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REPUBLIC OF KENYA
OFFICE OF THE ATTORNEY-GENERAL
AND DEPARTMENT OF JUSTICE
P. O. BOX 40112-00100
NAIROBI
TENDER
FOR
SUPPLY, INSTALLATION AND COMMISSIONING OF
LEGAL CASE MANAGEMENT SYSTEM
TENDER NO. OAG&DOJ/011/2016-2017
IFMIS NO. 402270
CLOSING DATE & TIME:
THURSDAY, 23RDFEBRUARY, 2017 at 10.00 A.M.
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TABLE OF CONTENTS
INVITATION TO TENDER ........................................................................................................................ v
ACROYNMS .............................................................................................................................................. vii
DEFINITIONS ........................................................................................................................................... viii
SECTION II INSTRUCTIONS TO TENDERERS ............................................................................ 10
2.1 Eligible Tenderers ...................................................................................................................... 10
2.2 Cost of tendering ............................................................................................................................... 10
2.3 Contents of tender documents ........................................................................................................... 10
2.4 Clarification of Documents ............................................................................................................... 11
2.5 Amendment of documents ................................................................................................................ 11
2.6 Language of tender ........................................................................................................................... 12
2.7 Documents Comprising the Tender .................................................................................................. 12
2.8 Form of Tender ................................................................................................................................. 12
2.9 Tender Prices .................................................................................................................................... 12
2.10 Tender Currencies ........................................................................................................................... 13
2.11 Tenderers Eligibility and Qualifications ......................................................................................... 13
2.12 Tender Security ........................................................................................................................... 13
2.13 Validity of Tenders ..................................................................................................................... 14
2.14 Format and Signing of Tender .................................................................................................... 14
2.15 Sealing and Marking of Tenders ................................................................................................. 15
2.16 Deadline for Submission of Tenders ........................................................................................... 15
2.17 Modification and withdrawal of tenders ..................................................................................... 15
2.18 Opening of Tenders ..................................................................................................................... 16
2.19 Clarification of tenders................................................................................................................ 16
2.20 Preliminary Examination and Responsiveness ........................................................................... 16
2.21 ......................................................................................................................................................... 17
Currency of Tender ................................................................................................................................. 17
2.22 ......................................................................................................................................................... 17
Evaluation and comparison of tenders .................................................................................................... 17
2.23 Contacting the procuring entity ................................................................................................... 18
2.24 Award of Contract ....................................................................................................................... 18
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2.25 Procuring entity’s Right to Vary quantities ................................................................................ 19
2.26 Procuring entity’s Right to accept or Reject any or All Tenders ................................................ 19
2.27 Notification of award ...................................................................................................................... 20
2.28 Signing of Contract ..................................................................................................................... 20
2.29 Performance Security .................................................................................................................. 20
2.30 Corrupt or Fraudulent Practices .................................................................................................. 21
APPENDIX TO INSTRUCTIONS TO THE TENDERERS .............................................................. 22
1. Document Receiving ....................................................................................................................... 25
2. Dashboard, Time-Tracking and Alerts ............................................................................................ 26
3. Web Portal ...................................................................................................................................... 27
4. User Administration Service ........................................................................................................... 30
5. Functional Performance Requirements ........................................................................................... 33
6. Server Equipment (QTY =2)........................................................................................................... 34
SECTION III GENERAL CONDITIONS OF CONTRACT ............................................................... 41
3.1 Definitions ................................................................................................................................... 41
3.2 Application .................................................................................................................................. 41
3.3 Standards ..................................................................................................................................... 41
3.5 Patent Right’s .............................................................................................................................. 41
3.6 Performance Security .................................................................................................................. 41
3.7 Inspections and Tests .................................................................................................................. 42
3.8 Payment....................................................................................................................................... 42
3.9 Prices ........................................................................................................................................... 42
3.10 Assignment ................................................................................................................................. 43
3.11 Termination for Default .............................................................................................................. 43
3.12 Termination of insolvency .......................................................................................................... 43
3.13 Termination for convenience ...................................................................................................... 43
3.14 Resolution of disputes ................................................................................................................. 44
3.15 Governing Language ................................................................................................................... 44
3.16 Force Majeure ......................................................................................................................... 44
3.17 Applicable Law ........................................................................................................................... 44
3.18 Notices ........................................................................................................................................ 44
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SECTION V SCHEDULE OF REQUIREMENTS ............................................................................. 46
5.1 Project Background ..................................................................................................................... 46
5.2 Reform Areas .................................................................................................................................. 47
SECTION VI SCOPE OF WORKS ...................................................................................................... 49
6.1 Introduction ....................................................................................................................................... 49
6.2 Project Objectives ....................................................................................................................... 49
6.3 Preparation of the Inception Report ............................................................................................ 50
6.4 Preparation of Detailed Project Plan ........................................................................................... 50
6.5 Definition & Design .................................................................................................................... 51
6.6 Development & Installation ........................................................................................................ 52
6.8 Change Management and Capacity Building .............................................................................. 54
6.9 Operation And Maintenance ....................................................................................................... 54
6.10 Project Timelines ........................................................................................................................ 55
SECTION VII FUNCTIONAL REQUIREMENTS (APPLICATION LEVEL) .................................... 56
7.1 Document Receiving ................................................................................................................... 56
7.2 Dashboard, Time-Tracking and Alerts ........................................................................................ 59
7.3 Web Portal .................................................................................................................................. 60
7.4 User Administration Service ....................................................................................................... 63
7.5 Functional Performance Requirements ....................................................................................... 65
7.6 System Users ............................................................................................................................... 66
7.7 Access Channels ......................................................................................................................... 67
7.8 Testing and Quality Assurance Requirements ................................................................................ 67
7.9 Operational Acceptance Test .......................................................................................................... 68
7.10 Test Documentation ........................................................................................................................ 69
7.11 Complete System Acceptance ......................................................................................................... 70
7.12 Test Documentation ........................................................................................................................ 71
7.13 Data Digitization and Migration ..................................................................................................... 71
7.14 Access Control ................................................................................................................................ 73
7.15 Project Deliverables ........................................................................................................................ 73
7.16 Targets Envisaged to Be Achieved ................................................................................................. 74
FORM A – PRICE SCHEDULE ............................................................................................................ 75
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FORM OF TENDER .............................................................................................................................. 77
TENDER SECURITY (BANK GUARANTEE) ........................................................................................ 79
SELF DECLARATION FORM SD2 ...................................................................................................... 81
PERFORMANCE SECURITY FORM ...................................................................................................... 82
MANUFACTURERS AUTHORIZATION FORM ................................................................................... 83
LETTER OF NOTIFICATION OF AWARD ............................................................................................ 84
FORM RB 1 ................................................................................................................................................ 88
SITE SURVEY ........................................................................................................................................... 90
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REPUBLIC OF KENYA
OFFICE OF THE ATTORNEY-GENERAL AND DEPARTMENT OF
JUSTICE
INVITATION TO TENDER
[SUPPLY, INSTALLATION AND COMMISSIONING OF LEGAL CASE
MANAGEMENT SYSTEM]
The Office of the Attorney General and Department of Justice wishes to recruit a qualified ICT
firm to develop a legal case management system for the Civil Litigation Department.
Interested eligible candidates may obtain further information from and inspect the tender
documents at The Office of the Attorney-General and Department of Justice, Harambee Avenue,
Sheria House, 1st Floor, room 103during normal working hours.
Prospective tenderers Must register their firms at Room 103 during normal working hours to enable further
communication which shall be posted in the sites indicated above and in the tender documents.
A mandatory pre-bid visit shall be held on Monday 13th February 2017 at Sheria House at 10.00 am 5th
Floor Boardroom.
A complete set of tender documents may be downloaded by interested candidates free of
charge at the Office of the Attorney-General and Department of Justice website:
www.statelaw.go.ke and at the IFMIS tender portal: supplier.treasury.go.ke using – Link to
GOK tenders’.
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 150 days from the closing date of the
tender.
Completed tender documents, should be submitted through IFMIS Tender Portal and Hard
copies (1 no. Original and 1 no. copy) should be enclosed in plain sealed envelope, marked
with the tender number shall be addressed to-
The Solicitor General,
Office of the Attorney-General and Department of Justice,
P.O. Box 40112 – 00100,
Nairobi, Kenya
and in addition, be deposited in the tender box provided at the Sheria House, Ground Floor,
Harambee Avenue, Nairobi, so as to be received on or before Thursday 23rd February ,2017 at
10.00am.
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Tenders must be accompanied by a Bid Security of Kshs. 200,000 (Non AGPO) from a reputable
bank or an acceptable insurance Company valid for an additional 30 days beyond the Tender
validity period or Tender Security Declaration form, Dully, filled, stamped and signed (AGPO
Firms).
Tenders will be opened immediately thereafter in the presence of the tenderer’s or their
representatives who choose to attend the opening at the Office of the Attorney-General and
Department of Justice, Sheria House, 5thfloor, Conference Room.
HEAD, SUPPLY CHAIN MANAGEMENT
FOR: SOLICITOR GENERAL
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ACROYNMS
OAG & DOJ Office of the Attorney General and Department of
Justice
IA Implementing Agency
IT Information Technology
SRS Software Requirements Specifications
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DEFINITIONS
In this Bid Document, the following terms shall be interpreted as indicated:
“Solution” means study, plan, design, develop, procure, customize, install, configure, and
maintain entire application software and hardware under the project "Legal Case Management
System for Office of the Attorney General and Department of Justice-Civil Litigation
Department.
“Application” means the product is customized, developed, tested, deployed and
changed/improved during project term by the Implementing Agency for the purposes of
rendering the Services to the Stakeholders of the Project at satisfactory level.
“Bidder” means the venders participating and submitting their bids as per the tender time
schedule.
“Implementing Agency (IA)” means the successful Bidder who signs the contract with AG
Office for study, design, develop, implement, operate and maintain the solution deployed for
the Case Management and Tracking System Project under Office of the Attorney General as
described in the Bid document.
"OAG & DOJ Office" means the Office of the Attorney General and Department of Justice.
“Services” means the services delivered to the Stakeholders of the project using the tangible
and intangible assets created, procured, installed, managed and operated by the IA.
“Confidential Information” means all information including Project Data (whether in
written, oral, electronic or other format) which relates to the technical, financial and business
affairs, customers, Bidders, products, developments, operations, processes, data, trade secrets,
design rights, know-how and personnel in connection with this Bid Document
“Project Data” means all proprietary data of project generated out of project operations and
transactions, documents and related information including but not restricted to user data which
the Bidder obtains, possesses or processes in the context of providing the services.
