REPUBLIC OF KENYA

OFFICE OF THE PRESIDENT

STATE HOUSE

TENDER NO. SH/019/2017-2019

FOR

SANITARY SERVICES

FOR THE

FINANCIAL YEAR 2017/2019

 TABLE OF CONTENTS

Page

SECTION I INVITATION TO TENDER…………………………………. 3

SECTION II INSTRUCTIONS TO TENDERERS……………………….. 4

APPENDIX TO INSTITUTIONS TO TENDER …………. 18

SECTION III GENERAL CONDITIONS OF CONTRACT……………… 20

SECTION IV SPECIAL COND1TIONS OF CONTRACT……………….. 26

SECTION V SCHEDULE OF REQUIREMENTS……………………… 29

SECTION VI TECHNICAL SPECIFICATIONS………………………… 30

SECTION VI STANDARD FORMS………………………………………. 32

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 SECTION I – INVITATION TO TENDER

Date: 27th March , 2018

Tender REF No. SH/019/2017-2019, FOR PROVISION OF SANITARY

SERVICES

1.1 STATE HOUSE invites sealed tenders from eligible candidates for the provision
of Sanitary Services for the financial year 2017-2019.

1.2 Interested eligible candidates may obtain further information from and inspect
the tender documents at the Supply Chain Management Office, State House
Nairobi during normal working hours.
1.3 A complete tender document may be downloaded from www.president.go.ke
free of charge by ONLY the approved candidates that have been prequalified
in the category B02, provision of Sanitary Services under tender no.
SH/01/2017-2018.
1.4 Prices quoted should be net inclusive of all taxes and delivery costs, must be
expressed in Kenya shillings and shall remain valid for a period of two
years from the closing date of the tender.
1.5 Completed tender documents are to be enclosed in plain sealed envelopes,
marked with the tender number and be deposited in the tender box provided
at the Supply Chain Management Office, State House Nairobi, or be
addressed and posted to:
The Comptroller of State House,
P. O. Box 40530 - 00100
Nairobi.

So as to reach him on or before Tuesday, 10th, April 2018 at 10.00am.

Tenders will be opened immediately thereafter in the presence of the tenderers

representatives who choose to attend the opening at the New Administration
Conference Room on Tuesday, 10th, April 2018 at 10.00am.

NB: BIDDERS THAT HAVE NOT BEEN APPROVED WILL BE

DISQUALIFIED AT OPENING

Head, Supply Chain Management Services

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 TABLE OF CONTENTS. Page

2.1Eligible Tenderers …………………………………………………5

2.2Cost of tendering ………………………………………………….5
2.3Contents of tender documents ……………………………………...5
2.4Clarification of Tender documents …………………………………6
2.5Amendement of tender documents …………………………………6
2.6Language of tenders ………………………………………………..7
2.7Documents comprising the tender ………………………………….7
2.8Form of tender ……………………………………………………...7
2.9Tender prices ……………………………………………………….7
2.10 Tender currencies …………………………………………………..8
2.11 Tenderers eligibility and qualifications …………………………….8
2.12 Tender security …………………………………………………….8
2.13 Validity of tenders …………………………………………………9
2.14 Format and signing of tenders ……………………………………...10
2.15 Sealing and marking of tenders …………………………………….10
2.16 Deadline for submission of tenders ………………………………...11
2.17 Modification and withdrawal of tenders …………………………...11
2.18 Opening of tenders ………………………………………………….12
2.19 Clarification of tenders ……………………………………………..12
2.20 Preliminary Examination …………………………………………...12
2.21 Conversion to other currencies ……………………………………..13
2.22 Evaluation and comparison of tenders ……………………………...13
2.23 Contacting the procuring entity …………………………………….14
2.24 Post-qualification …………………………………………………...15
Award criteria ……………………………………………………....15
Procuring entities right to vary quantities ………………………….15
Procuring entities right to accept or reject any or all tenders ………15
2.25 Notification of award ……………………………………………....16
2.26 Signing of Contract ………………………………………………...16
2.27 Performance security ………………………………………………16
2.28 Corrupt or fraudulent practices …………………………………….17

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SECTION II INSTRUCTIONS TO TENDERERS
2.1Eligible tenderers

2.1.1. This Invitation to tender is open to all tenderers eligible as described in the
instructions to tenderers. Successful tenderers shall provide the services for
the stipulated duration from the date of commencement (hereinafter referred
to as the term) specified in the tender documents.

2.1.2. The procuring entity’s employees, committee members, board members and
their relative (spouse and children) are not eligible to participate in the
tender unless where specially allowed under section 131 of the Act.

2.1.3. Tenderers shall provide the qualification information statement that the
tenderer (including all members, of a joint venture and subcontractors) is not
associated, or have been associated in the past, directly or indirectly, with a
firm or any of its affiliates which have been engaged by the Procuring entity
to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the
services under this Invitation for tenders.

2.1.4. Tenderers involved in corrupt or fraudulent practices or debarred from

participating in public procurement shall not be eligible.

2.2Cost of tendering

2.2.1 The Tenderer shall bear all costs associated with the preparation and
submission of its tender, and the procuring entity, will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of
the tendering process.

