TENDER DOCUMENT FOR CONSTRUCTION AND ...siaya.go.ke/.../TENDER-DOCUMENT-FOR-IRRIGATION-PROJECTS.pdfTENDER DOCUMENT FOR CONSTRUCTION AND COMMISSIONING OF IRRIGATION PROJECTS TENDER

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REPUBLIC OF KENYA___________________________

COUNTY GOVERNMENT OF SIAYA

TENDER DOCUMENT

FOR

CONSTRUCTION AND COMMISSIONING OF

IRRIGATION PROJECTS

TENDER NO. CGS/SCM/OT/2014–2015/(137)

County Government of SiayaP.O.Box804-40600

Siaya, Kenya

Website: www.siaya.go.ke

January, 2015

TABLE OF CONTENTS

Page

SECTION I INVITATION TO TENDER…………………… 1

SECTION II INSTRUCTIONS TO TENDERERS…………. 3

Appendix to Instructions to Tenderers ………… 13

SECTION III GENERAL CONDITIONS OF CONTRACT……. 17

SECTION IV SPECIAL CONDITIONS OF CONTRACT…….. 21

SECTION V TECHNICAL SPECIFICATIONS……………… 22

SECTION VI SCHEDULE OF REQUIREMENTS……………. 24

SECTION VII PRICE SCHEDULE FOR GOODS…………….. 25

SECTION VIII STANDARD FORMS…………………………. 26

Date: 15th January, 2015

TENDER NO. CGS/SCM/OT/2014-2015/(137) – CONSTRUCTION ANDCOMMISSIONING OF IRRIGATION PROJECTS

The County Government of Siaya hereby invites sealed tenders from interested and eligiblecandidates for Construction and Commissioning of Irrigation projects.

Interested candidates may view / obtain the tender document from the Siaya County Website:www.siaya.go.ke

Prices quoted should be net inclusive of all taxes and delivery costs, must be expressed inKenya shillings and shall remain valid for a period of 90 days from the closing date of thetender.

Completed tender documents are to be enclosed in plain sealed envelopes, clearly markedwith the tender number and be deposited in the tender box provided at The Main entranceof Alego Usonga Sub County, Siaya or be addressed and posted to:

THE COUNTY SECRETARYCOUNTY GOVERNMENT OF SIAYA

P.O. BOX 803SIAYA

to be received on or before 2nd February, 2015 at 12:00 Noon.

Tenders must be accompanied by a tender Security of Kenya Shillings One Hundred andFifty Thousand (Kshs. 150,000) in form of a guarantee acceptable under the PublicProcurement and Disposal Act, 2005 and Public Procurement and Disposal Regulations 2006payable to the County Secretary, Siaya.

Tenders will be opened immediately thereafter in the presence of the tenderers representativeswho choose to attend at the Alego Usonga Sub County offices, SIAYA.

TOBIAS OLOODIRECTOR SUPPLY CHAIN MANAGEMENT.

SECTION I - INVITATION TO TENDER

TABLE OF CLAUSES

Page

2.1 Eligible tenderers…………………………… 32.2 Eligible goods……………………………….. 32.3 Cost of tendering…………………………….. 32.4 Contents of Tender document……………… 32.5 Clarification of documents…………………. 42.6 Amendment of documents…………………. 42.7 Language of tender…………………………. 42.8 Documents comprising the tender………. 42.9 Tender forms………………………………… 52.10 Tender prices……………………………...... 52.11 Tender currencies……………………………. 52.12 Tenderers eligibility and qualifications…… 52.13 Goods’ eligibility and conformity to

tender documents……………………………. 6

2.14 Tender security……………………………… 62.15 Validity of tenders…………………………… 72.16 Format and signing of tenders…………….. 72.17 Sealing and marking of tenders……………. 82.18 Deadline for submission of tender ………… 82.19 Modification and withdrawal of tenders….. 82.20 Opening of tenders………………………….. 92.21 Clarification of tenders……………………… 92.22 Preliminary examination……………………… 92.23 Conversion to single currency……………… 102.24 Evaluation and comparison of tenders…….. 102.25 Preferences ……………………………………. 102.26 Contacting the Judiciary…………….............. 102.27 Award of contract…………………………….. 10(a) Post qualification……………………………… 10(b) Award criteria…………………………………. 11(c) County’s right to vary quantities…....... 11(d) County’s right to accept or

reject any or all tenders ……………………. 11

2.28 Notification of award…………………………. 112.29 Signing of contract…………………………… 112.30 Performance security………………………… 112.31 Corrupt or fraudulent practices……………. 12

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SECTION II: INSTRUCTIONS TO TENDERERS

2.1 Eligible Tenderers

2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the Invitationto Tender. Successful tenderers shall complete the supply of goods by the intendedcompletion date specified in the Schedule of Requirements Section VI.

2.1.2 The County Government of Siaya’s employees, committee members, members of thecounty assembly and their relatives (spouse and children) are not eligible to participatein the tender.

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 havebeen associated in the past, directly or indirectly, with a firm or any of its affiliateswhich have been engaged by the County to provide consulting services for thepreparation of the design, specifications, and other documents to be used for theprocurement of the goods under this Invitation for tenders.

2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulentpractices.

2.2 Eligible Goods

2.2.1 All goods to be supplied under the contract shall have their origin in eligible sourcecountries.

2.2.2 For purposes of this clause, “origin” means the place where the goods are mined,grown, or produced. Goods are produced when, through manufacturing, processing, orsubstantial and major assembly of components, a commercially-recognized productresults that is substantially different in basic characteristics or in purpose or utility fromits components

2.2.3 The origin of goods is distinct from the nationality of the tenderer.

2.3 Cost of Tendering

2.3.1 TheTenderer shall bear all costs associated with the preparation and submission of itstender, and the County , 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 be Kshs.1,000/=

2.3.3 All firms found capable of performing the contract satisfactorily in accordance to theset prequalification criteria shall be prequalified.

2.4 Contents of tender documents

2.4.1 The tender document comprises of the documents listed below and addenda issued inaccordance with clause 2.6 of these instructions to tenders

(i) Invitation to Tender(ii) Instructions to tenderers(iii) General Conditions of Contract(iv) Special Conditions of Contract(v) Schedule of requirements(vi) Technical Specifications(vii) Tender Form and Price Schedules(viii) Tender Security Form(ix) Contract Form(x) Performance Security Form(xi) Bank Guarantee for Advance Payment Form(xii) Manufacturer’s Authorization Form(xiii) Confidential Business Questionnaire

2.4.2. The Tenderer is expected to examine all instructions, forms, terms, and specificationsin the tender documents. Failure to furnish all information required by the tenderdocuments or to submit a tender not substantially responsive to the tender documents inevery respect will be at the tenderers risk and may result in the rejection of its tender.