“Deliverables” means the products and services agreed to be delivered by the Successful
Bidder in pursuance of the agreement as defined more elaborately in Scope of work.
“Service Level” means the level of service and other performance criteria that will apply to
the Services as set out;
“Service Level Agreement (SLA)” means the Operation and Maintenance SLA, to be
executed by the Implementing Agency, in terms of the Service Level Requirements set out in
the Contract.
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“Project Site” means the site/ location where the Project Activities will be performed.
“Go-Live” means the date of issuance of certificate of Completion by the OAG & DOJ Office.
“Contract Value” is the bid value which means the price accepted by the OAG & DOJ Office
as per Price Schedule.
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SECTION II INSTRUCTIONS TO TENDERERS
2.1 Eligible Tenderers
2.1.1 This Invitation to tender is open to all tenderers eligible as described in the instructions
to tenderers. Successful tenderers shall provide the services for the stipulated duration
from the date of commencement (hereinafter referred to as the term) specified in the
tender documents.
2.1.2 The procuring entity’s employees, committee members, board members and their
relative (spouse and children) are not eligible to participate in the tender unless where
specially allowed under Section 131 of the Act.
2.1.3 Tenderers shall provide the qualification information statement that the tenderer
(including all members, of a joint venture and subcontractors) is not associated, or have
been associated in the past, directly or indirectly, with a firm or any of its affiliates
which have been engaged by the Procuring entity to provide consulting services for the
preparation of the design, specifications, and other documents to be used for the
procurement of the services under this Invitation for tenders.
2.1.4 Tenderers involved in corrupt or fraudulent practices or debarred from participating in
public procurement shall not be eligible.
2.2 Cost of tendering
2.3.1 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.
2.3.2 The price to be charged for the tender document shall not exceed Kshs. 1,000/=
2.3.3 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 Tenderers.
i) Instructions to tenderers
ii) General Conditions of Contract
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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) Self-Declaration form SD1
xiv) Self-Declaration form SD2
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 documents 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
2.5.2 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 the
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
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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)
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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
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as 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
(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 120 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. The person or persons signing the tender shall initial all
pages of the tender, except for unamended printed literature.
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.
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2.15 Sealing and Marking of Tenders
2.15.1 The tenderer shall seal the original and Three copies 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 OPENBEFORE Wednesday 23rd February 2017.
2.15.2 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”. —
2.15.3 If the outer envelope is not sealed and marked as required by paragraph 2.15.2,
the Procuring entity will assume no responsibility for the tender’s
misplacement or premature opening.
2.16 Deadline for Submission of Tenders
2.16.1 Tenders must be received by the Procuring entity at the address specified under
paragraph 2.15.2 no later than Thursday 23rdFebruary, 2017.
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 2.5, 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 withdrawn in the interval between the deadline for
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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.
2.17.4 The procuring entity may at any time terminate procurement proceedings before
contract award and shall not be liable to any person for the termination.
2.17.5 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 tenderer’s or their
representatives who choose to attend, at Thursday 23rd February, 2017 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
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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 2.22, 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 Currency of Tender
The currency must be in Kenya Shillings.
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;
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(b) Deviations in payment schedule from that specified in the Special Conditions of
Contract;
2.22.4 Pursuant to paragraph 2.22.3 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
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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 Procuring entity’s Right to Vary quantities
2.25.1 The Procuring entity reserves the right at the time of contract award to increase or
decrease the quantity of services originally specified in the Schedule of requirements
without any change in unit price or other terms and conditions.
2.26 Procuring entity’s Right to accept or Reject any or All Tenders
2.26.1 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
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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.
2.27 Notification of award
2.27.1 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.
2.27.2 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.
2.27.3 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.
2.28 Signing of Contract
2.28.1 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.
2.28.2 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.
2.28.3 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.
2.29 Performance Security
2.29.1 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.
2.29.2 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.
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2.30 Corrupt or Fraudulent Practices
2.30.1 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.
2.30.2 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;
2.30.3 Further, a tenderer who is found to have indulged in corrupt or fraudulent practices risks
being debarred from participating in public procurement in Kenya.
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APPENDIX TO INSTRUCTIONS TO THE TENDERERS
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
ITT
Clause
Numbe
r
Amendments of, and Supplements to, Clauses in the Instruction
to Tenderers
2.1.1 Particulars of eligible tenderers: Open to all.
2.4.1 The address for clarification of Tender documents is
Attention:
The Solicitor General,
Office of the Attorney-Generaland Department of Justice
PO Box 40112 – 00100,
Nairobi, Kenya.
2.6.1 The Language of all correspondence and documents related to the Tender
is: English
2.9.3 The prices shall be FIXED
Alternative Tenders to the requirements of the Tender documents will
Not be permitted
2.10.1 Prices shall be quoted in Kenya Shillings
2.12.2 The Tender Security shall be; Bid Security of Kshs.200,000.00 from a
reputable bank valid for an additional 30 days beyond the Tender
validity period
2.13.1 The Tender validity period shall be 150 days.
2.14.1 The number of copies of the Tender to be completed and returned shall
be: One (1) original and three (3) copies.
Technical Bids shall be sealed in separate envelopes and clearly
marked “Technical Bid”.
The Financial bid shall be sealed separately and clearly marked
“Financial bid”
All the proposals (Technical and Financial) should be enclosed in one
envelope clearly marked the Tender Number without any indication of
the name of the bidder.
Technical Bid – original and 3 copies
Financial bid – original and two copy - Financial bid shall
include:
o Price schedule, and
o Form of tender.
Bidders who indicate their Financial bid in the Technical Bids shall be
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treated as non-responsive.
Soft Copy-Tenderer must respond in the IFMIS SYSTEM
2.16.1 Tender shall be submitted to
The Solicitor General,
Office of the Attorney-General and Department of Justice,
P.O. Box 40112 –00100,
Nairobi, Kenya.
The deadline for bid submission is: Date
Thursday,23rdFebruary,2017
Time:10.00am local time
Soft Copy –Tenderer MUST respond in the IFMIS SYSTEM
2.18.1 The Tender opening shall take place at:
The Office of the Attorney-General and Department of Justice,
Sheria House, 5th Floor, Conference Room.
Thursday, 23rd February,2017
Time: 10.00am local time.
Only the Technical Bids shall be opened.
t2.20.1 The Preliminary mandatory evaluation:
The evaluation shall adopt YES/ No Approach.
The preliminary evaluation shall involve checking on mandatory
requirements (MR) which include the following:
No. Parameters/Requirements
Compliance
(Yes/No)
1.
A copy of certificate of registration /
incorporation (attach certificate in the technical
Bid)
YES/ No
2.
A copy of valid tax compliance certificate
(attach certificate in the technical Bid)
YES/ No
3.
Must attach Bid Security of Kshs. 200,000.00
from a reputable bank or an acceptable
insurance agency valid for an additional 30
days beyond the Tender validity period (in the
Technical bid)
YES/ No
4.
Dully filled, signed and stamped Self
Declaration Form SD1 (Attach in Technical
Bid)
YES/ No
5.
Dully filled, signed and stamped Self
Declaration Form SD2 (Attach in Technical
YES/ No
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Bid)
6.
The bidder must provide Manufacturer
Authorization Form for the active
equipment. (attach certificate in the
technical Bid)
YES/ No
7.
Fill and sign the form of tender (with Bid
validity-150 days) (Must be enclosed in the
Financial bid).
YES/ No
8.
Filled, Signed and stamped survey/site visit
form. (attach certificate in the technical Bid)
YES/ No
9.
Confidential Business Questionnaire (duly
filled, signed and stamped) (attach certificate in
the technical Bid)
YES/ No
10. Price Schedule form fully filled and signed
(Must be enclosed in the Financial bid).
YES/ No
11.
Tender security form as per tender instructions
or Tender Securing Declaration form duly
filled, stamped and signed. (Must be enclosed
in the Technical bid).
YES/ No
12.
Bids disclosing their financial bid with the
technical bid shall be disqualified and will not
be evaluated further
YES/ No
Bidders must submit the following documents;
AT THIS STAGE, THE TENDERER’S SUBMISSION WILL
EITHER BE RESPONSIVE
OR NON-RESPONSIVE. THE NON-RESPONSIVE
SUBMISSIONS WILL BE ELIMINATED FROM THE
ENTIRE EVALUATION PROCESS AND WILL NOT BE
CONSIDERED FURTHER.
Bidders Must respond in the IFMIS system
2.22.1 Evaluation and Comparison of Tenders (Technical Evaluation)
The bidder will be evaluated on the technical submissions and only
tenders attaining 80 marks
and above in the technical evaluation will proceed to the next stage of
the evaluation process.
The Technical Bids will be evaluated using the following criteria
format: Scores for specific
technical evaluation requirements will be distributed as follows:
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1. TECHNICAL EVALUATION
1. Document Receiving
NO REQUIREMENTS MARKS
1. Comprehensive Data Capturing Tool. 0.5
2. Recording using keyboard or OCR 0.5
3. Unique Number Generation 0.5
4. System should scan document in highly optimized
B/W searchable PDF format.
0.5
5. Should have provision to define authorities/sections
to forward all the petitions and correspondence.
0.5
6. Provision for scrutinizing correspondence including
petitions
0.5
7. Validation if same document exists in the system 0.5
8. Provision for user friendly viewing and marking the
petitions to concerned state counsels
0.5
9. Provision for defining maximum number of
petitions to mark to an advocate in a week
0.5
10. System should suggest names of State counsels to
mark a petition on the basis of Type/category of
petition and existing workload on state counsels.
0.5
11. Should alert the concerned advocate or clerk through
the system to further process the application.
0.5
12. Should have provision for the State Counsels to view
the petition, write comments, issues instruction to
departments and set time limits.
0.5
13. Should have provision to set various parameters
under different categories of cases to record
opinion/remark of State Counsel.
0.5
14. System should email scanned copy of petition to all
the respondent departments/agencies automatically
with a covering note (template of such covering note
will be decided by OAG&DOJ office).
0.5
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15.
System should send SMS intimation to the HOD of
concerned department/agency.
0.5
16.
System should have provision for respondent
departments to login using web interface on the
OAG & DOJ office website and respond on petitions
with necessary fact and documentary evidences.
0.5
17.
Systems should have provision for only quick
written communication between concerned state
counsels and departments
0.5
18.
System should provide a separate interface to
received case numbers of newly registered cases and
mapping of same with petitions received in
OAG&DOJ office.
