Prequalification of Procuring Entities
Prequalification of Procuring Entities
Prequalification of Procuring Entities
PREQUALIFICATION DOCUMENT
(Works, Heavy Equipment, Supply and Installation Contracts)
Page
INTRODUCTION ……………………………………… 3
SECTION I - Invitation for prequalification ……………... 4
Contract Commitments/Works
in progress - (Form 4)
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INTRODUCTION
1.1 This standard procurement prequalification document has been prepared for use
by the procuring entities in Kenya and is intended for use in prequalifying
candidates wishing to tender for buildings, civil Engineering works, Large Plant,
heavy Equipment and certain types of supply and installation contracts where the
procuring entity determines it is necessary for procurement to be made through a
prequalification process. It may also be used by a procuring entity for the purpose
of registration of candidates.
1.2 The standard document includes a form for invitation for prequalification,
instructions to candidates and a letter of application with attached forms for
candidates to complete.
1.3 For purposes of simplifying presentation, the document has been written for
construction contracts (commonly used). Care should therefore be taken when
preparing prequalification document for specific cases to ensure that the
prequalification criteria are clear and explicit, and that they refer to the needs and
characteristics of the specific procurement. For this purpose where appropriate,
“Works” should be substituted by “Equipment” or “Plant” as the case may be and
“Contractor” should be replaced with “Supplier” or “Manufacturer” as the case
may be.
1.4 The following directions should be observed when using the standard
procurement prequalification document.
(a) The forms will require adaptation to suit the requirement of each proposed
procurement
(b) specific details, such as the names of the procuring entity should be
furnished in the spaces indicated in the text.
(c) Where alternative clauses or texts are shown, the user should select those
that best suit the particular contract and should discard the alternative text
that will not apply.
1.5 The notes in the text of the prequalification documents are meant to assist the
procuring entity in the preparation of the document. They are not part of the
prequalification document and should therefore be deleted as the document is
prepared.
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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 FOR PREQUALIFICATION (IFQ)
6. All candidates whose applications will have been received before the closing
date and time will be advised in due course, of the results of their applications.
Only candidates prequalified under this prequalification process will be
invited to tender.
Note
1. The IFPQ shall be advertised as per the procurement law and the regulations
3. The IFPQ shall be incorporated into the prequalification document and the
information contained in the IFPQ shall conform to it.
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SECTION II - INSTRUCTIONS TO CANDIDATES
2. All the blank spaces should be properly completed by the procuring entity
before the prequalification document is given to the candidates.
3. The note accompanying the clauses in this part are not part of the text. They
are meant to assist the procuring entity when preparing the prequalification
document. The notes should not be incorporated in the actual prequalification
documents.
4. Where in the text alternative clauses are shown, the procuring entity should
select those suitable for the particular contract and discard the alternative text
that will not apply. This should also be clarified in the appendix to
instructions to candidates.
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SECTION II - INSTRUCTIONS TO CANDIDATES
Table of Contents
Page
2.9 Preferences
2.10 General
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SECTION II - INSTRUCTIONS TO CANDIDATES
2.1.1 The (name of procuring entity) hereinafter referred to as the procuring entity
intends to prequalify contractors for the following (particulars of the
procurement). It is expected that prequalification applications will be submitted
to be received by the procuring entity not later than (day, date and time)
Note “Describe the work in sufficient detail to identify the location, nature and
complexity of the works, the information should be prepared for each
procurement/contract.
Approximate quantities of major items of work should be indicated, but the
estimated cost should not be disclosed in this instruction or in invitation for
prequalifications.”
2.1.2 Prequalification is open to eligible firms and voluntarily formed joint ventures as
indicated in appendix to instructions to candidates.
2.2.2 The name and mailing address of the applicant may be marked on the envelope.
2.2.3 All the information requested for pre qualification shall be provided in the English
language. Where information is provided in any other language, it shall be
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accompanied by a translation of its pertinent parts into English language. The
translation will govern and will be used for interpreting the information.