2.5 Clarification of Documents

2.5.1 A prospective tenderer requiring any clarification of the tender document may notifyThe County in writing or by post at the entity’s address indicated in the Invitation toTender. The County will respond in writing to any request for clarification of thetender documents, which it receives not later than seven (7) days prior to the deadlinefor the submission of tenders, prescribed by the Judiciary. Written copies of theProcuring entities response (including an explanation of the query but withoutidentifying the source of inquiry) will be sent to all prospective tenderers that havereceived the tender document.

2.5.2 The County shall reply to any clarifications sought by the tenderer within 3 days ofreceiving the request to enable the tenderer to make timely submission of its tender.

2.6 Amendment of documents

2.6.1 At any time prior to the deadline for submission of tenders, the County , for any reason,whether at its own initiative or in response to a clarification requested by a prospectivetenderer, may modify the tender documents by amendment.

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2.6.2 All prospective candidates that have received the tender documents will be notified ofthe amendment in writing or by post and will be binding on them.

2.6.3 In order to allow prospective tenderers reasonable time in which to take the amendmentinto account in preparing their tenders, the County, at its discretion, may extend thedeadline for the submission of tenders.

2.7 Language of tender

2.7.1 The tender prepared by the tenderer, as well as all correspondence and documentsrelating to the tender exchange by the tenderer and the County, shall be written inEnglish language, provided that any printed literature furnished by the tenderer may bewritten in another language provided they are accompanied by an accurate Englishtranslation of the relevant passages in which case, for purposes of interpretation of thetender, the English translation shall govern.

2.8 Documents Comprising the Tender

2.8.1 The tender prepared by the tenderers shall comprise the following components

(a) a Tender Form and a Price Schedule completed in accordance with paragraph 2.9,2.10 and 2.11 below

(b) documentary evidence established in accordance with paragraph 2.1.1 that thetenderer is eligible to tender and is qualified to perform the contract if its tender isaccepted;

(c) documentary evidence established in accordance with paragraph 2.2.1 that thegoods and ancillary services to be supplied by the tenderer are eligible goods andservices and conform to the tender documents; and

(d) tender security furnished in accordance with paragraph 2.14

2.9 Tender Forms

2.9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedulefurnished in the tender documents, indicating the goods to be supplied, a briefdescription of the goods, their country of origin, quantity, and prices.

2.10 Tender Prices

2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and totaltender price of the goods it proposes to supply under the contract

2.10.2 Prices indicated on the Price Schedule shall include all costs including taxes,insurances and delivery to the premises of the entity.

2.10.3 Prices quoted by the tender shall be fixed during the Tender’s performance of thecontract and not subject to variation on any account. A tender submitted with anadjustable price quotation will be treated as non-responsive and will be rejected,pursuant to paragraph 2.22

2.10.4 The validity period of the tender shall be 120 days from the date of opening of thetender.

2.11 Tender Currencies

2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendixto Instructions to Tenderers.

2.12 Tenderers Eligibility and Qualifications

2.12.1 Pursuant to paragraph 2.1. the tenderer shall furnish, as part of its tender, documentsestablishing the tenderers eligibility to tender and its qualifications to perform thecontract if its tender is accepted.

2.12.2 The documentary evidence of the tenderers eligibility to tender shall establish to theCounty’s satisfaction that the tenderer, at the time of submission of its tender, is froman eligible source country as defined under paragraph 2.1

2.12.3 The documentary evidence of the tenderers qualifications to perform the contract ifits tender is accepted shall be established to the County’s satisfaction;

(a) that, in the case of a tenderer offering to supply goods under the contractwhich the tenderer did not manufacture or otherwise produce, the tendererhas been duly authorized by the goods’ Manufacturer or producer to supplythe goods.

(b) that the tenderer has the financial, technical, and production capabilitynecessary to perform the contract;

(c) that, in the case of a tenderer not doing business within Kenya, the tenderer isor will be (if awarded the contract) represented by an Agent in Kenyaequipped, and able to carry out the Tenderer’s maintenance, repair, and spareparts-stocking obligations prescribed in the Conditions of Contract and/orTechnical Specifications.

2.13 Goods Eligibility and Conformity to Tender Documents

2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of itstender documents establishing the eligibility and conformity to the tender documentsof all goods which the tenderer proposes to supply under the contract

2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statementin the Price Schedule of the country of origin of the goods and services offered whichshall be confirmed by a certificate of origin issued at the time of shipment.

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2.13.3 The documentary evidence of conformity of the goods to the tender documents maybe in the form of literature, drawings, and data, and shall consist of:

(a) a detailed description of the essential technical and performancecharacteristic of the goods;

(b) a list giving full particulars, including available source and current prices ofspare parts, special tools, etc., necessary for the proper and continuingfunctioning of the goods for a period of two (2) years, followingcommencement of the use of the services the County; and

(c) a clause-by-clause commentary on the County’s Technical Specificationsdemonstrating substantial responsiveness of the goods and service to thosespecifications, or a statement of deviations and exceptions to the provisionsof the Technical Specifications.

2.13.4 For purposes of the documentary evidence to be furnished pursuant toparagraph 2.13.3(c) above, the tenderer shall note that standards for workmanship,material, and equipment, as well as references to brand names or catalogue numbersdesignated by the Procurement entity in its Technical Specifications, are intended tobe descriptive only and not restrictive. The tenderer may substitute alternativestandards, brand names, and/or catalogue numbers in its tender, provided that itdemonstrates to the Procurement entity’s satisfaction that the substitutions ensuresubstantial equivalence to those designated in the Technical Specifications.

2.14 Tender Security

2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the amountspecified in the Appendix to Instructions to Tenderers.

2.14.2 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price.

2.14.3 The tender security is required to protect the County against the risk of Tenderer’sconduct which would warrant the security’s forfeiture, pursuant to paragraph 2.14.8

2.14.4 The tender security shall be denominated in Kenya Shillings or in another freelyconvertible currency, and shall be either in the form of a bank guarantee or a bankdraft issued by a reputable bank located in Kenya or abroad; a guarantee issued by areputable insurance company as may be approved by The Public ProcurementOversight Authority in the form provided in the tender documents; a letter of credit;or a guarantee by a deposit taking microfinance institution, Sacco society, theYouth Enterprise Development Fund or the Women Enterprise Fund. The tendersecurity shall be valid for thirty (30) days beyond the validity of the tender.

2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3 will berejected by the County as non-responsive, pursuant to paragraph 2.22

2.14.6 Unsuccessful Tenderer’s tender security will be discharged or returned as promptlyas possible as but not later than thirty (30) days after the expiration of the period oftender validity prescribed by the County.