2.2.2 The price to be charged for the tender document shall not exceed
Kshs.5,000/=

2.2.3 The procuring entity shall allow the tenderer to review the tender document
free of charge before purchase.

2.3Contents of tender documents

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2.3.1. The tender document comprises of the documents listed below and addenda
issued in accordance with clause 6 of these instructions to tenders

i) Instructions to tenderers
ii) General Conditions of Contract
iii) Special Conditions of Contract
iv) Schedule of Requirements
v) Details of service
vi) Form of tender
vii) Price schedules
viii) Contract form
ix) Confidential business questionnaire form
x) Tender security form
xi) Performance security form
xii) Principal’s or manufacturers authorization form
xiii) Declaration form
2.3.2. The Tenderer is expected to examine all instructions, forms, terms, and
specifications in the tender documents. Failure to
furnish all information required by the tender documents or to submit a
tender not substantially responsive to the tender documents in every respect
will be at the tenderers risk and may result in the rejection of its tender.

2.4Clarification of Documents

2.4.1. A prospective candidate making inquiries of the tender

document may notify the Procuring entity in writing or by post, fax or email
at the entity’s address indicated in the Invitation for tenders. The Procuring
entity will respond in writing to any request for clarification of the tender
documents, which it receives no later than seven (7) days prior to the
deadline for the submission of tenders, prescribed by the procuring entity.
Written copies of the Procuring entities response (including an
explanation of the query but without identifying the source of inquiry) will
be sent to all prospective tenderers who have received the tender documents”

2.4.2. The procuring entity shall reply to any clarifications sought by the tenderer
within 3 days of receiving the request to enable the tenderer to make timely
submission of its tender

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2.5Amendment of documents

2.5.1. At any time prior to the deadline for submission of tenders, the
Procuring entity, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective tenderer, may
modify the tender documents by issuing an addendum.

2.5.2. All prospective tenderers who have obtained the tender documents will be
notified of the amendment by post, fax or email and such amendment will be
binding on them.

2.5.3. In order to allow prospective tenderers reasonable time in which to take the
amendment into account in preparing their tenders, the Procuring entity, at
its discretion, may extend the deadline for the submission of tenders.

2.6Language of tender

2.6.1. The tender prepared by the tenderer, as well as all correspondence and
documents relating to the tender exchanged by the tenderer and the
Procuring entity, shall be written in English language. Any printed literature
furnished by the tenderer may be written in another language provided they
are accompanied by an accurate English translation of the relevant passages
in which case, for purposes of interpretation of the tender, the English
translation shall govern.

2.7Documents Comprising the Tender

The tender prepared by the tenderer shall comprise the following
components:

(a) A Tender Form and a Price Schedule completed in accordance with

paragraph 9, 10 and 11 below.

(b) Documentary evidence established in accordance with Clause 2.11

that the tenderer is eligible to tender and is qualified to perform the
contract if its tender is accepted;

(c) Tender security furnished is in accordance with Clause 2.12

(d) Confidential business questionnaire

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2.8Form of Tender
2.8.1 The tenderers shall complete the Form of Tender and the appropriate Price
Schedule furnished in the tender documents, indicating the services to be
performed.

2.9Tender Prices
2.9.1 The tenderer shall indicate on the Price schedule the unit prices where
applicable and total tender prices of the services it proposes to provide under
the contract.

2.9.2 Prices indicated on the Price Schedule shall be the cost of the services
quoted including all customs duties and VAT and other taxes payable:

2.9.3 Prices quoted by the tenderer shall remain fixed during the term of the
contract unless otherwise agreed by the parties. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be
rejected, pursuant to paragraph 2.22.

2.9.4 Contract price variations shall not be allowed for contracts not exceeding
one year (12 months)

2.9.5 Where contract price variation is allowed, the variation shall not exceed 10%
of the original contract price.

2.9.6 Price variation requests shall be processed by the procuring entity within 30
days of receiving the request.

2.10 Tender Currencies

2.10.1Prices shall be quoted in Kenya Shillings unless otherwise specified in the

appendix to in Instructions to Tenderers

2.11 Tenderers Eligibility and Qualifications.

2.11.1 Pursuant to Clause 2.1 the tenderer shall furnish, as part of its tender,
documents establishing the tenderers eligibility to tender and its
qualifications to perform the contract if its tender is accepted.

2.11.2 The documentary evidence of the tenderers qualifications to perform the

contract if its tender is accepted shall establish to the Procuring entity’s

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 satisfaction that the tenderer has the financial and technical capability
necessary to perform the contract.

2.12 Tender Security

2.12.1The tenderer shall furnish, as part of its tender, a tender security for the
amount and form specified in the Invitation to tender.

2.12.2The tender security shall be in the amount not exceeding 2 per cent of the
tender price.

2.12.2The tender security is required to protect the Procuring entity against the risk
of Tenderer’s conduct which would warrant the security’s forfeiture,
pursuant to paragraph 2.12.7

2.12.3The tender security shall be denominated in a Kenya Shillings or in another

freely convertible currency and shall be in the form of:

a) A bank guarantee.

b) Cash.

c) Such insurance guarantee approved by the Authority.

d) Letter of credit

2.12.4Any tender not secured in accordance with paragraph 2.12.1 and 2.12.3 will
be rejected by the Procuring entity as non responsive, pursuant to paragraph
2.20

2.12.5Unsuccessful tenderer’s security will be discharged or returned as promptly

as possible, but not later than thirty (30) days after the expiration of the
period of tender validity prescribed by the procuring entity.

2.12.6The successful tenderer’s tender security will be discharged upon the

tenderer signing the contract, pursuant to paragraph 2.29, and furnishing the
performance security, pursuant to paragraph 2.30.

2.12.7The tender security may be forfeited:

9
 (a) If a tenderer withdraws its tender during the period of tender validity
specified by the procuring entity on the
Tender Form; or

(b) In the case of a successful tenderer, if the tenderer fails:

(i) to sign the contract in accordance with paragraph 30

or
(ii) to furnish performance security in accordance with paragraph 31.

(c) If the tenderer rejects, correction of an error in the tender.

2.13 Validity of Tenders

2.13.1Tenders shall remain valid for 60 days or as specified in the invitation to

tender after date of tender opening prescribed by the Procuring entity,
pursuant to paragraph 2.18. A tender valid for a shorter period shall be
rejected by the Procuring entity as nonresponsive.

2.13.2In exceptional circumstances, the Procuring entity may solicit the Tenderer’s
consent to an extension of the period of validity. The request and the
responses thereto shall be made in writing. The tender security provided
under paragraph 2.12 shall also be suitably extended. A tenderer may refuse
the request without forfeiting its tender security. A tenderer granting the
request will not be required nor permitted to modify its tender.

2.14 Format and Signing of Tender

2.14.1The tenderer shall prepare two copies of the tender, clearly / marking each
“ORIGINAL TENDER” and “COPY OF TENDER,” as appropriate. In the
event of any discrepancy between them, the original shall govern.

2.14.2The original and all copies of the tender shall be typed or written in indelible
ink and shall be signed by the tenderer or a person or persons duly
authorized to bind the tenderer to the contract. All pages of the tender,
except for unamended printed literature, shall be initialed by the person or
persons signing the tender.

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2.14.3The tender shall have no interlineations, erasures, or overwriting except as
necessary to correct errors made by the tenderer, in which case such
corrections shall be initialed by the person or persons signing the tender.

2.15 Sealing and Marking of Tenders

2.15.1The tenderer shall seal the original and each copy of the tender in separate
envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” The
envelopes shall then be sealed in an outer envelope.
The inner and outer envelopes shall:

(a) be addressed to the Procuring entity at the address given in the invitation
to tender

(b) bear the tender number and name in the invitation to tender and the
words: “DO NOT OPEN BEFORE Tuesday, 10th, April 2018 at 10.00am.

2.15.3The inner envelopes shall also indicate the name and address of the
tenderer to enable the tender to be returned unopened in case it is declared
“late”. —

2.15.4If the outer envelope is not sealed and marked as required by paragraph
2.15.2, the Procuring entity will assume no responsibility for the
tender’s misplacement or premature opening.

2.16 Deadline for Submission of Tenders

2.16.1Tenders must be received by the Procuring entity at the address

specified under paragraph 2.15.2 no later than Tuesday, 10th, April 2018 at
10.00am

2.16.2The procuring entity may, at its discretion, extend this deadline for the
submission of tenders by amending the tender documents in accordance with
paragraph 6, in which case all rights and obligations of the procuring entity
and candidates previously subject to the deadline will thereafter be subject to
the deadline as extended.

2.16.3 Bulky tenders which will not fit in the tender box shall be received by the
procuring entity as provided for in the appendix.

2.17 Modification and withdrawal of tenders

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2.17.1The tenderer may modify or withdraw its tender after the tender’s
submission, provided that written notice of the modification, including
substitution or withdrawal of the tender’s is received by the procuring entity
prior to the deadline prescribed for the submission of tenders.

2.17.2The Tenderer’s modification or withdrawal notice shall be prepared, sealed,

marked, and dispatched in accordance with the provisions of paragraph 2.15.
A withdrawal notice may also be sent by cable, but followed by a signed
confirmation copy, postmarked not later than the deadline for submission of
tenders.

2.17.3No tender may be modified after the deadline for submission of tenders.

2.17.4No tender may be withdrawn in the interval between the deadline for
submission of tenders and the expiration of the period of tender validity
specified by the tenderer on the Tender Form. Withdrawal of a tender during
this interval may result in the Tenderer’s forfeiture of its tender security,
pursuant to paragraph 2.12.7.

2.17.5The procuring entity may at any time terminate procurement proceedings

before contract award and shall not be liable to any person for the
termination.

2.17.6The procuring entity shall give prompt notice of the termination to the
tenderers and on request give its reasons for termination within 14 days of
receiving the request from any tenderer.

2.18 Opening of Tenders

2.18.1The Procuring entity will open all tenders in the presence of

tenderers’ representatives who choose to attend, at the Tuesday, 10th, April
2018 at 10.00am and in the location specified in the invitation to tender.
The tenderers’ representatives who are present shall sign a register
evidencing their attendance.

2.18.3The tenderers’ names, tender modifications or withdrawals, tender prices,

discounts, and the presence or absence of requisite tender security and such
other details as the Procuring Entity, at its discretion, may consider
appropriate, will be announced at the opening.

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2.18.4The procuring entity will prepare minutes of the tender opening which will
be submitted to the tenderers that signed the tender opening register and will
have made the request.

2.19 Clarification of tenders

2.19.1To assist in the examination, evaluation and comparison of tenders the

procuring entity may at its discretion, ask the tenderer for a clarification of
its tender. The request for clarification and the response shall be in writing,
and no change in the prices or substance shall be sought, offered, or
permitted.

2.19.2Any effort by the tenderer to influence the procuring entity in the procuring
entity’s tender evaluation, tender comparison or contract award decisions
may result in the rejection of the tenderers tender.

Comparison or contract award decisions may result in the rejection of the

tenderers’ tender.

2.20 Preliminary Examination and Responsiveness

2.20.1The Procuring entity will examine the tenders to determine whether they are
complete, whether any computational errors have been made, whether
required securities have been furnished whether the documents have been
properly signed, and whether the tenders are generally in order.

2.20.2Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail, and the
total price shall be corrected. If the candidate does not accept the correction
of the errors, its tender will be rejected, and its tender security may be
forfeited. If there is a discrepancy between words and figures, the amount in
words will prevail.

2.20.3The Procuring entity may waive any minor informality or nonconformity or

irregularity in a tender which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking of any
tenderer.

2.20.4Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring

entity will determine the substantial responsiveness of each tender to the

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 tender documents. For purposes of these paragraphs, a substantially
responsive tender is one which conforms to all the terms and conditions of
the tender documents without material deviations. The Procuring entity’s
determination of a tender’s responsiveness is to be based on the contents of
the tender itself without recourse to extrinsic evidence.

2.20.5If a tender is not substantially responsive, it will be rejected by the Procuring

entity and may not subsequently be made responsive by the tenderer by
correction of the nonconformity.

2.21 Conversion to a single currency

2.21.1Where other currencies are used, the procuring entity will convert those
currencies to Kenya shillings using the selling exchange rate on the date of
tender closing provided by the central bank of Kenya.

2.22 Evaluation and comparison of tenders.

2.22.1The procuring entity will evaluate and compare the tenders which have been
determined to be substantially responsive, pursuant to paragraph 2.20

2.22.2The comparison shall be of the price including all costs as well as duties and
taxes payable on all the materials to be used in the provision of the services.

2.22.3The Procuring entity’s evaluation of a tender will take into account, in

addition to the tender price, the following factors, in the manner and to the
extent indicated in paragraph 2.22.4 and in the technical specifications:

(a) operational plan proposed in the tender;

(b) deviations in payment schedule from that specified in the Special

Conditions of Contract;

2.22.4Pursuant to paragraph 22.3 the following evaluation methods will be

applied:
(a) Operational Plan.

The Procuring entity requires that the services under the Invitation for
Tenders shall be performed at the time specified in the Schedule of

14
 Requirements. Tenders offering to perform longer than the procuring entity’s
required delivery time will be treated as non-responsive and rejected.

(b) Deviation in payment schedule.

Tenderers shall state their tender price for the payment on a schedule
outlined in the special conditions of contract. Tenders will be evaluated on
the basis of this base price. Tenderers are, however, permitted to state an
alternative payment schedule and indicate the reduction in tender price they
wish to offer for such alternative payment schedule. The Procuring entity
may consider the alternative payment schedule offered by the selected
tenderer.

2.22.5The tender evaluation committee shall evaluate the tender within 30 days
from the date of opening the tender.

2.22.6To qualify for contract awards, the tenderer shall have the following:-

(a) Necessary qualifications, capability experience, services,

equipment and facilities to provide what is being procured.

(b) Legal capacity to enter into a contract for procurement

(c) Shall not be insolvent, in receivership, bankrupt or in the

process of being wound up and is not the subject of legal
proceedings relating to the foregoing

(d) Shall not be debarred from participating in public procurement.

2.23. Contacting the procuring entity

2.23.1Subject to paragraph 2.19, no tenderer shall contact the procuring entity on

any matter relating to its tender, from the time of the tender opening to the
time the contract is awarded.

2.23.2Any effort by a tenderer to influence the procuring entity in its decisions on

tender evaluation tender comparison or contract award may result in the
rejection of the tenderers tender.

2.24 Award of Contract

a) Post qualification
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2.24.1In the absence of pre-qualification, the Procuring entity will determine to its
satisfaction whether the tenderer that is selected as having submitted the
lowest evaluated responsive tender is qualified to perform the contract
satisfactorily.

2.24.2The determination will take into account the tenderer’s financial and
technical capabilities. It will be based upon an examination of the
documentary evidence of the tenderers qualifications submitted by the
tenderer, pursuant to paragraph 2.1.2, as well as such other information as
the Procuring entity deems necessary and appropriate.

2.24.3An affirmative determination will be a prerequisite for award of the contract

to the tenderer. A negative determination will result in rejection of the
Tenderer’s tender, in which event the Procuring entity will proceed to the
next lowest evaluated tender to make a similar determination of that
Tenderer’s capabilities to perform satisfactorily.

b) Award Criteria

2.24.3Subject to paragraph 2.29 the Procuring entity will award the contract to the
successful tenderer whose tender has been determined to be substantially
responsive and has been determined to be the lowest evaluated tender,
provided further that the tenderer is determined to be qualified to perform
the contract satisfactorily.

2.24.4The procuring entity reserves the right to accept or reject any tender and to
annul the tendering process and reject all tenders at any time prior to
contract award, without thereby incurring any liability to the affected
tenderer or tenderers or any obligation to inform the affected tenderer or
tenderers of the grounds for the procuring entity’s action. If the procuring
entity determines that none of the tenderers is responsive; the procuring
entity shall notify each tenderer who submitted a tender.

2.24.5A tenderer who gives false information in the tender document about its
qualification or who refuses to enter into a contract after notification of
contract award shall be considered for debarment from participating in
future public procurement.

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2.25 Notification of award

2.25.1Prior to the expiration of the period of tender validity, the Procuring

entity will notify the successful tenderer in writing that its tender has
been accepted.

2.25.2The notification of award will signify the formation of the Contract subject
to the signing of the contract between the tenderer and the procuring entity
pursuant to clause 2.29. Simultaneously the other tenderers shall be notified
that their tenders have not been successful.

2.25.3Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 31, the Procuring entity will promptly notify each
unsuccessful Tenderer and will discharge its tender security, pursuant to
paragraph 2.12

2.26 Signing of Contract

2.26.1At the same time as the Procuring entity notifies the successful tenderer
that its tender has been accepted, the Procuring entity will simultaneously
inform the other tenderers that their tenders have not been successful.

2.26.2Within fourteen (14) days of receipt of the Contract Form, the successful
tenderer shall sign and date the contract and return it to the Procuring entity.

2.26.3The parties to the contract shall have it signed within 30 days from the date
of notification of contract award unless there is an administrative review
request.

2.27 Performance Security

2.27.1Within thirty (30) days of the receipt of notification of award from the
Procuring entity, the successful tenderer shall furnish the performance
security in accordance with the Conditions of Contract, in the Performance
Security Form provided in the tender documents, or in another form
acceptable to the Procuring entity.

2.27.2Failure of the successful tenderer to comply with the requirement of

paragraph 2.29 or paragraph 2.30.1 shall constitute sufficient grounds for the
annulment of the award and forfeiture of the tender security, in which event

17
 the Procuring entity may make the award to the next lowest evaluated or call
for new tenders.

2.28 Corrupt or Fraudulent Practices

2.28.1The Procuring entity requires that tenderers observe the highest

standard of ethics during the procurement process and execution of
contracts. A tenderer shall sign a declaration that he has not and will not be
involved in corrupt or fraudulent practices.

2.28.2The procuring entity will reject a proposal for award if it determines that the
tenderer recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question;

2.28.3Further, a tenderer who is found to have indulged in corrupt or fraudulent

practices risks being debarred from participating in public procurement in
Kenya.

2.29. Appendix to instructions to tenderers

The following information for procurement of services shall complement or
amend the provisions of the instructions to tenderers. Wherever there is a
conflict between the provisions of the instructions to tenderers and the
provisions of the appendix, the provisions of the appendix herein shall
prevail over those of the instructions to tenderers

INSTRUCTIONS TO TENDERERS PARTICULARS OF APPENDIX TO

REFERENCE INSTRUCTIONS TO TENDERS
2.1.1 Bidders successfully prequalified
under tender no: SH/01/2017-2019
2.14.1 Tender Securing declaration form duly
filled

2.16.1 Only one original copy to be submitted

2.18.1 Tuesday, 10th, April 2018 at
10.00am
2.29.1 As in 2.18.1 above
2.29.1 N/A

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SECTION III GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS Page

3.1 Definitions ………………………..…..19

3.2 Application……………………………19
3.3 Standards…………………………..…19
3.4 Patent Rights……………………….…20
3.5 Performance security………………...20
3.6 Inspections and tests……………...….20
3.7 Payment…………………………...…21
3.8 Prices…………………………………21
3.9 Assignment………………………......21
3.10 Termination for default………………21
3.11 Termination for insolvency………….22
3.12 Termination for convenience……..…22
3.13 Resolution of disputes………..……..22
3.14 Governing language………….……..23
3.15 Force majeure…………….…………23
3.16 Applicable law……………….……..23
3.17 Notices…………….…….………….23

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 SECTION III GENERAL CONDITIONS OF CONTRACT

3.1 Definitions

In this contract the following terms shall be interpreted as indicated:

a) “The contract” means the agreement entered into between the Procuring
entity and the tenderer as recorded in the Contract Form signed by the
parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

b) “The Contract Price” means the price payable to the tenderer under the
Contract for the full and proper performance of its contractual
obligations.

c) “The services” means services to be provided by the contractor including

materials and incidentals which the tenderer is required to provide to the
Procuring entity under the Contract.

d) “The Procuring entity” means the organization sourcing for the services
under this Contract.

e) “The contractor means the individual or firm providing the services under
this Contract.

f) “GCC” means general conditions of contract contained in this section

g) “SCC” means the special conditions of contract

h) “Day” means calendar day

3.2 Application
These General Conditions shall apply to the extent that they are not
superceded by provisions of other part of contract.

3.3 Standards

3.3.1 The services provided under this Contract shall conform to the 7 standards
mentioned in the Schedule of requirements

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3.5 Patent Right’s
The tenderer shall indemnify the Procuring entity against all third-party
claims of infringement of patent, trademark, or industrial design tights
arising from use of the services under the contract or any part thereof .

3.6 Performance Security

Within twenty eight (28) days of receipt of the notification of Contract
award, the successful tenderer shall furnish to the Procuring entity the
performance security where applicable in the amount specified in Special
Conditions of Contract.

3.6.2 The proceeds of the performance security shall be payable to the Procuring
entity as compensation for any loss resulting from the Tenderer’s failure to
complete its obligations under the Contract.

3.6.3 The performance security shall be denominated in the currency of the

Contract, or in a freely convertible currency acceptable to the Procuring
entity and shall be in the form of :

a) Cash.

b) A bank guarantee.

c) Such insurance guarantee approved by the Authority.

d) Letter of credit.

3.6.4 The performance security will be discharged by the procuring entity and
returned to the candidate not later than thirty (30) days following the date of
completion of the tenderer’s performance of obligations under the contract,
including any warranty obligations under the contract.

3.7 Inspections and Tests

3.7.1 The Procuring entity or its representative shall have the right to inspect
and/or to test the services to confirm their conformity to the Contract
specifications. The Procuring entity shall notify the tenderer in writing, in a

21
 timely manner, of the identity of any representatives retained for these
purposes.

3.7.2 The inspections and tests may be conducted on the premises of the tenderer
or its subcontractor(s). If conducted on the premises of the tenderer or its
subcontractor(s), all reasonable facilities and assistance, including access to
drawings and production data, shall be furnished to the inspectors at no
charge to the Procuring entity.

3.7.3 Should any inspected or tested services fail to conform to the Specifications,
the Procuring entity may reject the services, and the tenderer shall either
replace the rejected services or make alterations necessary to meet
specification requirements free of cost to the Procuring entity.

3.7.4 Nothing in paragraph 3.7 shall in any way release the tenderer from any
warranty or other obligations under this Contract.

3.8 Payment

3.8.1 The method and conditions of payment to be made to the tenderer under this
Contract shall be specified in SCC

3.9 Prices

Prices charged by the contractor for services performed under the Contract
shall not, with the exception of any Price adjustments authorized in SCC,
vary from the prices by the tenderer in its tender or in the procuring entity’s
request for tender validity extension as the case may be. No variation in or
modification to the terms of the contract shall be made except by written
amendment signed by the parties.

3.10 Assignment

The tenderer shall not assign, in whole or in part, its obligations to perform
under this contract, except with the procuring entity’s prior written consent.

3.11 Termination for Default

The Procuring entity may, without prejudice to any other remedy for breach
of Contract, by written notice of default sent to the tenderer, terminate this
Contract in whole or in part:

22
 a) if the tenderer fails to provide any or all of the services within the
period(s) specified in the Contract, or within any
extension thereof granted by the Procuring entity.

b) if the tenderer fails to perform any other obligation(s) under the Contract.

c) if the tenderer, in the judgment of the Procuring entity has engaged in

corrupt or fraudulent practices in competing for
or in executing the Contract.

In the event the Procuring entity terminates the Contract in whole or in part,
it may procure, upon such terms and in such manner as it deems appropriate,
services similar to those undelivered, and the tenderer shall be liable to the
Procuring entity for any excess costs for such similar services.

3.12 Termination of insolvency

The procuring entity may at the any time terminate the contract by giving
written notice to the contractor if the contractor becomes bankrupt or
otherwise insolvent. In this event, termination will be without compensation
to the contractor, provided that such termination will not produce or affect
any right of action or remedy, which has accrued or will accrue thereafter to
the procuring entity.

3.13 Termination for convenience

3.13.1The procuring entity by written notice sent to the contractor may terminate
the contract in whole or in part, at any time for its convenience. The notice
of termination shall specify that the termination is for the procuring entity
convenience, the extent to which performance of the contractor of the
contract is terminated and the date on which such termination becomes
effective.
3.13.2For the remaining part of the contract after termination the procuring entity
may elect to cancel the services and pay to the contractor on agreed amount
for partially completed services.

3.14 Resolution of disputes

23
 The procuring entity’s and the contractor shall make every effort to resolve
amicably by direct informal negotiations any disagreement or dispute arising
between them under or in connection with the contract.

If after thirty (30) days from the commencement of such informal

negotiations both parties have been unable to resolve amicably a contract
dispute either party may require that the dispute be refered for resolution to
the formal mechanisms specified in the SCC.

3.15 Governing Language

The contract shall be written in the English language. All correspondence

and other documents pertaining to the contract, which are exchanged by the
parties, shall be written in the same language.

3.16 Force Majeure

The contractor shall not be liable for forfeiture of its performance security,
or termination for default if and to the extent that its delay in performance or
other failure to perform its obligations under the Contract is the result of an
event of Force Majeure.

3.17 Applicable Law.

The contract shall be interpreted in accordance with the laws of Kenya

unless otherwise specified in the SCC

3.18 Notices
Any notices given by one party to the other pursuant to this contract shall be
sent to the other party by post or by fax or E-mail and confirmed in writing
to the other party’s address specified in the SCC

A notice shall be effective when delivered or on the notices effective date,

whichever is later.

24
SECTION IV SPECIAL CONDITIONS OF CONTRACT

4.1 Special conditions of contract shall supplement the general conditions of

contract, wherever there is a conflict between the GCC and the SCC, the
provisions of the SCC herein shall prevail over those in the GCC.

4.2 Special conditions of contract with reference to the general conditions of

contract.

General conditions of contract Special conditions of contract

reference

3.6 N/A

3.8 Full payments via Electronic

Funds Transfer after
satisfactory service delivery
within 30 days of Invoice.
3.9 No Price adjustments allowed
3.14 Resolution of disputes as per
the Kenyan Law
3.17 Laws of Kenya
3.18 Indicate addresses of both
parties

25
SECTION V – SCHEDULE OF REQUIREMENTS

S/No Item Description

1 Signature step on (white)

2 Autolid compact

3 Autolid standard

SECTION VI DESCRIPTION OF SERVICES

1. The successful bidder is required to provide returnable sanitary bins at the

beginning of the contract period which will remain to be property of the
bidder over the contract period.
2. The scope of service constitutes emptying of sanitary bins within Main
House and in the offices at State House.
3. The services are carried out on monthly basis.
4. The quoted prices should be sustainable for a period of up to two years with
no allowable variations. All prices must be inclusive of all taxes and VAT
charges.

26
SECTION VII- STANDARD FORMS

Notes on standard forms

1. The tenderer shall complete and submit with its tender the form of tender
and price schedules pursuant to instructions to tenderers clause 9 and in
accordance with the requirements included in the special conditions of
contract.

2. When requested by the appendix to the instructions to tenderers, the tenderer

should provide the tender security, either in the form included herein or in
another form acceptable to the procuring entity pursuant to instructions to
tenderers clause 12.3

3. The contract form, the price schedules and the schedule of requirements
shall be deemed to form part of the contract and should be modifies
accordingly at the time of contract award to incorporate corrections or
modifications agreed by the tenderer and the procuring entity in accordance
with the instructions to tenderers or general conditions of contract.

4. The performance security and bank guarantee for advance payment forms
should not be completed by the tenderers at the time of tender preparation.
Only the successful tenderer will be required to provide performance/entity
and bank guarantee for advance payment forms in accordance with the forms
indicated herein or in another form acceptable to the procuring entity and
pursuant to the – conditions of contract.

5. The principal’s or manufacturer’s authorisation form should be completed by

the principal or the manufacturer, as appropriate in accordance with the
tender documents.

27
SECTION VI - STANDARD FORMS

1. Form of tender
2. Price schedules
3. Contract form
4. Confidential Questionnaire form
5. Tender security form
6. Performance security form
7. Bank guarantee for advance payment
8. Declaration form

28
FORM OF TENDER

Date____________________________
Tender No._______________________

To……………………..

…………………………..

[Name and address of procuring entity]

Gentlemen and/or Ladies:

1. Having examined the tender documents including Addenda

Nos.. [insert numbers,
the of which is hereby duly acknowledged, wed, the undersigned, offer to provide.
[description of services]
in conformity with the said tender documents for the sum of . [total tender amount in words
and figures]
or such other sums as may be ascertained in accordance with the Schedule of Prices attached
herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance with the
services schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the tender guarantee in a sum equivalent to _____
percent of the Contract Price for the due performance of the Contract, in the form prescribed
by (Procuring entity).

4. We agree to abide by this Tender for a period of [number] days from the date fixed for tender
opening of the Instructions to tenderers, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period.

5. Until a formal Contract is prepared and executed, this Tender, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.

Dated this _________________ day of_________________ 20

[signature] [In the capacity of]
Duly authorized to sign tender for and on behalf of___________

29
 PRICE SCHEDULE OF SERVICES

Name of Tenderer _________Tender Number________. Page ____of ______.

S/No Description Qty Visits per Unit Total Remarks

year Price price

1 Signature step on 40 24
(white)

2 Autolid compact 2 12

3 Autolid standard 22 24

4 Treatment against Lot Monthly

cockroaches, rats,
mice, sugar ants and
black ants in the main
house

Signature of tenderer ________________________________________________

Note: In case of discrepancy between unit price and total, the unit price shall
prevail.

30
CONTRACT FORM

THIS AGREEMENT made the ___day of _____20____between…………[name of procurement

entity] of ……………….[country of Procurement entity](hereinafter called “the Procuring
entity”) of the one part and ……………………[name of tenderer] of ……….[city and country of
tenderer](hereinafter called “the tenderer”) of the other part.

WHEREAS the procuring entity invited tenders for certain materials and spares.
Viz……………………..[brief description of materials and spares] and has accepted a tender by
the tenderer for the supply of those materials and spares in the spares in the sum of
………………………………………[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part
of this Agreement, viz.:

(a) the Tender Form and the Price Schedule submitted by the tenderer;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Procuring entity’s Notification of Award.

3. In consideration of the payments to be made by the Procuring entity to the tenderer as

hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to provide the
materials and spares and to remedy defects therein in conformity in all respects with the
provisions of the Contract

4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provision
of the materials and spares and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the contract at the times and in the
manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by___________the _________(for the Procuring entity)

Signed, sealed, delivered by___________the __________(for the tenderer)

in the presence of_______________.

31
CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2(b) or 2(c)
whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form.

Part 1 General

Business Name.......................................................................................................................
Location of Business Premises .............................................................................................
Plot No,..........................................................Street/Road.....................................................
Postal address ........................Tel No. ...................................Fax Email...............................
Nature of Business ................................................................................................................
Registration Certificate No....................................................................................................
Maximum value of business which you can handle at any one time – Kshs.........................
Name of your bankers............................................................................................................
Branch....................................................................................................................................

Part 2 (a) – Sole Proprietor

Your name in full……………………….Age………………………………………….
Nationality……………………………Country of Origin……………………………..
Citizenship details
……………………………………………………..
Part 2 (b) – Partnership
Given details of partners as follows
Name Nationality Citizenship details Shares
1. …………………………………………………………………………………………
2. …………………………………………………………………………………………
3. …………………………………………………………………………………………
4. …………………………………………………………………………………………
Part 2 (c) – Registered Company
Private or Public
State the nominal and issued capital of company
Nominal Kshs.
Issued Kshs.
Given details of all directors as follows
Name Nationality Citizenship details Shares
1. …………………………………………………………………………………………
2. …………………………………………………………………………………………
3. …………………………………………………………………………………………
4. …………………………………………………………………………………………

Date……………………………………….Signature of Candidate………………………..

32
33
TENDER SECURITY FORM

Whereas ………………………………………..[name of the tenderer]

(hereinafter called “the tenderer”)has submitted its tender dated………………..[date of

submission of tender ] for the provision of ………………………………………………..

[name and/or description of the services]

(hereinafter called “the Tenderer”)……………………………………………………..

KNOW ALL PEOPLE by these presents that WE………………………………………

Of……………………………………………having registered office at

[name of procuring entity](hereinafter called “the Bank”)are bound unto………………

[name of procuring entity](hereinafter called “the procuring entity”) in the sum of ………..

for which payment well and truly to be made to the said Procuring entity, the Bank binds itself,
its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank
this___________ day of 20_________.

THE CONDITIONS of this obligation are:

1. If the tenderer withdraws its Tender during the period of tender validity specified by the
tenderer on the Tender Form; or
2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity
during the period of tender validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security, in accordance with the instructions
to tenderers;

we undertake to pay to the Procuring entity up to the above amount upon receipt of its first
written demand, without the Procuring entity having to substantiate its demand, provided that in
its demand the Procuring entity will note that the arnouut claimed by it is due to it, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty (30) days after the period of tender
validity, and any demand in respect thereof should reach the Bank not later than the above date.

____________________________________________________
[signature of the bank]

(Amend accordingly if provided by Insurance Company)

34
PERFORMANCE SECURITY FORM

To: ……………………………………………………………………………………………..

[name of the Procuring entity]

WHEREAS……………………………….[name of tenderer]

(hereinafter called “the tenderer”) has undertaken, in pursuance of Contract

No.___________[reference number of the contract] dated _______________20______to

supply……………………………………………………………………………………..

[Description services](Hereinafter called “the contract”)

AND WHEREAS it bas been stipulated by you in the said Contract that the tenderer shall furnish
you with a bank guarantee by a reputable bank for the sum specified therein as security for
compliance with the Tenderer’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the tenderer a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
tenderer, up to a total of …………………………………………………….
[amount of the guarantee in words and figures],

and we undertake to pay you, upon your first written demand declaring the tenderer to be in
default under the Contract and without cavil or argument, any sum or sums within the limits of
………………………..
[amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons
for your demand or the sum specified therein.

This guarantee is valid until the _____ day of 20

__________________________________________________________________
Signature and seal of the Guarantors

____________________________________________________________________
[name of bank or financial institution]

____________________________________________________________________
[address]

______________________________________________________________________
[date]

35
(Amend accordingly if provided by Insurance Company)

36
BANK GUARANTEE FOR ADVANCE PAYMENT

To…………………………

[name of tender]………………………………………

Gentlemen and/or Ladies:

In accordance with the payment provision included in the special conditions of contract, which
amends the general conditions of contract to provide for advance payment,

…………………………………………………………………

[name and address of tenderer][hereinafter called “the tenderer”] shall deposit with the Procuring
entity a bank guarantee to guarantee its proper and faithful performance under the said clause of
the contract in an amount
of …………………………………………………………………………………………
[amount of guarantee in figures and words].
We,the ………………………………………………………………………………

[bank or financial institution], as instructed by the tenderer, agree unconditionally and

irrevocably to guarantee as primary obligator and not as surety merely, the payment to the
Procuring entity on its first demand without whatsoever right of objection on our part and
without its first claim to the tenderer, in the amount not exceeding
[amount of guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms of the Contract
to be performed thereunder or of any of the Contract documents which may be made between the
Procuring entity and the tenderer, shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment
received by the tenderer under the Contract until [date].

Yours truly,

Signature and seal of the Guarantors

____________________________________________________________
[name of bank or financial institution]

_____________________________________________________________
[address]

37
________________________________________________________________
[date]

LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________
_____________________
To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been
awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this
letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of
this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

38
39
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………
dated the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical
address…………….Fax No……Tel. No……..Email ……………, hereby request the Public Procurement
Administrative Review Board to review the whole/part of the above mentioned decision on the following
grounds , namely:-
1.
2.
etc.
By this memorandum, the Applicant requests the Board for an order/orders that: -
1.
2.
etc
SIGNED ……………….(Applicant)
Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………

SIGNED
Board Secretary

TENDER-SECURING DECLARATION

40
[The Tenderer shall fill in this Form in accordance with the instructions indicated.]
Date: [insert date ]
Tender No.: [insert tender number]

To: [insert name of Procuring Entity]

We, the undersigned, declare that:

We understand that, according to your conditions, tenders must be supported by a Tenders-

Securing Declaration.

We accept that we will automatically be suspended from being eligible for tendering in any
contract with the Procuring Entity for the period of time as determined by the Authority if we
are in breach of our obligation(s) under the tender conditions, because we:

(a) have withdrawn our Tender during the period of Tender validity specified in the Form
of Tender; or
(b) does not accept the Procuring Entity's corrections of arithmetic errors in accordance with
the Instructions to Tenderers; or

(c) having been notified of the acceptance of our Tender by the Procuring Entity during the
period of Tender validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail
or refuse to furnish the Performance Security, in accordance with the ITT.

We understand this Tender Securing Declaration shall expire if we are not the successful
Tenderer, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Tenderer; or (ii) twenty-eight (28) days after the expiration of our Tender validity
period.

Signed: [insert signature of person whose name and capacity are shown]

Name: [insert complete name of person signing the Tender Securing Declaration]

In the capacity of [insert legal capacity of person signing the Tender Securing Declaration]

Duly authorized to sign the Tender for and on behalf of: [insert complete name of Tenderer]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

[Note: In case of a Joint Venture, the Tender Securing Declaration must be in the name of all partners to
the Joint Venture that submits the tender.]

Annex 1

41
Evaluation Criteria
The evaluation will be carried into three stages as follows;
1. Preliminary Examination-Mandatory
At this stage, the bidder is required to provide the following;
a. Copies of certificate of incorporation
b. Valid tax compliance certificate
c. Form of tender duly filled
d. Tender security of Kenya shillings hundred thousand and or signed tender
declaration form for AGPO
e. Business Questionnaire duly signed
f. Declaration statement that bidder is not involved in fraudulent practices
g. Declaration statement that bidder is not debarred by PPRA
The above parameters are mandatory and any bidder who fails at this stage is
disqualified from further evaluation.

2. Technical Evaluation
At this stage the bidder is required to provide the following;
a. Experience in the relevant field (attach copies of previous and ongoing
contracts from clients 5No.) – 20
b. Statement that goods/services are from eligible country of origin-10
c. Attach operating licenses from the relevant authorities - 10
d. Credit period for 30 days after delivery -10
e. Audited Financial report for the previous two years and or bank
references/statements for new firms -10
f. Statement of compliance to quality of goods and services -10
g. Sanctity of the tender document (having the document intact) -20
h. Statement of readiness to supply goods and services within a short notice
-10
The pass mark in this stage is 70 points
3. Financial Evaluation
a. Determination of arithmetic errors
b. Comparison of rates

42