HIGHER EDUCATION LOANS BOARD
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| HIGHER EDUCATION LOANS BOARD |
helbportal - HELB/T/02/2015-2016
PROVISION OF CUSTOMER SATISFACTION SURVEY
TENDER CLOSING DATE: MONDAY 5TH OCTOBER 2015 AT 11.00 A.M
TENDER DOCUMENT TO BE DROPPED IN THE TENDER BOX ON 19TH FLOOR, ANNIVERSARY TOWERS
TABLE OF CONTENTS
Page
INTRODUCTION ………………………………………. 3
SECTION I INVITATION TO TENDER…………………………………. 4-5
SECTION II INSTRUCTIONS TO TENDERERS……………………….. 6
APPENDIX TO INSTITUTIONS TO TENDER …………. 20-21
SECTION III GENERAL CONDITIONS OF CONTRACT……………… 22
SECTION IV SPECIAL COND1TIONS OF CONTRACT……………….. 28-29
SECTION V SCHEDULE OF REQUIREMENTS……………………… 30
SECTION VI DESCRIPTION OF THE SERVICES………………………… 32-33
SUBMISSION OF TECHNICAL PROPOSAL……………….34-35
SUBMISSION OF FINANCIAL PROPOSAL…………………35
EVALUATION CRITERIA………………………………………36-37
SECTION VI STANDARD FORMS………………………………………. 39
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.
SECTION I – INVITATION TO TENDER
HIGHER EDUCATION LOANS BOARD (HELB)
TENDER NOTICE
TENDER REF: HELB/T/02/2015-2016
PROVISION OF A CUSTOMER SATISFACTION SURVEY
HELB is a state corporation whose mandate is to source for funds and provide loans, scholarships and bursaries to Kenyans studying in recognized institutions of higher learning.
The Higher Education Loans Board invites sealed tenders for the Provision of a Customer Satisfaction Survey. Interested and eligible firms may obtain further information and inspect the tender documents at the Procurement office on 18th floor of Anniversary Towers, University Way, Nairobi during normal working hours or view and download the tender document and detailed advert from our website www.helb.co.ke or IFMIS portal https://supplier.treasury.go.ke
A complete tender document may be obtained by interested candidates upon payment of a non- refundable fee of Kshs.1,000.00 in cash or bankers cheque payable to the Higher Education Loans Board operational account no. 1104823047 at Kenya Commercial Bank, University Way Branch. HELB shall issue a receipt slip on presentation of the deposit slip. Bidders who shall download the tender document from our website www.helb.co.ke/procurement/tenders or IFMIS portal https://supplier.treasury.go.ke will not need to pay for the tender document but shall be required to forward their contact details to procurement@helb.co.ke in case of any further tender addendum.
Interested bidders shall be required to submit one (1) original and one copy of their technical and financial proposals, which shall be clearly marked “ORIGINAL’’ and “COPY’’ as appropriate. The original and copy of the technical proposal shall be sealed in an envelope clearly marked “ Technical Proposal’’ and the original and copy of financial proposal shall be sealed in an envelope clearly marked “ Financial Proposal” with a warning, “Do not open with technical proposal”.
The envelope containing the financial proposal should have the bidders name and address clearly marked on the outside. Both Envelopes shall be placed in an outer envelope and sealed. The outer envelope, bearing no indication of the bidder and clearly marked: HELB/T/02/2015-2016: ‘PROVISION OF A CUSTOMER SATISFACTION SURVEY’ should be deposited in the tender box at Anniversary Towers 19th floor, University Way or sent by post to:
The C.E.O & Board Secretary
Higher Education Loans Board
P. O. Box 69489 – 00400
NAIROBI
So as to be received not later than Monday 5th October 2015. The tenders submitted latter than the indicated closing date and time shall be automatically disqualified. Opening of the submitted tenders will take place immediately on the same date in the main boardroom on 19th floor, Anniversary Towers at 11.15 a.m in the presence of tenderers representatives who choose to attend the opening.
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 (120) days from the closing date of the tender.
All tenders must be accompanied by a tender security of 2% of the total tender sum in the form of a bank guarantee from a reputable bank, a bankers cheque or insurance from companies authorized to transact in bid bonds and valid for a period of 120 days from the day of opening the tender. The Tender Security shall be placed in the envelope containing technical proposals. Please note that any tender that shall not be accompanied by a tender security shall be deemed to be non-responsive and disqualified.
