Common use of Requirements Clause in Contracts

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 1.1above. 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 be low 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 sub section (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;

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

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-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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

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 1.1above. 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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low 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 conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section (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 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;

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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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 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. 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:

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 1.1above. 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 be low 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 sub section (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 KPRL under subsection (7) does not limit any legal remedy the procuring entity KPRL may have;

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 providersor 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 1.1above. 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 be low 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 sub section (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;

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 1.1above1.1 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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;—

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 1.1above. 2.2 1.1 above. Kenya's ’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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A : a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts conflicts of interest in any procurement or asset disposal proceeding; 2) ; A person referred to under sub section 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 — disqualified from entering into a contract for a procurement or asset disposal proceeding; or b) or 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;; 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:- shall not take part in the procurement proceedings; shall not, after a procurement contract has been entered into, take part in any decision relating to the procurement or contract; and 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. 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; 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. In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity: Defines broadly, for the purposes of the above provisions, the terms set forth below as follows: “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “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; “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; “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; “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. 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 award1 of a contract if PPRA determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; 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; 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 inspect2 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 appropriate authority appointed by Government of Kenya; and Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their Applications/Tenders/Proposals a “Self-Declaration Form” as included in the procurement document declaring that they and all parties involved in the procurement process and contract execution have not engaged/will not engage in any corrupt or fraudulent practices. 1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and tendering, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract. TENDERER INFORMATION FORM (MANDATORY) Date: ………………………………………… [insert date (as day, month and year) of Tender submission] Tender Name and Identification:................................. [Insert identification

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 providersor 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 1.1above. 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 be low 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 orfraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section (1) who contravenes the provisions of that sub-section commits an offenceanoffence; 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 theprocuring entity may have;

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 1.1above1.1 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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 KPLC under subsection (7) does not limit any legal remedy the procuring entity KPLC may have; 5) An employee or agent of KPLC or a member of the Board or committee of KPLC 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 KPLC; 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. 2.3 In compliance with Kenya's laws, regulations and policies mentioned above, KPLC: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:

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 1.1above. 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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low 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 conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section (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;

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above. 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 be low 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 sub section (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;

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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;—

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 standardof 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 Kenya'slaws and Regulations as per paragraphs 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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 awardedcontract, 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 personor 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. 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:

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-Sub- consultants, Service providers or Suppliers; any Agents (whether declared or not); and any of their Personnel, involved and engaged in engagedin 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 1.1above. 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 be low 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 collusiveor fraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section (1) who contravenes the provisions of that sub-sub- section commits an commitsan 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 remedythe procuring entity may have;

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 1.1above1.1 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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section 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 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 KPLC under subsection (7) does not limit any legal remedy the procuring entity KPLC may have; 5) An employee or agent of KPLC or a member of the Board or committee of KPLC 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 KPLC; 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. 2.3 In compliance with Kenya's laws, regulations and policies mentioned above, KPLC: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:

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 1.1above. 2.2 1.1 above. Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

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 1.1above. 2.2 1.1 above. 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 be low 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 sub section 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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. 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:

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-Sub- consultants, Service providers or Suppliers; any Agents (whether 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 1.1above. 2.2 paragraphs1.1above. 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1i) 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; 2ii) A person referred to under sub section subsection (1) who contravenes the provisions of that sub-section commits an offence; 3iii) 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; 4iv) The voiding of a contract by the procuring entity under subsection (7) does not limit any legal remedy the procuring entity may have; v) 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 tenderer to whom was awarded contract, or a member of the group of tenderers of whom the contract was awarded, but the subcontractor appointed shall meet all the requirements of this Act. vi) 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; vii) 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. Incompliance 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:

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 1.1above. 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 be low 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, and collusive or Or fraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section (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 Disqualified from entering into a contract for a procurement or asset disposal proceeding; or b) if 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;

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-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 1.1above. 2.2 1.1 above. 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 be low 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 sub section subsection (1) who contravenes the provisions of that sub-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 KPLC under subsection (7) does not limit any legal remedy the procuring entity KPLC may have; 5) An employee or agent of KPLC or a member of the Board or committee of KPLC 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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 KPLC; 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. In compliance with Kenya's laws, regulations and policies mentioned above, KPLC: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:

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 1.1above. 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 be low 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 sub section (1) who contravenes the provisions of that sub-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;

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 1.1above. 2.2 1.1 above. 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 be low 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 sub section 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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. In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:

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 1.1above. 2.2 1.1 above. Kenya's ’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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A : a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts conflicts of interest in any procurement or asset disposal proceeding; 2) ; A person referred to under sub section 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 — disqualified from entering into a contract for a procurement or asset disposal proceeding; or b) or 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;; 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: - shall not take part in the procurement proceedings; shall not, after a procurement contract has been entered into, take part in any decision relating to the procurement or contract; and 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. 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; 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. In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity: Defines broadly, for the purposes of the above provisions, the terms set forth below as follows: “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “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; “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; “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; “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. 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 award1 of a contract if PPRA determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; 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; 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 inspect2 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 appropriate authority appointed by Government of Kenya; and Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their Applications/Tenders/Proposals a “Self- Declaration Form” as included in the procurement document declaring that they and all parties involved in the procurement process and contract execution have not engaged/will not engage in any corrupt or fraudulent practices. 1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and tendering, either directly or as a nominated sub- contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract. 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]

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 1.1above1.1 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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 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. 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:

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 1.1above. 2.2 1.1 above. 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 be low 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 sub section 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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)

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above1.1 above. 2.2 Kenya's 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 2.3 In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows: i) corrupt practice‖ is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; ii) fraudulent practice‖ is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation; iii) collusive practice‖ is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; iv) coercive practice‖ is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; v) obstructive practice‖ is: • deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede investigation by Public Procurement Regulatory Authority (PPRA) or any other appropriate authority appointed by Government of Kenya into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or • acts intended to materially impede the exercise of the PPRA's or the appointed authority's inspection and audit rights provided for under paragraph 2.3 e. below. b) Defines more specifically, in accordance with the above procurement Act provisions set forth for fraudulent and collusive practices as follows: "fraudulent practice" includes a misrepresentation of fact in order to influence a procurement or disposal process or the exercise of a contract to the detriment of the procuring entity or the tenderer or the contractor, and includes collusive practices amongst tenderers prior to or after tender submission designed to establish tender prices at artificial non-competitive levels and to deprive the procuring entity of the benefits of free and open competition. c) Rejects a proposal for award1 of a contract if PPRA determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; d) Pursuant to the Kenya's above stated Acts and Regulations, may sanction or debar or recommend to appropriate authority (ies) for sanctioning and debarment of a firm or individual, as applicable under the Acts and Regulations; e) Requires that a clause be included in Tender documents and Request for Proposal documents requiring (i) Tenderers (applicants/proposers), Consultants, Contractors, and Suppliers, and their Sub-contractors, Sub-consultants, Service providers, Suppliers, Agents personnel, permit the PPRA or any other appropriate authority appointed by Government of Kenya to inspect2 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 appropriate authority appointed by Government of Kenya; and f) Pursuant to Section 62 of the above Act, requires Applicants/Tenderers to submit along with their Applications/Tenders/Proposals a ―Self-Declaration Form‖ as included in the procurement document declaring that they and all parties involved in the procurement process and contract execution have not engaged/will not engage in any corrupt or fraudulent practices. 1For the avoidance of doubt, a party's ineligibility to be awarded a contract shall include, without limitation,

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-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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section subsection (1) who contravenes the provisions of that sub-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. 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:

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-Sub- consultants, Service providers or Suppliers; any Agents anyAgents (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 executionof all contracts, and refrain from Fraud and Corruption and fully comply with Kenya's laws and Regulations as per paragraphs 1.1above. 2.2 1.1 above. Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes rules to be followed and actions to actionsto be taken in dealing with Corrupt, Coercive, Obstructive, Collusive or Fraudulent practices, and Conflicts of Interest in procurement inprocurement including consequences for offences committed. A few of the provisions noted be low 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 orfraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section 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 procuringentity may have; 5) An employee or agent of the procuring entity or a member of the Board or committee of the procuring entity whohas 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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 thatsubsection, 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 indirectpecuniary interest, the contract shall be terminated and all costs incurred by the public entity shall be made good by the awarding officer. Etc. In compliance with Kenya's laws, regulations and policies mentioned above, the Procuring Entity:

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-Sub- consultants, Service providers or Suppliers; any Agents anyAgents (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 executionof all contracts, and refrain from Fraud and Corruption and fully comply with Kenya's laws and Regulations as per paragraphs 1.1above. 2.2 1.1 above. Kenya's public procurement and asset disposal act (no. 33 of 2015) under Section 66 describes rules to be followed and actions to actionsto be taken in dealing with Corrupt, Coercive, Obstructive, Collusive or Fraudulent practices, and Conflicts of Interest in procurement inprocurement including consequences for offences committed. A few of the provisions noted be low 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 orfraudulent practice; or conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section 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 procuringentity may have; 5) An employee or agent of the procuring entity or a member of the Board or committee of the procuring entity whohas 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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 thatsubsection, 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 indirectpecuniary interest, the contract shall be terminated and all costs incurred by the public entity shall be made good by the awarding officer. Etc. 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:

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 1.1above1.1 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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section 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. 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:

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 1.1above. 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 be low 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 sub section (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: -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 voidablebevoidable; 4) The voiding of a contract by the procuring entity under subsection (7) does not limit any legal remedy the procuring entity may have;

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-Sub- contractors, Sub-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 andfully comply with Kenya's laws and Regulations as per paragraphs 1.1above. 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 be low 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 sub section (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;

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-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 1.1above1.1 above. 2.2 Kenya's ’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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section 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 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. 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:

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above. 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 be low 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 sub section (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;

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 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's policy of no tolerance for such practices and behavior: 1) A 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 sub section subsection (1) who contravenes the provisions of that sub-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. 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:

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-consultantsSubconsultants, 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 1.1above. 2.2 1.1 above. 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 be low 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 sub section subsection (1) who contravenes the provisions of that sub-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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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. 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:

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-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 1.1above. 2.2 1.1 above. 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 be low 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 sub section subsection (1) who contravenes the provisions of that sub-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 KPLC under subsection (7) does not limit any legal remedy the procuring entity KPLC may have; 5) An employee or agent of KPLC or a member of the Board or committee of KPLC 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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 KPLC; 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. In compliance with Kenya's laws, regulations and policies mentioned above, KPLC: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:

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 ’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 ’s laws and Regulations as per paragraphs 1.1above1.1 above. 2.2 Kenya's ’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 Conflicts of Interest in procurement including consequences for offences committed. A few of the provisions noted be low below highlight Kenya's ’s policy of no tolerance for such practices and behavior: 1) A a person to whom this Act applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts conflicts of interest in any procurement or asset disposal proceeding; 2) A person referred to under sub section 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 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 KPLC under subsection (7) does not limit any legal remedy the procuring entity KPLC may have; 5) An employee or agent of KPLC or a member of the Board or committee of KPLC 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 KPLC; 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. 2.3 In compliance with Kenya’s laws, regulations and policies mentioned above, KPLC: a) Defines broadly, for the purposes of the above provisions, the terms set forth below as follows:

Requirements. 2.1 The Government of Kenya requires that all parties including Procuring Entities, Tenderers, (applicants/proposers), Consultants, Contractors and Suppliers; any Sub-Sub- contractors, Sub-Sub- consultants, Service providers or Suppliers; any Agents (whether declared or not); and any of anyof their Personnel, involved and engaged in procurement under Kenya's ’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 ’s laws and Regulations as per paragraphs 1.1above1.1 above. 2.2 Kenya's ’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 be low below highlight Kenya's ’s policy of no tolerance for such practices and behavior: 1) A 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 sub section 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 committeeof the procuring entity who has a conflict of interest with respect to 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, thecontract shall be terminated and all costs incurred by the public entity shall be made good by the awarding officer. Etc. 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:

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 1.1above. 2.2 1.1 above. 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 be low 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 sub section 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 tenderer to whom was awarded contract, or a member of the group of tenderers to whom the contract was awarded, but the subcontract or 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. 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: