Supplyand Delivery of Water laboratory reagents and equipment Tender at Bwasco Water & Sewerage PLC
- Dashboard
- Job Detail
INVITATION TOTENDER
PROCURINGENTITY:BWASCOWATERANDSEWERAGEPLCP.OBOX1005-50205
WEBUYE
CONTRACTNAMEANDDESCRIPTION:FRAMEWORKCONTRACTINGFORSUPPLYAND
DELIVERYOFWATERTREATMENTCHEMICALS
1. The BWASCOWater and Sewerage PLC invites all interested tenderers for provision of the above.
2. Tendering will be conducted under the National competitive tendering method using a
standardized tender document. Tendering is open to all qualified and interested Tenderers
.
3. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents during office hours as from 0900 to 1600 hours at the address given below. More
details on the Services are provided in PART 2- Services' Requirements, Section V
Description of Services of the Tender Document
4. Tender documents may be viewed and downloaded for free from the website www.bwasco.or.ke
OR
from the Public Procurement Information Portal (http://www.tenders.go.ke)
Tenderers who download the tender document must forward their particulars immediately to info to
facilitate any further clarification or addendum.
6. All Tenders must be accompanied by a tender securing declaration form.
7. The Tenderer shall (chronologically serialize) all pages of the tender documents submitted
in the sequence of 1, 2, 3.
8. Completed tenders must be delivered to the address below on or before 10:00 a.m, 9TH
FEBRUARY,2026. Electronic Tenders will not be permitted.
9. Tenders will be opened immediately after the deadline date and time specified above or any
deadline date and time specified later via addendum. Tenders will be publicly opened in the
presence of the Tenderers' designated representatives who choose to attend at the address
below.
10. Late tenders will be rejected.
a. The addresses referred to above are:
A. Address for obtaining further information and for purchasing tender documents
1. Name of Procuring Entity: BWASCO WATER AND SEWERAGE PLC
2. Physical address: Opposite Rai Paper Mills– Behind Masinde Muliro University Webuye
Campus.
3. Postal Address P.O Box 1005– 50205 Webuye
4. Email Address: info@bwasco.or.ke
5
B.
Address for Submission of Tenders.
1)
2)
3)
C.
Name of Procuring Entity: BWASCO WATER AND SEWERAGE PLC
Postal Address: P.O BOX 1005- 50205 WEBUYE
5. Physical address: Opposite Rai Paper Mills– Behind Masinde Muliro University Webuye
Campus.
Address for Opening of Tenders.
1)
Name of Procuring Entity BWASCO WATER AND SEWERAGE PLC
6. Physical address location Opposite Rai Paper Mills– Behind Masinde Muliro University
Webuye Campus.
[Authorized Official (name, designation, Signature and date)]
Name………………………………………………………..…(Officialofthe
Procuring Entity issuing the invitation)
Designation; The Managing Director
Signature
Date………………………………
6
SECTIONI-INSTRUCTIONSTOTENDERERS
A. General
1.
Scope of Tender
1.1 This tendering document is for the delivery of Non-Consulting Services, as specified in
Section V, Procuring Entity's Requirements. The name, identification and number of this
tender are specified in the TDS.
1.2 Note:site visit is not applicable in this category.
2.
Throughout this tendering document:
The terms:
a)
b)
c)
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;
if the contexts or esquires, “singular” means “plural” and vice versa; and
“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 the
Procuring Entity's official public holidays.
2.2 Thesuccessful Tenderer will be expected to complete the performance of the Services by the
Intended Completion Date provided in the TDS.
3.
Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and
Asset Disposal Act, 2015 (the Act), 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.
3.2 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.
3.3 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 TDS and make available to all the firms together with
this tender document all Information that would in that respect gives such firm any unfair
competitive advantage over competing firms.
3.4 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. The Procuring
Entity shall indicate in the TDS firms (if any) that provided consulting services for the
contract being tendered for. The Procuring Entity shall check whether the owners or
controllers of the Tenderer are same as those that provided consulting services. The Procuring
Entity shall, upon request, make available to any tenderer information that would give such
firm unfair competitive advantage over competing firms.
7
4.
Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity or institution subject to
ITT 4.6, or any combination of such entities in the form of a Joint Venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a Form of
intent. 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. Members of a joint venture may not also make an
individual tender, be a sub contract or in a separate tender or be part of another joint venture
for the purposes of the same Tender. The maximum number of JV members shall be specified
in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse in which they have a substantial or controlling interest
shall not be eligible to tender or be awarded contract. Public Officers are also not allowed to
participate in any procurement proceedings.
