustable shelves with 30–40 cm (12–16

inches) height for each compartment.

1. To qualify for post - evaluation a bidder must conform to the technical requirement.
2. National Assembly reserves the right to carry out due diligence. Any false information provided will lead
to automatic disqualification.

3. Original detailed and highlighted Brochure MUST be submitted

4. ALL ITEMS DELIVERED MUST BE BRAND NEW and of good quality. Verification will be
done before acceptance.

52
2. POST TECHNICAL EVALUATION
No. Technical Requirement Conform/Not Remarks
Conform
1. Firm’s specific experience as shown by number of contracts YES/NO
undertaken in public institutions/ private institutions for
supply and delivery of office furniture.
Attach (5) LPOs/LSOs/Contract documents of contract
value Kenya Shillings ten million (Kshs. 10,000,000.00)
2. Five (5) recommendation letters from public YES/NO
institutions/Private Institution indicated above in client letter
head with contact person, email addresses and telephone.

3. Firm’s general experience as shown by number of other YES/NO

contracts undertaken in supply and delivery of goods in public
institutions/Private Institution.
Attach Five (5) LPOs/LSOs/Contract documents.

4. A letter of commitment confirming delivery of goods within YES/NO

30 days from date of signing of contract
RESPONSIVENESS R/NR

Note:
1. To qualify for financial evaluation a bidder must post technical evaluation criteria.
2. National Assembly reserves the right to carry out due diligence. Any false information provided
will lead to automatic disqualification.

C. FINANCIAL EVALUATION
The Bidder who shall be determined as the lowest evaluated bidder after being responsive to the post
technical evaluation requirement shall be considered and recommended for award.

53
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

54
 FORM OF TENDER
(Amended and issued pursuant to PPRA CIRCULAR No. 02/2022)

INSTRUCTIONS TO TENDERERS

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

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

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

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

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

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

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

a) No reservations: We have examined and have no reservations to the Tendering document, including
Addenda issued in accordance with Instructions to tenderers (ITT 7);

b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with
ITT 3;

c) Tender/Proposal-Securing Declaration: We have not been suspended nor declared ineligible by the
Procuring Entity based on execution of a Tender-Securing Declaration. Or Proposal-Securing Declaration
in Kenya in accordance with ITT 3.6;

d) Conformity: We offer to supply in conformity with the Tendering document and in accordance with
the Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a
brief description of the Goods and Related Services];

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

Supply and delivery of office furniture

…………………………………………………..………………………………………..…………………..
[insert the total price in words and in figures, indicating the various amounts and the respective currencies]

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];

f) 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;

g) Performance Security: If our Tender is accepted, we commit to obtain a performance security in

accordance with the Tendering document;

h) 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

55
 ITT 12;

i) 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;

j) 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];

k) 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.”)

l) 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;

m) 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

n) 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.

o) 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.

p) 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.

q) 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.

r) We, the Tenderer, have duly completed, signed and stamped the following Forms as part of our
Tender:
a) Tenderer's Eligibility; Confidential Business Questionnaire – to establish we are not in any
conflict to interest;
b) Certificate of Independent Tender Determination – to declare that we completed the tender
without colluding with other tenderers;
c) Self-Declaration of the Tenderer – to declare that we will, if awarded a contract, not engage
in any form of fraud and corruption; and
d) Declaration and Commitment to the Code of Ethics for Persons Participating in Public
Procurement and Asset Disposal.
56
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]

**: 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.

57
 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION
I, the undersigned, in submitting the accompanying Letter of Tender to________________ [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 ______________
Title ________________________________________________________________
Signature ______________
Date ______________
[Name, title and signature of authorized agent of Tenderer and Date]

58
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…………..……….……………….…………

59
 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……………………………..………………

60
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……………………………………………..........................................................................………

61
 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.

62
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.

Rejects a proposal for award of a contract if PPRA determines that the firm or
1
c)
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 or any other appropriate authority
appointed by Government of Kenya to inspect 2 all accounts, records and other
documents relating to the procurement process, selection and/or contract execution,
and to have them audited by auditors appointed by the PPRA or any other
63
 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.
.

64
 TENDERER INFORMATION FORM
[The tenderer shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

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

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

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

of_ pages

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

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

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

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

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

registration]

6. Tenderer’s Authorized Representative Information

Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

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

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

65
 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-

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

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

66
 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

67
 Type of Conflict Disclosure If YES provide details of the
YES OR relationship with Tenderer
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)

68
 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, a list of Board of Directors, and the beneficial ownership.

69
 FINANCIAL EVALUATION

Tenderers who pass the post technical evaluation will be at the financial evaluation stage. The lowest
evaluated bidder will be considered for award of the tender. Bidders must break down the financial bid
for each of the items as detailed below:

70
 PRICE SCHEDULE FORM
SUPPLY AND DELIVERY OF BRAND NEW OFFICE FURNITURE

NO. ITEM Quantity UNIT PRICE TOTAL AMOUNT

and UNIT (Kshs.) (inclusive of all taxes)
OF (Kshs.)
MEASURE

1. Wooden Bookshelf 28 Pieces

2. Executive Coat Hangers 47 Pieces

3. Executive chairs 33 Pieces

4. Executive Desks 17 Pieces

5. Fireproof Filing Cabinets 14 Pieces

6. Lockable Still Cabinets 43 Pieces

7. Orthopedic Chairs 42 Pieces

8. Sofa Set (6 Seater) 13 Pieces

9. Visitors chairs 28 Pieces

10. Ergonomic High Back Office 2 Pieces

Chairs
11. Executive Meeting Table 2 Pieces

12. Workstation 35 Pieces

13. Coffee Table 20 Pieces

14. Coffee stool 20 Pieces

15. Wardrobe 2 Pieces

TOTAL AMOUNT INCLUSIVE OF VAT AND LEVY ORDER

NOTE:
1. Price quoted must be inclusive of the levy order and Value Added Tax.
2. The National Assembly shall withhold 0.03% of the contract value exclusive of all taxes being the
Capacity Building Levy of PPRA as per their circular no. 1/2024.
3. The tender shall be awarded to the lowest evaluated bidder in the financial Evaluation.