0.5
19. The system should be able to compute
payments/travel allowances for the Court Clerks and
the State Counsels attending court in various parts of
the country.
0.5
20. The system should have an interface for online
submission of petitions.
0.5
SUB-TOTAL 10
2. Dashboard, Time-Tracking and Alerts
NO REQUIREMENTS MARKS
1. Should have integration with all other modules 1
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2. Should be able to receive information from each
module
1
3. Should view all the critical information for user in
dashboard view.
1
4. Should show all the escalation of service level to users
on dashboard view.
1
5. Should show critical Key Performance Indicators
pertaining to the logged-in user.
1
6. Should allow user to customize the view and content
in dashboard
1
7. Should allow user to navigate from dashboard to
corresponding MIS reports/forms on user action and
also drill down and view various reports.
1
8. Should be able to provide dashboard view with
graphs/charts/tables etc.
1
9. Should be able to provide alerts to user in the
dashboard
1
10. Should be able to define and customize for individual
roles/user groups.
1
SUB-TOTAL 10
3. Web Portal
NO REQUIREMENTS MARKS
1. Should have dedicated OAG&DOJ office Internet
web portal for all users and separate intranet portal for
each OAG&DOJ office application access.
1
2. The system should be accessible on all standard web
browsers and mobile devices
1
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3. The portal shall have security and identity
management features like user authentication,
authorization, and role based access etc.
1
4. Access information about OAG&DOJ offices,
services, processes & procedures, related application
forms, announcements, circulars & notifications,
press releases, acts/bills, FAQs, Policy information
(privacy, security), feedback, contact, sitemap and
such other information that is useful for external
users.
1
5. A personalized login and user interface for
government departments
Instruction kits and online help detailing step by step
instructions for using the portal, form filling &
submission, correction facility for commonly
encountered errors etc.
1
6. Facilitate downloading forms in standard formats,
electronically pre-filled, print them offline, and
submit manually for various purposes in OAG&DOJ
office.
1
7. Facility to fill and submit responses online along with
attachments.
1
8. Facility to track status of a case. 1
9. Automated SMS alerts for emergency response on
court cases.
1
10. Shall provide powerful search features through the
automatic categorization and indexing functionality
as provided by various portal applications.
1
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11. Portal shall provide consistent look & feel to the users
and the standards shall be defined for content,
structure and presentation of the portal and these
standards should be applied and followed throughout
the portal.
1
12. It shall provide data caching at multiple levels
including page/sections in the page which improves
the performance of the portal, in terms of speed at
which content is delivered to users, by caching
frequently accessed information.
1
13. It should have import/export tools as well as APIs that
will allow authorized users to easily manage content
and documents during staging, back-up, offline usage
and deployment.
1
14. It shall provide activity reporting facility for logging
the user behaviour and profile information and also
provide canned and ad-hoc reporting capabilities of
the raw data. User demographics and content
navigation patterns are common reports that shall be
provided based on activity reporting function.
1
15. Ability to support personalization of the web content 1
16. Provide a tool for content management and the tool
should allow automatic indexing and searching portal
Shall have a separate link for the important websites;
shall facilitate the add links of the important websites
1
17. Shall have a separate link for the important websites;
shall facilitate the add links of the important websites
1
18. Shall provide dedicated interface for external
registered users(stakeholders)
1
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o To access limited features and functions of
OAG&DOJ office application
o To access case information filed against them
or by them.
o To submit draft response on the
notices/petitions/appeals
o To upload documents/evidences/facts related
to various cases
o To communication with OAG&DOJ office
o To access dashboards and Reports.
o Any other to meet functional requirement of
the application system
19. Ability to integrate tools for performing business
intelligence to analyse /study current and emerging
trends related to the cases.
1
20. Provide the ability to manage not only electronic
documents but also the physical location of files and
boxes, by using radio frequency identification (RFID)
tags.
1
SUB-TOTAL 20
4. User Administration Service
NO REQUIREMENTS MARKS
1. Should allow only authorized system administrators
to access this function
0.5
2. Shall facilitate the system administrator to add,
delete, modify, password reset, restrict etc. for the
user profiles
0.5
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3. Ability to support role based access control
Ability to provide multiple roles for one user
0.5
4. Ability to configure the number of permissible log-in
attempts
0.5
5. Ability to restrict data updating/deletion/creation
only through application layer
0.5
6. Solution should comply with relevant Kenyan Laws 0.5
7. Ability to provide access level security for Entry
forms at Field Level – allow, read only, Hide
0.5
8. Ability to provide access level security for entry
forms at transaction level – allow/deny
0.5
9. Ability to provide access level security for reports at
Transaction level – allow/deny
0.5
10. Ability to provide authorization by transaction type 0.5
11. Ability to provide authorization by user name 0.5
12. Ability to provide automatic time out for entry
transaction
0.5
13. Ability to provide time restriction on transactions 0.5
14. Ability to provide user login with time restriction 0.5
15. Ability to provide automatic time out (log out) for
user
0.5
16. Should allow the administrator to define access
groups/create access policies
0.5
17. Should support defining of time or location based
policies
0.5
18. Should support defining of fine-grained access
control to service, functionality, file, page or objects
0.5
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19. Should allow only authorized administrators to
access this function
0.5
20. Should allow creation of new user accounts and
should seek the general user inputs (as required by
application solution) for the same.
0.5
21. Should validate the inputs provided by the user and
display an appropriate error message if any of the
inputs is not valid.
0.5
22. Should check if new user is to be created is already in
use. If so, an appropriate error message should be
displayed
0.5
23. Should create a new user if the inputs provided are
valid. The new user created must be granted access
to all the requested services. System should
automatically generate a password for the new user
and email the login details to the email id provided or
support passwords based on password policies
0.5
24. Should allow deactivation of user accounts. The
account entries should only
0.5
25. have passwords and should not be removed from the
database on deactivation
0.5
26. Should allow updating of user accounts. The
following should be possible;
0.5
27. Updating of user details 0.5
28. Resetting of Passwords 0.5
29. Updating of the services to which the users has access 0.5
30. Should log user actions 0.5
31. Should have a self-service module in which the user
can modify his /her personal /professional details.
0.5
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32. The solution should have facilities for enforced-
change of password after first-time login including
after password reset, automatic password outage after
a fixed period of time, maintenance of unique
passwords that neither resemble login ID nor any of
the previously used passwords (last in passwords) a
combination of upper & lower cases, numbers and
special characters, be of sufficient strength and not
less than 6 characters in length, etc.
1
33. The solution should auto-logout the user after a
defined period (pre-configurable) of non-interaction
by the user with the system. All such logouts will
cause the system to save the data as a “dirty-form” for
further work after login by the same user
1
34. Should provide access to the self-service module post
user-login
0.5
35. Should log user actions 1
36. The solution should provide challenge-response
system to authenticate a user with a forgotten
password by using shared secrets.
1
SUB-TOTAL 20
5. Functional Performance Requirements
NO REQUIREMENTS MARKS
1. Expected numbers of internal users of the system will
be around 300 users. System should have provisions
to add new internal users as and when required
1
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2. Expected number of internal concurrent users will be
around 300. Internal concurrent users will increase
only in cases of further enhancement in the systems.
1
3. Expected numbers of external users will be decided
during the system development and should have the
ability to handle over 200 users.
1
4. The proposed solution should provide the facility for
online accessing (from outside of the OAG&DOJ
offices) of various application services to the
respondent departments and state counsels.
1
5. The application software should be designed to cater
to this load without any degradation of performance
as explained above.
2
6. The system should utilize a database schema and
design that is capable of handling current and future
loads as indicated above (should be scalable).
2
7. System should be upwardly scalable in the event of
increased usage of the system or new business
requirements.
2
SUB-TOTAL 10
6. Server Equipment (QTY =2)
ITEM MINIMUM REQUIREMENTS MARKS
Form factor 2U Rack 1
Processor Intel ® Xeon ® E5-2640 v4 2.4GHz, 25M
Cache
1
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Memory 32GB 1
Storage 4TB 1
Monitor 17 inch 0.5
Keyboard and
Mouse
Yes 0.5
Operating
System
Fully Licensed Microsoft Windows
Server 2012
1
System
Management
Yes 1
Rack support Sliding rails for tool-less mounting with
support for tool-less cable management
arm
1
Support Full installation/configuration. Hardware
and Software support
1
Warranty Three (3) years professional support and
onsite support
1
SUB-TOTAL 10
CAPABILITY OF THE FIRM, PAST PERFORMANCE, METHODOLOGY,
DEMO and FINANCIAL CAPABILITY (TOTAL MARKS =40)
NO REQUIREMENTS MARKS
1. Past experience
1. Previous handling of 4
similar projects –
2. Provide a list of major
customers where you have
successfully implemented
the ICT systems.
(Provide contact details and
company/organization,
contracts/award letter/LPO,
project details, completion
certificate/letter etc.).
10
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Methodology
1. Adequacy of the proposed
methodology and work plan in
responding to the Terms of
Reference.
2. Clear and concise project
implementation/execution
plans with logical sequence of
tasks and milestones.
3. Project organization chart with
clear roles, responsibilities and
reporting lines.
4. Complete training plan for
technical, super users and end
users.
5. Testing plan and migration plan
Vendor support mechanism/plan
after go-live (within and after the six
months support period).
10
Demonstration of
The System
The tenderer should be able to
demonstrate all the functional
requirement as described in tender
document.
10
2 Financial capability (i) Turnover
The tenderer must have an
average annual turnover of at least
Kshs 50m and at least 50% of the
turnover must be attributable to
sale, supply and implementation
of ICT Systems.
(ii) Audited Accounts
3 years Current Audited Accounts
5
5
SUB-TOTAL 40
2.TECHNICAL STAFF COMPETENCES (TOTAL
SCORE=80%)
Attach the CVs accompanied by copies of Academic and
specialization certificates for key personnel proposed for
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administration and execution of the contract. This will be
the basis of the evaluation.
Project
Manager
1. Masters in Computer
Science, Engineering, IT
or related degree
2. (S)He should have a
minimum of 10 years’
experience in IT field
3. a minimum of 6 years’
experience in Project
Management.
Professional experience in
developing and
implementing and
managing scalable
systems with
competencies in system
analysis and design,
business continuity
management (BCM) and
information security
management and IT in
general.
4. (S)He should have a PMI
or other equivalent
project management
certifications and/or
training in project
management and/or
certification in business
analysis or any relevant
field.