4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of
interest shall be disqualified. A Tenderer may be considered to have a conflict of interest for
the purpose of this Tendering process, if the Tenderer:
a Directly or 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 Hasthesamelegal representative as another Tenderer; or
d Has a relationship with another Tenderer, directly or through common third parties, that
puts it in a position to influence the Tender of another Tenderer, or influence the decisions
of the Procuring Entity regarding this Tendering process; or
e Or
anyofitsaffiliatesparticipatedasaconsultantinthepreparationoftheProcuringEntity'sRequirem
ent s (including Activities Schedules, Performance Specifications and Drawings) for the
Non-Consulting Services 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 2. 1 that it provided or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with that firm; or
h hasaclose business or family relationship with a professional staff of the Procuring Entity
or of the project implementing agency, who:
i.
are directly or in directly 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
conflicts teeming from such relationship has been resolved in a manner acceptable to
the Procuring Entity throughout the procurement process and execution of the Contract.
4.4 A firm that is a Tenderer (either individually or as a JV member) shall not participate in more
than one tender, except for permitted alternative Tenders. This includes participation as a
subcontractor. Such participation shall result in the disqualification of all Tenders in which the
firm is involved. A firm that is not a Tenderer or a JV member may participate as a sub
contractor in more than one Tender.
4.5 ATenderer may have the nationality of any country, subject to the restrictions pursuant to ITT 4 .9.
4.6 A Tenderer that has been sanctioned by PPRA or are under a temporary suspension or a
debarment imposed by any other entity of the Government of Kenya shall be ineligible to be
8
pre-qualified for, initially selected for, tender for, propose for, or be awarded a contract during
such period of sanctioning. The list of debarred firms and individuals is available at the PPRA
Websitewww.ppra.go.ke
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and
be awarded a Contract(s) only if they can establish that they: (i) are legally and financially
autonomous; (ii) operate under Commercial law; and (iii) are not under supervision of the Procuring
Entity.
4.8 Firms and individuals may be ineligible if (a) as a matter of law or official regulations, Kenya
prohibits commercial relations with that country, or (b) by an act of compliance with a decision of
the United Nations Security Council take under Chapter VII of the Charter of the United Nations,
Kenya prohibits any import of goods or contracting of works or services from that country, or any
payments to any country, person or entity in that country.
4.9 A Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
incorporated or registered in and operates in conformity with the provisions of the laws of that
country, as evidenced by its articles of incorporation (or equivalent documents of constitution or
association) and its registration documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or sub consultants for any part of the
Contract including related Services.
4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, subcontracts and labor) from national suppliers and contractors. To this end, a foreign
tenderer shall provide in its tender documentary evidence that this requirement is met. Foreign
tenderers not meeting this criterion will be automatically disqualified. Information required to
enable the Procuring Entity determine if this condition is met shall be provided in for this purpose is
be provided in “SECTION III-EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
4.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than
percent
51
ownership by Kenyan citizens. JVs are considered as foreign tenderers if the individual
member firms are not registered in Kenya or if are registered in Kenya and have less than 51
percent ownership by Kenyan citizens. The JV shall not sub contract to foreign firms more than 10
percent of the contract price, excluding provisional sums.
4.12 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 BWASCO WATER AND SEWERAGE PLC may be accessed
from the website www.info@bwasco.or.ke
4.13 A Tenderer may be considered ineligible if he/she offers 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.
4.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing a valid tax compliance certificate or tax exemption certificate is sued by
the Kenya Revenue Authority.
5
Qualification of the Tenderer
5.1 All Tenderers shall provide in Section IV, Tendering Forms, a preliminary description of the
proposed work method and schedule, including drawings and charts, as necessary.
5.2 In the event that pre-qualification of Tenderers has been undertaken as stated in ITT 18.3, the
provisions on qualifications of the Section III, Evaluation and Qualification Criteria shall not apply.
9
B.