Name of tenderer: ____________________________________________

Signature of tenderer: _____________________________________

Date: ________________________________________________
Official Stamp of the tenderer: ___________________________

71
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: ________________

Page N ______ of ______
1 2 3 4 5 6 7 8 9
Line Description of Goods Country Delivery Quantity and Unit price CIP Price per Price per line item for Total Price per Line item
Item of Origin Date as physical unit CIP [insert place of line item inland transportation and (Col. 7+8)
N defined by destination] (Col. 5x6) other services required in
Incoterms in accordance with Kenya to convey the
ITT 14.8(b)(i) Goods to their final
destination specified in
TDS
[insert [insert name of good] [insert [insert [insert number [insert unit price [insert total [insert the corresponding [insert total price of the
number country quoted of units to be CIP per unit] CIP price per price per line item] line item]
of the of origin Delivery supplied and line item]
item] of the Date] name of the
Good] physical unit]

Total Price

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

72
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 N ______ of ______

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

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.]

73
 Price Schedule: Goods Manufactured in Kenya

Kenya (Group A and B Tenders) Date: _________________________

______________________ Currencies in accordance with ITT 15 ITT No: _____________________
Alternative No: ________________
Page N ______ of ______

1 2 3 4 5 6 7 8 9 10
Line Item Description of Goods Delivery Quantity Unit price Total EXW Price per line item Cost of local labor, raw Sales and other taxes Total Price per line
N Date as and EXW price per for inland materials and components payable per line item if item
defined by physical line item transportation and from with origin in Kenya Contract is awarded (in (Col. 6+7)
Incoterms unit (Col. 45) other services % of Col. 5 accordance with ITT
required in Kenya 14.8(a)(ii)
to convey the
Goods to their final
destination

[insert [insert name of Good] [insert [insert [insert [insert total [insert the [Insert cost of local labor, [insert sales and other [insert total price per
number of quoted number of EXW unit EXW price corresponding raw material and taxes payable per line item]
the item] Delivery units to be price] per line price per line item] components from within item if Contract is
Date] supplied item] the Purchase’s country as awarded]
and name a % of the EXW price per
of the line item]
physical
unit]

Total Price

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

74
Price and Completion Schedule - Related Services

Currencies in accordance with ITT 15 Date:

_________________________
ITT No:
_____________________
Alternative No:
________________
Page N ______ 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
N 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]

Total Tender Price

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

75
 FORM OF TENDER SECURITY-[Demand Bank Guarantee]
Beneficiary:
Request for Tenders No:
Date:
TENDER GUARANTEE No.:
Guarantor:

1. We have been informed that (herein after called "the Applicant") has
submitted or will submit to the Beneficiary its Tender (herein 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)]

76
 FORMAT OF TENDER SECURITY [Option 2–Insurance Guarantee]

TENDER GUARANTEE No.:

1. Whereas ………… [Name of the tenderer] (herein after called “the tenderer”) has submitted its tender
dated ……… [Date of submission of tender] for the …………… [Name and/or description of the tender]
(herein after 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 …………… (herein after called “the Guarantor”), are bound
unto …………….. [Name of Procuring Entity] (herein after 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]

77
 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.

78
 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]

79
PART 2: SUPPLY REQUIREMENTS

80
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).

81
 SUPPLY AND DELIVERY OF BRAND NEW OFFICE FURNITURE

No Specification Minimum Requirement Quantity Complied/ Remarks

Not
Complied
16. Wooden Product Name: Wooden Bookshelf 28 Pieces
Bookshelf Type: Freestanding
Style: Modern
Material: Solid wood (e.g., oak, pine, walnut,
maple), plywood, MDF (Medium Density
Fiberboard), or a combination of wood and
engineered wood.
Color/Finish: Natural wood finish, stained, painted,
lacquered or veneered.
Height: 2000 mm (59 inches) (customizable)
Width: 1000 mm (31 inches) (customizable)
Depth: 300 mm (12 inches) (customizable)
Shelf Spacing: fixed, typically 250 mm (10 inches)
between shelves.
Number of Shelves: 5-6, including the base shelf.
Weight: Approximately 25 kg (depending on size
and material).

17. Executive Product Name: Executive Coat Hanger 47 Pieces

Coat Hangers Type: Freestanding
Style: Modern.
Material: Solid wood, stainless steel, or
combination of wood and metal.
Color/Finish:Wood, Natural wood finish, dark
stain, Metal: Polished chrome, matte black, brushed
nickel, or gold-plated.
Overall Height: 1200 mm (47 inches) (standard
height for a standing coat hanger)
Width: 400–500 mm (16–20 inches) (depending on
the design and number of hooks)
Depth: 400–600 mm (16–24 inches) (front-to-back,
ensuring stability)

18. Executive General Dimensions 33 Pieces

chairs
• Overall Height: Typically between 40 to 48
inches (102 to 122 cm), adjustable
depending on the chair's gas lift mechanism.
• Seat Height: Adjustable, usually from 17 to
22 inches (43 to 56 cm) from the floor.
• Seat Depth: Typically around 18 to 22
inches (46 to 56 cm).
• Seat Width: Generally ranges from 20 to 24
inches (51 to 61 cm) for ample seating
space.
• Backrest Height: Around 24 to 30 inches
(61 to 76 cm) for full back support.
• Armrest Height: Adjustable from 24 to 30
inches (61 to 76 cm) from the seat.

82
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
• Seat Thickness: Approximately 3 to 5
inches (7.5 to 12.7 cm) for comfort and
durability.

Frame Material

• Base Material:
o Steel: Strong and durable, often
powder-coated for a sleek finish and
rust prevention.
• Construction:
o Metal Base: Solid steel or
aluminum base for structural
integrity and durability.