C.E.O &Board Secretary
HIGHER EDUCATION LOANS BOARD
SECTION II – INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS. Page
2.1 Eligible Tenderers …………………………………………………7
2.2 Cost of tendering ………………………………………………….7
2.3 Contents of tender documents ……………………………………...7
2.4 Clarification of Tender documents …………………………………8
2.5 Amendment of tender documents …………………………………8
2.6 Language of tenders ………………………………………………..9
2.7 Documents comprising the tender ………………………………….9
2.8 Form of tender ……………………………………………………...9
2.9 Tender prices ……………………………………………………….9
2.10 Tender currencies …………………………………………………..10
2.11 Tenderers eligibility and qualifications …………………………….10
2.12 Tender security …………………………………………………….10
2.13 Validity of tenders …………………………………………………12
2.14 Format and signing of tenders ……………………………………...12
2.15 Sealing and marking of tenders …………………………………….12
2.16 Deadline for submission of tenders ………………………………...13
2.17 Modification and withdrawal of tenders …………………………....13
2.18 Opening of tenders ………………………………………………….14
2.19 Clarification of tenders ……………………………………………..14
2.20 Preliminary Examination …………………………………………...14
2.21 Conversion to other currencies ……………………………………..15
2.22 Evaluation and comparison of tenders ……………………………...15
2.23 Contacting the procuring entity ……………………………………17
2.24 Post-qualification …………………………………………………..17
2.25 Award criteria ……………………………………………………...17
2.26 Procuring entities right to vary quantities ………………………….17
2.27 Procuring entities right to accept or reject any or all tenders ………17
2.28 Notification of award ……………………………………………....18
2.29 Signing of Contract ………………………………………………...18
2.30 Performance security ………………………………………………19
2.31 Corrupt or fraudulent practices …………………………………….19
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/=
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 Conditions of Contract
iv) Schedule of Requirements
v) Details of service
vi) Form of tender
vii) Price schedules
viii) Contract form
ix) Confidential business questionnaire form
x) Tender security form
xi) Performance security form
xii) Principal’s or manufacturers authorization form
xiii) Declaration form
2.3.2. The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to
furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender.
2.4 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 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.
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
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 Monday 5th October 2015 at 11.00 a.m,”
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 Monday 5th October 2015 at 11.00 a.m
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.
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 11.15 a.m on Monday 5th October 2015 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 comparison or contract award decisions may result in the rejection of the tenderers tender.
Comparison or contract award decisions may result in the rejection of the tenderers’ tender.
2.20 Preliminary Examination and Responsiveness
2.20.1 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;
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 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.
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.
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.
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 Interested eligible firms
2.10 Currencies allowed shall be in Kenya Shillings.
2.11 Eligibility and qualifications documents of evidence required is as outlined in the TOR, technical and financial submission proposal requirements
2.12 Tender security shall be 2% of the tender sum.
2.24 post – qualification is not applicable
2.30 Performance security shall be 10% of the tender sum
SECTION III GENERAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS
3.1 Definitions Page 23
3.2 Application Page 23
3.3 Standards Page 23
3.4 Use of contract documents and information
3.5 Patent Rights Page 24
3.6 Performance security Page 24
3.7 Inspections and tests Page 24
3.8 Payment Page 25
3.9 Prices Page 25
3.10 Assignment Page 25
3.11 Termination for default Page 25
3.12 Termination for insolvency Page 26
3.13 Termination for convenience Page 26
3.14 Resolution of disputes Page 26
3.15 Governing language Page 26
3.16 Force majeure Page 27
3.17 Applicable law Page 27
3.18 Notices Page 27
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.
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.
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.
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.
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.
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 reference
Special conditions of contract
3.6 performance security shall be 10% of the tender sum
3.8 Method and conditions of performance shall be as outlined in the TOR
3.9 price adjustments allowed shall depend on variance with the initial TOR but shall not exceed 10%
23.14 Resolution of disputes shall be by arbitration
3.17 Kenyan shall be applicable law
3.18 Higher Education Loans Board,
P. O. Box 69489 – 00400,
Nairobi
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
Number Description Quantity Delivery Time
Start__________
End___________
1 Provision of a Customer Satisfaction survey 1 Within 6 weeks of contract signing
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.
SECTION VI – DESCRIPTION OF SERVICES
CUSTOMER SATISFACTION SURVEY
TERMS OF REFERENCE
The Higher Education Loans Board was established in 1995 with the mandate to source for funds and disburse to Kenyans pursuing higher education in institutions recognized by Commission for University Education(CUE).HELB also has the mandate to recover mature loans from past beneficiaries.
HELB has a service charter that guides its service delivery to its clients. It also holds stakeholder’s forums as well as various campaigns on the products and services that are available at HELB.
It is the desire of the Board to gauge the client’s level of satisfaction. To actualize this, we wish to invite qualified firms to carry out this research.