NB.Give a minimum of four
projects 16
Security expert 1. B.SC/ in Computer
Science, Engineering or
related degree
2. Have relevant
certifications in the area
of system security.
3. 4+ years of experience in
ICT security field and
should have experience in 12
38 | P a g e
ICT systems security
design, development,
Implementation.
NB.Give a minimum of four
projects
System designer
and
developer/System
Engineer
1. B.SC/ in Computer
Science, Engineering or
related degree
2. Have relevant
certifications in systems
development e.g. expert
system engineering
professional (ESEP),
certified system
engineering professional
(CSEP) etc and have
relevant certification in
the area of web-based
systems and certification
in various Programming
software e.g C++,
ORACLE, MYSQL, the
area.
3. 4+ years of experience in
ICT system design,
development and
implementation.
NB.Give a minimum of four
projects. 16
Database
developer and
administrator
1. B. Sc or Diploma in
computer science/IT or
relevant field and
2. Have relevant
certifications in the area
of database development.
3. (3 Years) experience in
system development/ or
in relevant field.
NB.Give reference of four
projects 12
System
integration expert
1. B. Sc or Diploma in
computer science/IT or
relevant field and 12
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2. Have relevant
certifications in the area
of system development.
3. (3 Years) experience in
system development and
integration/ or in relevant
field.
NB.Give reference of four
projects
Web-based system
developer
1. B Sc or Diploma in
computer science/IT or
relevant field and
2. Have relevant
certifications in the area
of system development.
3. (3 Years) experience in
online/web based
system development or
in relevant field.
NB.Give reference of four
projects. 12
SUBTOTAL 80
TOTAL MARKS 200
MINIMUM PERCENTAGE
SCORE TO PASS
80%
Currency The currency that shall be used for bid evaluation and comparison
purposes is: Kenya Shillings
2. FINANCIAL EVALUATION
MANDATORY REQUIREMENTS
Failure to meet any of the mandatory requirements listed below shall
lead to automatic disqualification.
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NO MANDATORY REQUIREMENT
COMPLIANCE
(YES/NO)
1. The currency MUST be in Kenya Shillings YES / NO
2. Duly filled, stamped and signed form of
tender indicating tender validity period of
150 days and total tender sum. (Must be
attached in the Financial Bid)
YES / NO
3. Duly filled, signed and stamped Price
Schedule. (Must be attached in the
Financial Bid)
YES / NO
4. Bids disclosing their financial bid with
the technical bid shall be disqualified
and will not be evaluated further
YES/ No
Financial Score (FS)
The formulae for determining the Financial Score (FS) shall be as
follows:
FS = 100 x Fm/F where FS is the Financial Score; Fm is the lowest
bidders and F is the price of the bidder under consideration
Combined technical and financial scores (S)
Bidders will be ranked according to their combined technical (TS) and
Financial (FS) scores using the weight (T = the weight given to the
Technical Bid: P = the Weight given to the Financial bid: T + P = 1
indicated below. The combined technical and financial score, S, shall be
calculated as follows:
S = TS x T% + FS x P %
Weighting
T = 0.8
P = 0.2
2.24.1 Post – Qualification shall “be undertaken”
2.24.3 Award Criteria: The bidder with the highest combined technical and
financial score shall be considered for award.
2.29.1 Particulars of performance security if applicable- 5% of the contract sum
from a reputable bank.
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SECTION III GENERAL CONDITIONS OF CONTRACT
3.1 Definitions
In this contract, the following terms shall be interpreted as indicated:
a) “The contract” means the agreement entered into between the Procuring entity and
the tenderer as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference
therein.
b) “The Contract Price” means the price payable to the tenderer under the Contract for
the full and proper performance of its contractual obligations.
c) “The services” means services to be provided by the contractor including materials
and incidentals, which the tenderer is required to provide to the Procuring entity
under the Contract.
d) “The Procuring entity” means the organization sourcing for the services under this
Contract.
e) “The contractor means the individual or firm providing the services under this
Contract.
f) “GCC” means general conditions of contract contained in this section
g) “SCC” means the special conditions of contract
h) “Day” means calendar day
3.2 Application
These General Conditions shall apply to the extent that they are not superseded
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
3.6.1 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
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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,
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with the exception of any Price adjustments authorized in SCC, vary from the prices by
the tenderer in its tender or in the procuring entity’s request for tender validity extension
as the case may be. No variation in or modification to the terms of the contract shall be
made except by written amendment signed by the parties.
3.10 Assignment
The tenderer shall not assign, in whole or in part, its obligations to perform under this
contract, except with the procuring entity’s prior written consent.
3.11 Termination for Default
The Procuring entity may, without prejudice to any other remedy for breach of Contract,
by written notice of default sent to the tenderer, terminate this Contract in whole or in
part:
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 anytime 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.
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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 referred 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.
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SECTION IV SPECIAL CONDITIONS OF CONTRACT
4.1 Special conditions of contract shall supplement the general conditions of contract,
wherever there is a conflict between the GCC and the SCC, the provisions of the SCC
herein shall prevail over those in the GCC.
4.2 Special conditions of contract with reference to the general conditions of contract.
General conditions of
contract reference
Special conditions of contract
3.6 Specify performance security if applicable: 5% of the contract sum
from a reputable bank.
3.8 Payments shall be;
Payment of the contract shall be made to the contractor on
completion and issuance of an inspection and acceptance
certificate from the client
3.9 Specify price adjustments allowed. None
3.14 Specify resolution of disputes: Arbitration
3.17 Specify applicable law. Laws of Kenya
3.18 Notices shall be addressed and delivered to:
The Solicitor General
The Office of the Attorney-General and Department of Justice
Sheria House,
Harambee Avenue
P.O. Box 40112 – 00100
Nairobi
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SECTION V SCHEDULE OF REQUIREMENTS
5.1 Project Background
The Civil Litigation Department comprises the following functional units: Petition section,
Judicial Review Section, General and civil claims, Employment and labour Relations Section,
Lands and Environment Section, Commercial Arbitration Section, Supreme Court and Court of
Appeal Section. The department handles legal cases of all the Government Ministries. On an
average 20 petitions/cases are filed in the Civil Litigation Department each day. Each petition
comprises 20 to 150 pages. These cases are allocated to different state counsels manually and
relevant files are provided to them. This exercise takes 3-4 hours after which relevant case files
are distributed to the concerned Counsels. Next day, state counsels walks into court rooms
reading files and presents facts and arguments in favour of Government of Kenya. More than
20,000 case files are stored in Registry of Civil Litigation. These files are extracted, delivered
to the Heads of Section or State counsels, updated and stored back on regular basis. All the
record of file movement is recorded in various registers manually.
Due to excessive work load and limitation of manual system, every now and then Government
faces cost orders and contempt cases. Many times, returns are not filed in due time and strong
facts supporting government are not produced before court due to lack of proper coordination
and collaboration between the Civil Litigation Department and Government Ministries.
Office of the Attorney General and Department of Justice, wants to improve in-house
functioning by implementing a IT Supported system that can assist in monitoring & time-
tracking, Case Allocation, Legal processing, collaboration between various stakeholders, etc.
There is no explicit provision/requirement for citizen services. Thus, this project is a Legal Case
Management System.
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5.2 Reform Areas
5.2.1 Tracking of Cases: Tracking of each and every case will be done in terms of due dates,
compliances and priority actions. This will reduce incidents of Contempt and ensure
proper representation of cases with all the facts and arguments in Court within stipulated
time frame. This will also provide alerts to the concerned stakeholders to act positively
in time. Real time status of cases, action due at various levels, compliances of court
orders, etc. should be shown on a comprehensive dashboard.
5.2.2 Digital Filing, Documentation and Record Keeping: All the case files information
should be digitized and stored in central server. Concerned officials will be able access
entire or part files with proper permission online. New content generated in due course
should be added in the case file record online.
5.2.3 Process Automation: All the case related processes are performed manually in the Civil
Litigation Department and this to results delays at various levels. The Project should
automate the case processing functions like receiving of petitions, communication with
respondents; obtain copies of court orders, etc. This will enable the Civil Litigation
Department to respond quickly on crucial court cases, setting priorities and take up more
number of cases in process at same time.
5.2.4 Allocation of Cases to State Counsels: Civil Litigation Department office receives
cause list from high court on daily basis and allocate cased and the allocation is done by
the Section Heads as per predefined roster. This exercise takes 3-4 hours after which
relevant case files are distributed even to the concerned State Counsels. The project
should automate the case allocation process and give more time to State counsels for
studying the cases by providing access to case files online. Also the system should
provide intelligent allocation according to the nature of case and expertise of state
counsels apart from roster.
5.2.5 Facilitation for the State counsels and Respondent Departments: To effectively
handle the cases, State counsels and concerned departments need structured access of
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files and intelligent searching of legacy data. The system should provide support in
quick/effortless decision making.
5.2.6 Collaboration with Respondent/Applicant Departments: Continuous collaboration
between concerned departments/agencies and state counsels is required while preparing
case related document. The system will provide a comprehensive online platform for
same. This will reduce multiple visits of Department representatives to the Civil
Litigation Department.
5.2.7 Monitoring of Court Orders and their Compliances: The system will support in
monitoring of court orders and their status of compliance. This will certainly reduce
contempt cases and enable law experts to do needful on the cases of high priority.
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SECTION VI SCOPE OF WORKS
6.1 Introduction
After performing a transparent and fair process of selection, a suitable and efficient system
integrator shall be identified and selected as Implementing Agency for the project. The
implementing agency shall be required to sign an agreement with Office of the Attorney
General and Department of Justice, in which all the terms and condition, project work,
timelines, roles and responsibilities, etc., as defined in this tender document, shall be included.
It shall be over all responsibility of Implementing Agency to study the existing system and
requirements of Civil Litigation Department before bidding. Requirements mentioned in this
part of Tender document is indicative only and written purely for the purpose of making the
Implementing Agency able to estimate its efforts and costs required to achieve project
objectives successfully. Therefore, selected bidder i.e. Implementing Agency shall be required
to make a fresh assessment of the Civil Litigation Department requirements after winning the
bid, prepare detailed project plan, get it approved by the Office of the Attorney General and
Department of Justice and perform project activities as per detailed project plan. Following are
the services to be rendered by selected bidder.
NB. All the bidders must conduct site surveys before bidding for the project.
6.2 Project Objectives
To empower Office of the Attorney General and Department Justice by providing
technology enablers for quick, efficient and quality functioning.
To Facilitate applicants and defendants to get hassle free access to the information
To have access to timely and accurate MIS Reports
To Efficiently manage case records
To monitor case status, compliance of court orders and time tracking.