Upholstery Material
• Leather Type:
o Genuine Leather: Full-grain or top-
grain leather is commonly used for
premium executive chairs due to its
luxurious feel, durability, and
natural aging characteristics.
• Leather Finish:
o Top-Grain Leather: Durable,
smooth leather that is commonly
used in executive chairs.

Cushioning & Seat Fillings

• Seat Cushion:
o Memory Foam: For more comfort,
offering contouring properties.
• Back Cushion:
o Memory Foam: Used for
ergonomic support, particularly in
the lumbar and headrest areas.

Mechanisms and Adjustability

• Gas Lift Mechanism:

o Height Adjustment: The gas lift
system allows for easy height
adjustment of the seat (usually 3-5
inches of range).
o Weight Capacity: To support users
of up to 250 to 350 lbs (113 to 159
kg), depending on design.
• Tilt Mechanism:
o Tension Control: Adjusts the
resistance of the chair's tilt to suit
the user's weight and preference.
o Reclining Mechanism: Allows
reclining back up to 120 to 150
degrees for relaxation or leaning

83
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
back during meetings. Can include a
lockable tilt function.
• Synchro-Tilt:
o The backrest and seat tilt in unison,
promoting a more ergonomic sitting
posture.
o Multi-Position Tilt Lock: Allows
users to lock the chair in different
reclining positions.

Armrests

• Adjustable Armrests: Adjustable armrests

that can be raised, lowered, or rotated to
ensure comfort and support for the forearms
and elbows.
• Material: Typically padded for comfort,
covered in leather.
• Width/Height Adjustment: Allows for
fine-tuning to match the user's body size and
desk height.

Legs and Base

• Base:
o 5-Star Base: A typical base design,
often made of metal (steel or
aluminum) for stability and
strength.
o Caster Wheels: Durable casters for
easy mobility, usually made of
nylon or rubber.
o Wheel Diameter: Typically
between 2 to 3 inches (5 to 7.5 cm)
for smooth rolling.
• Swivel Function: Allows the chair to rotate
a full 360 degrees for flexibility in
movement and ease of access to different
parts of the desk.

Ergonomic Features

• Lumbar Support: Adjustable lumbar

support (either built-in or with a manual
dial) helps to maintain the natural curve of
the spine and reduce back strain during long
hours of sitting.
• Seat Tilt and Tension: Allows for reclining
at a controlled angle with adjustable
resistance to provide comfortable postures
for prolonged sitting.
• Posture Control: Aimed at ensuring the
user sits with proper spinal alignment,
reducing discomfort and fatigue.

84
No Specification Minimum Requirement Quantity Complied/ Remarks
Not
Complied
19. Executive Product Name: Executive Desk 17 Pieces
Desks Type: Freestanding desk, modular system, or corner
desk (L-shaped or U-shaped)
Style: Modern,
Material:
Primary Materials: Solid wood (e.g., mahogany,
walnut, cherry, maple, oak)
Secondary Materials: Leather inlays, polished
stone, or tempered glass surfaces.
Color/Finish:
Wood: Natural, dark stain (e.g., mahogany, walnut),
matte, or high-gloss lacquered finish.
Leather: Brown, black, or custom colors for added
elegance.
Glass: Clear, frosted, or tinted tempered glass.
Width: Typically 1600 mm to 2200 mm (63–87
inches) for standard executive desks.
Depth: 800 mm to 1000 mm (31–39 inches),
depending on desk layout and functionality.
Height: Typically 750 mm to 800 mm (29–31 inches)
– standard desk height.
Leg Height (Under-desk Clearance): 650 mm to
700 mm (26–28 inches), providing enough space for
a chair and legroom.
Desk Surface Area: Large enough to comfortably
accommodate a computer, paperwork, and office
accessories (typically 1.5–2 square meters of
workspace).
20. Fireproof Product Name: Fireproof Filing Cabinet 14 Pieces
Filing Type: Vertical 4 drawers
Cabinets Fire Rating: Typically ranges from 1 hour to 2
hours fire resistance at temperatures up to 1700°F
(927°C).
Water Resistance: Designed to withstand water
damage from sprinklers, fire hoses, or flooding
(optional).
UL (Underwriters Laboratories) Certification: UL
72 or UL Classified (indicates compliance with fire
resistance standards).
Dimensions:
Width:
Vertical Models: 450–500 mm (17.7–19.7 inches)
per drawer.
Lateral Models: 800–1000 mm (31–39 inches) per
drawer.
Height:
2-Drawer Model: 710–800 mm (28–31 inches).
3-Drawer Model: 1050–1150 mm (41–45 inches).
4-Drawer Model: 1400–1500 mm (55–59 inches).
Depth:
Standard Depth: 500–600 mm (19.7–23.6 inches).
Extra-Deep Models: 650–800 mm (25.6–31.5
inches).
Construction & Material:
Frame Material:
Steel Construction: Typically made from high-
gauge, fire-resistant steel, treated to withstand

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extreme heat.
Fireproof Insulation: High-density ceramic-based
fireproof insulation or intumescent materials to resist
fire penetration.
Coating: Powder-coated or baked enamel finish for
corrosion resistance and durability.
Fireproof Lining:
Fireproof Insulation Material: Proprietary material,
often a mix of gypsum, mineral compounds, and
fiberglass for maximum heat resistance.
Heat-Resistant Sealant: Sealed with heat-activated
gaskets to prevent fire, smoke, and water from
entering.
Drawer Material:
Heavy-duty steel drawer construction with fire-
resistant insulation, ensuring no melting or warping
during high-heat exposure.
Base Structure:
Reinforced with steel runners and ball bearing
slides for smooth, heavy-duty drawer operation even
under extreme conditions.

