REQUEST FOR PROPOSALS

TENDER NO: ERC/PROC/4/3/13-14/047

SUPPLY, INSTALLATION AND COMMISSIONING OF BOARD MANAGEMENT SYSTEM (E-BOARD)

ENERGY REGULATORY COMMISSION

1ST FLOOR, EAGLE AFRICA CENTRE,
LONGONOT ROAD, UPPERHILL
P.O. Box 42681 – 00100
NAIROBI, KENYA.
Tel: +254-20-2847000/200
Fax: +254-20-2717603/21
E-mail: [email protected]
Web site: http//www.erc.go.ke

OCTOBER 2013

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 TABLE OF CONTENTS

Page

INTRODUCTION ………………………………………. 3

SECTION I INVITATION TO TENDER…………………………………. 4

SECTION II INSTRUCTIONS TO TENDERERS……………………….. 5

APPENDIX TO INSTITUTIONS TO TENDER …………. 19

SECTION III GENERAL CONDITIONS OF CONTRACT……………… 21

SECTION IV SPECIAL COND1TIONS OF CONTRACT……………….. 27

SECTION V SCHEDULE OF REQUIREMENTS……………………… 30

SECTION VI TECHNICAL SPECIFICATIONS………………………… 31

SECTION VI STANDARD FORMS………………………………………. 33

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 INTRODUCTION

1.1 This standard tender document for the procurement services has been prepared for use by procuring entities
in Kenya. It is to be used in the procurement of all types of services e.g.
i. Security.
ii. Cleaning.
iii. Servicing and repairs.
iv. Transport.
v. Clearing and forwarding.
vi. Air ticketing and travel arrangements and all others where there is no specific standard tender
document for procurement of that service.

1.2 The following general directions should be observed when using the document.

a) Specific details should be finished in the invitation to tender and in the special conditions of contract. The
final document to be provided to the tenderers should not have blank spaces or give options.

b) The instructions to tenderers and the general conditions of contract should remain unchanged. Any
necessary amendments to these parts should be made through the appendix to the instructions to the
tenderers or the general conditions of contract respectively.

1.3 Information contained in the invitation to tender shall conform to the data and information in the tender
documents to enable potential tenderers to decide whether or not to participate in the tender and shall indicate
any important tender requirements,

1.4 The invitation to tender shall be issued as an advertisement in accordance with the regulations or as a letter of
invitation addressed to the tenderers who have expressed interest following an advertisement of a
prequalification tender.

1.5 The cover of the tender document should be modified to include;

i. Tender number.
ii. Tender name.
iii. Name of procuring entity.
iv. Delete name and address of PPOA.

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SECTION I – INVITATION TO TENDER

Date_____________________

Tender REF No. ERC/PROC/4/3/13-14/047

Tender name: SUPPLY, INSTALLATION AND COMMISSIONING OF BOARD MANAGEMENT

SYSTEM (E-BOARD)

1.1 The ERC invites sealed tenders from eligible candidates for the supply of preventative maintenance of IT
equipments and UPS as per the terms of reference-Annexes 1 and 2.

1.2 Interested eligible candidates may obtain further information from and inspect the tender documents at (name,
address and physical location of the procuring entity including the relevant office) during normal working
hours.

1.3 A complete tender document may be obtained by interested candidates upon payment of a non- refundable
fee of (amount) in cash or bankers cheque payable to (accounting officer)-Not Applicable

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 ( 60 ) days 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 1st Floor, Eagle Africa Centre,Longonot Road, Upper Hill,
Nairobi or be addressed and posted to The Energy Regulatory Commission, Eagle Africa Centre,
Longonot Road, Upper Hill, P.O. Box 42681-00100 Nairobi to be received on or before Thursday 7th
November 2013 at 11.30 am.

1.6 Tenders will be opened immediately thereafter in the presence of the tenderers representatives who choose to
attend the opening at ERC Hearing Room, located at Eagle Africa Centre, Longonot Road, Upper Hill,
Nairobi

Michael K.Mwangi
For: DIRECTOR GENERAL

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SECTION II – INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS. Page

2.1 Eligible Tenderers ………………………………………………… 6

2.2 Cost of tendering …………………………………………………. 6
2.3 Contents of tender documents ……………………………………... 7
2.4 Clarification of Tender documents ………………………………… 7
2.5 Amendement of tender documents ………………………………… 8
2.6 Language of tenders ……………………………………………….. 8
6.1.1. Documents comprising the tender …………………………………. 8
2.7 Form of tender ……………………………………………………... 9
2.8 Tender prices ………………………………………………………. 9
2.9 Tender currencies ………………………………………………….. 9
2.10 Tenderers eligibility and qualifications ……………………………. 9
2.11 Tender security ……………………………………………………. 10
2.12 Validity of tenders ………………………………………………… 11
2.13 Format and signing of tenders ……………………………………... 11
2.14 Sealing and marking of tenders ……………………………………. 12
2.15 Deadline for submission of tenders ………………………………... 12
2.16 Modification and withdrawal of tenders ………………………….... 12
2.17 Opening of tenders …………………………………………………. 13
2.18 Clarification of tenders …………………………………………….. 14
2.19 Preliminary Examination …………………………………………... 14
2.20 Conversion to other currencies …………………………………….. 15
2.21 Evaluation and comparison of tenders ……………………………... 15
2.22 Contacting the procuring entity …………………………………… 16
2.23 Post-qualification ………………………………………………….. 17
2.24 Award criteria ……………………………………………………... 17
2.25 Procuring entities right to vary quantities …………………………. 17
2.26 Procuring entities right to accept or reject any or all tenders ……… 17
2.27 Notification of award …………………………………………….... 18
2.28 Signing of Contract ………………………………………………... 18
2.29 Performance security ……………………………………………… 19
2.30 Corrupt or fraudulent practices ……………………………………. 19

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SECTION II INSTRUCTIONS TO TENDERERS

2.1 Eligible 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.

2.2 Cost 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/=( Not Applicable)

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

2.3 Contents of tender documents

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 Condtions of Contract
iv) Schedule of Requirements

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 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.

2.4 Clarification 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

2.5 Amendment 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.

2.6 Language 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

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 English translation of the relevant passages in which case, for purposes of interpretation of the tender, the
English translation shall govern.

2.7 Documents 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

2.8 Form 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.

2.9 Tender 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

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

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2.12 Tender Security

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

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

2.12.2 The 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

2.12.3 The 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

2.12.4 Any 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

2.12.5 Unsuccessful 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.

2.12.6 The 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.

2.12.7 The tender security may be forfeited:

(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

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2.13.1 Tenders 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.

2.13.2 In 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

2.14.1 The 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.

2.14.2 The 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.

2.14.3 The 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

2.15.1 The 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, tender number and name in the invitation to tender and the words: “DO NOT OPEN BEFORE
Thursday 7th November 2013 at 11.30 am,”

2.15.3 The 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”. —

2.15.4 If 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

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

specified under paragraph 2.15.2 no later than Thursday 7 November 2013 at 11.30 am.
th

2.16.2 The 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.

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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

2.17.1 The 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.

2.17.2 The 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.

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

2.17.4 No 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.

2.17.5 The procuring entity may at any time terminate procurement proceedings before contract award and shall not
be liable to any person for the termination.

2.17.6 The 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

2.18.1 The Procuring entity will open all tenders in the presence of
tenderers’ representatives who choose to attend, at ERC Hearing Room on Thursday 7 November 2013 at
th

11.30 am.and in the location specified in the invitation to tender. The tenderers’ representatives who are
present shall sign a register evidencing their attendance.

2.18.3 The 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.

2.18.4 The 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

2.19.1 To 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.

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

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 Comparison or contract award decisions may result in the rejection of the tenderers’ tender.

2.20 Preliminary Examination and Responsiveness

2.20.1 The 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.

2.20.2 Arithmetical 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.

2.20.3 The 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.

2.20.4 Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring entity will determine the substantial
responsiveness of each tender to the 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.

2.20.5 If 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

2.21.1 Where 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.

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

2.22.2 The 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.

2.22.3 The 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;

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2.22.4 Pursuant 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 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.

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

2.22.6 To 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

2.23.1 Subject 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.

2.23.2 Any 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

2.24.1 In 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.

2.24.2 The 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

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 appropriate.

2.24.3 An 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
2.24.3 Subject 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.

2.24.4 The 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.

2.24.5 A 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.

2.25 Notification of award

2.25.1 Prior 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.

2.25.2 The 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.

2.25.3 Upon 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

2.26.1 At 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.

2.26.2 Within 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.

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2.26.3 The 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

2.27.1 Within 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.

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

2.28 Corrupt or Fraudulent Practices

2.28.1 The 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.

2.28.2 The 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;

2.28.3 Further, a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from
participating in public procurement in Kenya.

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APPENDIX TO INSTRUCTIONS TO THE TENDERERS

Notes on the appendix to instruction to Tenderers

1. The appendix to instructions to tenderers is intended to assist the procuring entity in providing specific
information in relation to corresponding clauses in the instructions to tenderers included in section II and the
appendix has to be prepared for each specific procurement

2. The procuring entity should specify in the appendix information and requirements specific to he circumstances
of the procuring entity, the processing of the procurement and the tender evaluation criteria that will apply to
the tenderers
3. In preparing the appendix the following aspects should be taken into consideration

a. The information that specifies and complements provisions of section III to be incorporated

b. Amendments of section II as necessitated by the circumstances of the specific procurement to be also

incorporated.

4. Section II should remain intact and only be amended through the appendix.

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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 instructions to

tenderers

2.1 Tenders which meet all technical

specifications

2.10 Kenya shillings

2.11 As indicated in the terms of reference

2.12 Ksh. 20,000

2.24 Confirmation of provided details may be

done where necessary.

2.30 Performance security of Ksh.

120,000.

Other’s as necessary Any clarifications shall be provided by

our IT Manager, Mr. Jared Arika who
can be reached through office lines
0722200947 or 0734 414333

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SECTION III GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS Page

3.1 Definitions
3.2 Application
3.3 Standards
3.4 Use of contract documents and information
3.5 Patent Rights
3.6 Performance security
3.7 Inspections and tests
3.8 Payment
3.9 Prices
3.10 Assignment
3.11 Termination for default
3.12 Termination for insolvency
3.13 Termination for convenience
3.14 Resolution of disputes
3.15 Governing language
3.16 Force majeure
3.17 Applicable law
3.18 Notices

Page 18 of 53
 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

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.

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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
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.

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3.10 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:

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

3.13.1 The 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.
3.13.2 For 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

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.

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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.

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 SECTION IV SPECIAL CONDITIONS OF CONTRACT

Notes on Special Conditions of Contract

The clauses in this section are intended to assist the procuring entity in providing contract specific information
in relation to corresponding clauses in the general conditions of contract.
The provisions of section IV complement the general conditions of contract included in section III, specifying
contractual requirements linked to the special circumstances of the procuring entity and the procurement of
services required. In preparing section IV, the following aspects should be taken into consideration.

a) Information that complement provisions of section III must be incorporated

b) Amendments and/or supplements to provision of section III, as necessitated by the circumstances of the
specific service required must also be incorporated

Where there is a conflict between the provisions of the special conditions of contract and the provisions of the
general conditions of contract the provisions of the special conditions of contract herein shall prevail over the
provisions of the general conditions of contract.

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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 Provided in appendix to instructions

3.8 Performance shall be defined by meeting all

requirements of the user at all times without
compromise.
3.9 Price adjustment not allowed unless as agreed
by both parties in writing
23.14 Disputes shall be resolved by an arbiter
appointed in manner agreeable by both parties
or Institute of arbitrators of Kenya before being
referred to court
3.17 Laws of Kenya shall apply
3.18 Buyers address as indicated in cover page and
vendors address as shall be provided in
submission of bid.
Other’s as necessary N/A

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SECTION V – SCHEDULE OF REQUIREMENTS

Notes for preparing the schedule of requirements

The schedule of requirements for the services shall be included in the tender documents by the procuring entity and
shall cover at the minimum a description of the goods and services to be supplied and the delivery schedule.
The objectives of schedule of requirements is to provide sufficient information to enable tendrerers to prepare their
tenders efficiently and accurately, in particular, the price schedule, for which information is provided.
In addition, the schedule of requirements, together with the price schedule, should serve as a bases in the event of
quantity variations at the time of award of contract pursuant to instructions to tenderers clause 26.
The date or period of delivery should be carefully specified, taking into account the date prescribed herein from which
the procuring entity’s delivery obligations start (notice of award).

This part will include any deliverables under the service contract

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SECTION VI DESCRIPTION OF SERVICES

Notes for preparing technical specifications

A set of precise and clear description of the services required is a prerequisite for tenderers to respond realistically and
competitively to requirements of the procuring entity without qualifying their tenders, the specifications should require
that all goods and services to be incorporated be new, and of the most recent improvements – in design and materials
unless otherwise provided for in the contract.
Samples of specifications from previous similar procurement are useful in their respect.

Care must be taken in describing the services to ensure that they are not restrictive. In the description of services
describing the services recognized national or international standards should be used as much as possible. Where
other particular standards are used, the description should state the services that meet other authoritative standards
and which ensure at least a substantially equal quality than other standards mentioned will also be acceptable.

This part will include any deliverables under the service contract.

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SECTION VI – DESCRIPTION OF SERVICES

TERMS OF REFERENCE LOT ONE (1)

Introduction

The commission has implemented a Regulatory Management Information System (RMIS)

that has automated most of its business processes through integration of Enterprise
Resource Planning (ERP) System, Document Management System (DMS), Interactive
Voice Response (IVR) and Short Message System (SMS). The integrated system supports
the commission to discharge its mandate. However, the business processes on board
meetings are largely handled manually. The commission intends to leverage on the
advancement in technology to deploy the state of the art solutions to automate the Board
business processes. The commission is seeking bids from competent bidders to supply
and install a state of the art Board Management System (BMS).

PROBLEM STATEMENT

i. There is lack of Board Management System that can be used to effectively manage
and administer the board meeting business processes. Each Head of Department
develops board papers and submit them to Commission Secretary for compilation
and distribution to the Commissioners.
ii. The board papers are delivered to the commissioner’s offices or place of resident
by ERC drivers, sometimes deliveries are made in the late hours, meaning that the
ERC staff has to work odd hours.
iii. There is a lot of printing works in preparation of the board papers causing printer
breakdowns and unnecessary cost overheads

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 iv. There is no central repository of board related documents, version control and
archiving. The board minutes and resolutions are kept in files and no soft copies
exist.
v. Occasionally the commissioner can show up for the meeting without the board
papers sent to him/her and request for a new set of papers. This forces the
Commission Secretary to prepare board pack commissioner.
vi. There is lack of audit trail on accessibility and distribution of board meeting
papers

OBJECTIVE OF THE ASSIGNMENT

In view of the business processes and problem statement, the ERC desires to:
i. Implement a Board Management System (BMS) that will address the
computerization of the entire Commission Board and Management Meetings. It
is envisaged that the BMS will be available to both internal users and the
Commissioners through a web portal (Internet based access).

ii. Facilitate the dissemination/distribution of board papers in soft copies;

iii. Improve efficiency and minimize costs by providing flexible, alert notification to
commissioners and senior staff whenever the board papers have been posted in
the system. The notifications shall be in the form of emails or short message
service (SMS) ;

iv. Ensure that the ERC users and IT administrators are suitably trained and
equipped in the usage of the Board Management System.

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SCOPE OF WORK

The scope of work includes:-

i. The supply, installation and commissioning of Board Management System with a
web interface.

ii. Supply and set up of a centralized database (Relational Database Management

System).

iii. Setup of necessary IT security measures for the Board Management System.

iv. Supply and installation/setup of the appropriate software, licenses and kits.

v. Migration of data from manual systems.

vi. Training of users: End users (18 ) and IT Staff (3) in numbers

vii. Provision of warranty after successful commissioning (go-live) of system.

viii. Provision of support after go live

ix. Preparation and timely submission of project reports.

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BIDDER QUALIFICATION REQUIREMENTS

The bidder should have been in operation as a supplier and installer of the propose Board
Management Systems for a minimum period of three (3) years.

The bidder must demonstrate thorough knowledge on the business processes i.e. the bidder
has developed, implemented and supported an Enterprise Resource Planning system
in any institution with similar business processes as Energy Regulatory Commission.

The bidder must provide a copy of certification/authorization from the manufacturer or

distributor to do business as an authorized vendor for the proposed Board
Management System.

The bidder must submit at least five (5) sites where the proposed Board Management
System has been implemented, preferably for Government bodies.

The bidder must submit information in the required formats supporting their experience
in information management systems, computer hardware, network planning and
design, computer applications/programming, telecommunication networks, I.T.
policy formulation and implementation in the last five (5) years.

Demonstrate experience and capability in data storage management.

Technical specialists with at least three (3) years’ experience installing and configuring
Board Management Systems. The specialists should have the relevant certificates
that indicate skills and training in installing, configuring and commissioning BMS
systems of the nature proposed in the contract

The bidder must provide at least five (5) references letter from sites where they have
supplied similar services in the last 3 years.

DURATION FOR THE ASSIGNMENT

It is envisaged that the entire implementation duration will be a maximum of 3 months.

However, bidders are encouraged to propose a lesser duration as may be practically
possible while meeting all the requirements of the Terms of Reference.
The project implementation duration does not include the warranty period, which period
will commence immediately after commissioning the system, for a period of one (1) year.

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ADMINISTRATIVE AND REPORTING FRAMEWORK

The contractor will be responsible to the Director General of the Energy Regulatory,
through the appointed Project Manager on all matters of the project. The contractor will
work closely with the ERC technical and IT staff. The Client will provide the following
inputs:
i. Relevant reference material
ii. Facilitate access to the ERC regulations and other necessary documents.
iii. Facilitate access to appropriate ERC and stakeholder officers.
iv. Meetings with relevant institutions as and when required.
v. Working area for project consultants

DELIVERABLES
i. Inception Report giving a detailed understanding of the assignment.
ii. Project charter.
iii. A detailed work plan with the resource requirements schedule.
iv. Risk management report
v. Functional Requirements Design
vi. Weekly status reports
vii. Training of administrators and end users
viii. Installed and commissioned ERP system
ix. Installed and configured supporting hardware and software systems as
applicable.
x. Final project report
xi. Warranty of 1 year for software
xii. Warranty Reports

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TERMS OF PAYMENT

The terms of payments to the bidder will be as below:

i. The payment will be made in Kenya Shillings or currency of tender.

ii. Payments shall be tied to deliverables as per below schedule.
iii. Be made according to the conditions of contract.

SN Description Payment Amount

1 Upon delivery and approval of Inception report, Project 20%
Charter, Gap Analysis Report, detailed work plan, Risk
management report and Functional Requirements Design
Document.
2 Upon delivery and installation and configuration software 30 %
6 Upon Commissioning of the Board Management system 50 %

METHODOLOGY

The bidder should clearly provide information regarding the implementation

methodology, which the bidder utilizes. This should be framed in terms of the
various stages associated with the implementation. In addition, the bidder should
identify the tools utilized for maintaining the project schedule and required
resources.

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TECHNOLOGY TRANSFER

As part of the implementation process, it is the hope of ERC that its existing information
systems personnel can gain significant expertise in both the technology used by the
application as well as the inner workings of the application itself. It is our
requirement that you identify the steps involved in getting our IT personnel
familiar with all aspects of your application.

TECHNOLOGY

The bidder must define the technology platform(s) to be used to fully deliver their
proposed solution. This should include:
- The proposed components of the system (Names and versions)
- The application development environment.
- The database proposed.
- Operating system proposed.
- Client or end-user operating systems supported
- Network environment(s) supported.

TRAINING

ERC attaches great importance to the training of its staff at different levels including
system support, database administrators, operational personnel and end users.

The successful supplier of the solution will be required to provide training as an essential
part of the contract. The supplier will conduct training using the most efficient and
effective techniques and use qualified personnel.

Training for the system administrators must be instructor-led, conducted off-site and be
certified through vendor examinations.

Training for end users will be on-site and scheduled according to the user roles.

The bidder should include the training program and cost in detail for ERC to assess its
adequacy.

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WARRANTY

Demonstrate capability to offer post commissioning support services on warranty basis,

within Kenya, for a period of one (1) year after date of commissioning of the
system.

Documentation or a clear statement of undertaking, committing the bidder to provide the

warranty, must be included in the proposal.

All software and hardware supplied should be accompanied with one-year.

Bidders must include a sample Warranty Agreement that describes the warranty terms
and conditions. During warranty period, the contractor will be required to work
after hours to fix problems that would negatively impact normal operations of the
Commission.

TECHNICAL SPECIFICATIONS OF THE ERP SYSTEM

Summarized Board Management System Requirements

i. Web based (Internet Browser) system access to BMS modules.
ii. Compatible to most Handheld devices like Ipad 4 or Equivalent
iii. Compatible Operating Systems
iv. Relational Database Management System
v. Ability for system to be backed up
vi. Report Generation Software
vii. On-site training of end users (between 18 to 25 staff in different roles)
viii. Audit trail mechanisms

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Technical Responsiveness Checklist
Note to Bidders: The following Checklist is provided to help the Bidder organize and
consistently present its Technical Bid. For each of the following Technical Requirements,
the Bidder must describe how its Technical Bid responds to the requirements.

In addition, the Bidder must provide cross references to the relevant supporting
information, if any, included in the bid. The cross reference should identify the relevant
document(s) and page number(s). The cross reference should be indicated in the column
“DETAILED DESCRIPTION”.

The Technical Responsiveness Checklist does not supersede the rest of the Technical
Requirements (or any other part of the Bidding Documents). If a requirement is not
mentioned in the Checklist that does not relieve the Bidder from the responsibility of
including supporting evidence of compliance with that other requirement in its Technical
Bid. One- or two-word responses (e.g. "Yes," "No,", "Will comply," etc.) are normally not
sufficient to confirm technical responsiveness with Technical Requirements.

Bidders shall use the following options to indicate the “DEGREE OF SUPPORT OF
COMPLIANCE” their solution provides for each of items listed in this section:

1. FS - (Fully Supported) the application fully supports the requirement without any
modifications.

2. PS - (Partially Supported) the application supports the requirement with use of a

workaround.

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3. CR (Customization required) the application will be customized to meet the
requirement(s).

4. NS - (Not Supported) the system is not capable of supporting the requirement and
cannot be modified to accommodate the requirement.

Where customizations are required, clearly and comprehensively indicate the plan,
design and/or approach to be undertaken to achieve the requirements.

A clause-by-clause commentary on the Technical Specifications demonstrating

substantial responsiveness of the goods and service to those specifications or a statement
of deviations and exceptions to the provisions of the Technical Specifications is required.

For each SPECIFICATION, bidders are requested to provide a clear and concise
explanation in the DETAILED DESCRIPTION section or provide a cross-reference to
where that explanation or supporting information can be found in other part of the
technical proposal.

Please fill in the COMPLIANCE column as appropriate to indicate one of the responses
listed above for each item and add as many comments, diagrams, maps and/or
screenshots in the DETAILED DESCRIPTION column.

Page 36 of 53
Detailed Technical Specifications

COMPLIAN
CE
DETAILED
N STATEMEN
ITEM TECHNICAL SPECIFICATION DESCRIPTI
O T
ON
(FC, PC, CR,
NS)
BMS SYSTEM REQUIREMENTS
1. General The system should be online centralized, distributed and
Requirements networked – with both (LAN and Wan) capabilities / client-
of system server based networked system
The system should ensure that input data is available online
immediately.
Board Management System should be available through both
Intranet and Internet (web based). HTTPS connection is
required for access through Internet.
The System should be able to have defined user access level.
System should have facility to define workflows as per access
level.

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The system should be user friendly, menu driven, user
definable, extensive parameter driven and field level help
features
The system should have an extensive use of parameters and
tables to ensure that the system is flexible to enable the ERC to
accommodate changes in the regulations, policies and
procedures
The system should send notifications alerts to
commissioners/senior management whenever a new
document has been posted
The system should have adequate data entry security controls-
validation, check digit, etc
The system should notify the system administrator whenever
an authorized access is initiated by any user.
The system should allow documents to be posted online.

Page 38 of 53
2. System The system should have a compliance module that facilitates
Features generation of information on corporate checklist, statutory
compliance status, Risk management position and
publishment of announcements.
The system should have planning module that captures the
critical documents such as strategic plans, business plans,
forecasts and calendar
The system should have Commissioner/Director
Management module which allows capturing of
Directors/Commissioners skill matrix,CVs,Board charter,
attendance, evaluations, define committee and committee
members
The system should have board management module to
facilitate capturing of such activities as meeting scheduling,
sending meeting reminders, capturing meeting agendas etc
The BMS should have a system wide audit trail.

Page 39 of 53
EVALUATION CRITERIA

The Criteria for the evaluation of Technical and Financial

Proposals are as follows:
(I) Technical Evaluation
This will be based on the technical proposal submitted in
accordance to the forms provided and the following criteria shall be
used:-
Total Technical Score : 100 Marks
Weightage: The total technical score will carry 80% of overall
evaluation score (combined Technical and Financial score).

Stage 1 - Desk Evaluation

Item Marks
Technical Capacity (Relevant References) 15
Technical Capacity – Implementing Personnel 15
Technical Specifications 50
Project Plan and Methodology 10
Training 10
Total 100
Bids that score equal or above 70% in the Technical evaluation
stage will proceed to Financial evaluation stage. Bids that score
less than 70% shall be treated as non-responsive and will not be
further evaluated.
(II) Financial Evaluation

Weightage: This will carry a total of 20% of the over all evaluation
score.

Each of the financial submissions will be divided by the lowest

financial quote to determine the financial score of each.
The formula for determining the financial scores is the following:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest
price and F is the price of the proposal under consideration.

(III)Combined technical and financial scores:

The following formula shall be used: T.S (80%) + F.S (20%) = T.T.L
(100%)
T.S = Technical Score (as evaluated above)
F.S = Financial Score (as evaluated above)
T.T.L = Total Score

Page 40 of 53
The bid with the highest combined Technical and Financial Score
will be awarded the tender and invited for negotiations with the
client.

41
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.

42
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

43
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___________

44
 PRICE SCHEDULE OF SERVICES

Name of Tenderer _________Tender Number________. Page ____of ______.

1 2 3 4 5 6 7

Item Description Quantity & Duration Unit Total Price Unit Price
quality Price of other
EXW per incidental
item services
payable
(cols. 4x5)

Signature of tenderer ________________________________________________

Note 1: In case of discrepancy between unit price and total, the unit price shall prevail.

Note 2: bidder is free to give an alternative price schedule as may be applicable to his offer of the
services

45
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_______________.

46
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………………………..

47
48
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)

49
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]

(Amend accordingly if provided by Insurance Company)

50
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]

________________________________________________________________
[date]

51
 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

52
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
53