(i) To determine the level of satisfaction with quality of services provided, accessibility of services, courtesy of staff, responsiveness, timeliness.
(ii) To establish the level of satisfaction with HELB in terms of professionalism, speed of service sufficiency, relevance of information provided, and effectiveness of procedures.
(iii) To determine whether consumers feel that the quality of the services provided is acceptable.
(iv) To establish whether consumers feel that services provided by the Board are adequate in terms of their geographic spread and their variety to effectively meet their demand.
(v) Based on the findings of Board’s customer service charter to make recommendations on what can be done to improve the reputation and service delivery of HELB;
Expected Deliverables
(i) Prepare questionnaires in collaboration with HELB Corporate Communication staff to ensure that it covers all the above objectives ;
(ii) Distribution and collection of the questionnaire to the required sample size of not less than 3,000 respondents distributed in all forty Seven counties and including but not limited to past beneficiaries, current students, employers, administrators in institutions of learning, suppliers and HELB staff.
(iii) Analyze all the questionnaires using a scientifically accepted analysis tool;
(iv) Calculate the satisfaction index.
(v) Make recommendations on improvement required to provide efficient and quality services to our customers;
(vi) All completed questionnaires to be bound per region and submitted together with the final report.
Requirements for the consultancy firm
1. Must have carried out at least five similar assignments out of which three must be in public sector.
2. Must have been in operation for at least five years.
3. The team leader must have research experience of not less than seven years.
4. The team members must have research experience for not less than three years.
5. The firm must have an established operational office with at least five research assistants.
SUBMISSION OF TECHNICAL PROPOSAL
The technical proposal must be submitted in its own envelope clearly marked technical proposal. The bid bond/bid security should be attached to the technical proposal as this will be read out during the opening of the tender. Note: The form of tender and price schedule form should be put separately its own envelope and marked financial proposal. The 2 envelopes i.e the technical proposal envelope and financial proposal envelope should be wrapped together in one big envelope during the tender submission.
You are requested to submit your technical proposal arranged in the under listed format to facilitate easier evaluation by the Evaluation Committee. The documents must be paged and marked with separators. Paging format is your choice but they must correspond with the table of contents. This shall facilitate easier evaluation by the Evaluation Committee.
1. Fill , sign and submit the technical submission form – This is mandatory
2. Submit your Tender Security /bid bond which should be (2% of the tender sum) in form of bank guarantee, a bankers’ cheque from a reputable bank in Kenya or insurance from insurance companies authorized to transact in bid bonds and should be valid for up to 60 days from the date of opening of the tender – This is Mandatory.
3. Submit a copy of your company’s certificate of incorporation/Registration - This is Mandatory.
4. Submit a copy of your valid Tax Compliance Certificate- This is Mandatory.
5. Provide proof of having carried out similar undertakings in the recent past. Submit evidence of having conducted at least five similar assignments of similar nature out of which two must be in public sector. Submit a brief description of the firm’s organization and an outline of recent experience on assignments of a similar nature (Provision of Surveys). For each assignment the outline should indicate inter alia, the profiles of the staff proposed, duration of the assignment, contract amount and firm’s involvement – This is mandatory.
6. Submit copies of at least 3 recommendation letters from past clients/reference sites .The 3 recommendation letters/copies of contract must correspond/support any of the reference sites outlined in no.4 above – This is mandatory
7. Submit proof that your firm has been in operation for at least five years. – Mandatory. (This will be confirmed from the submitted copy of your company’s certificate of incorporation/Registration).
8. Submit proof that the Project lead consultant has a research experience of not less than seven years. Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments during the last seven (7) years with emphasis on the carrying out surveys. Attach respective recently signed CV and academic or professional certificates. Experience of 7 years is mandatory.
9. Submit evidence that the other proposed project team members (At least 3) must have research experience for not less than three years in the provision of surveys. Attach respective recently signed CV’s and academic or professional certificates of the proposed 3 professional staff .Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments during the last three (3) years with emphasis on the provision of surveys. Note: 3 years’ experience for the 3 proposed other staff is mandatory.
10. The firm must have an established operational office with at least five research assistants. Submit the company profile indicating the organizational structure or the list of employed staff indicating their roles in the company. - Mandatory
11. Submit your work schedule for executing the assignment clearly indicating your delivery period. The assignment is expected to be concluded within a period of 6 -8 weeks upon award. Any bidder proposing duration outside the period will be disqualified.