To reduce workload for State counsel and facilitate them to provide hassle-free legal
services
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6.3 Preparation ofthe Inception Report
The IA (Implementing Agency) needs to prepare and submit an Inception Report, which will
serve as the foundation document for all the activities related to the project. Additionally, the
Inception Report must cover the risks that IA anticipates and the plans they propose towards
Risk mitigation. Major roles and responsibilities for the project team along with support
arrangements that are expected from the Office Of the Attorney General and Department of
Justice will be an essential part of the inception report. IA will also describe about the Project
Team with individual roles and responsibilities in the Inception Report. The acceptance of the
Inception Report by the Office of the Attorney General and Department of Justice is necessary
before proceeding to the next stage of the project.
6.4 Preparation of Detailed Project Plan
The Implementation Agency (IA) shall prepare an Integrated Project Plan for the entire project
that covers detailed tasks which are intended to be performed, as part of the project.
A high-level analysis of processes has already been performed and functional requirements
have been identified. The Functional Requirements as envisaged for this project are described
in this document. The IA needs to Study these carefully and should consult with the Civil
Litigation Department Technical Team whenever necessary to obtain more details on the
requirements of the project. It shall be the duty of the Implementing Agency to refine functional
requirements as needed during requirement gathering exercise.
The IA shall conduct requirements gathering exercise and prepare an SRS (Software
Requirements Specifications) document, for which the IA shall have a comprehensive
discussion with the Office of the Attorney General and Department of Justice and other
stakeholders to ensure that each of the requirements mentioned in this Tender Document or
identified during study is covered.
Activities conducted as part of this task will result in the project deliverable “Software
Requirement Specifications” (SRS) document, which shall detail the requirements of the
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complete solution up to the last detail. SRS document shall comply with the latest and most
relevant IEEE standards.
6.5 Definition & Design
Having conducted a comprehensive analysis of the requirements for the Project, the IA will
prepare elaborated system architecture and design documents for the project. The Architecture
document will give the complete architecture of the proposed systems. The corresponding
architectures will also be identified for customization requirements.
The following documents including, but not limited to, will be submitted for a sign-off of
application architecture and development methodology:
Application Architecture with all relevant design patterns identified
All Database structure and detailed description of tables and fields.
Naming conventions followed for the tables and fields.
Data Flow Diagrams (DFD) & Entity-Relationship (ER) diagrams.
Details of validation rules and constraints like Integrity Checks etc. to be applied.
Format of all input screens including data entry requirements.
Format of all reports that would be generated by the system.
Business logic used for all reports and functions.
Access control mechanisms, data security and audit trails to ensure that databases are
not tampered or modified by unauthorized users. The following guidelines need to be
observed for security:
o Build a complete audit trail of all transactions (add, update and delete) using
transaction log reports, so that errors in data, intentional or otherwise, can be
traced and reversed.
o The most appropriate level of security commensurate with the value to that
function for which it is deployed must be chosen
o Access Controls must be provided to ensure that the databases are not tampered
or modified by the system operators.
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Implement data security to allow for changes in technology and business needs.
Hardware Deployment Architecture, Network Design, Security Architecture etc. for the
Project.
Plans for User Acceptance Tests and System Integration Tests including Stress Tests
and plans.
Detailed Project Implementation Plan, component-wise activity schedule, etc.
The Implementation Agency shall be entirely responsible for the architecture of the system
implemented to satisfy all features, functions and performance as described in this document
including sizing of the required hardware. System architecture description provided in this
document is for reference only. The Implementation Agency should ensure all possible and
required improvements.
The application design will be such as to require the minimal installation, if at all, at the user‘s
end, besides the Internet Browser and will be able to support all common browsers (like Internet
explorer, Mozilla, Chrome etc.). IA shall also design the Frontend and Backend portals for the
Project.
User's involvement will also be ensured during finalization of user interfaces, the mode of data
entry, storage and retrieval, outputs reports, queries and the application design as a whole.
6.6 Development & Installation
This phase will include:
Application Development/customization installation, configuration, integration and
Testing.
Supply, Installation, Configuration and deployment of database and related software.
Design, Development, Integration, Testing and Implementation of portal(s) and other
modules of the project.
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Supply, Installation, Configuration and Deployment of server to host the application and
database.
Entire application development or customization must be documented in detail and the
code/script should be properly annotated with comments etc. From the integration perspective,
the IA must take into account necessary interfacing requirements (both at the application and
data level).
IA must supply the application, database and related software, integration tools, along with the
source code and describing the process to be followed for installing and operating the same.
Software development methodology should be developed in a way that ensures rapid
deployment of the applications in such a way that the users are continually involved in the
development process.
6.7 Data Digitization and Migration
All the scanned files will be availed to the Implementing Agency and the Implementing Agency
will migrate the data to the system that is being developed. During this process the Office of
the Attorney General and Department of Justice in will be in consultation with the Government
Ministries to see how well the petitions will be received in future. Following activities will be
performed for data migration and digitization from the existing legacy systems:
Mapping of the data
Identifying the data gaps
Providing templates for data collection
Extraction and Loading of the data
Listing of errors during the data migration
Correction of Data
Final porting of the data into the application system
Scan case files and service records
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6.8 Change Management and Capacity Building
The IA will impart training to the Civil Litigation Department staff and other key stakeholders
on the usage and maintenance of the project application. IA shall perform following activities
in the efforts for Capacity Building and Change Management:
Prepare detailed training plan and all the training manuals to impart trainings to the
OAG & DOJ Office Staff and other stakeholders. Training plan will include appropriate
training model, training arrangements and detailed methodology on how the training
would be conducted.
Provide such additional training as they deem necessary in order to ensure that the
training imparted is comprehensive and complete.
Provide Computer Based Training Modules will also be prepared by IA to enable the
users for self-learning.
6.9 Operation And Maintenance
The IA will ensure that complete documentation of the project is provided with comprehensive
user manuals, and adhere to standard methodologies in software development. The following
documents are the minimum requirements:
All Architecture documents, Design documents and coding, testing and deployment
manuals etc.
Test Plan Containing information on the software test environment to be used for
independent testing, the test cases to be performed, and the overall testing schedule.
This includes methodology, schedule, resources, tools, procedures, environment
definition, test cases, and software test results.
Systems Manual Detailing the data structure, table, forms and report structures.
Operations Manual providing instructions for installing the application,
troubleshooting, interpreting message logs, and FAQs (Frequently Asked Questions).
User Manual (both online and paper copies) providing detailed instructions on how to
use the software. In addition, it shall describe how to access, submit inputs to, and
interpret outputs from the application.
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Documentation of the Project activities, solution deployed, and data digitized, trainings,
project monitoring indicators, SLA tracking system, etc.
A data dictionary listing out all the data elements will be prepared.
6.10 Project Timelines
The overall implementation of the OAG & DOJ Office Project is envisaged to be completed in
10 (Ten) months. Keeping in view of very specific and limited functionality of Application, it
is recommended to design, develop, test and implement the application in one phase. The
application will first be deployed in the Civil Litigation Department Nairobi on Pilot basis.
After successful field testing and user acceptance testing, the application will be deployed in
remaining 6 Regional Offices. In the third stage, the application shall go-live with full
deployment. Below timelines are mentioned for Implementation Agency to perform various
activities under given milestones. Time taken by Office of the Attorney General and
Department of Justice for evaluation and approval of deliverables will be excluded from these
timelines.
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SECTION VII FUNCTIONAL REQUIREMENTS (APPLICATION LEVEL)
7.1 Document Receiving
All the correspondence, received in the OAG & DOJ offices, will be scanned using a
comprehensive Data Capturing Tool. All necessary parameter will be recorded using keyboard
or OCR based input, in the system. Data capturing tool will support parameter capturing by
providing functionality of page area based Optical character Reading (OCR). There will be
additional parameters of specific category of cases or correspondences also. After scanning
and parameter recording, the application will generate a unique document number. This
document number will further get associated with relevant case files in subsequent workflows.
The application will have provision for defining authorities to scrutinize different categories of
correspondence time to time. Such categories will later be defined by the OAG & DOJ Office.
Petitioner or his counsel submits an advance copy of petition/appeal in the OAG & DOJ before
submitting the main copy in High Court. Application should have provision for recording very
basic information of the petition/appeal (for reference only) at the time of receiving advance
copy of petition/appeal. High court first checks the format and enclosures of petition as per
High court rules and if there is no infirmity, high court registers case and provides case number.
All the correspondences received in OAG&DOJ office shall than be forwarded to respective
sections to take necessary actions. Similarly, petitions/appeals received in the OAG&DOJ
office (from high court), will be forwarded to the designated officer (Records Management
officer) who will quickly study and decide the nature and criticality of cases and accordingly
allocate the cases to State counsels using an automated workflow. State counsels will examine
the petitions in detail and put necessary remarks on same. These remarks will be structured
enough to categorize case on the basis of priorities and time limits. Cases will also be identified
for special response and requirement of bringing them in the knowledge of the Attorney
General. These remarks will also comprise the desired action from respondent departments and
agencies.
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Following are the functional specification but not limited to for this module:
Sr. No. Functional specifications
1.
System should record following detail of new petition/appeal received in
OAG&DOJ office;
Petitioner’s Name
Petitioner’s Counsel’s name – (should have auto complete feature from
previous records)
Case category
Respondent Departments/Agencies name – (should support selection of
multiple departments/agencies from list items)
2.
System should record following details for other correspondence
Sender Name
Sender Address
Sender Contact No.
Correspondence addressed to – (should support selection of multiple
receivers)
Correspondence type. (List box input)
Deadline (if any)
Scanned copy of Correspondence
3.
System should generate unique document ID for the documents just after
scanning, so that same can be written on the top of correspondence.
4. System should scan document in highly optimized B/W searchable PDF format.
5.
Should have provision to define authorities/sections to forward all the petitions
and correspondence.
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6.
System should have provision for scrutinizing correspondence including petitions
as next level workflow, where;
There would be provision for marking each correspondence to concerned
officer/section/unit for further action.
There would be provision for flagging each document as urgent Highest
Priority/priority/Time limit/Regular.
7. Should validate if same document is already existing in the system and if so,
display an appropriate message.
8.
Should have provision for user friendly viewing and marking the petitions to
concerned state counsels
9.
System should have provision for defining maximum number of petitions to mark
to an advocate in a week
10.
System should suggest names of State counsels to mark a petition on the basis of
Type/category of petition and existing workload on state counsels.
11.