2.2.4 Failure to provide information that is essential for effective evaluation of the
applicant’s qualifications or to provide timely clarification or sub substantiation of
the information supplied may result in the applicant’s disqualification.
2.2.5 A consultations and clarifications meeting will be held at (place, date and time) at
which applicants may request clarifications of the prequalification document.
Attendance of this meeting will be voluntary
Note “The information in 2.2.5 should only be used if a consultations and clarifications
meeting is necessary and planned. Such meetings are normally called only for
very large and/or complex procurements.
2.3.1 This invitation for pre-qualification is open to all candidates who are eligible as
defined in Kenya’s Public Procurement Law and regulations and as indicated in
the appendix to instructions to candidates.
2.3.2 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.
2.3.3 All terms found capable of performing the contract satisfactorily in accordance to
the set prequalification criteria shall be prequalified.
Note “The eligibility criteria must comply with the law. It should not deliberately
discriminate or inhibit competition
2.4.2 When highly specialized inputs (especially for execution of the contact) are
required by the applicant from specialist sub contractors, such subcontractors and
their inputs shall be described in the Standard Form 1 (General Information)
2.4.3 General Experience. The applicant shall meet the following minimum criteria
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(a) average annual turnover as main contractor (defined as billing for works in
progress and completed) over the last (15) years of Kshs.
(16) and
(b) successful experience as prime contractor in execution of at least three
projects (17) of a nature and complexity comparable to the proposed contract
within the last (15) years. This experience should include
(18)
Note (15) This time is normally five years but may be less if circumstances warrant I
it
(16) Usually not less than 2 ½ times the estimated annual cash flow in the
proposed contract or works (based on a straight line projection) the
coefficient may be smaller for very large or very small contract, but not
les than 1.5, and should take into consideration special contract/work
circumstances
(17) May be reduced or increased
(18) Indicate in this part the critical experience for the proposed
works/contract
2.4.4 Personnel capabilities. The applicant must have suitably qualified personnel to
fill the following positions(19)
Other Position
Other position
Note (19) List only Key management specialist positions. Do not include principals,
head office personnel who are not key to the project/works and other non-
specialist personnel. The experience requirements should be specified
2.4.5 Equipment capabilities. The applicant should own, or have assured access
(through hire, lease, purchase agreement, availability of manufacturing
equipment, or other means) the following key items of equipment in full good
working order, and must demonstrate that, based on known commitments they
will be available for use in the proposed contract. The applicant may also list
alternative equipment that it would propose for the contract together with an
explanation of the proposal
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Equipment type and characteristics Minimum number required
1)
2)
3)
2.4.6 Financial position. The applicant shall demonstrate that it has access to, or has
available, liquid assets, unencumbered real assets, lines of credit and other
financial means sufficient to meet the construction cash flow for a period of
months, estimated at Kshs. (21), net of the applicants
commitments for other contracts.
Note (21) This figure should be accurate to adequately reflect the financial cash flow
commitment for the contract
2.4.7 The audited Accounts (22) for the last (23) years shall be
submitted and must demonstrate the soundness of the applicant’s financial
position, showing long-term profitability. Where necessary the procuring entity
will make inquiries with the applicant’s bankers.
Note (22) Audited Accounts requirement may be relaxed by the procuring entity
especially for firms owned by individuals and partnerships where the law does not
require them to be prepared.
(23) This period is usually five years but may be reduced in special
contract/works circumstances.
2.4.8 Litigation history the applicant should provide accurate information on any
litigation or arbitration resulting from contracts completed or under its execution
over the last five years. A consistent history of awards against the applicant or
any partner of a joint venture may result in failure of the application.
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2.5 Joint Venture
Note (24) Care should be exercised in drafting this clause. In certain types of projects,
joint ventures are formed by assembling the specialist skills of various
contractors (e.g. civil, electrical, mechanical, and industries). In such cases, the
provisions referring to the lead partner and “other partners” must be tailored to
particular circumstances o the project
(ii) The other partners shall meet individually not less than ( %)
of all the qualifying criteria given in para. 2.4.3 and 2.4.6 above
(iii) The joint venture must satisfy collectively the criteria of section 4, for
which propose the relevant figures for each of the partners shall be added together
to arrive at the joint ventures total capacity. Individual members must each
satisfy the requirements of para 2.4.7 and 2.4.8 above.