21. Lockable Still Product Name: Lockable Steel Cabinet 43 Pieces

Cabinets Type: Filing cabinet, storage cabinet, personal
storage locker, tool cabinet, or utility cabinet.
Material:
Primary Material: Steel (Cold-rolled steel, powder-
coated steel).
Secondary Material: Locking mechanisms, handles,
hinges, shelves (steel or metal), or wood inserts
(optional for aesthetic purposes).
Finish:
Powder-coated finish for rust resistance and
durability, with options for matte, semi-gloss, or high-
gloss finishes.
Available in various colors (commonly gray, black,
beige, or custom colors).

Dimensions:
Height:
Typically 900 mm – 2000 mm (35.4 – 78.7 inches)
depending on storage needs (small, medium, or large
cabinets).
Common height for office use: 1000 mm – 1500 mm
(39.4 – 59 inches).
Width:
Standard width: 400 mm – 1000 mm (15.7 – 39.4
inches), with wider cabinets offering more storage
space for documents, folders, or larger items.
Depth:
Standard Depth: 400 mm – 500 mm (15.7 – 19.7
inches) for most common models.
Extra Deep Models: 600 mm – 700 mm (23.6 – 27.6
inches) for larger, multi-purpose storage cabinets.
Shelves:
Number of Shelves: Typically 2 to 4 adjustable
shelves. Shelves are generally spaced at 300 mm –

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400 mm (11.8 – 15.7 inches) intervals.
Weight Capacity per Shelf: Typically 20–50 kg
(44–110 lbs), depending on the size and construction.
22. Orthopedic Product Name: Orthopedic Chair (Ergonomic 42 Pieces
Chairs Chair, Posture Chair)

Type: Office chair, task chair, executive chair,

ergonomic chair, lumbar support chair, recliner.

Usage: Suitable for long hours of sitting (office,

gaming, study, or healthcare environments).

Materials:

Frame Material:

Steel (often powder-coated for durability and rust

resistance) or aluminum for lightweight yet sturdy
construction.

Plastic: High-density plastic for armrests, base, or

adjusters.

Wood: Some orthopedic chairs have wooden

armrests or accents for aesthetics and comfort.

Seat & Back Cushion Material:

Memory Foam: Commonly used for its ability to

contour to the body, offering personalized support.

High-Density Foam: Provides firm support while

retaining its shape.

Gel Cushions: Often combined with foam to

provide cooling and pressure relief.

Upholstery: Leather, faux leather, mesh, fabric, or

breathable material for comfort and longevity.

Covering Material:

Fabric (Mesh or Textile): Breathable fabric for

comfort during extended periods of use.

Leather or Faux Leather: Premium options for a

more luxurious feel, easy to clean, and durable.

Vinyl or PVC: For more affordable, easy-to-

maintain seating options.

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Dimensions:

Seat Height:

Adjustable Seat Height: Typically 400 mm – 550

mm (15.7 – 21.7 inches) from the ground to
accommodate various desk heights and user needs.

Seat Width:

Standard Seat Width: 450 mm – 550 mm (17.7 –

21.7 inches) for comfortable seating, ensuring
enough space for the hips and thighs.

Seat Depth:

Standard Depth: 400 mm – 500 mm (15.7 – 19.7

inches) for adequate thigh support without pressure
on the knees.

Backrest Height:

Standard Backrest Height: Typically 500 mm –

700 mm (19.7 – 27.6 inches) from seat level,
offering lumbar and mid-back support.

Backrest Width:

Backrest Width: Usually between 400 mm – 500

mm (15.7 – 19.7 inches) depending on design.

Armrest Height:

Adjustable Armrests: Typically range from 200

mm – 300 mm (7.9 – 11.8 inches) above seat height
for proper arm support.

Base Width:

Base Diameter: 600 mm – 700 mm (23.6 – 27.6

inches) for stability, particularly in chairs with a 5-
point base (casters).
23. Sofa Set (6 A 6-seater leather sofa set that includes a central 13 Pieces
Seater) section (often with three seats) and two end sections
(with one or two seats each).

Dimensions:

Middle Section: 90" (L) x 40" (D) x 34" (H)

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End Sections: 45" (L) x 40" (D) x 34" (H)

Frame: Solid oak wood or mahogany with

reinforced metal supports.

Upholstery: Top-grain leather in matte black or

Chestnut Brown with a soft, matte finish.

Cushion Fillings: High-density foam with pocket

coil springs in the seat cushions for optimal support.

Foam Backing: Foam-backed backrests for

additional support and longevity.

Armrest Padding: High-density foam or memory

foam for armrest padding to ensure comfort during
extended seating.

Stain Protection: Protective coating to help resist

stains.

Legs: Solid wood legs (e.g., walnut, oak,

mahogany) in traditional designs with Low-profile
or platform-style legs as short as 2 to 4 inches (5 to
10 cm).

Additional Features: Adjustable headrests, built-in

storage.

Firmness:

• Medium-Firm: A balanced firmness that is

comfortable for both sitting and lounging.

Reclining Mechanism: Either of;

• Manual Recliners: Pull lever or push-back

recline.
• Power Recliners: Powered by an electric motor
to adjust the position of the backrest and footrest
at the touch of a button.

24. Visitors chairs • Design: Available as a freestanding chair 28 Pieces

with a fixed seat or modular, with an
emphasis on lightweight and easy mobility.

Dimensions

• Seat Width: Typically between 18 inches to

22 inches (standard for most adult sizes).
• Seat Depth: Typically between 16 inches to
20 inches for a comfortable fit.

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• Seat Height: Ranges from 17 inches to 19
inches from the floor to the seat.
• Backrest Height: Usually around 16 inches
to 20 inches (higher backrests offer more
support).
• Overall Chair Height: Commonly between
32 inches to 36 inches.
• Armrest Height (if applicable): Around 6
inches to 10 inches above the seat for ease
of use.

Materials and Upholstery

Frame Material:

o Steel: Powder-coated, chrome, or

polished steel for a sleek, durable,
and modern finish or Aluminum:
Lightweight and corrosion-resistant.

