Common use of FORM CON Clause in Contracts

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 2‌ Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's ’s Name: Date: JV Member's ’s Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivaleShillingequivalentnt) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor Sub-Factor2.32.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicaasindicated ted below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivaleShillingequivalentnt) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigatPendinglitigation ion in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commit]ments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1.. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Crite🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. ria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contracportion of t Amount (currencontract t value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name[insert amount] year] and percentage] / number, and any other identification]Namidentification] Name e of Procuring Entity: [insert full name]Addresname] Address s of Procuring Entity: [insert street/city/country]Reasoncountry] Reason(s(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amodispute dispute unt (currency), Kenya Shill(currency) ing Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispuYear of Amount in Contract Identification Total Contract Amount dispute dispute (currency), Kenya Shilling (currency) Equivalent (exchange rate) te: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Aaward percentage of mount (currency), Net Worth Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [ind[insert amount] year] percentage] icate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for pre_ vious years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commit]ments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivaleShillingequivalentnt) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.32.3as as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange raLitigation History in accordance with Section III, Evaluation and Qualification Criteria te) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Aaward percentage of mount (currency), Net Worth Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [ind[insert amount] year] percentage] icate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for pre_ vious years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *fer Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange raLitigation History in accordance with Section III, Evaluation and Qualification Criteria te) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and KenyandKenya a Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, SuSub-b- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Crite🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, ria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. � � Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria  🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate ) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2. 4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commit]ments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contracportion of t Amount (currencontract t value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name[insert amount] year] and percentage] / number, and any other identification]Namidentification] Name e of Procuring Entity: [insert full name]Addresname] Address s of Procuring Entity: [insert street/city/country]Reasoncountry] Reason(s(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.32.3as as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amodispute dispute unt (currency), Kenya Shill(currency) ing Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispu552 Year of Amount in Contract Identification Total Contract Amount dispute dispute (currency), Kenya Shilling (currency) Equivalent (exchange rate) te: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Aaward percentage of mount (currency), Net Worth Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [ind[insert amount] year] percentage] icate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial informatiinformationin on in (currency) Historic information for pre_ vious years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1.. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange raLitigation History in accordance with Section III, Evaluation and Qualification Criteria te) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert streEntity:[insertstreetet/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification CriteQualificationCriteriaria, SuSub-b- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criter,ia, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Enti:ty: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Enti:ty: Matter in dispute: Party who initiated the dispu:te: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and QualificaandQualification tion Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification CrQualificationCriteriaiteria,Sub- Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [iEntity:[insert nsert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring ProcuringEntityEntity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous yinformation in ears, (amount in currency, currency, exchange rate*rate*,USD _ , USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net WorWorth(NWth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating ActivOperatingActivities ities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaF13. FORM FIN nIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎st Contract non-performance did not occur since 1st1 January [insert year] specified in Section III,, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and QualificatioandQualification n Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contracportion of t Amount (currencontract t value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name[insert amount] year] / number, and any other identification]Namidentification] Name e of Procuring Entity: [insert full name]Addresname] Address s of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2..3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amodispute dispute unt (currency), Kenya Shill(currency) ing Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispu52 Year of Amount in Contract Identification Total Contract Amount dispute dispute (currency), Kenya Shilling (currency) Equivalent (exchange rate) te: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Aaward percentage of mount (currency), Net Worth Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [ind[insert amount] year] percentage] icate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivaleShillingequivalentnt) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Namidentification] Name e of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- FactSubFactor or 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- FSubFactor actor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaF13.Sources of Finance FORM FIN nIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. � � Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria  🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate ) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2. 4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaF13. FORM FIN nIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. � � Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria  🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate ) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2. 4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of fifinance nance to meet the cashflow flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivalent) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, SuSub-b- Factor 2.3. 🞎 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispuYear of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) te: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria,Sub- Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceF1So3u. rceFsOoRf sOoRf FMinaFnIcNe – 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.

FORM CON. 2 Historical Contract Non-Performance, Pending Litigation and Litigation History Tenderer's Name: Date: JV Member's Name ITT No. and title: Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria 🞎 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. 🞎 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, requirement 2.1 Year Non- performed portion of contract Contract Identification Total Contract Amount (current value, currency, exchange rate and Kenya Shilling equivaleShillingequivalentnt) [insert year] [insert amount and percentage] Contract Identification: [indicate complete contract name/ number, and any other identification]Name of Procuring Entity: [insert full name]Address of Procuring Entity: [insert street/city/country]Reason(s) for nonperformance: [indicate main reason(s)] [insert amount] Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria 🞎 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.3. 🞎 Pending litigatPendinglitigation ion in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below. Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Contract Identification: Name of Procuring Entity: Address of Procuring Entity: Matter in dispute: Party who initiated the dispute: Status of dispute: Litigation History in accordance with Section III, Evaluation and Qualification Criteria Year of dispute Amount in dispute (currency) Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) 🞎 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4. 🞎 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub- Factor 2.4 as indicated below. Year of award Outcome as percentage of Net Worth Contract Identification Total Contract Amount (currency), Kenya Shilling Equivalent (exchange rate) [insert year] [insert percentage] Contract Identification: [indicate complete contract name, number, and any other identification] Name of Procuring Entity: [insert full name] Address of Procuring Entity: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Procuring Entity” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] [insert amount] Financial Situation and Performance Tenderer's Name: Date: JV Member's Name ITT No. and title: Financial Data Type of Financial information in (currency) Historic information for previous years, (amount in currency, currency, exchange rate*, USD equivalent) Year 1 Year 2 Year 3 Year 4 Year 5 Statement of Financial Position (Information from Balance Sheet) Total Assets (TA) Total Liabilities (TL) Total Equity/Net Worth (NW) Current Assets (CA) Current Liabilities (CL) Working Capital (WC) Information from Income Statement Total Revenue (TR) Profits Before Taxes (PBT) Cash Flow Information Cash Flow from Operating Activities *Refer to ITT 15 for the exchange rate 1S3o.urceFsOoRf FMinaFnIcNe –Sources of Finance 3.1: Specify sources of finance to meet the cash flow requirements on works currently in progress and for future contract commitments.