Contents of Tendering Document
6 Sections of Tendering Document
6.1 Thetendering document consists 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 ITT 10.
PART1: Tendering Procedures
i)
ii)
iii)
iv)
Section I- Instructions to Tenderers (ITT)
Section II- Tender Data Sheet (TDS)
Section III- Evaluation and Qualification Criteria
Section IV- Tendering Forms
PART2: Procuring Entity's Requirements
v)
Section V-Procuring Entity's Requirements
PART3: Contract
vi)
vii)
Section VI- General Conditions of Contract (GCC)
Section VII- Special Conditions of Contract (SCC)
viii) Section VIII- Contract Forms
6.2 The Invitation to Tender (ITT) notice or the notice to pre-qualify Tenderers, as the case may be,
issued by the Procuring Entity is not part of this tendering document.
6.3 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 ITT 10. In case
of any contradiction, documents obtained directly from the Procuring Entity shall prevail.
6.4 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.
7.
Site Visit
7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the Site of the Required Services and its surroundings and obtain all information that may
be necessary for preparing the Tender and entering in to a contract for the Services. The costs of
visiting the Site shall beat the Tenderer's own expense.
8
Pre-Tender Meeting
8.1 The Procuring Entity shall specify in the TDS if a pre-tender conference will be held, when and
where. The Procuring Entity shall also specify in the TDS if a pre-arranged pretender site visit will
be held and when. The Tenderer's designated representative is invited to attend a pre-arranged
pretender visit of the site of the works. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.
8.2 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.
8.3 Minutes of the pre-Tender meeting and the pre-arranged pre tender visit of the site of the service, 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 ITT6.3. Minutes shall not identify the
source of the questions asked.
8.4 TheProcuring Entity shall also promptly publish anonymized (no names) Minutes of the pre-Tender
meeting and the pre-arranged pretender visit of the site of the service at the web page identified in
10
9
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 ITT10 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.
Clarification of Tender Documents
9.1 ATenderer 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 and the pre- arranged pretender visit of the site of the Service if provided for in
accordance with ITT 8.4. 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 6.3,
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 webpage 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 appropriately following the procedure under
ITT 8.4.
10 AmendmentofTender Documents
10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend the
Tendering document by issuing addenda.
10.2 Any addendum issued shall be part of the tendering document and shall be communicated in writing
to all who have obtained the tendering 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 8.4.
10.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their Tenders, the Procuring Entity shall extend, as necessary, the deadline for submission
of Tenders, in accordance with ITT 24.2 below.
C. Preparation of Tenders
11 CostofTendering
11.1 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.
12 Languageof Tender
12.1 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 the 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.
13 Documents Comprising the Tender
13.1 The Tender shall comprise the following:
a FormofTender prepared in accordance with ITT 14;
b Schedules: priced Activity Schedule completed in accordance with ITT 14 and ITT 16;
c TenderSecurity or Tender-Securing Declaration in accordance with ITT 21.1;
11
d Alternative Tender: if permissible in accordance with ITT 15;
e Authorization: written confirmation authorizing the signatory of the Tender to commit
the Tenderer, in accordance with ITT 22.3;
f
Qualifications: documentary evidence in accordance with ITT 19 establishing the
Tenderer's qualifications to perform the Contract if its Tender is accepted;
g Tenderer's Eligibility: documentary evidence in accordance with ITT 19 establishing
the Tenderer's eligibility to Tender;
h Conformity: documentary evidence in accordance with ITT 18, that the Services conform to
the tendering document; and
i
Any other document required in the TDS.
The Tenderer shall chronologically serialize pages of all tender documents submitted.
13.2 In addition to the requirements under ITT 13.1, Tenders submitted by a JV shall include a copy of
the Joint Venture Agreement entered into by all members. Alternatively, a Form 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.
13.3 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if any, paid or
to be paid to agents or any other party relating to this Tender.
PROCURINGENTITY:BWASCOWATERANDSEWERAGEPLCP.OBOX1005-50205
WEBUYE
CONTRACTNAMEANDDESCRIPTION:FRAMEWORKCONTRACTINGFORSUPPLYAND
DELIVERYOFWATERTREATMENTCHEMICALS
1. The BWASCOWater and Sewerage PLC invites all interested tenderers for provision of the above.
2. Tendering will be conducted under the National competitive tendering method using a
standardized tender document. Tendering is open to all qualified and interested Tenderers
.
3. Qualified and interested tenderers may obtain further information and inspect the Tender
Documents during office hours as from 0900 to 1600 hours at the address given below. More
details on the Services are provided in PART 2- Services' Requirements, Section V
Description of Services of the Tender Document
4. Tender documents may be viewed and downloaded for free from the website www.bwasco.or.ke
OR
from the Public Procurement Information Portal (http://www.tenders.go.ke)
Tenderers who download the tender document must forward their particulars immediately to info to
facilitate any further clarification or addendum.
6. All Tenders must be accompanied by a tender securing declaration form.
7. The Tenderer shall (chronologically serialize) all pages of the tender documents submitted
in the sequence of 1, 2, 3.
8. Completed tenders must be delivered to the address below on or before 10:00 a.m, 9TH
FEBRUARY,2026. Electronic Tenders will not be permitted.
9. Tenders will be opened immediately after the deadline date and time specified above or any
deadline date and time specified later via addendum. Tenders will be publicly opened in the
presence of the Tenderers' designated representatives who choose to attend at the address
below.
10. Late tenders will be rejected.
a. The addresses referred to above are:
A. Address for obtaining further information and for purchasing tender documents
1. Name of Procuring Entity: BWASCO WATER AND SEWERAGE PLC
2. Physical address: Opposite Rai Paper Mills– Behind Masinde Muliro University Webuye
Campus.
3. Postal Address P.O Box 1005– 50205 Webuye
4. Email Address: info@bwasco.or.ke
5
B.
Address for Submission of Tenders.
1)
2)
3)
C.
Name of Procuring Entity: BWASCO WATER AND SEWERAGE PLC
Postal Address: P.O BOX 1005- 50205 WEBUYE
5. Physical address: Opposite Rai Paper Mills– Behind Masinde Muliro University Webuye
Campus.
Address for Opening of Tenders.
1)
Name of Procuring Entity BWASCO WATER AND SEWERAGE PLC
6. Physical address location Opposite Rai Paper Mills– Behind Masinde Muliro University
Webuye Campus.
[Authorized Official (name, designation, Signature and date)]
Name………………………………………………………..…(Officialofthe
Procuring Entity issuing the invitation)
Designation; The Managing Director
Signature
Date………………………………
6
SECTIONI-INSTRUCTIONSTOTENDERERS
A. General
1.
Scope of Tender
1.1 This tendering document is for the delivery of Non-Consulting Services, as specified in
Section V, Procuring Entity's Requirements. The name, identification and number of this
tender are specified in the TDS.
1.2 Note:site visit is not applicable in this category.
2.
Throughout this tendering document:
The terms:
a)
b)
c)
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;
if the contexts or esquires, “singular” means “plural” and vice versa; and
“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 the
Procuring Entity's official public holidays.
2.2 Thesuccessful Tenderer will be expected to complete the performance of the Services by the
Intended Completion Date provided in the TDS.
3.
Fraud and Corruption
3.1 The Procuring Entity requires compliance with the provisions of the Public Procurement and
Asset Disposal Act, 2015 (the Act), 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.
3.2 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.
3.3 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 TDS and make available to all the firms together with
this tender document all Information that would in that respect gives such firm any unfair
competitive advantage over competing firms.
3.4 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. The Procuring
Entity shall indicate in the TDS firms (if any) that provided consulting services for the
contract being tendered for. The Procuring Entity shall check whether the owners or
controllers of the Tenderer are same as those that provided consulting services. The Procuring
Entity shall, upon request, make available to any tenderer information that would give such
firm unfair competitive advantage over competing firms.
7
4.
Eligible Tenderers
4.1 A Tenderer may be a firm that is a private entity, a state-owned entity or institution subject to
ITT 4.6, or any combination of such entities in the form of a Joint Venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a Form of
intent. 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. Members of a joint venture may not also make an
individual tender, be a sub contract or in a separate tender or be part of another joint venture
for the purposes of the same Tender. The maximum number of JV members shall be specified
in the TDS.
4.2 Public Officers, of the Procuring Entity, their Spouses, Child, Parent, Brothers or Sister. Child,
Parent, Brother or Sister of a Spouse in which they have a substantial or controlling interest
shall not be eligible to tender or be awarded contract. Public Officers are also not allowed to
participate in any procurement proceedings.