Seat and Backrest Upholstery:

o Leather or Faux Leather (PU):

High-end and professional look.

Cushioning:

o Gel or memory foam cushions for

more ergonomic support.

Frame and Base

• Base Type:
o Cantilever base: A modern design
providing some flexibility and a
sleek look made from steel or
chrome.
• Leg Material:
o Steel: Powder-coated or chrome
finish for durability and sleek
design.
• Floor Protection:
o Rubber caps or plastic glides on
chair legs to prevent damage to
floors, particularly in areas with
hardwood or tile flooring.

Ergonomics and Comfort Features

• Backrest:
o Medium backrest height (usually
around 16 to 20 inches) to provide
adequate support without being too
tall.
• Seat Cushion:

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o Padded seat to ensure comfort
during short-term sitting.
• Armrests:
o Padded armrests for additional
comfort or Armless options for a
minimalist or space-saving design.
• Ergonomic Design: Lumbar support or
contoured backrest for better comfort
during longer sittings.

Weight Capacity

• Standard Capacity: To support up to 250

lbs (113 kg).

Mobility and Adjustability

• Fixed Position: Available as non-
adjustable, designed for stability and
simplicity in guest seating areas.

Durability and Environmental

Resistance

• Durability: Designed for light to moderate

use in office settings. Frames are often
reinforced for stability.
• Environmental Protection:
o Weatherproof coatings for areas
with high humidity.
o Stain-resistant fabrics for easy
cleaning, especially in high-traffic
areas.

Scratch and wear resistance for both upholstery

and frame materials
25. Ergonomic • Adjustable lumbar support 2 Pieces
High Back • Breathable back support mesh
Office Chairs
• Adjustable height with adjustable arm rest

26. Executive Product Name: Executive Meeting Table 2 Pieces

Meeting Table
Type: Conference Table, Boardroom Table,
Modular Meeting Table

Style: Modern, Traditional, Contemporary, Luxury,

or Minimalistic

Material:

Primary Material: Solid wood (e.g., oak, walnut,

maple, mahogany), engineered wood (e.g., MDF,

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plywood, veneer), glass, or metal (e.g., stainless
steel, aluminum).

Secondary Material: Leather inserts, tempered

glass, metal frames, or marble.

Color/Finish:

Wood: Natural finishes, stained finishes (e.g.,

walnut, mahogany), or lacquered.

Metal: Brushed stainless steel, matte black, polished

chrome, or brushed nickel.

Glass: Clear, frosted, or tinted tempered glass.

Leather: Black, brown, or custom colors for inlay

accents.

Dimensions:

Length:

Small Table (4-6 people): 1800 mm – 2400 mm

(71–94 inches).

Medium Table (8-10 people): 2400 mm – 3000 mm

(94–118 inches).

Large Table (12-14 people): 3000 mm – 4000 mm

(118–157 inches).

Width:

Typically 1000 mm – 1400 mm (39–55 inches),

depending on the number of seats and design.

Height:

Standard Height: 740 mm – 800 mm (29–31

inches) to match typical chair heights.

Thickness (Table Top):

Solid Wood Tops: 30–50 mm (1.2–2 inches) for

sturdy, durable construction.

Glass Tops: 10–15 mm (0.4–0.6 inches) for

tempered glass.

Shape:

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Rectangular (most common), Round, Oval, Boat-
shaped, or Irregular/Custom Designs depending
on the meeting space and style.

Construction & Material:

Frame/Leg Structure:

Wooden Tables: Constructed from solid hardwood

(e.g., oak, walnut, or cherry) or engineered wood
(e.g., MDF or plywood with a veneer finish).

Metal Frame: Stainless steel, aluminum, or powder-

coated steel for modern, minimalist, or industrial
aesthetics.

Leg Design:

Pedestal: Single or dual pedestal legs for a stable

base.

Four-leg: Traditional leg design for classic looks.

Trestle/Beam: Central beam for additional support

and contemporary style.

Tabletop Material:

Wooden Tops: High-quality veneer or solid wood

finish, often with a protective lacquer or matte
finish.

Glass Tops: Tempered glass for safety, often with

rounded or beveled edges.

Stone/Micarta Tops (Optional): For luxury or

high-end designs, such as granite, marble, or
engineered stone.

Edge Detailing: Smooth, beveled, or rounded edges

for aesthetic and safety purposes.

27. Workstation General Design & Configuration 35 Pieces

• Style: Single desk in Rectangular or U-
shaped.
Dimensions
• Standard Desk Dimensions to be as below:
o Width: Between 1220mm to
1430mm
o Depth: Between 610mm to 715mm
o Height: Between 710mm to 760mm
o Leg Clearance (under desk):
Minimum of 24" (610mm) to allow
for comfortable seating and leg

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movement.

Materials
• Desk Surface:
o Wood Veneer with a Natural wood
finish, MDF or Particleboard with
laminate or veneer finish.
• Frame & Legs:
o Metal (Steel or Aluminum):
Powder-coated or anodized finishes
for corrosion resistance, with
adjustable or fixed height
• Edge Finish:
o T-Molding: Vinyl or PVC edge
banding with rounded corners for
durability, damage prevention and to
minimize injuries.

Ergonomic Features
• Height Adjustability:
o Desks with manual height adjusters
to support sit-stand workstations
o Desk heights should be adjustable
between 28” and 47” (710mm to
1190mm) for comfortable sitting and
standing positions.
• Knee Space: Minimum clearance of 24”
(610mm) under the desk for legroom and
comfortable seating.
• Cable Management: Desks to have Grommet
holes in desktop surfaces for easy routing of
cables.
• Working Surface: Spacious work surfaces (at
least 48" x 24") to support multiple monitors,
a keyboard, mouse, and other office
essentials.

