EPRA/890/0001/2026-27 Purchase of Office Building (Ene…

What is being bought

Energy Regulatory Commission invites tenders for the sale to it of an immovable property, an office building (land and buildings), as specified in the Schedule of Requirements. The building must be in Nairobi City County and its environs, with a minimum lettable area of 100,000 sq.ft. (only the Schedule summary is visible in the reviewed pages; full schedule not reviewed).

What could disqualify you

Public officers of the procuring entity, and their spouses, children, parents, brothers or sisters (and related business associates or firms in which they have a substantial or controlling interest) are not eligible to tender or be awarded a contract. Standard rule D1 p.6
A tenderer with a conflict of interest is disqualified. Conflicts include common control or ownership with another tenderer, or an affiliate that prepared the specifications or is hired for the contract. Standard rule D1 p.6
Tenderers involved in corrupt, coercive, obstructive or fraudulent practice are automatically disqualified and will not be awarded a contract. Standard rule D1 p.6
Tenderers debarred by PPRA are ineligible. Tenderers must have fulfilled their tax obligations in Kenya. Standard rule D1 p.7
Tenders are rejected as non-responsive if the tender security is not substantially responsive, or if the tender is valid for a shorter period than required. Standard rule D1 p.18
Tenderers that fail to submit required information, or whose information cannot be verified by the procuring entity, will be rejected. Standard rule D1 p.16
Tender documents not provided with minimum mandatory evaluation requirements (e.g. 100,000 sq.ft lettable area, 60 parking spaces, 0.75 acre land coverage, Nairobi location) are listed as mandatory evaluation requirements; failure to meet them makes the tender non-responsive. Unverified D1 p.70

Key facts

Closing: Tue 17 Nov 2026, 11:30 am
Portal closing date and time. P
Bid / tender security: A tender security is required in the amount of KSh 1,000,000.00, in the original form, valid for 30 days beyond the tender validity period. A tender-securing declaration or tender security is accepted; a bank guarantee must use the form in Section IV and be valid 30 days beyond the validity period. Unverified D1 p.52
Tender fee: Not stated in the documents we reviewed Not stated P
Site visit: Not stated in the documents we reviewed Not stated D1
Pre-bid meeting: Optional
No pre-tender meeting will be held. D1 p.45
Reserved for: Not stated in the documents we reviewed Not stated P
Contract value: Not stated in the documents we reviewed Not stated D1 p.137
Tender opening: Not stated in the documents we reviewed Not stated D1 p.23
Tender validity: Not stated in the documents we reviewed Not stated D1 p.52

Who can apply

Tenderers must be the legal owner of the property offered, and the property must be legally registered in their names; evidence of ownership and registration must be provided. Tenderers may be a private entity, a state-owned enterprise or institution. A firm can tender for more than one property. D1 p.7

Application checklist

Tick items off as you prepare. Your ticks stay on this device only.

Required from every bidder

Copy of certificate of incorporation or registration for the bidder (company), or copy of national ID / letter of administration if the tenderer is an individual landlord. D1 p.47
Copy of a valid tax compliance certificate from the Kenya Revenue Authority (KRA) for the bidder. D1 p.47
Copies of valid ownership documents including a duly registered title deed. D1 p.47
Latest CR 12 certificate (not less than 6 months old if owned by a company), national identification documents of the directors, and valid tax compliance certificate of the company. D1 p.48
Self-declaration that the building is free from any financial or legal encumbrance and not sitting in riparian land. D1 p.48
Self-declaration forms SD1 and SD2 (Tenderer's Eligibility & Confidential Business Questionnaire, Self-Declaration of the Tenderer). D1 p.73
Confirmation of updated land rates payment from county government, with a county compliance certificate. D1 p.67
Confirmation of compliance with OSHA requirements from DOSHS (workplace registration certificate to be provided). D1 p.67