Should alert the concerned advocate or clerk through the system to further process
the application.
12.
Should have provision for the State Counsels to view the petition, write
comments, issues instruction to departments and set time limits.
13.
Should have provision to set various parameters under different categories of
cases to record opinion/remark of State Counsel.
14.
System should email scanned copy of petition to all the respondent
departments/agencies automatically with a covering note (template of such
covering note will be decided by OAG&DOJ office).
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15.
System should send SMS intimation to the HOD of concerned department/agency.
16.
System should have provision for respondent departments to login using web
interface on the OAG & DOJ office website and respond on petitions with
necessary fact and documentary evidences.
17.
Systems should have provision for only quick written communication between
concerned state counsels and departments
18.
System should provide a separate interface to received case numbers of newly
registered cases and mapping of same with petitions received in OAG&DOJ
office.
19. The system should be able to compute payments/travel allowances for the Court
Clerks and the State Counsels attending court in various parts of the country.
20. The system should have an interface for online submission of petitions.
7.2 Dashboard, Time-Tracking and Alerts
To gauge the performance, the digital dashboards shall be designed to allow user and senior
officers to capture specific data points providing a “snapshot” of performance. Digital
dashboards will act as executive information system and allow users to see multiple
performance parameters on single screen and raise alarms/reminders for major events. The
system will track movement and processing of each and every case file as per defined timelines.
System will also support pre-defined rule-sets and algorithms to track files and generate alerts
accordingly in a way that enables OAG&DOJ office to take necessary action at appropriate
time.
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No.
FUNCTIONAL SPECIFICATIONS
1. Should have integration with all other modules
2. Should be able to receive information from each module
3. Should view all the critical information for user in dashboard view.
4. Should show all the escalation of service level to users on dashboard view.
5. Should show critical Key Performance Indicators pertaining to the logged-in user.
6. Should allow user to customize the view and content in dashboard
7. Should allow user to navigate from dashboard to corresponding MIS reports/forms on
user action and also drill down and view various reports.
8. Should be able to provide dashboard view with graphs/charts/tables etc.
9. Should be able to provide alerts to user in the dashboard
10. Should be able to define and customize for individual roles/user groups.
7.3 Web Portal
Web portal shall integrate all stakeholders involved in OAG&DOJ office services by providing
access of both centralized and distributed applications. It will also offer various middleware
services (e.g. authentication, content management etc.) user shall require a web browser with
internet connectivity to interact with the online web based system. Integrated portal shall have
different views employee view, state counsel view, applicant/respondent department view, etc.
Following points outline key requirements of the portal that shall be used by the external users;
NO. FUNCTIONAL SPECIFICATIONS
1. Should have dedicated OAG&DOJ office Internet web portal for all users and
separate intranet portal for each OAG&DOJ office application access.
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2. The portal shall have security and identity management features like user
authentication, authorization, and role based access etc.
3. Access information about OAG&DOJ offices, services, processes & procedures,
related application forms, announcements, circulars & notifications, press releases,
acts/bills, FAQs, Policy information (privacy, security), feedback, contact, sitemap
and such other information that is useful for external users.
4. A personalized login and user interface for government departments
Instruction kits and online help detailing step by step instructions for using the portal,
form filling & submission, correction facility for commonly encountered errors etc.
5. Facilitate downloading forms in standard formats, electronically pre-filled, print
them offline, and submit manually for various purposes in OAG&DOJ office.
6. Facility to fill and submit responses online along with attachments.
7. Facility to track status of a case.
8. Automated SMS alerts for emergency response on court cases.
9. Shall provide powerful search features through the automatic categorization and
indexing functionality as provided by various portal applications.
10. Portal shall provide consistent look & feel to the users and the standards shall be
defined for content, structure and presentation of the portal and these standards
should be applied and followed throughout the portal.
11. It shall provide data caching at multiple levels including page/sections in the page
which improves the performance of the portal, in terms of speed at which content is
delivered to users, by caching frequently accessed information.
12. It should have import/export tools as well as APIs that will allow authorized users
to easily manage content and documents during staging, back-up, offline usage and
deployment.
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13. It shall provide activity reporting facility for logging the user behaviour and profile
information and also provide canned and ad-hoc reporting capabilities of the raw
data. User demographics and content navigation patterns are common reports that
shall be provided based on activity reporting function.
14. Ability to support personalization of the web content
15. Provide a tool for content management and the tool should allow automatic indexing
and searching portal Shall have a separate link for the important websites; shall
facilitate the add links of the important websites
16. Shall have a separate link for the important websites; shall facilitate the add links of
the important websites
17. Shall provide dedicated interface for external registered users(stakeholders)
o To access limited features and functions of OAG&DOJ office application
o To access case information filed against them or by them.
o To submit draft response on the notices/petitions/appeals
o To upload documents/evidences/facts related to various cases
o To communication with OAG&DOJ office
o To access dashboards and Reports.
o Any other to meet functional requirement of the application system
18. Ability to integrate tools for performing business intelligence to analyse /study
current and emerging trends related to the cases.
19. Provide the ability to manage not only electronic documents but also the physical
location of files and boxes, by using radio frequency identification (RFID) tags.
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7.4 User Administration Service
The functional specifications of the user administration system are provided below;
S/NO. FUNCTIONAL SPECIFICATIONS
1. Should allow only authorized system administrators to access this function
2. Shall facilitate the system administrator to add, delete, modify, password reset,
restrict etc. for the user profiles
3. Ability to support role based access control
Ability to provide multiple roles for one user
4. Ability to configure the number of permissible log-in attempts
5. Ability to restrict data updating/deletion/creation only through application layer
6. Solution should comply with relevant Kenyan Laws
7. Ability to provide access level security for Entry forms at Field Level – allow, read
only, Hide
8. Ability to provide access level security for entry forms at transaction level –
allow/deny
9. Ability to provide access level security for reports at Transaction level –
allow/deny
10. Ability to provide authorization by transaction type
11. Ability to provide authorization by user name
12. Ability to provide automatic time out for entry transaction
13. Ability to provide time restriction on transactions
14. Ability to provide user login with time restriction
15. Ability to provide automatic time out (log out) for user
16. Should allow the administrator to define access groups/create access policies
17. Should support defining of time or location based policies
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18. Should support defining of fine-grained access control to service, functionality,
file, page or objects
19. Should allow only authorized administrators to access this function
20. Should allow creation of new user accounts and should seek the general user inputs
(as required by application solution) for the same.
21. Should validate the inputs provided by the user and display an appropriate error
message if any of the inputs is not valid.
22. Should check if new user is to be created is already in use. If so, an appropriate
error message should be displayed
23. Should create a new user if the inputs provided are valid. The new user created
must be granted access to all the requested services. System should automatically
generate a password for the new user and email the login details to the email id
provided or support passwords based on password policies
24. Should allow deactivation of user accounts. The account entries should only
25. have passwords and should not be removed from the database on deactivation
26. Should allow updating of user accounts. The following should be possible;
27. Updating of user details
28. Resetting of Passwords
29. Updating of the services to which the users has access
30. Should log user actions
31. Should have a self-service module in which the user can modify his /her personal
/professional details.
32. The solution should have facilities for enforced-change of password after first-time
login including after password reset, automatic password outage after a fixed
period of time, maintenance of unique passwords that neither resemble login ID
nor any of the previously used passwords (last in passwords) a combination of
upper & lower cases, numbers and special characters, be of sufficient strength and
not less than 6 characters in length, etc.
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33. The solution should auto-logout the user after a defined period (pre-configurable)
of non-interaction by the user with the system. All such logouts will cause the
system to save the data as a “dirty-form” for further work after login by the same
user
34. Should log user actions
35. The solution should provide challenge-response system to authenticate a user with
a forgotten password by using shared secrets.
All the above requirements are based on our internal study conducted without keeping any
application platform or ready to deploy product in the mind. These requirements will be refined
further during requirement gathering and system. Sole purpose of defining functional and
application level requirements here is to provide a fair idea on project complexities and
resource/solution requirements to that the prospective bidders can effectively plan their
solutions and present same in the bidding process.
7.5 Functional Performance Requirements
The expected load on the system is as follows;
1. Expected numbers of internal users of the system will be around 300 users. System should
have provisions to add new internal users as and when required
2. Expected number of internal concurrent users will be around 300. Internal concurrent users
will increase only in cases of further enhancement in the systems.
3. Expected numbers of external users will be decided during the system development and
should have the ability to handle over 200 users.
4. The proposed solution should provide the facility for online accessing (from outside of the
OAG&DOJ offices) of various application services to the respondent departments and state
counsels.
5. The application software should be designed to cater to this load without any degradation
of performance as explained above.
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6. The system should utilize a database schema and design that is capable of handling current
and future loads as indicated above (should be scalable).
7. System should be upwardly scalable in the event of increased usage of the system or new
business requirements.
7.6 System Users
Group Users Purpose
Office of the Attorney General
and Department of Justice
Attorney General Case study
Generate reports
Solicitor General Generate reports
Study cases
Heads of section Allocate cases
Monitor performance of
cases
State counsels Process petitions
Generate cause lists
Schedule court attendances
Records Management
Officers
Scan documents and
forward the petitions to the
relevant section heads
Secretary To type submissions
Accountant To process payments for
state counsels and court
clerks attending courts in
and outside Nairobi
Court Clerks To serve documents to the
relevant bodies.
Government Ministries State Counsels Submission of documents
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More users may be added by IA as per requirement of the solution proposed and as per need
generated during system study.
7.7 Access Channels
Application services shall be accessed through various channels. Intranet based application
interface would be the main access channel for most of the services by OAG&DOJ. For
external users, the access channel would be the OAG&DOJ web portal. All status updates and
alerts on cases shall be provided through Short message services (SMS) and emails. The
internal users are expected to use the back-office portal for various services.
7.8 Testing and Quality Assurance Requirements
All recommended levels of testing shall be conducted at appropriate sites. Testing must
demonstrate that the new system:
Satisfy the technical performance requirements and system functional requirements.
Perform according to detailed functional requirements
Meet the basic system concepts
Satisfy the operational and technical performance criteria
Provide right information to each user group or provide the efficient system navigation to
process various queries or process transactions
The implementation agency must undertake the following;
Outline the methodology that will be used for testing the system
Define the various levels or types of testing that will be performed for system
Provide necessary checklist/documentation that will be required for testing the system
Describe any technique that will be used for testing the system
Describe how the testing methodology will confirm to requirements of each of the
functionalities.
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Indicate how one will demonstrate to OAG&DOJ that all applications installed in the
system have been tested.