Storage and Accessories

o Desk to have Pedestal Drawers:
Two- or three-drawer pedestal units,
with options for lockable drawers for
secure storage.
Finishes & Aesthetic Options
• Laminate Finishes: Desk to be available in
wood grain, matte, gloss, or textured patterns
to match office aesthetics.
• Wood Finishes: Rich natural wood veneers
such as walnut, oak, or maple, often with a
lacquered or matte finish for durability.

28. Coffee Table Product Name: Coffee Table 20 Pieces

Type: Contemporary, Modern, Traditional, Rustic,

Minimalistic, Industrial, Luxury

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Material:

Primary Material: Wood (solid wood, MDF,

plywood, veneer), metal (steel, aluminum), glass
(tempered glass), marble, or composite materials
(e.g., engineered wood).

Secondary Material: Fabric (for upholstered

versions), leather (for accents), stone (granite,
marble), ceramic, or acrylic.

Finish:

Wood: Natural finish, matte or glossy lacquer,

veneer.

Metal: Matte, polished chrome, brushed nickel,

matte black, brass.

Glass: Clear, frosted, or tinted tempered glass.

Stone: Polished or matte finish depending on

material (marble, granite).

Fabric: Upholstered tops with synthetic or natural

fabric (cotton, linen, leather).

Dimensions:

Length:

Standard Coffee Table: Typically 1000 mm – 1200

mm (39.4 – 47.2 inches) in length, depending on
room size and design style.

Compact Coffee Table: As small as 800 mm (31.5

inches) for smaller rooms or spaces.

Width:

Standard Width: Typically 500 mm – 700 mm

(19.7 – 27.6 inches).

Height:

Standard Height: 400 mm – 500 mm (15.7 – 19.7

inches).

Low Coffee Tables (Modern Style): Can be as low

as 300 mm – 350 mm (11.8 – 13.8 inches) for a
sleek, minimalistic look.

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Tall Coffee Tables (with Storage): Up to 600 mm
(23.6 inches), especially for tables with integrated
storage.

Shape:

Rectangular: The most common shape, with

proportions matching typical living room furniture
(e.g., sofas).
29. Coffee stool Product Name: Coffee Stool (Counter Stool, Bar 20 Pieces
Stool)

Type: Counter stool, bar stool, adjustable height

stool, backless stool, with or without armrests.

Usage: For seating at coffee tables, kitchen counters,

bars, or high-top tables.

Material:

Primary Material: Wood (solid wood, MDF),

metal (steel, stainless steel, aluminum), upholstered
fabric, leather, or plastic.

Secondary Material: Cushioning (foam, memory

foam), fabric (linen, cotton, velvet, faux leather), or
plastic seat shells.

Dimensions:

Height:

Standard Coffee Stool Height (Seat Height):

Counter Height: Typically 24 inches (610 mm),

designed to fit under a standard 36-inch (915 mm)
high counter or coffee table.

Bar Height: 28–30 inches (711–762 mm), designed

for 40–42 inches (1016–1067 mm) high counters.

Adjustable Height Models: Seat height may range

from 24 inches to 30 inches (610 mm – 762 mm),
adjustable with hydraulic lift mechanisms.

Seat Width:

Typically 14–18 inches (355–457 mm), offering

enough space for comfortable seating.

Seat Depth:

Typically 12–16 inches (305–406 mm), depending

on the design.

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Overall Stool Dimensions:

Width (legs or base): Can vary, but typically

around 14–18 inches (355–457 mm) at the base to
provide stability.

Depth: Can range from 14–16 inches (355–406

mm) depending on the seat design and presence of
footrests.
30. Wardrobe Product Name: Wardrobe 2 Pieces

Type: Freestanding wardrobe, built-in wardrobe,

walk-in closet, modular wardrobe.

Style: Traditional, Modern.

Material:

Primary Material: Wood (solid wood, MDF,

plywood, engineered wood), metal (for frame or
handles), glass (for doors or shelves), or a
combination.

Secondary Materials: Leather or fabric (for doors

or accents), tempered glass (for shelves or doors),
and metal components (hinges, locks, rods).

Color/Finish:

Wood: Natural finishes (oak, walnut, mahogany),

painted or lacquered finishes, veneer.

Metal: Matte black, polished chrome, brushed

nickel.

Glass: Clear, frosted, or tinted glass.

Other: Fabric, mirror, or leather inserts.

Dimensions:

Width:

Standard Width: 600 mm – 1800 mm (24–71

inches), depending on the number of doors (single,
double, triple, etc.).

Custom Width: Can be customized based on room

size or specific needs.

Height:

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Standard Height: 1800 mm – 2400 mm (71–94
inches).

Tall Wardrobes (for more hanging space): Up to

2500 mm (98 inches) or more.

Depth:

Standard Depth: 500 mm – 700 mm (20–28

inches), deep enough to accommodate clothes on
hangers.

Shallow Depth (Space-saving design): 400 mm –

500 mm (16–20 inches) for narrow spaces.

Internal Storage Dimensions (for each

compartment):

Hanging Rod Section: Typically 800 mm – 1000

mm (31–39 inches) wide, adjustable height
depending on the wardrobe design.

Shelves: Adjustable shelves with 30–40 cm (12–16

inches) height for each compartment.

Note:
3. To qualify for financial evaluation a bidder must conform to the technical requirements.
4. Detailed and highlighted brochures Must Be Submitted.
5. National Assembly reserves the right to carry out due diligence. Any false information provided will
lead to automatic disqualification.
6. ALL ITEMS DELIVERED MUST BE BRAND NEW. Verification will be done before acceptance.