2.14.7 The successful Tenderer’s tender security will be discharged upon the tenderersigning the contract, pursuant to paragraph 2.29 and furnishing the performancesecurity, pursuant to paragraph 2.30

2.14.8 The tender security may be forfeited:

(a) if a tenderer withdraws its tender during the period of tender validity specifiedby the The County on the Tender Form;

or

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

(i) to sign the contract in accordance with paragraph 2.29

or

(ii) to furnish performance security in accordance with paragraph 2.30

2.15 Validity of Tenders

2.15.1 Tenders shall remain valid for90 days or as specified in the Invitation to tender afterthe date of tender opening prescribed by the County pursuant to paragraph 2.18. Atender valid for a shorter period shall be rejected by the County as non-responsive.

2.15.2 In exceptional circumstances, the County may solicit the Tenderer’s consent to anextension of the period of validity. The request and the responses thereto shall bemade in writing. The tender security provided under paragraph 2.14 shall also besuitably extended. A tenderer may refuse the request without forfeiting its tendersecurity. A tenderer granting the request will not be required nor permitted to modifyits tender.

2.16 Format and Signing of Tender

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

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2.16.2 The original and all copies of the tender shall be typed or written in indelible ink andshall be signed by the tenderer or a person or persons duly authorized to bind thetenderer to the contract. The latter authorization shall be indicated by written power-of-attorney accompanying the tender. All pages of the tender, except for un-amendedprinted literature, shall be initialed by the person or persons signing the tender.

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

2.17 Sealing and Marking of Tenders

2.17.1 The Tenderer shall seal the original and each copy of the tender in separateenvelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. Theenvelopes shall then be sealed in an outer envelope.

2.17.2 The inner and outer envelopes shall:

(a) be addressed to the County at the address given in the Invitation toTender:

(b) bear, tender number and name in the Invitation for Tenders and thewords, “DO NOT OPEN BEFORE” 2nd February 2015 at 1200NOON.

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

2.17.4 If the outer envelope is not sealed and marked as required by paragraph 2.17.2, theCounty will assume no responsibility for the tender’s misplacement or prematureopening.

2.18 Deadline for Submission of Tenders

2.18.1 Tenders must be received by the County at the address specified underparagraph 2.17.2 no later than 2nd February, 2015 at 12.00Noon.

2.18.2 The County may, at its discretion, extend this deadline for the submission oftenders by amending the tender documents in accordance with paragraph 2.6, inwhich case all rights and obligations of the County and candidates previouslysubject to the deadline will therefore be subject to the deadline as extended.

2.19 Modification and withdrawal of tenders

2.19.1 The tenderer may modify or withdraw its tender after the tender’s submission,provided that written notice of the modification, including substitution orwithdrawal of the tenders, is received by the Procuring Entity prior to the deadlineprescribed for submission of tenders.

2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed,marked, and dispatched in accordance with the provisions of paragraph 2.17. Awithdrawal notice may also be sent by cable, e-mail, telex but followed by a signedconfirmation copy, postmarked not later than the deadline for submission oftenders.

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

2.19.4 No tender may be withdrawn in the interval between the deadline for submission oftenders and the expiration of the period of tender validity specified by the tendereron the Tender Form. Withdrawal of a tender during this interval may result in theTenderer’s forfeiture of its tender security, pursuant to paragraph 2.14.7

2.19.5 The County may at any time terminate procurement proceedings before contractaward and shall not be liable to any person for the termination.

2.19.6 The County shall give prompt notice of the termination to the tenderers and on requestgive its reasons for termination within 14 days of receiving the request from anytenderer.

2.20 Opening of Tenders

2.20.1 The County will open all tenders in the presence of tenderers’ representatives whochoose to attend, at 12.00 Noon on 2nd February, 2015 and in the location specifiedin the Invitation to Tender.

The tenderers’ representatives who are present shall sign a register evidencing theirattendance.

2.20.2 The tenderers’ names, tender modifications or withdrawals, tender prices,discounts and the presence or absence of requisite tender security and such otherdetails as the County, at its discretion, may consider appropriate, will be announced atthe opening.

2.20.3 The County will prepare minutes of the tender opening.

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2.21 Clarification of tenders

2.21.1 To assist in the examination, evaluation and comparison of tenders the County may, atits discretion, ask the tenderer for a clarification of its tender. The request forclarification and the response shall be in writing, and no change in the prices orsubstance of the tender shall be sought, offered, or permitted.

2.21.2 Any effort by the tenderer to influence the County in the County’s tenderevaluation, tender comparison or contract award decisions may result in the rejectionof the tenderers’ tender.

2.22 Preliminary Examination

2.22.1 The County will examine the tenders to determine whether they are complete,whether any computational errors have been made, whether required sureties havebeen furnished, whether the documents have been properly signed, and whether thetenders are generally in order.

2.22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancybetween the unit price and the total price that is obtained by multiplying the unitprice and quantify, 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 berejected, and its tender security forfeited. If there is a discrepancy between wordsand figures the amount in words will prevail

2.22.3 The County may waive any minor informality or non-conformity or irregularity in atender which does not constitute a material deviation, provided such waiver doesnot prejudice or effect the relative ranking of any tenderer.

2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the County willdetermine the substantial responsiveness of each tender to the tender documents.For purposes of these paragraphs, a substantially responsive tender is one, whichconforms to all the terms and conditions of the tender documents without materialdeviations. The County’s determination of a tender’s responsiveness is to be basedon the contents of the tender itself without recourse to extrinsic evidence.

2.22.5 If a tender is not substantially responsive, it will be rejected by the County and maynot subsequently be made responsive by the tenderer by correction of the non-conformity.

2.23 Conversion to a single currency

2.23.1 Where other currencies are used, the County will convert these currencies to KenyaShillings using the selling exchange rate on the date of tender closing provided bythe Central Bank of Kenya.

2.24 Evaluation and comparison of Tenders

2.24.1 The County will evaluate and compare the tenders which have been determined tobe substantially responsive, pursuant to paragraph 2.22

2.24.2 The tender evaluation committee shall evaluate the tender within 30 days of thevalidity period from the date of opening the tender.

2.24.3 A tenderer who gives false information in the tender document about itsqualification or who refuses to enter into a contract after notification of contractaward shall be considered for debarment from participating in future publicprocurement.

2.25 Preference

2.25.1 Preference where allowed in the evaluation of tenders shall not exceed 15%

2.26 Contacting the County

2.26.1 Subject to paragraph 2.21 no tenderer shall contact the County on any matter related toits tender, from the time of the tender opening to the time the contract is awarded.