Competent authority from OAG&DOJ shall issue installation completion certificate to
implementation agency after successful installation.
7.9 Operational Acceptance Test
Functionality: test that the functional requirements specified for the system are actually
met. All functions must be tested when user provides inputs with correct and incorrect
inputs and testing of formats;
Unit test: each module or component should be fully tested independently before
integration.
System test: the system should be accessible from all the common devices and the standard
web browsers.
Security-attempt to break the password, timeout facility on dormant menu/screen etc. shall
be tested.”
Stress test: finding errors that will show themselves under certain combinations or events
or data values. Heavy repeating of certain actions or inputs
Reliability testing: testing the system for prolonged use at varying levels, or, possibly,
constant value at peak level
Performance testing; testing to probe the system against prescribed timing should be tested.
Audit trail; tracking critical transactions and logging all critical errors should be tested.
Multi-user capability; test that the application system can support several users, sessions
and prescribed load.
Volume test; test to submit the system to large volumes of data
System integration test; system would be tested with respect to integration, testing all the
integration requirements between various modules and sub-modules
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Compatibility and configuration testing; operating system and data base compatibility
hardware and network compatibility checking compliance with standards test the
compatibility of data to the higher version, as and when applicable
Graphical user interface (GUI) test; the system will be tested for GUI which will include,
but will not be limited to, menus, message boxes, keyboard interface. Cursor management,
visual design, etc
User acceptance tests (UAT); OAG&DOJ will form different user groups which shall be
headed by a competent officer appointed by OAG&DOJ for the UAT. These user groups
would test the application for the functionality, reliability and all other related tests. Once
the users are completely satisfied with the application, implementation agency should take
a formal sign off from the competent officer appointed by OAG&DOJ for acceptance of
each module. Based on the sign off and user feedback, OAG&DOJ would issue UAT
certification to the Implementation Agency for that particular module/sub-module.
7.10 Test Documentation
Test procedures, test data, and test results should be documented in a manner permitting
objective pass/fail decisions to be reached. They should also be suitable for review and
objective decision making subsequent to running the test, and they should be suitable for use in
any subsequent regression testing.
Errors detected during testing should be logged, classified, reviewed, and resolved prior to
release of the software. Software error data that is collected and analysed during a development
life cycle may be used to determine the suitability of the software product for release and
installation. Test reports should comply with the requirements of the corresponding test plans.
The acceptance tests must demonstrate that the implementation agency has met each and every
requirement specified within the RFP and contract and has delivered an effective operational
system.
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7.11 Complete System Acceptance
At the end of the system acceptance period, OAG&DOJ will acknowledge complete system
acceptance in writing to the IA upon completion of the following;
Sign off from the competent authority of OAG&DOJ after completion of project activities
like installation of hardware, software, data entry, data migration, data scanning, training,
etc
All required activities as defined in the bid document including all changes agreed by
OAG&DOJ are delivered by the implementation agency and accepted by OAG&DOJ
All required system functionality as defined in the bid document including all changes
agreed by OAG&DOJ and delivered by the Implementation agency and accepted by
OAG&DOJ.
All required documentation as defined in this bid document including all changes agreed by
OAG&DOJ and delivered by the implementation agency and accepted by OAG&DOJ
All required training as defined in this bid document including all changes agreed by
OAG&DOJ and delivered by the implementation agency and accepted by OAG&DOJ
All identified shortcomings/defects in the systems have been addressed to complete
satisfaction of OAG&DOJ
Certification by a third party testing agency if appointed by OAG&DOJ
In order to accept the system, OAG&DOJ (project operation committee) must be satisfied that
all off the work has been completed and delivered with complete satisfaction and that all aspects
of the system perform acceptably.
The functional/logical acceptance of the system will only be certified when the proposed system
is installed and configured according to the design and that all the detailed procedures of
operating them have been carried out by the implementation agency in the presence of
OAG&DOJ staff.
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7.12 Test Documentation
Test procedures, test data, and test results should be documented in a manner permitting
objective pass/fail decisions to be reached. They should also be suitable for review and
objective decision making subsequent to running the test, and they should be suitable for use in
any subsequent regression testing.
Errors detected during testing should be logged, classified, reviewed, and resolved prior to
release of the software. Software error data that is collected and analysed during a development
life cycle may be used to determine the suitability of the software product for release and
installation. Test reports should comply with the requirements of the corresponding test plans.
The acceptance tests must demonstrate that the implementation agency has met each and every
requirement specified within the Tender Document and has delivered an effective operational
system.
7.13 Data Digitization and Migration
Data digitization in the context of this Tender Document refers to data entry, validation, and
migration of data from the legacy system to the new database, scanning of documents, linking
and tagging the scanned documents to the relevant records in the OAG&DOJ application and
conformance to quality control requirements. A record in the context of data digitization shall
refer to a collection of data fields of a data unit.
A comprehensive data mapping exercise must be undertaken before embarking on data
migration. A good data map will detail an in-depth cross-referencing of all mutual fields across
the source system and the target system. Ideally it should include;
Names of applicable to and from fields
Lengths and data types of these fields,
Mapping of relationships between entities
Check on the constraints, unique fields and integrity checks,
Any logic involved in mapping such as string truncations or validations against any business
rules
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In order to effectively perform data assessment and cleaning, it is important that the data
migration team is sufficiently familiar with existing data structures of the source
registers/databases.
The implementation agency shall be responsible for digitization of all the records as specified
below. However, implementation agency shall be required to estimate the exact number of
registers and quantum of the digitization during assessment of the project requirements.
Implementation agency shall digitize/migrate all case files and service records of OAG&DOJ
pertaining to the project.
Bidder should submit data digitization/migration plan in his/her bid, detailing all the activities
to be performed during the data digitization. Indicative broad activities to be performed by the
Implementation Agency (IA) are as follows;
An assessment should be done to identify the database requirements for the software
envisaged for the project. The data requirements in terms of master data and transaction
data need to be identified, which is required for the envisaged solution.
Deploying the data entry software having following features;
o The software, for performing data entry, must be properly designed after an adequate
study of the data to b digitized. The software must have adequate validations built
in to reduce errors during data entry.
o The software deployed must be adequately tested before deployment. It is
preferable to test the data using live data from some of the departments’ records that
shall be available in digitized format by then.
o Appropriate controls such as audit trail etc. must be built into the software to ensure
that changes to the entered data are tracked.
Data entry of all legacy data for all the OAG&DOJ including case files etc. need to be done
to acceptable quality and standards as prescribed in this Tender Document.
Data digitization should be carried at the premises of that particular OAG&DOJ only.
Development of merged database structure
Porting of all the data into the database
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Final updating of the single database.
7.14 Access Control
Access to the application should be given only after approval from application owner
and the competent authority.
The access should be on a role basis rather than designation.
The access control policy should cover:
1. Identification
2. Authentication
3. Authorization and Access Control
4. Administration
5. Audit
7.15 Project Deliverables
It is to be noted that upon completion of Go-live, IA is required to submit / handover all the
updated system design documents, specifications, source code, application deployment files,
user manuals, administration manuals and all other applicable deliverables listed below. IA
shall handover source code irrespective of open source or proprietary software.
The information provided in this document is not exhaustive and therefore it’s the duty of the
Implementing Agency to perform its thorough scrutiny of all the requirements of the Civil
Litigation Department.
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7.16 Targets Envisaged to Be Achieved
Category of Services Existing Service Levels
Proposed Service Level
Office Automation
No Automation, Unstructured
data and manual processing
Online File Tracking, Online
Consultation on Facts and
Proceedings, Collaborative Content
Creation, Reviewing, commenting
and approving online and Online
Library Management.
Digital Record Keeping
Paper Records and Files only.
Digitization/scanning of all the paper
records and files generated after
project implementation in structured
manner. Provision of concurrent
updating and addition in records.
Storage of digital record in Central
Server accessible for all the
concerned officers.
Case tracking and monitoring
There exists a system for file
tracking, diarizing hearing
dates, cause lists and counter
roaster management.
Automated system for tracking of
individual case on predefined stage
parameters. Creation of compliance
parameters on real time basis and
compliance tracking on same.
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FORM A – PRICE SCHEDULE
ITEM
NO.
DESCRIPTION UNITS UNIT COST
(KSHS)
TOTAL COSTS
VAT INCLUSIVE
(KSHS)
1. 2 Legal Case management system 1
2. 3 Concurrent User Licenses 300
3. 4 ICT Staff Training 4
4. 5 Training of Trainers 24
5. 6 Server Equipment and Software to host the application and database. 2
6. 8 Application
Development,Customization,Installation,Configuration,Integration,
Testing and Implementation of the System
Service
7. 9 Digitization and Upload for 45,000 files.(On average 200 pages per file) 45,000
files
8. Server Equipment with licensed software 2
NET TOTAL (Must be transferred to the form of tender provided.
Failure will result to automatic disqualification)
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_______________________
[Signature of bidder and date]
Prices to be inclusive of all taxes
Signature of tenderer ________________________________________________
Note: In case of discrepancy between unit price and total, the unit price shall prevail
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SECTION VIII STANDARD FORMS
FORM OF TENDER
To: The Solicitor General,
Office of the Attorney General and Department of Justice
P. O. Box 40112-00100,
NAIROBI.
Dear Sir,
SUPPLY, INSTALLATION AND COMMISSIONING OF LEGAL CASE MANAGEMENT SYSTEM.
TENDER NO: OAG&DOJ/011/2016-2017.
In accordance with the Instructions to Tenderers, Conditions of Contract, Specifications and Bills of Quantities for the execution
of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects
therein for the sum of:
Kshs……………………………………………………………..………….. [Amount in figures] Kenya
Shillings…………………………………………………..………………………………...……………………………………
…………………………………………………………………………………………………………………………………….
.……………[Amount in words]
We undertake, if our tender is accepted, to commence the Works as soon as is reasonably possible after the receipt of the Project
Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in
the Appendix to Conditions of Contract.
We agree to abide by this tender for a period of 150 days from the date of tender opening and shall remain binding upon us
and may be accepted at any time before that date.
Unless and until a formal Agreement is prepared and executed this tender together with your written acceptance thereof, shall
constitute a binding Contract between us.
We understand that we are not bound to accept the lowest or any tender we may receive.
Dated this ……………….. day of …………………20………………………………...
Signature ………………….in the capacity of ………………………………………….
duly authorized to sign tenders for and on behalf of:
……………………………………………..[Name of Tenderer]
of…………………………………………..[Address of Tenderer]
PIN No. ……………………………………………..VAT CERTIFICATE No. …………………………………………
Witness: Name …………………………………………………. Address ……………………………………………….