(b) The formation of a joint venture after pre-qualification and any change in
a prequalified joint venture will be subject to the written approval of the procuring
entity prior to the deadline for submission of bids. Such approval may be denied
if (i) partners withdraw from a joint venture and the remaining partners do not
meet the qualifying requirements (ii) the new partners to a joint venture are not
qualified, individually or as an another joint venture; or (iii) in the opinion of the
procuring entity a substantial reduction in competition may result.
(c ) Any future bid shall be signed so as to legally bind all partners, jointly and
severally, and any bid shall be submitted with a copy of the joint venture
agreement providing the joint and several liability with respect to the contract.
2.5.2 The pre-qualification of a joint venture does not necessarily pre qualify any of its
members individually as a member in any other joint venture or association. In
case of dissolution of a joint venture, each one of the constituent firms may
prequalify if it meets all the prequalification requirements, subject to a written
approval of the procuring entity
2.6.1 Any public owned enterprise may be eligible to qualify if, in addition to meeting
all the above requirements, it is also legally and financially autonomous, it
operates under commercial law, and it is not a dependent agency of another public
entity.
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2.7. Conflict of Interest
2.7.1 The applicant (including all members of a joint venture) shall not be associated,
nor have been associated in the past, with the consultant or any other entity that
has prepared the design, specifications, and other prequalification and bidding
documents for the project, or with an entity that was proposed as engineer for the
contract. Any such association must be disclosed and may result in the dis-
qualification of the applicant.
2.8.1 Pre qualified candidates shall be required to update the financial information used
for pre qualification at the time of submitting their bids and to confirm their
continued compliance with the qualification criteria. A bid shall be rejected if the
applicant’s qualification thresholds are no longer met at the time of bidding.
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APPENDIX TO INSTRUCTIONS TO CANDIDATES
3. The procuring entity should use the appendix to ensure that all relevant
information to the candidates relating to a particular pre qualification is included.
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APPENDIX TO INSTRUCTIONS TO CANDIDATES
The following instructions for the pre qualification of candidates shall supplement,
complement or amend the provisions of the instructions to candidates.
Where there is a conflict between the provisions of the instructions to candidates and the
provisions of the appendix, the provisions of the appendix herein shall prevail over those
of the instructions to the candidates.
Note
To be completed appropriately by the procuring entity. Reference will be made to
the relevant clause of the Instructions to Candidates.
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SECTION III - LETTER OF APPLICATION
The letter of application will be prepared by the applicant and will follow the form
presented herein.
The letter of application will be prepared on the letterhead paper of the applicant or
partner responsible for a joint venture and will include full postal address, telephone
numbers, fax number and Email address.
Any clause which does not apply to the applicant in the letter of application herein
shall be deleted by the applicant.
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SECTION III - LETTER OF APPLICATION
Date ……………………………
To …………………………………
……………………………….
(name and address of the procuring entity)
2.
3.
4.
5.
3. Your Agency and its authorized representatives are hereby authorized to conduct
any inquiries or investigations to verify the statements, documents, and information
submitted in connection with this application, and to seek clarification from our bankers
and clients regarding any financial and technical aspects. This letter of Application will
also serve as authorization to any individual or authorized representative of any
institution referred to in the supporting information, to provide such information deemed
necessary and as requested by yourselves to verify statements and information provided
in this application, such as the resources, experience, and competence of the Applicant.
4. Your Agency and its authorized representatives may contact the following
persons for further information.
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General and managerial inquiries
Contract 1 Telephone 1
Contract 2 Telephone 2
Personnel inquiries
Contract 1 Telephone 1
Contract 2 Telephone 2
Technical inquiries
Contract 1 Telephone 1
Contract 2 Telephone 2
Financial inquiries
Contract 1 Telephone 1
Contract 2 Telephone 2
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(a) signed so as to legally bind all partners, jointly and severally; and
(b) submitted with a joint venture agreement providing the joint and several
liability of all partners in the event the contract is awarded to us.