12. Submit your project methodology for executing the assignment – Required but not mandatory
13. Fill and submit the Confidential Business questionnaire - Required but not mandatory.
SUBMISSION OF FINANCIAL PROPOSAL
Financial proposal should be submitted in its own envelope and it should contain the following:
a) Form of tender: This Must be duly filled, signed by authorized official and stamped with company rubber stamp.
b) Schedule of rates/Price schedule form: This Must be duly filled, signed and rubberstamped with company rubber stamp.
IMPORTANT: Please submit the filled form of tender and schedule of rates in the financial proposal envelope.
TECHNICAL EVALUATION CRITERIA
S/no. Description of criteria Score
1. Submission of tender in the required format (i.e technical proposal + bid security in its own envelope and financial proposal ( i.e form of tender + price schedule in its own envelope Mandatory
2. Fill, sign and submit the Technical submission letter Mandatory
3. Submission of Tender Security/bid bond (2% of the contractual sum) in form of a bankers’ cheque, bank guarantee or insurance from companies authorized to transact in bid bonds and valid up to 60 days from the date of opening of the tender. Mandatory
4. Submission of a copy of the certificate of incorporation/Registration Mandatory
5. Submission of a copy of the company’s valid Tax Compliance Certificate Mandatory
6. Submission of Proof of having carried out at least five assignments of similar nature ,out of which two must be in public sector Mandatory
7. Submission of 3 recommendation letters from past clients/reference sites for similar undertakings. The recommendation letters should correspond to any of the 5 assignments listed in 6. above Mandatory
8. Submission proof that your firm has been in operation for at least five years. Mandatory
9. Submission of proof that the Project lead consultant has a research experience of not less than seven years. Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments during the last seven (7) years with emphasis on the carrying out surveys. Attach respective recently signed CV and academic or professional certificates of the proposed Mandatory
10. Submission of proof that the other 3 proposed project team members have research experience for not less than three years in the provision of surveys. Attach respective recently signed CV’s and academic or professional certificates of the proposed 3 professional staff .Key information should include number of years working for the firm/entity and degree of responsibility held in various assignments during the last ten (3) years with emphasis on the provision of surveys. Mandatory
11. Submission of proof that the company has an established operational office with at least five research assistants. Submit the company profile or organogram indicating the organizational structure or list of employed staff and their respective roles. Mandatory
12. Submission of a work schedule for executing the assignment clearly indicating your delivery period is within a period of 6 -8 weeks upon award Mandatory
13. Filled and submitted confidential business questionnaire. Required but not mandatory
14. Submission of your project methodology for executing the assignment Required but not mandatory
Note: Only firms that shall meet all the mandatory requirements in the technical proposal evaluation shall have their financial proposals considered.
FINANCIAL EVALUATION CRITERIA
Your financial proposal submission will be evaluated to determine if:
a) The form of tender has been duly filled, signed and rubberstamped by the authorized official.
b) The price schedule form has been duly filled, signed and rubberstamped by the authorized official.
c) The arithmetical calculations are correct.
Award criteria:
HELB 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.
The firm that shall meet all the mandatory requirements in the technical evaluation, meets all the financial evaluation criteria and further submits the lowest financial bid shall be considered for the award of the tender.
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.
SECTION VI - STANDARD FORMS
1. Technical submission letter Page 40
2. Form of tender Page 41
3. Price schedules Page 42
4. Contract form Page 43
5. Confidential Questionnaire form Page 44
6. Tender security form Page 45
7. Performance security form Page 46
8. Bank guarantee for advance payment Page 47
9. Declaration form
TECHNICAL SUBMISSION LETTER
[_______________ Date]
To:______________________[Name and address of Client)
Ladies/Gentlemen:
We, the undersigned, offer to provide the services for __________________
_______________________________[Title of requested services] in accordance with your tender dated ______________________[Date] and our tender. We are hereby submitting our tender, which includes this Technical submission, [and a Financial Proposal sealed under a separate envelope.
We understand you are not bound to accept any tender that you receive.
We remain,
Yours sincerely,
_______________________________[Authorized Signature]:
________________________________[Name and Title of Signatory]
:
_________________________________[Name of Firm]
:
_________________________________[Address:]
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___________
PRICE SCHEDULE OF SERVICES
Name of Tenderer _________Tender Number________. Page ____of ______.
1 2 3 4 5 6 7
Item Description Quantity & quality Duration Unit Price Total Price
EXW per item
(cols. 4x5) Unit Price of other incidental services payable
1. Provision of customer satisfaction survey Job
*The total tender price must include all the applicable taxes
Signature of tenderer: ________________________________________________
Note: In case of discrepancy between unit price and total, the unit price shall prevail.
Company Rubber Stamp:
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_______________.
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………………………..
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)
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)
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]
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
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
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