Common use of Litigation History Clause in Contracts

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last_ (specify years). All parties to the contract shall furnish the information on the related Form (CON-2) about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the years specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender. Form of Tender Tenderer Information Form Tenderer JV Members Information Form Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule: Goods Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule – Related Services Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) Form of Tender-Securing Declaration Manufacturer‘s Authorization Form Sample Submission Form i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the Tenderer’s complete name and business address. ii) All italicized text is to help Tenderer in preparing this form. iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF DECLARATION OF THE TENDERER attached to this Form of Tender. a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda issued in accordance with Instructions to tenderers (ITT 7);

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last_ last (specify years). All parties to the contract shall furnish the information on the related Form (CON-2CON- 2) about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the years specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender. Form of Tender Tenderer Information Form Tenderer JV Members Information Form Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule: Goods Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule – Related Services Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) Form of Tender-Securing Declaration Manufacturer‘s Manufacturer’s Authorization Form Sample Submission Form i) The Tenderer must prepare INSTRUCTIONS TO TENDERERS submission] Tender Name and Identification: ....................[insert identification] Alternative No.: .............................................[insert identification No if this Form of is a Tender on stationery with its letterhead clearly showing the Tenderer’s for an alternative] To [Insert complete name and business address. ii) All italicized text is to help Tenderer of Procuring Entity] Proposal-Securing Declaration in preparing this form. iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF DECLARATION OF THE TENDERER attached to this Form of Tender. a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda issued Kenya in accordance with Instructions ITT 3.6; Conformity: We offer to tenderers (ITT 7);supply in conformity with the Tendering document and in accordance with the Delivery Schedules specified in the Schedule of Requirements the following Goods: [insert a brief description of the Goods and Related Services]; Option 1, in case of one lot: Total price is: [insert the total price of the Tender in words and figures, indicating the various amounts and the respective currencies]; or

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last_ last (specify years). All parties to the contract shall furnish the information on the related Form (CON-2) about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the years specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender. Form of Tender Tenderer Information Form Tenderer JV Members Information Form Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule: Goods Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule – Related Services Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) Form of Tender-Securing Declaration Manufacturer‘s Manufacturer’s Authorization Form Sample Submission Form i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the Tenderer’s 's complete name and business address. ii) All italicized text is to help Tenderer in preparing this form. iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF DECLARATION OF THE TENDERER attached to this Form of Tender. a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda issued in accordance with Instructions to tenderers (ITT 7);

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last_ last (specify Specify years). All parties to the contract shall furnish the information on in the related Form (CON-2) appropriate form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the years year’s specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tendertender To proof eligibility, the Bidder shall provide the documentary evidence as specified in Section IV TenderingForms and Support Documents. At the preliminary examination bids, the Bidder shall be required to meet the following eligibility criteriawithout material deviations, reservations or omissions, otherwise the bid shall be assessed as non responsive to the requirements of the tender documents and not considered for further evaluation. Stage 1: Mandatory Requirement / Preliminary Evaluation 1. Submit a Copy of Certificate of Business Registration/Incorporation or its equivalent 2. Submit a Copy of Tax Compliance Certificate or Tax ClearanceCertificate issued by the Kenya Revenue Authority valid for at least up to the Tender Closing date 3. Must attach duly filled, signed and stamped Tenderer Information Form.The Form shall include the following: Certificate of incorporation A valid tax compliancecertificate to be verified on KRA TCC checker A copy of CR12/CR13 issued by the Registrar of companies (Not older than12 Months) from tender closing date ITEM MANDATORY REQUIREMENT (MR) TO BE MET BY THE TENDERER YES NO Attach the currentbusiness permit/Trade License for the Firm Head Office from the countygovernment. 4. Attach a duly filled, signed and stamped Form of Tender Tenderer Information Form Tenderer JV Members Information Form Price Schedule: Goods Manufactured Outside Kenya, to be Imported Price Schedule: Goods Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule – Related Services Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) Form of Tender-Securing Declaration Manufacturer‘s Authorization Form Sample Submission Form i) The the format provided the Tenderer must prepare this Form of Tender on stationery with its letterhead letter head clearly showing the Tenderer’s 's complete name andbusiness address – Instructions to the tenderer in italic to be deleted) The Form of Tender shall include the following Forms duly completed,signed and business address. iistamped by the Tenderer Authorized Person. • Certificate of Independent Tender Determination • Self-Declaration of the Tenderer - Form SD1 And Form SD2 • Tenderer's Eligibility-Confidential Business Questionnaire • Declaration and Commitment to the Code of Ethics. • Duly filled, stamped and signed Tender Declaration Form ITEM MANDATORY REQUIREMENT (MR) All italicized text is to help Tenderer in preparing this form. iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF DECLARATION OF TO BE MET BY THE TENDERER attached to this Form of Tender. a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda issued in accordance with Instructions to tenderers (ITT 7);YES NO

Litigation History. There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last_ last (specify years). All parties to the contract shall furnish the information on the related Form (CON-2CON2) about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the years specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender. SECTION IV - TENDERING FORMS • Form of Tender • Tenderer Information Form • Tenderer JV Members Information Form • Price Schedule: • Goods Manufactured Outside Kenya, to be Imported Price Schedule: • Goods Manufactured Outside Kenya, already imported Price Schedule: Goods Manufactured in Kenya Price and Completion Schedule – Related Services • Form of Tender Security – Demand Guarantee Form of Tender Security (Tender Bond) • Form of Tender-Securing Declaration Manufacturer‘s Manufacturer’s Authorization Form Sample Submission FormFORM OF TENDER INSTRUCTIONS TO TENDERERS i) The Tenderer must prepare this Form of Tender on stationery with its letterhead clearly showing the Tenderer’s complete name and business address. ii) All italicized text is to help Tenderer in preparing this form. iii) Tenderer must complete and sign CERTIFICATE OF INDEPENDENT TENDER DETERMINATION and the SELF DECLARATION OF THE TENDERER attached to this Form of Tender. a) No reservations: We have examined and have no reservations to the Tendering document, including Addenda issued in accordance with Instructions to tenderers (ITT 7);