98
1. List of Goods and Delivery Schedule
[The Procuring Entity shall fill in this table, with the exception of the column “Tenderer's offered Delivery date” to be filled by the tenderer]

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

[insert [insert description of [insert [insert [insert place of [insert the [insert the number [insert the number of days
item No] Goods] quantity of physical Delivery] number of days of days following following the date of
item to be unit for the following the the date of effectiveness the Contract]
supplied] quantity] date of effectiveness the
effectiveness the Contract]
Contract]
1. Wooden Bookshelf 28 No. Imani House, 21 days 30 days
Along Parliament
Road.
2. Executive Coat 47 No. Imani House, 21 days 30 days
Hangers Along Parliament
Road.
3. Executive chairs 33 No. Imani House, 21 days 30 days
Along Parliament
Road.
4. Executive Desks 17 No. Imani House, 21 days 30 days
Along Parliament
Road.
5. Fireproof Filing 14 No. Imani House, 21 days 30 days
Cabinets Along Parliament
Road.
6. Lockable Still Cabinets 43 No. Imani House, 21 days 30 days
Along Parliament
Road.
7. Orthopedic Chairs 42 No. Imani House, 21 days 30 days
Along Parliament
Road.
8. Sofa Set (6 Seater) 13 No. Imani House, 21 days 30 days
Along Parliament
Road.

99
9. Visitors chairs 28 No. Imani House, 21 days 30 days
Along Parliament
Road.
10. Ergonomic High Back 2 No. Imani House, 21 days 30 days
Office Chairs Along Parliament
Road.
11. Executive Meeting 2 No. Imani House, 21 days 30 days
Table Along Parliament
Road.
12. Workstation 35 No. Imani House, 21 days 30 days
Along Parliament
Road.
13. Coffee Table 20 No. Imani House, 21 days 30 days
Along Parliament
Road.
14. Coffee Stool 20 No. Imani House, 21 days 30 days
Along Parliament
Road.
15. Wardrobe 2 No. Imani House, 21 days 30 days
Along Parliament
Road.

100
 2. List of Related Services and Completion Schedule

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

Place where Services Final Completion

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

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

1
If applicable

101
3. Technical Specifications

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

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

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

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

iv) The PPRA encourages the use of metric units.

v) Standardizing technical specifications may be advantageous, depending on the complexity of

the goods and the repetitiveness of the type of procurement. Technical Specifications should
be broad enough to avoid restrictions on workmanship, materials, and equipment commonly
used in manufacturing similar kinds of goods.

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

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

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

3.2 To encourage tenderers' innovation in addressing sustainable procurement requirements, as long as

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

3.3 The TS shall specify all essential technical and performance characteristics and requirements, including
guaranteed or acceptable maximum or minimum values, as appropriate. Whenever necessary, the
Procuring Entity shall include an additional ad-hoc Tendering form (to be an Attachment to the
Letter of Tender), where the tenderer shall provide detailed information on such technical performance
75
 characteristics in respect to the corresponding acceptable or guaranteed values.
3.4 When the Procuring Entity requests that the tenderer provides in its Tender a part or all of the
Technical Specifications, technical schedules, or other technical information, the Procuring Entity shall
specify in detail the nature and extent of the required information and the manner in which it has
to be presented by the tenderer in its Tender.

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

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

Item No Name of Goods or Technical Specifications and Standards

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

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

4. 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

5. Inspections and Tests

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

76
PART 3 - CONDITIONS OF CONTRACT
AND CONTRACT FORMS

77
 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” mean 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

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

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

3. Contract Documents

Subject to the order of precedence set forth in the Contract Agreement, all documents forming the
Contract (and all parts thereof) are intended to be correlative, complementary, and mutually
explanatory. The 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
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 If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,
such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
5. Language

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

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

6. Joint Venture, Consortium or Association

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

7. Eligibility

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

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

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

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

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

10.2 Arbitration proceedings shall be conducted as follows:

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

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

10.5 Alternative Arbitration Proceedings

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

10.6 Failure to Comply with Arbitrator’s Decision

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

10.7 Contract operations continue

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

11. Inspections and Audit by the Procuring Entity

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

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

12. Scope of Supply

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

13. Delivery and Documents

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

14. Supplier’s Responsibilities

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

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15. Contract Price

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

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

16. Terms of Payment

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

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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.

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.
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 c) Wherever references are made in the Contract to codes and standards in accordance with
which it shall be executed, the edition or the revised version of such codes and standards
shall be those specified in the Schedule of Requirements. During Contract execution, any
changes in any such codes and standards shall be applied only after approval by the Procuring
Entity and shall be treated in accordance with GCC Clause 33.

23. Packing and Documents

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

24. Insurance

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

25. Transportation and Incidental Services

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

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

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 inspections referred to in GCC Sub-Clause 26.2, provided that the Procuring Entity bear all of
its own costs and expenses incurred in connection with such attendance including, but not limited
to, all travelling and board and lodging expenses.

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

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

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

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

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

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

29. Patent Indemnity

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

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 not apply to the cost of repairing or replacing defective equipment, or to any obligation of the
supplier to indemnify the Procuring Entity with respect to patent infringement.

31. Change in Laws and Regulations

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

32. Force Majeure

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

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

33. Change Orders and Contract Amendments

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

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

88
 requirements;
b) a full cost/benefit analysis of the proposed change(s) including a description and estimate of
costs (including life cycle costs) the Procuring Entity may incur in implementing the value
engineering proposal; and
c) a description of any effect(s) of the change on performance/functionality.

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

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

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

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

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

35. Termination

35.1 Termination for Default

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

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35.2 Termination for Insolvency.

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

35.2 Termination for Convenience.

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

36. Assignment

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

90
 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.

Number of GC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1.1(h) The Procuring Entity is: The National Assembly
GCC 2.2 (a) Unless inconsistent with any provision of the contract, the meaning of any trade
term and the right and obligations of parties thereunder shall be as prescribed by
INCOTERMS 2020
GCC 2.2 (b) The version edition of Incoterms shall be INCOTERMS 2020
GCC 8.1 For notices, the Procuring Entity’s address shall be:

Chief Procurement Officer

The National Assembly
P.O BOX 41842-00100 Nairobi
13th Floor Protection House
[email protected]
GCC 10.4.2 The place of arbitration shall be Nairobi, Kenya.

The Language shall be English.

The Laws of Kenya shall apply.