4.3 A Tenderer shall not have a conflict of interest. Any Tenderer found to have a conflict of
interest shall be disqualified. A Tenderer may be considered to have a conflict of interest for
the purpose of this Tendering process, if the Tenderer:
a Directly or 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 Hasthesamelegal representative as another Tenderer; or
d Has a relationship with another Tenderer, directly or through common third parties, that
puts it in a position to influence the Tender of another Tenderer, or influence the decisions
of the Procuring Entity regarding this Tendering process; or
e Or
anyofitsaffiliatesparticipatedasaconsultantinthepreparationoftheProcuringEntity'sRequirem
ent s (including Activities Schedules, Performance Specifications and Drawings) for the
Non-Consulting Services 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 2. 1 that it provided or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with that firm; or
h hasaclose business or family relationship with a professional staff of the Procuring Entity
or of the project implementing agency, who:
i.
are directly or in directly 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
conflicts teeming from such relationship has been resolved in a manner acceptable to
the Procuring Entity throughout the procurement process and execution of the Contract.
4.4 A firm that is a Tenderer (either individually or as a JV member) shall not participate in more
than one tender, except for permitted alternative Tenders. This includes participation as a
subcontractor. Such participation shall result in the disqualification of all Tenders in which the
firm is involved. A firm that is not a Tenderer or a JV member may participate as a sub
contractor in more than one Tender.
4.5 ATenderer may have the nationality of any country, subject to the restrictions pursuant to ITT 4 .9.
4.6 A Tenderer that has been sanctioned by PPRA or are under a temporary suspension or a
debarment imposed by any other entity of the Government of Kenya shall be ineligible to be
8
pre-qualified for, initially selected for, tender for, propose for, or be awarded a contract during
such period of sanctioning. The list of debarred firms and individuals is available at the PPRA
Websitewww.ppra.go.ke
4.7 Tenderers that are state-owned enterprises or institutions in Kenya may be eligible to compete and
be awarded a Contract(s) only if they can establish that they: (i) are legally and financially
autonomous; (ii) operate under Commercial law; and (iii) are not under supervision of the Procuring
Entity.
4.8 Firms and individuals may be ineligible if (a) as a matter of law or official regulations, Kenya
prohibits commercial relations with that country, or (b) by an act of compliance with a decision of
the United Nations Security Council take under Chapter VII of the Charter of the United Nations,
Kenya prohibits any import of goods or contracting of works or services from that country, or any
payments to any country, person or entity in that country.
4.9 A Tenderer shall be deemed to have the nationality of a country if the Tenderer is constituted,
incorporated or registered in and operates in conformity with the provisions of the laws of that
country, as evidenced by its articles of incorporation (or equivalent documents of constitution or
association) and its registration documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or sub consultants for any part of the
Contract including related Services.
4.10 Foreign tenderers are required to source at least forty (40%) percent of their contract inputs (in
supplies, subcontracts and labor) from national suppliers and contractors. To this end, a foreign
tenderer shall provide in its tender documentary evidence that this requirement is met. Foreign
tenderers not meeting this criterion will be automatically disqualified. Information required to
enable the Procuring Entity determine if this condition is met shall be provided in for this purpose is
be provided in “SECTION III-EVALUATION AND QUALIFICATION CRITERIA, Item 9”.
4.11 Pursuant to the eligibility requirements of ITT 4.10, a tender is considered a foreign tenderer, if the
tenderer is not registered in Kenya or if the tenderer is registered in Kenya and has less than
percent
51
ownership by Kenyan citizens. JVs are considered as foreign tenderers if the individual
member firms are not registered in Kenya or if are registered in Kenya and have less than 51
percent ownership by Kenyan citizens. The JV shall not sub contract to foreign firms more than 10
percent of the contract price, excluding provisional sums.
4.12 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 BWASCO WATER AND SEWERAGE PLC may be accessed
from the website www.info@bwasco.or.ke
4.13 A Tenderer may be considered ineligible if he/she offers 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.
4.14 A Kenyan tenderer shall be eligible to tender if it provides evidence of having fulfilled his/her tax
obligations by producing a valid tax compliance certificate or tax exemption certificate is sued by
the Kenya Revenue Authority.
5
Qualification of the Tenderer
5.1 All Tenderers shall provide in Section IV, Tendering Forms, a preliminary description of the
proposed work method and schedule, including drawings and charts, as necessary.
5.2 In the event that pre-qualification of Tenderers has been undertaken as stated in ITT 18.3, the
provisions on qualifications of the Section III, Evaluation and Qualification Criteria shall not apply.
9
B.