2.26.2 Any effort by a tenderer to influence the County in its decisions on tender,evaluation, tender comparison, or contract award may result in the rejection of theTenderer’s tender.

2.27 Award of Contract

a) Post qualification

2.27.1 In the absence of pre-qualification, the County will determine to its satisfaction whetherthe tenderer that is selected as having submitted the lowest evaluated responsive tender isqualified to perform the contract satisfactorily.

2.27.2 The determination will take into account the tenderer financial, technical, and productioncapabilities. It will be based upon an examination of the documentary evidence of the

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tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.12.3 as well assuch other information as the County deems necessary and appropriate.

2.27.3 An affirmative determination will be a prerequisite for award of the contract to thetenderer. A negative determination will result in rejection of the Tenderer’s tender, inwhich event the County will proceed to the next lowest evaluated tender to make asimilar determination of that Tenderer’s capabilities to perform satisfactorily.

b) Award Criteria

2.27.4 The County will award the contract to the successful tenderer(s) whose tender has beendetermined 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.

(c ) County’s Right to Vary quantities

2.27.5 The County reserves the right at the time of contract award to increase or decrease the quantity of goodsoriginally specified in the Schedule of requirements without any change in unit price or other terms andconditions.

(d) County’s Right to accept or Reject any or All Tenders

2.27.6 The County reserves the right to accept or reject any tender, and to annul the tendering process and rejectall tenders at any time prior to contract award, without thereby incurring any liability to the affectedtenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for theCounty’s action.

2.28 Notification of award

2.28.1 Prior to the expiration of the period of tender validity, the County will notify the successful tenderer inwriting that its tender has been accepted.

2.28.2 The notification of award will constitute the formation of the Contract but will have to waituntil the contract is finally signed by both parties

2.28.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to paragraph2.30, the County will promptly notify each unsuccessful Tenderer and will discharge its tender security,pursuant to paragraph 2.14

2.29 Signing of Contract

2.29.1 At the same time as the County notifies the successful tenderer that its tender has been accepted, theCounty will send the tenderer the Contract Form provided in the tender documents, incorporating allagreements between the parties.

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

2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful tenderer shall sign and date thecontract and return it to the County.

2.30 Performance Security

2.30.1 Within Thirty (30) days of the receipt of notification of award from the County, the successfultenderer shall furnish the performance security in accordance with the Conditions of Contract, in thePerformance Security Form provided in the tender documents, or in another form acceptable to theCounty .

2.30.2 Failure of the successful tenderer to comply with the requirements of paragraph 2.27 orparagraph 2.28 shall constitute sufficient grounds for the annulment of the award and forfeiture of thetender security, in which event the Judiciary may make the award to the next lowest evaluatedCandidate or call for new tenders.

2.31 Corrupt or Fraudulent Practices

2.31.1 The County requires that tenderers observe the highest standard of ethics during the procurementprocess and execution of contracts when used in the present regulations, the following terms aredefined as follows;

(i) “corrupt practice” means the offering, giving, receiving, or soliciting ofanything of value to influence the action of a public official in the procurement process or incontract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influencea procurement process or the execution of a contract to the detriment of the County , and includescollusive practice among tenderers (prior to or after tender submission) designed to establishtender prices at artificial non-competitive levels and to deprive the County of the benefits of freeand open competition;

2.31.2 The County will reject a proposal for award if it determines that the tenderer recommended foraward has engaged in corrupt or fraudulent practices in competing for the contract in question.

2.31.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risks beingdebarred 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 provisionsof the instructions to tenderers. Wherever there is a conflict between the provisions of theinstructions to tenderers and the provisions of the appendix, the provisions of the appendix hereinshall prevail over those of the instructions to tenderers

INSTRUCTIONS TOTENDERERSREFERENCE

PARTICULARS OF APPENDIX TO INSTRUCTIONS TO TENDERS

2.1.1 Indicate eligible tenderers: The tender is open to suppliers of fertilizer registeredin Kenya who have appropriate and valid authorizations.

2.2.1 Eligible Source Countries: All countries are eligible2.3.2 Price to be charged for the tender documents: Tender documents

downloaded from the County ’s website are free of charge . Pr intedtender documents co l lected in hard copy wil l attract a non-refundable tender fee o f Kshs. 1 ,000.00.

2.10.4 Tender Validity Period: The tender shall be valid for 90days from the date ofopening i.e. up to 6th March, 2014

2.12.1 Particulars of eligibility and qualifications documents of evidence required. Copiesof:i) Certificate of Registration/Incorporationii) Valid Tax Compliance certificate

2.14.1 Indicate particulars of tender security: Kshs. 150,000 valid for anaddit ional thirty (30) days after the expiry of the tendervalidity period i.e. 120 days 6 t h April,2015

2.14.4 Form of a bank guarantee: Guarantees must be in a form acceptable under thePublic Procurement and Disposal Act, 2005 and Public Procurement andDisposal Regulations 2006 payable to the County Secretary.

2.18.1 Indicate day, date and time of closing: 2nd February, 2015 1200 Noon.

2.22 Tenderers are required to submit copies of the followingMANDATORY DOCUMENTS which will be used duringPreliminary Examination to determine responsiveness:

1) Copy of certificate of Registration/Incorporation2) Copy of Valid Tax Compliance certificate issued by the

Kenya Revenue Authority3) Tender Form duly Completed, Signed and Stamped by the

Tenderer in the format provided4) Price Schedule duly Completed, Signed and Stamped by the

Tenderer in the format provided5) Must Submit a Tender Security of Kshs. 150,000 valid for an

additional thirty (30) days after the expiry of the tendervalidity period i.e. 120 days upto 10th May, 2015

6) Must submit a dully filled up Confidential BusinessQuestionnaire in format provided

7) Must submit audited financial statements with a turnover of



not less thanKshs. 5 million. The audited financialstatements required must be those that are reported within(15) calendar months of the date of tender document. (Forcompanies or firms that are registered or incorporated withinthe last calendar year of the date of the tender document, theyshould submit certified copies of bank statements covering aperiod of at least six months prior to the date of tenderdocument. The copies should be certified by the Bank issuingthe statements. The certification should be original.)

8) Provide a certificate or any other documentary evidencefrom KEBS certifying the items as being fit for the intendedpurpose

9) Proven Physical location of the company/Firm (attachevidence e.g. title deed, lease agreements, recent utility bill(s)or any other documentary evidence)

10) Must submit at least four (4) names with full contacts as wellas physical addresses of previous customers of similar goodstogether with reference letters from each and copies ofLPOs/Contracts.

AT THIS STAGE, THE TENDERER’S SUBMISSION WILLEITHER BE RESPONSIVE OR NON RESPONSIVE. THE NONRESPONSIVE SUBMISSIONS WILL BE ELIMINATED FROMTHE ENTIRE EVALUATION PROCESS AND WILL NOT BECONSIDERED FURTHER.

2.24 Evaluation and comparison of Tenders: The following evaluationcriteria shall be applied not withstanding any other requirement inthe tender documents.

SELECTION PROCESS

Below is a description of the evaluation steps that will be adopted.

STEP 1: PRELIMINARY EVALUATION

This will be an elimination stage where each vendor’s submission willbe checked for completeness and compliance to the stated tendersubmission requirements as per paragraph 2.22 above.

STEP 2: TECHNICAL EVALUATION

This will be done by comparing details of the product offered againstthe minimum requirements / technical specifications and confirming the

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same from the technical literature / brochures submitted. It will alsoinvolve identifying and determining any deviation (s) from therequirements; errors and oversights. Tenderers must thereforecomprehensively fill the specification sheet provided in Section 8.7.2 inorder to be technically evaluated.

STEP 3: FINANCIAL EVALUATION

This will include the following:-

a) Confirmation and considering price schedule duly completedand signed

b) Conducting a financial comparisonc) Correction of arithmetical errors

2.27.0 Award Criteria: Award will be made to the lowest evaluated bidderin each case

2.30.1 Indicate particulars of performance security:

Table of Clauses

Page

3.1 Definitions…………………………………………… 17

3.2 Application………………………………………….. 17

3.3 Country of Origin……………………………………. 17

3.4 Standards……………………………………………. 17

3.5 Use of Contract documents and information…... 17

3.6 Patent Rights………………………………………… 18

3.7 Performance security…………………………….… 18

3.8 Inspection and Tests……………………………..… 18

3.9 Packing………………………………………………. 19

3.10 Delivery and documents…………………………… 19

3.11 Insurance ………………………………………………. 19

3.12 Payment………………………………………………… 19

3.13 Price……………………………………………………. 19

3.14 Assignments…………………………………………… 19

3.15 Sub contracts………………………………………….. 19

3.16 Termination for default………………………………. 20

3.17 Liquidated damages………………………………….. 20

3.18 Resolution of Disputes……………………………..… 20

3.19 Language and law…………………………………….. 20

3.20 Force Majeure………………………………………… 20

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SECTION 111: GENERAL CONDITIONS OF CONTRACT

3.1 Definitions

3.1.1 In this Contract, the following terms shall be interpreted as indicated:-

(a) “The Contract” means the agreement entered into between the County and thetenderer, as recorded in the Contract Form signed by the parties, including allattachments and appendices thereto and all documents incorporated by referencetherein.

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

(c) " Indefinite-quantity framework contract" means a contract to provide an indefinitequantity, within stated limits, of goods, services or works during a fixed period,and may be a delivery order framework contract; a service order frameworkcontract; or a works order framework contract.

(d) “The Goods” means all of the equipment, machinery, and/or other materials,which the tenderer is required to supply to the County under the Contract.

(e) “The County” means the organization purchasing the Goods under this Contract.

(f) “The Tenderer’ means the individual or firm supplying the Goods under thisContract.

3.2 Application

3.2.1 These General Conditions shall apply in all Contracts made by the County for theprocurement installation and commissioning of equipment

3.3 Country of Origin

3.3.1 For purposes of this clause, “Origin” means the place where the Goods were mined,grown or produced.

3.3.2 The origin of Goods and Services is distinct from the nationality of the tenderer

3.4 Standards

3.4.1 The Goods supplied under this Contract shall conform to the standards mentioned inthe Technical Specifications.

3.5 Use of Contract Documents and Information

3.5.1 The tenderer shall not, without the County’s prior written consent, disclose theContract, or any provision therefore, or any specification, plan, drawing, pattern,sample, or information furnished by or on behalf of the County in connectiontherewith, to any person other than a person employed by the tenderer in theperformance of the Contract

3.5.2 The tenderer shall not, without the County ’s prior written consent, make use of anydocument or information enumerated in paragraph 3.5.1 above

3.5.3 Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shallremain the property of the County and shall be returned (all copies) to the County oncompletion of the Tenderer’s performance under the Contract if so required by theCounty.

3.6 Patent Rights

3.6.1 The tenderer shall indemnify the County against all third-party claims of infringementof patent, trademark, or industrial design rights arising from use of the Goods or anypart thereof in the County’s country.

3.7 Performance Security

3.7.1 Within thirty (30) days of receipt of the notification of Contract award, the successfultenderer shall furnish to the County the performance security in the amount specifiedin Special Conditions of Contract.

3.7.2 The proceeds of the performance security shall be payable to the County ascompensation for any loss resulting from the Tenderer’s failure to complete itsobligations under the Contract.

3.7.3 The performance security shall be denominated in the currency of the Contract, or in afreely convertible currency acceptable to the County and shall be in the form of a bankguarantee or an irrevocable letter of credit issued by a reputable bank located in Kenyaor abroad, acceptable to the County, in the form provided in the tender documents.

3.7.4 The performance security will be discharged by the County and returned to theCandidate not later than thirty (30) days following the date of completion of theTenderer’s performance obligations under the Contract, including any warrantyobligations, under the Contract

3.8 Inspection and Tests

3.8.1 The County or its representative shall have the right to inspect and/or to test the goodsto confirm their conformity to the Contract specifications. The County shall notify thetenderer in writing in a timely manner, of the identity of any representatives retainedfor these purposes.

3.8.2 The inspections and tests may be conducted in the premises of the tenderer or itssubcontractor(s), at point of delivery, and/or at the Goods’ final destination. Ifconducted on the premises of the tenderer or its subcontractor(s), all reasonablefacilities and assistance, including access to drawings and production data, shall befurnished to the inspectors at no charge to the County.

3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the Countymay reject the equipment, and the tenderer shall either replace the rejected equipment

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or make alternations necessary to make specification requirements free of costs to theCounty.

3.8.4 The County’s right to inspect, test and where necessary, reject the goods after theGoods’ arrival shall in no way be limited or waived by reason of the equipment havingpreviously been inspected, tested and passed by the County or its representative priorto the equipment delivery.

3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty orother obligations under this Contract.

3.9 Packing

3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent theirdamage or deterioration during transit to their final destination, as indicated in theContract.

3.9.2 The packing, marking, and documentation within and outside the packages shallcomply strictly with such special requirements as shall be expressly provided for in theContract

3.10 Delivery and Documents

3.10.1 Delivery of the Goods shall be made by the tenderer in accordance with the termsspecified by the County in its Schedule of Requirements and the Special Conditions ofContract.

3.11 Insurance

3.11.1 The Goods supplied under the Contract shall be fully insured against loss or damageincidental to manufacturer or acquisition, transportation, storage, and delivery in themanner specified in the Special conditions of contract.

3.12 Payment

3.12.1 The method and conditions of payment to be made to the tenderer under this Contractshall be specified in Special Conditions of Contract

3.12.2 Payments shall be made promptly by the County as specified in the contract3.13 Prices

3.13.1 Prices charged by the tenderer for goods delivered and services performed under theContract shall not, with the exception of any price adjustments authorized in SpecialConditions of Contract, vary from the prices by the tenderer in its tender.

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

3.13.3 Where contract price variation is allowed, the variation shall not exceed 10% of theoriginal contract price.

3.13.4 Price variation request shall be processed by the County within 30 days of receivingthe request.

3.14. Assignment

3.14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under thisContract, except with the County’s prior written consent

3.15 Subcontracts

3.15.1 The tenderer shall notify the County in writing of all subcontracts awarded under thisContract if not already specified in the tender. Such notification, in the original

tender or later, shall not relieve the tenderer from any liability or obligation under theContract

3.16 Termination for default

3.16.1 The County , without prejudice to any other remedy for breach of Contract, bywritten notice of default sent to the tenderer, terminate this Contract in whole or inpart

(a) if the tenderer fails to deliver any or all of the goods within the periods specifiedin the Contract, or within any extension thereof granted by the County.

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

(c) if the tenderer, in the judgment of the County has engaged in corrupt orfraudulent practices in competing for or in executing the Contract

3.16.2 In the event the County terminates the Contract in whole or in part, it may procure,upon such terms and in such manner as it deems appropriate, goods similar to thoseundelivered, and the tenderer shall be liable to the County for any excess costs forsuch similar goods.

3.17 Liquidated Damages

3.17.1. If the tenderer fails to deliver any or all of the goods within the period(s) specified inthe contract, the County shall, without prejudice to its other remedies under thecontract, deduct from the contract prices liquidated damages sum equivalent to 0.5%of the delivered price of the delayed items up to a maximum deduction of 10% ofthe delayed goods. After this the tenderer may consider termination of the contract.

3.18 Resolution of Disputes

3.18.1 The County and the tenderer shall make every effort to resolve amicably by directinformal negotiation and disagreement or dispute arising between them under or inconnection with the contract

3.18.2 If, after thirty (30) days from the commencement of such informal negotiations bothparties have been unable to resolve amicably a contract dispute, either party mayrequire adjudication in an agreed national or international forum, and/or internationalarbitration.

3.19 Language and Law

3.19.1 The language of the contract and the law governing the contract shall be Englishlanguage and the Laws of Kenya respectively unless otherwise stated.

3.20 Force Majeure

3.20.1 The tenderer shall not be liable for forfeiture of its performance security ortermination for default if and to the extent that it’s delay in performance or otherfailure to perform its obligations under the Contract is the result of an event of ForceMajeure.

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SECTION IV: SPECIAL CONDITIONS OF CONTRACT

Notes on Special Conditions of Contract

4.1 Special conditions of contract shall supplement the general conditions of contract, whereverthere is a conflict between the GCC and the SCC, the provisions of the SCC herein shallprevail over those in the GCC.

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

Generalconditions of

contractreference

Special conditions of contract

3.7 Performance security:

3.10 Delivery and Documents: The goods shall be delivered asand when required to The County

3.11 Insurance: Applicable in coterm is DDP

3.12 Payment: 100% of the contract price of the goods shall bepaid upon the delivery, inspection, testing and acceptanceof the goods by the County

3.13 Price Variation: Refer to 3.13.3

3.19 Language and Laws: Applicable language is English andapplicable laws are the Laws of Kenya

SECTION V- TECHNICAL SPECIFICATIONS

5.1. General5.1.1. These specifications describe the requirements for goods. Tenderers are requested to submit

with their offers the detailed specifications, drawings, catalogues, etc for the products theyintend to supply

5.1.2. Tenderers must indicate on the specifications sheets whether the equipment offered complywith each specified requirement.

5.1.3. All the dimensions and capacities of the equipment to be supplied shall not be less than thoserequired in these specifications. Deviations from the basic requirements, if any shall beexplained in detail in writing with the offer, with supporting data such as calculation sheetsetc. The procuring entity reserves the right to reject the products, if such deviations shall befound critical to the use and operation of the products.

5.1.4. The tenderers are requested to present information along with their offers as follows:(i). Shortest possible delivery period of each product

(ii). Information on proper representative and/or workshop for back-up service/repair andmaintenance including their names and addresses.

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SECTION VI – SCHEDULE OF REQUIREMENTS

PROJECT NO.1

SUB-COUNTY BONDO

WARD YIMBO EAST

SITE YALA RIVER DELTA SELF HELP GROUP

S/NO ITEM DESCRIPTION QUANTITY UNITUNITCOST TOTAL

1 Rising MainSupply & Installation of main pipeline (UPVC, Class C) forconveyance of water from the intake to the reservoir (3" dia.) 500 M

2 Main Lateralsupply & Installation of main lateral (UPVC, Class C)forconveyance of water from reservoir storage to the field(2" dia.) 600 M

3 Intake Requirements Construction of Pump House 1 No.

Development of Sump and Inlet Channel 10 cu. M

4 Reservoir TowerConstruction of Reinforced Concrete Water Tower 1m high (4No.) 16 cu. M

5 Irrigation Kit Supply and install Standard Drip Irrigation Kit and accessories 10 acre

6 Engine water Pump Supply and install 14 - 16 HP pump; Diesel-Driven 1 No.

7 Storage TankSupply and install UPVC tank 5 cubic metre, either ROTO orKENTANK 4 No.

8 Irrigation systemConnection &Commission

Connection of the Water Supply system from the Intake, toReservoirs, to the Irrigation kits and Commissioning of the system

10 acres

SUB-TOTAL

PROJECT 2

SUB-COUNTY BONDO

WARD WEST SAKWA

SITE

S/No Item Description Quantity Unit Unit Cost Total



3 Intake Requirements Construction of Pump House 1 No.

4 Reservoir TowerConstruction of Reinforced Concrete Water Tower 2m high - 4pillars and slab (4 No.) 32 cu. M


6 Engine water Pump Supply and Install 14 - 16 HP pump; Diesel-Driven 1 No.


8 Irrigation systemConnection &Commission

Connection of the Water Supply system from the Intake, toReservoir, to the Irrigation kit and Commissioning of the system

1 Item

SUB-TOTAL

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SUB-COUNTY BONDO

WARD NORTH SAKWA

SITE ENVIRONMENT FARMERS SACCO / ABOM-AJIGO FARMERS GROUP


1 Rising MainSupply & Installation of main pipeline (UPVC, Class C)forconveyance of water from the intake to the reservoir (3" dia.) 800 M


3IntakeRequirements Construction of Pump House 1 No.

4ReservoirTower

Construction of Reinforced Concrete Water Tower 1m high (4No.) 16 cu. M


6Engine waterPump Supply and Install 14 - 16 HP pump; Diesel-Driven 1 No.


8 IrrigationsystemConnection &Commission

Connection of the Water Supply system from the Intake, toReservoir, to the Irrigation kit and Commissioning of thesystem

6 acre

SUB-TOTAL

SUB-COUNTY ALEGO USONGA

WARD NORTH ALEGO

SITE HONO OVC GROUP



2 Main Lateralsupply & Installation of main lateral (UPVC, Class C) forconveyance of water from reservoir storage to the field(2" dia.) 700 M



4ReservoirTower

Construction of Reinforced Concrete Water Tower 1m high (4No.) 16 cu. M






5 acre

SUB-TOTAL

Sub-County Alego Usonga

Ward South East Alego

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Site Bar Olengo Swamp

S/No Item Description Quantity UnitUnitCost Total


2 Main Lateralsupply & Installation of main lateral (UPVC, Class C) forconveyance of water from reservoir storage to the field(2" dia.) 1200 M



4ReservoirTower

Construction of Reinforced Concrete Water Tower 2m high - 4pillars and slab (4 No.) 32 cu. M






8 acre

SUB-TOTAL

SUB-COUNTY RARIEDA

WARD SOUTH UYOMA

SITE NYANGOYE-NDUNYA YOUTH GROUP


1 Rising MainSupply & Installation of main pipeline (UPVC, Class C)forconveyance of water from the intake to the reservoir (3" dia.) 1,000 M



4ReservoirTower







10 acre

SUB-TOTAL

SUB-COUNTY RARIEDA

WARD WEST ASEMBO

SITE RARIEDA-NYAMARAMBE



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2 Main Lateral

supply & Installation of main lateral (UPVC, Class C)forconveyance of water from reservoir storage to the field(2"dia.) 800 M



4ReservoirTower

Construction of Reinforced Concrete Water Tower 2m high -4 pillars and slab (4 No.) 32 cu. M

5 Irrigation KitSupply and install Standard Drip Irrigation Kit andaccessories 8 acre





8 acre

SUB-TOTAL

SUB-COUNTY RARIEDA

WARD NORTH UYOMA

SITE RUMA

S/NO ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL

COST





4ReservoirTower







10 acre

SUB-TOTAL

SUB-COUNTY RARIEDA

WARD WEST UYOMA

SITE OBENGE HORTICULTURAL PRODUCERS, WANGAPALA VILLAGE


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4ReservoirTower







6 acre

SUB-TOTAL

GRAND TOTAL

The Tender involves the construction and commissioning of Irrigation projects (referred to as the Client) bythe successful tenderer (referred to as the (Tenderer). The contract entails construction and commissioning ofthe following:-

PROJECT LOCATION AND ESTIMATES

S/NO WARD SUB-COUNTY SIZE(ACRES)

SOURCE OF WATER

1. Yimbo East Bondo 10 River Yala Swamp2. West Sakwa Bondo 6 River Yala3. North Sakwa Bondo 6 River Yala4. North Alego Alego 5 Obel/Hayadha Stream5. South East Alego Alego 8 Lake Victoria6. South Uyoma Rarieda 10 Lake Victoria7. West Asembo Rarieda 8 Lake Victoria8. North Uyoma Rarieda 10 Lake Victoria9. West Uyoma Rarieda 6 Lake Victoria

The County intends to enter into one-off contract and the quantities indicated are therefore estimates and willincrease or decrease during the contract period. The Contract will therefore be based on unit rates. TheCounty will raise Service orders as and when required during the contract period.

The Cost should be inclusive of all applicable taxes, delivery within Siaya.

Signature of tenderer ________________________________________________

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

Prices should be inclusive of all applicable taxes.

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SECTION VIII - STANDARD FORMS

Notes on standard forms

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

2. When requested by the appendix to the instructions to tenderers, the tenderershould provide the tender security, either in the form included herein or in anotherform acceptable to the County pursuant to instructions to tenderers clause 12.4.

3. The contract form, the price schedules and the schedule of requirements shall bedeemed to form part of the contract and should be modified accordingly at the timeof contract award to incorporate corrections or modifications agreed by thetenderer and the County in accordance with the instructions to tenderers or generalconditions of contract.

4. The performance security should not be completed by the tenderers at the time oftender preparation. Only the successful tenderer will be required to provideperformance/entity and bank guarantee for advance payment forms in accordancewith the forms indicated herein or in another form acceptable to the County andpursuant to the – conditions of contract.

5. The principal’s or manufacturer’s authorization form should be completed by theprincipal or the manufacturer, as appropriate in accordance with the tenderdocuments.

6. The Preliminary and Technical Evaluation Response Forms should be completedby the tenderer and submitted with the tender documents as they will be used forevaluation.

7. The tenderer's experience requirement form should be completed by the tendererand submitted with the tender document as it will be used for evaluation.

STANDARD FORMS

8.1 Form of tender

8.2 Manufacturer’s Authorization

8.3 Contract form

8.4 Confidential Questionnaire form

8.5 Tender Security Form

8.6 Performance Security Form

8.7 Evaluation Response Forms

8.8 Experience Requirement Form

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8.1 FORM OF TENDER

Tender No: CGS/SCM/OT/2014-2015/137(i) Date:____________

To: The County SecretaryCounty Government of SiayaP. O. Box 804-40600SIAYA

Sir/Madam:

Having examined the Tender documents including Addenda Nos. [....................................................], the receipt of which is hereby duly acknowledged, we, the undersigned, offer tosupply and deliver Irrigation Equipment in conformity with the said Tender documents for thesums as may be ascertained in accordance with the Schedule of Prices attached herewith and madepart of this Tender.

We undertake, if our Tender is accepted, to supply and deliver the Goods in accordance with thedelivery schedule specified in the Schedule of Requirements.

If our Tender is accepted, we undertake to provide a performance security in the form, in theamounts, and within the times specified in the Tender documents.

We agree to abide by this Tender for the Tender validity period specified in Clause 2.10.4 of theAppendix to Instructions to Tenderers, and it shall remain binding upon us and may be accepted atany time before the expiration of that period.

We are not participating, as Tenderers, in more than one Tender in this Tendering process.

Our firm, its affiliates or subsidiaries – including any subcontractors or suppliers for any part ofthe contract – has not been declared ineligible by the Government of Kenya under Kenyan laws.

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

We understand that you are not bound to accept the lowest or any Tender you may receive.