GCC 13.1 Details of Shipping and other Documents to be furnished by the Supplier are:
1. Negotiable bill of lading.
2. A non-negotiable sea way bill.
3. A railway consignment note.
4. Insurance certificate
5. Manufacturer’s or Supplier’s warranty certificate
6. Inspection certificate issued by nominated inspection agency,
7. 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 shall
not be adjustable.

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GCC 16.1 A. Payment for Goods supplied from abroad:
Payment of foreign currency portion shall be made in Kenya Shillings in the
following manner:

1. Advance Payment: Zero (0) 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: Zero (0) percent of the Contract Price of the Goods shipped
shall be paid through irrevocable confirmed letter of credit opened in favour
of the Supplier in a bank in its country, upon submission of documents
specified in GCC Clause 12.

(iii) On Acceptance: Hundred (100) percent of the Contract Price of Goods

received shall be paid within sixty (60) days of receipt of the Goods upon
submission of claim supported by the Inspection and acceptance certificate
issued by the Procuring Entity.

B. Payment of local currency portion of a foreign Supplier shall be made in

Kenya shillings within sixty (60) days of presentation of claim supported by an
inspection and acceptance 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
Kenya Shillings, as follows:

(i) Advance Payment: Zero (0) percent of the Contract Price shall be paid within
sixty (60) 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: Zero (0) 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: One Hundred (100) percent of the Contract Price shall be paid
to the Supplier within sixty (60) days after the date of the Inspection and
acceptance certificate for the respective delivery issued by the Procuring Entity.
GCC 16.2 Payment shall be made within 60 days of receipt of the invoice and the relevant
documents
GCC 16.5 There shall be no interest on delayed payment.
GCC 18.1 A Performance Security shall be required.

A performance security of 5% of the contract price above Kshs. 5 Million shall be

required.
GCC 18.3 The Performance Security shall be in the form of: A Performance Bond.
GCC 18.4 Discharge of the Performance Security shall take place: Within Thirty (30) days
following the final acceptance by inspection and acceptance committee.

92
GCC 23.2 The packing, marking and documentation within and outside the packages shall be:
As per industry standard.
GCC 24.1 The insurance coverage shall be as specified in the Incoterms.
GCC 25.1 The Supplier is required under the Contract to transport the Goods to a specified
place of final destination within Kenya, defined as the Project Site, transport to such
place of destination in Kenya, including insurance and storage, as shall be specified
in the Contract, shall be arranged by the Supplier, and related costs shall be included
in the Contract Price
GCC 25.2 Incidental services to be provided are: As specified in the schedule of requirements
and specifications.
GCC 26.1 The inspections and tests shall be conducted by inspection and acceptance
committee appointed by the procuring entity.
GCC 26.2 The Inspections and tests shall be conducted at: a place and time specified by the
procuring entity.
GCC 27.1 The liquidated damage shall be 0.05% per week
GCC 27.1 The maximum amount of liquidated damages shall be 10% of the contract price.
GCC 28.3 The period of validity of the Warranty shall be: [365] days after the goods had been
delivered and accepted.

For purposes of the Warranty, the place(s) of final destination(s) shall be: The
National Assembly, Imani House 3rd floor, Parliament Road.

Sample provision

GCC 28.3—In partial modification of the provisions, the warranty period shall be
_____ hours of operation or Twelve months from date of acceptance of the Goods
or Eighteen 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
(______).

GCC 28.5, The period for repair or replacement shall be: [5] 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 0%.

93
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.

94
FORM No. 1: NOTIFICATION OF INTENTION TO AWARD

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]

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

This Notification is sent by (Name and designation)

3. Notification of Intention to Award

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

ii) Project: [insert name of project]

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

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

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

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

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

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

a) The successful tenderer

i) Name of successful Tender

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

b) Other Tenderers

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

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

(Note a) State NE if not evaluated

95
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].

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.

96
7. Standstill Period
i) DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
ii) The Standstill Period lasts ten (14) Days after the date of transmission of this Notification
of Intention to Award.
iii) The Standstill Period may be extended as stated in paragraph Section 5 (d) above.

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

On behalf of the Employer:

Signature:

Name:

Title/position:

Telephone:

Email:

97
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

98
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

99
FORM NO. 4 - CONTRACT AGREEMENT

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

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

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

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

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

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

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

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

For and on behalf of the Procuring Entity

Signed: [insert signature]

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

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

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

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

[insert identification of official witness]

100
FORM NO. 5 - PERFORMANCE SECURITY [Option 1-Unconditional Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: [insert name and Address of Employer]

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

1. We have been informed that (hereinafter called

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

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

performance guarantee is required.

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

the Beneficiary any sum or sums not exceeding in total an amount of
(in words ), such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, upon receipt by us of the Beneficiary's complying demand
supported by the Beneficiary's statement, whether in the demand itself or in a separate
signed document accompanying or identifying the demand, stating that the Applicant is
in breach of its obligation(s) under the Contract, without the Beneficiary needing to
prove or to show grounds for your demand or the sum specified therein.
4. This guarantee shall expire, no later than the …. Day of …………, 2...…, and any demand
for payment under it must be received by us at the office indicated above on or before
that date.

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

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

101
FORM No. 6 - PERFORMANCE SECURITY [Option 2– Performance Bond]

[Guarantor letterhead or SWIFT identifier code]

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

PERFORMANCE BOND No.:

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

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

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

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

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

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

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

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

102
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

103
FORM NO. 7 - ADVANCE PAYMENT SECURITY [Demand Bank Guarantee]

[Guarantor letterhead]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

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

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

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

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

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

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

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

7. 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]

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

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

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

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

3.

e.t
.c

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

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

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

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

(c) holds a right, directly or indirectly, to appoint or remove a director of the company; or
106
 (d) exercises significant influence or control, directly or indirectly, over the company.

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

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

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

person duly authorized to sign the Tender]

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

Tender]

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

shown above]

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

Bidder Official Stamp

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