Required only in some situations

If agents share details: agents must be registered with the Estate Agents Registration Board (EARB) and be members of the Institution of Surveyors of Kenya (ISK), with proof of valid membership attached. D1 p.67
If bidding as a joint venture: letter of intent to form JV or JV agreement; if a state-owned enterprise or institution: documents establishing legal and financial autonomy, commercial operation and no supervision by the procuring entity, with organisational chart and board list. Standard rule D1 p.88

Experience, licences and financial capacity

Technical

Building must have a minimum lettable area of 100,000 sq.ft. D1 p.67
Building must be located in Nairobi City County and its environs, including Upper Hill, Westlands, along Ngong Road and Nairobi CBD, preferably near other government offices/agencies. D1 p.67
Building should have adequate and modern lifts/elevators if the space is above the ground floor. D1 p.67
Building should be well served by adequate public and major roads for access to and from the CBD and other parts of Nairobi. D1 p.67
Minimum land coverage of the property of three-quarter (3/4) of an acre. D1 p.67
Provision of parking spaces for vehicles of a minimum of 60 spaces. D1 p.67
Tenderer must provide documentary evidence that the offered property conforms to the Schedule of Requirements, with a detailed item-by-item description of essential technical characteristics and any deviations. Standard rule D1 p.15

Financial

Tender price must include a capacity building levy of 0.03% of the tender sum, exclusive of all applicable taxes. Standard rule D1 p.14
Tender must be quoted in Kenyan Shillings (KSH). D1 p.51
Evaluation: the procuring entity evaluates the lowest evaluated tender that is responsive and meets qualification criteria; evaluated price includes applicable taxes and levies payable on transfer of property. Technical pass mark is 80% of technical specifications before financial evaluation. D1 p.70

How and where to submit

Electronic submission is permitted and listed on the portal. Tenders must be received at the procuring entity's address by the deadline; electronic submission follows the TDS electronic procedure. Copies are not required for electronic procurement. The TDS gives no physical address in the reviewed pages. P
Tender must be in English; supporting documents in another language need an accurate English translation. Standard rule D1 p.12
Tender forms must be completed without alterations; any alterations must be initialled by the signatory; all pages serialized. Standard rule D1 p.13
Tender must be signed by a duly authorised signatory in indelible ink; the written authorisation is a Power of Attorney certified by a Commissioner of Oaths. D1 p.54
Tenderers may withdraw, substitute or modify tenders before the submission deadline only, via signed written notice; no change between deadline and end of validity period. Standard rule D1 p.23

Lots and categories

Tenders are invited for individual properties, not lots. Discounts apply to individual contracts. Multiple contracts may be awarded per Section III options. Standard rule D1 p.14

What the addenda changed

No addenda [A1], [A2] were provided in the material reviewed. Not stated P

Points to confirm with the procuring entity

The documents do not agree with each other on these points. Ask the procuring entity for a written clarification before you submit.

Tender validity and mandatory minimum: TDS note recommends not less than 180 days; TDS sets 210. Not a conflict in value but verify with entity. (D1 p.52)

Not covered in the documents we reviewed

Full Schedule of Requirements (property specifics and any further technical specifications)
Opening date, time and place
Physical submission address if electronic submission is not used
Tender document price, if any
Addenda [A1], [A2] if any
Full Section III mandatory evaluation requirements and financial evaluation weights
Total contract value or price range
Site visit information
Forms SD1 and SD2 and Tenderer's Eligibility questionnaire content

Terms explained

TDS: Tender Data Sheet: the tender-specific values that override the standard instructions.
Tender security: Money or guarantee submitted with the tender to secure it; forfeited if the bidder withdraws or fails to sign.
AGPO: Affirmative Action Group Procurement Opportunities for youth, women and persons with disabilities.
MR: Mandatory Requirement: pass/fail item checked before technical scoring.
Responsive: Tender meets all essential requirements of the tender documents.
CR 12: Company return showing shareholders and directors, issued by the Business Registration Service.
Riparian land: Land next to a river or water body, often subject to restrictions.

EPRA/890/0001/2026-27 Purchase of Office Building (Energy Regulatory Commission, Open Tender)