8. The undersigned declare that the statement made and the information provided
in the duly completed application are complete, true, and correct in every
detail.
Signed Signed
Name Name
For and on behalf of (name of Applicant or For and on behalf of (name of partner)
lead partner of a joint venture)
Signed Signed
Name Name
For and on behalf (name of Partner) For and on behalf of (name of partner)
Signed Signed
Name Name
For and on behalf (name of Partner) For and on behalf of (name of partner)
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SECTION IV - STANDARD FORMS
Table of Contents
1. General information
5. Personnel capabilities
5A Candidate summary
6. Equipment capability
7. Financial capability
8. Litigation History
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SECTION IV - STANDARD FORMS
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requirements stated for each position. The data on their
experience shall be supplied on Form 5A
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APPLICATION FORM(1)
GENERAL INFORMATION
1. Name of firm
3. Telephone Contact
4. Fax E-mail
Nationality of owners
Name Nationality
1.
2.
3.
4.
5.
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APPLICATION FORM (2)
1.
2.
3.
4.
5.
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APPLICATION FORM (2A)
1. Lead partner
2. Partner
3. Partner
4. Partner
5. Partner
6. Partner
Total value of annual construction turnover, in terms of work billed to clients, in Kshs.
3. Partner
4. Partner
5. Partner
6. Partner
Totals
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APPLICATION FORM (3)
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APPLICATION FORM (3A)
1. Number of contract
Name of Contract
Country
2. Name of employer
3. Employer address
4. Nature of works and special features relevant to the contract for which the Applicant wishes to
prequalify
7. Date of award
8. Date of completion
10 Specified requirements
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APPLICATION FORM (4)
2.
3.
4.
5.
6.
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APPLICATION FORM (5)
PERSONNEL CAPABILITIES
Name of Applicant
1. Title of position
2. Tile of position
3. Title of position
4. Title of position
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APPLICATION FORM (5A)
CANDIDATE SUMMARY
Name of Applicant
Position Candidate
* Prime * Alternate
Candidate 1. Name of candidate 2. Date of birth
information
3. Professional qualifications
Fax E mail
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APPLICATION FORM (6)
EQUIPMENT CAPABILITIES
Name of Applicant
Item of equipment
Equipment information 1. Name of manufacturer 2. Model and power rating
…………………………………………………………………………..
Omit the following information for equipment owned by the Applicant or partner
Owner 8. Name
9. Address of owner
……………………………………………………………..
Fax Email
………………………………………………………………………….
…………………………………………………………………………..
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APPLICATION FORM (7)
FINANCIAL CAPABILITY
Address of banker
…………………………………………………………………………
Telephone Contact name and title
__________________________________________________________
Fax E mail
1. Total assets
2. Current
assets
3. Total
liabilities
4. Current
liabilities
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APPLICATION FORM (8)
LITIGATION HISTORY
Applicants, including each of the partners of a joint venture, should provide information
of any history of litigation or arbitration resulting from contracts executed in the last five
years or currently under execution (Instructions to Applicants, para. 4.8). A separate
sheet should be used for each partner of a joint venture.
Year Award FOR or Name of client, cause of litigation, and Disputed amount
AGAINST matter in dispute (current value Kshs.)
Applicant
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5. Profits before taxes
1.
2.
3.
4.
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LETTER OF NOTIFICATION OF AWARD
Tender Name
This is to notify that the contract/s stated below under the above mentioned tender have
been awarded to you.
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)
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REQUEST FOR REVIEW FORM
FORM RB 1
REPUBLIC OF KENYA
PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD
APPLICATION NO…………….OF……….….20……...
BETWEEN
…………………………………………….APPLICANT
AND
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…
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FOR OFFICIAL USE ONLY
Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of
………....20….………
SIGNED
Board Secretary
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