Signature ………………………………………………
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REPUBLIC OF KENYA
CONFIDENTIAL BUSINESS QUESTIONNAIRE
You are requested to give the particulars indicated in Part I and either Part 2 (a), 2 (b) or 2 (c) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this form
Part I- General : Business Name ……………………………………………………………………………………..
Location of business premises………………………………………………………….……………
Plot No. …………………………………….………. Street/Road…………………………..….…..
Postal Address……………………………………………..………….Tel. No………………...…...
Nature of business……………………………………………………………………………………
Current Trade Licence No………………………………….…………Expiring date………..……..
Maximum value of business which you can handle at any one time : K£……………………………. 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
………………………………………………………………………………………….
………………………………………………………………………………………….
………………………………………………………………………………………….
…………………………………………………………………………………………..
Part 2 ( c) – Registered Company:
Private or Public…………………………………………………………………………….
State the nominal and issued capital of company-
Nominal K£………………………………..
Issued K£…………………………………..
Given details of all directors as follows:-
Name Nationality Citizenship Details Shares
1. 1. …………………………………………………………………………………………
2. …………………………………………………………………………………………
3. ………………………………………………………………………………………… 4. ………………………………………………………………………………………… 5. ………………………………………………………………………………………….
Date ………………………………………………..….Signature of Candidate……………………….
*if Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or Registration.
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TENDER SECURITY (BANK GUARANTEE) Bank Letterhead
Whereas ………………………………………. [name of the tenderer] (hereinafter called “the tenderer”) has submitted its tender dated …………. [date of submission of tender]for the supply, Installation and commissioning of …………………… [name and/or description of the
equipment](hereinafter called “the Tender”) ……………………………….KNOW ALL PEOPLE by these presents that WE ……………………… of ………………………. having our registered office at ………………… (hereinafter called “the Bank/Insurance Company”), 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/Insurance Company binds itself, its successors, and assigns by these presents.
Sealed with the Common Seal of the said Bank/Insurance Company 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 amount 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 tender 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 authorized representative of the bank/insurance company]…………….. Seal …………………………………..____________________________
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SELF DECLARATION FORM SD1
SELF DECLARATION THAT THE PERSON/TENDERER IS NOT DEBARRED IN THE
MATTER OF THE PUBLIC PROCUREMENT AND ASSET DISPOSAL ACT 2015.
I, .......………………………............................…...............................................................…..(Full
name) of P. O. Box ………………………................................................................... being a
resident of ………………………………......…....................... in the Republic of
..................................... do hereby make a statement as follows:-
1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of
………......................………………………………....................................... (insert name of the
Company) who is a Bidder in respect of Tender No.
.................…………………............................... for
……………………........................................................................... (insert tender title/description)
for ……………………................................................................( insert name of the Procuring
entity) and duly authorized and competent to make this statement.
2. THAT the aforesaid Bidder, its Directors and subcontractors have not been debarred from
participating in procurement proceeding under Part IV of the Act.
3. THAT what is deponed to hereinabove is true to the best of my knowledge, information and
belief.
……………………… …………….......................... ………………………..............
(Title) (Signature) (Date)
Bidder's Official Stamp
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SELF DECLARATION FORM SD2
SELF DECLARATION THAT THE PERSON/TENDERER WILL NOT ENGAGE IN
ANY CORRUPT OR FRAUDULENT PRACTICE
I, .......………………………............................…...............................................................…..(Full
name) of P. O. Box ………………………................................................................... being a
resident of ………………………………......…....................... in the Republic of
..................................... do hereby make a statement as follows: -
1. THAT I am the Chief Executive/Managing Director/Principal Officer/Director of
………......................………………………………....................................... (insert name of the
Company) who is a Bidder in respect of Tender No.
.................…………………............................... for
……………………........................................................................... (insert tender title/description)
for ……………………................................................................(insert name of the Procuring
entity) and duly authorized and competent to make this statement.
2. THAT the aforesaid Bidder, its servants and/or agents /subcontractors will not engage in any
corrupt or fraudulent practice and has not been requested to pay any inducement to any member
of the Board, Management, Staff and/or employees and/or agents of
……………………................................................................ (insert name of the Procuring entity)
which is the procuring entity.
3. THAT the aforesaid Bidder, its servants and/or agents /subcontractors have not offered any
inducement to any member of the Board, Management, Staff and/or employees and/or agents of
……………………............................................................(name of the procuring entity)
4. THAT the aforesaid Bidder will not engage /has not engaged in any collusive practice with other
bidders participating in the subject tender
5. THAT what is deponed to hereinabove is true to the best of my knowledge information and
belief.
………………………… …………….............................. ……………..…………..............
(Title) (Signature) (Date)
Bidder's Official Stamp
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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 reasonsfor 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)
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MANUFACTURERS AUTHORIZATION FORM
To [name of the Procuring entity] ………………………………..
WHEREAS …………………………………………………………………
[Name of the principal] who are established and reputation dealers in ………………………… [Type of business] having registered offices at …………… …………………………………. [Address of principal] do hereby authorizing …………………………………………… [Name and address of tenderer] to submit a tender, [reference of the tender] for the stated (particulars of tender).
We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the services to be provided against this Invitation for Tenders.
[Signature for and on behalf of the principal]
Note: This letter of authority should be on the letterhead of the principal and should be signed by
a competent person.
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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
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FORM OF TENDER SECURITY (BANK)
WHEREAS ………………………………… (Hereinafter called “the Tenderer”) has submitted his tender
dated ……………………. For SUPPLY, INSTALLATION AND COMMISSIONING OF LEGAL CASE
MANAGEMENT SYSTEM
NOW ALL PEOPLE by these presents that WE…………………………………….. Having our registered office at ………………………………………………………….
(Hereinafter called “the Bank’), are bound unto …………………………………………
(Hereinafter called “the Employer”) in the sum of Kshs…………………………………
for which payment well and truly to be made to the said Employer, 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 after tender opening the Tenderer withdraws his tender during the period of tender validity
specified in the instructions to Tenderers
Or
2. If the Tenderer, having been notified of the acceptance of his tender by the Employer during
the period of tender validity:
(a) fails or refuses to execute the form of Agreement in accordance with the Instructions to
Tenderers, 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 Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by his is due to him, owing to the occurrence
of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force for a minimum of One hundred and fifty (150) days from
the date of tender opening, and any demand in respect thereof should reach the Bank not later
than the said date.
………………………………….. ………………………………
(date) (Signature of the Bank/Insurance Company)
………………………………… ……………………………..
(Witness) (Seal)
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FORM OF TENDER SECURITY (INSURANCE)
WHEREAS ………………………………… (Hereinafter called “the Tenderer”) has submitted his tender
dated ……………………. For SUPPLY, INSTALLATION AND COMMISSIONING OF LEGAL CASE
MANAGEMENT SYSTEM
NOW ALL PEOPLE by these presents that WE ……………………………………..
Having our registered office at ………………………………………………………….
(Hereinafter called “the Insurance’), are bound unto …………………………………………
(Hereinafter called “the Employer”) in the sum of Kshs…………………………………
for which payment well and truly to be made to the said Employer, 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 after tender opening the Tenderer withdraws his tender during the period of tender validity
specified in the instructions to Tenderers
Or
2. If the Tenderer, having been notified of the acceptance of his tender by the Employer during the
period of tender validity:
a. fails or refuses to execute the form of Agreement in accordance with the Instructions to
Tenderers, 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 Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by his is due to him, owing to the occurrence
of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force for a minimum of One hundred and fifty (150) days from
the date of tender opening, and any demand in respect thereof should reach the Insurance not
later than the said date.
………………………………….. ………………………………
(date) (Signature of the Insurance)
………………………………… ……………………………..
(Witness) (Seal)
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TENDER SECURITY FORM (TENDER SECURING DECLARATION
FORM (YOUTH, WOMEN AND PEOPLE LIVING WITH
DISABILITIES)
To:
WHEREAS ……………………………………………………………. (Hereinafter called the Tenderer) has submitted its Tender
dated ………….……...................... for the provision of ………………........................ to Office of Attorney General and
Department of Justice through tender no. ………………............................................
WE THE UNDERSIGNED, DECLARE THAT:-
1. We understand that, according to your conditions, bids must be supported by a
Tender Securing Declaration.
2. We accept that we will be automatically suspended from being eligible for bidding in any contract with you for a period of 5
years starting from date of letter of offer, if we are in breach of our obligations under the tender conditions, because we –
a) Have withdrawn our bid during the period of tender validity, or,
b) Having been notified of the acceptance of our bid by you during the period of tender validity –
i. Fail or refuse to sign the contract when required, or
ii. Fail or refuse to furnish the Performance Security in accordance with the Instructions to Tenderers.
3. We understand that this Tender Securing Declaration shall expire if we are not the successful bidder, upon either of the
following:-
a) Our receipt of a copy of your notification of the name of the successful bidder,
b) Twenty eight (28) days after the expiry of our Tender.
4. We understand that if we are a Joint Venture, the Tender Securing Declaration must be in the name of the Joint Venture that
submits the bid, and the Joint Venture has not been legally constituted at the time of bidding, the Tender Securing Declaration shall
be in the names of all future partners as named in the letter of intent.
DATED AT -------------------- THIS--------------------------DAY OF …………………………….. 2017.
Yours sincerely,
Name of Tenderer
______________________________________________________________
Signature of duly authorized person signing the Tender
______________________________________________________________
Name and Capacity of duly authorized person signing the Tender
_______________________________________________________________
Stamp or Seal of Tenderer
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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…
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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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SITE SURVEY
NB: The surveys shall be conducted as per the tender instructions and Invitation to tender through the guidance of the ICT Unit. THE OFFICE OF THE ATTORNEY GENERAL –ICT UNIT –INFRASTRUCTURE SURVEY FORM
Company Name:
Name Signature Date
Company Representative
The Office of the Attorney-General and Department of Justice Representative
Remarks
![Republic v Edward Kirui [2010] eKLR REPUBLIC OF KENYA …kenyalaw.org/Downloads_FreeCases/75128.pdf · Republic v Edward Kirui [2010] eKLR . REPUBLIC OF KENYA . ... AT NAIROBI (NAIROBI](https://img.pdfslide.net/doc/110x75/5acfc9f67f8b9a4e7a8d1a22/republic-v-edward-kirui-2010-eklr-republic-of-kenya-v-edward-kirui-2010.jpg)