Contents of Tendering Document
6 Sections of Tendering Document
6.1 Thetendering document consists 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 ITT 10.
PART1: Tendering Procedures
i)
ii)
iii)
iv)
Section I- Instructions to Tenderers (ITT)
Section II- Tender Data Sheet (TDS)
Section III- Evaluation and Qualification Criteria
Section IV- Tendering Forms
PART2: Procuring Entity's Requirements
v)
Section V-Procuring Entity's Requirements
PART3: Contract
vi)
vii)
Section VI- General Conditions of Contract (GCC)
Section VII- Special Conditions of Contract (SCC)
viii) Section VIII- Contract Forms
6.2 The Invitation to Tender (ITT) notice or the notice to pre-qualify Tenderers, as the case may be,
issued by the Procuring Entity is not part of this tendering document.
6.3 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 ITT 10. In case
of any contradiction, documents obtained directly from the Procuring Entity shall prevail.
6.4 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.
7.
Site Visit
7.1 The Tenderer, at the Tenderer's own responsibility and risk, is encouraged to visit and examine and
inspect the Site of the Required Services and its surroundings and obtain all information that may
be necessary for preparing the Tender and entering in to a contract for the Services. The costs of
visiting the Site shall beat the Tenderer's own expense.
8
Pre-Tender Meeting
8.1 The Procuring Entity shall specify in the TDS if a pre-tender conference will be held, when and
where. The Procuring Entity shall also specify in the TDS if a pre-arranged pretender site visit will
be held and when. The Tenderer's designated representative is invited to attend a pre-arranged
pretender visit of the site of the works. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.
8.2 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.
8.3 Minutes of the pre-Tender meeting and the pre-arranged pre tender visit of the site of the service, 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 ITT6.3. Minutes shall not identify the
source of the questions asked.
8.4 TheProcuring Entity shall also promptly publish anonymized (no names) Minutes of the pre-Tender
meeting and the pre-arranged pretender visit of the site of the service at the web page identified in
10
9
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 ITT10 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.
Clarification of Tender Documents
9.1 ATenderer 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 and the pre- arranged pretender visit of the site of the Service if provided for in
accordance with ITT 8.4. 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 6.3,
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 webpage 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 appropriately following the procedure under
ITT 8.4.
10 AmendmentofTender Documents
10.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity may amend the
Tendering document by issuing addenda.
10.2 Any addendum issued shall be part of the tendering document and shall be communicated in writing
to all who have obtained the tendering 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 8.4.
10.3 To give prospective Tenderers reasonable time in which to take an addendum into account in
preparing their Tenders, the Procuring Entity shall extend, as necessary, the deadline for submission
of Tenders, in accordance with ITT 24.2 below.
C. Preparation of Tenders
11 CostofTendering
11.1 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.
12 Languageof Tender
12.1 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 the 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.
13 Documents Comprising the Tender
13.1 The Tender shall comprise the following:
a FormofTender prepared in accordance with ITT 14;
b Schedules: priced Activity Schedule completed in accordance with ITT 14 and ITT 16;
c TenderSecurity or Tender-Securing Declaration in accordance with ITT 21.1;
11
d Alternative Tender: if permissible in accordance with ITT 15;
e Authorization: written confirmation authorizing the signatory of the Tender to commit
the Tenderer, in accordance with ITT 22.3;
f
Qualifications: documentary evidence in accordance with ITT 19 establishing the
Tenderer's qualifications to perform the Contract if its Tender is accepted;
g Tenderer's Eligibility: documentary evidence in accordance with ITT 19 establishing
the Tenderer's eligibility to Tender;
h Conformity: documentary evidence in accordance with ITT 18, that the Services conform to
the tendering document; and
i
Any other document required in the TDS.
The Tenderer shall chronologically serialize pages of all tender documents submitted.
13.2 In addition to the requirements under ITT 13.1, Tenders submitted by a JV shall include a copy of
the Joint Venture Agreement entered into by all members. Alternatively, a Form 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.
13.3 The Tenderer shall furnish in the Form of Tender information on commissions and gratuities, if any, paid or
to be paid to agents or any other party relating to this Tender.
Job Info
Job Category:
Tenders in Kenya
Job Type:
Full-time
Deadline of this Job: Monday, February 9 2026
Duty Station: Nairobi | Nairobi
Posted:
09-02-2026
No of Jobs:
1
Start Publishing:
09-02-2026
Stop Publishing (Put date of 2030):
06-02-2036
Apply Now
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