We certify/confirm that we comply with the eligibility requirements as per ITT Clause 1 of theTender documents

Dated this ________________ day of ________________ 20______.

(Name)_________________ __________________________

[signature] [in the capacity of]

Duly authorized to sign Tender for and on behalf of ______________________________

8.2 MANUFACTURER’S AUTHORIZATION FORM

To COUNTY GOVERNMENT OF SIAYA.

WHEREAS …………………………………………………………[ name of themanufacturer] who are established and reputable manufacturers of …………………........[name and/or description of the goods] having factories at………………………………… [address of factory] do hereby authorize………………………… [name and address of Agent] to submit a tender, andsubsequently negotiate and sign the Contract with you against tender No.CGS/AGRI/01/2013-2014for the above goods manufactured by us.

We hereby extend our full guarantee and warranty as per the General Conditions ofContract for the goods offered for supply by the above firm against this Invitation forTenders.

[signature for and on behalf of manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and shouldbe signed by a competent person.

- 39 -

8.3 CONTRACT FORM

THIS AGREEMENT made the ___day of _____20____between………….............. [nameof procurement entity] of ……………….[country of Procurement entity](hereinaftercalled “the Procuring Entity”) of the one part and ……………………[name of tenderer]of ……….[city and country of tenderer](hereinafter called “the tenderer”) of the otherpart.

WHEREAS the County invited tenders for …………………..[brief description ofmaterials and spares] and has accepted a tender by the tenderer for the supply of thosematerials and spares in the spares in the sum of………………………………………[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

(a) the Tender Form and the Price Schedule submitted by the tenderer;(b) the Schedule of Requirements;(c) the Technical Specifications;(d) the General Conditions of Contract;(e) the Special Conditions of Contract; and(f) the County’s Notification of Award.In consideration of the payments to be made by the County to the tenderer as hereinaftermentioned, the tenderer hereby covenants with the County to provide the materials andspares and to remedy defects therein in conformity in all respects with the provisions ofthe Contract

The County hereby covenants to pay the tenderer in consideration of the provision of thematerials and spares and the remedying of defects therein, the Contract Price or such othersum as may become payable under the provisions of the contract at the times and in themanner prescribed by the contract.

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

Signed, sealed, delivered by___________the _________ (for the County)

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

in the presence of_______________.

8.4 CONFIDENTIAL BUSINESS QUESTIONNAIRE

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

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

Part 1 General

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

Part 2 (a) – Sole Proprietor

Your name in full………………………..…………….Age……………..……………………………….Nationality……………………………..……………Country of Origin………..………………………..Citizenship details …………………………………………………..…………………………………….

Part 2 (b) – PartnershipGiven details of partners as follows

Name Nationality Citizenship details Shares1. ………………………………………………………………………..…….……………………………2. ……………………………………………………………………………………………………………3. ……………………………………………………………………………………………………………4. ……………………………………………………………………………………………………………

Part 2 (c) – Registered CompanyPrivate or PublicState the nominal and issued capital of companyNominal Kshs.Issued Kshs.Given details of all directors as followsName Nationality Citizenship details Shares1. ……………………………………………………………………………………………………………2. ……………………………………………………………………………………………………………3. ……………………………………………………………………………………………………………4. ……………………………………………………………………………………………………………

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

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8.5 TENDER SECURITY (BANK/INSURANCE COMPANY GUARANTEE)

Bank/insurance co letterhead

Whereas ………………………………………. [name of the tenderer](hereinafter called “the tenderer”) has submitted its tender dated …………. [date ofsubmission of tender] for the supply, installation and commissioning of……………………[name and/or description of the equipment] (hereinafter called “theTender”) ……………………………………….. KNOW ALL PEOPLE by these presentsthat WE ……………………… of ………………………. having our registered office at

………………… (hereinafter called “the Bank/Insurance Company”), are boundunto …………….. [name of County} (hereinafter called “the County”) in the sum of…………………….. for which payment well and truly to be made to the said CountyGovernment of Siaya, the Bank/Insurance Company binds itself, its successors, andassigns by these presents.

Sealed with the Common Seal of the said Bank/Insurance Company this ____day of2012.

THE CONDITIONS of this obligation are:-

1. If the tenderer withdraws its Tender during the period of tender validityspecified by the tenderer on the Tender Form; or

2. If the tenderer, having been notified of the acceptance of its Tender by theCounty during the period of tender validity:

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

fails or refuses to furnish the performance security in accordance with theInstructions to tenderers;

We undertake to pay to the County up to the above amount upon receipt of its first writtendemand, without the County having to substantiate its demand, provided that in its demandthe County will note that the amount claimed by it is due to it, owing to the occurrence ofone 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 theperiod of tender validity, and any demand in respect thereof should reach theBank/Insurance Company not later than the above date.

[signature of the Bank/Insurance Company]____________________________

[seal]

8.6 PERFORMANCE SECURITY FORM

To ………………………………………….[name of County]

WHEREAS …………………………………… [name of tenderer] (hereinafter called “thetenderer”) has undertaken , in pursuance of Contract No.[reference number of the contract] dated 20 to supply……………………………………………… [description of goods] (hereinafter called“the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the tenderer shallfurnish you with a Bank/Insurance Company guarantee by a reputable Bank/InsuranceCompany for the sum specified therein as security for compliance with the Tenderer’sperformance 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 behalfof the tenderer, up to a total of ………………………. [amount of the guarantee in wordsand figure] and we undertake to pay you, upon your first written demand declaring thetenderer to be in default under the Contract and without cavil or argument, any sum orsums within the limits of …………………….. [amount of guarantee] as aforesaid, withoutyou needing to prove or to show grounds or reasons for your demand or the sum specifiedtherein.

This guarantee is valid until the day of 20

Signed and seal of the Guarantors

[name of Bank/Insurance Company]

[address]

[date]

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8.7 EVALUATION RESPONSE FORMS

8.7.1 Preliminary Evaluation Checklist

Tenderers are advised that 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 processand will not be considered further.

No. Parameters / Requirements Please indicate whetherSubmitted / Not Submitted

1 Copy of certificate of Registration/Incorporation

2 Copy of Valid Tax Compliance certificate issued by theKenya Revenue Authority

3 Tender Form duly Completed, Signed and Stamped by theTenderer in the format provided

4 Price Schedule duly Completed, Signed and Stamped by theTenderer in the format provided

5 Must Submit a Tender Security of Kshs. 150,000 valid for anadditional thirty (30) days after the expiry of the tendervalidity period i.e. 120 days up to 10th May, 2015

6 Must submit a dully filled up Confidential BusinessQuestionnaire in format provided

7 Must submit audited financial statements with annual turnoverof not less than Kshs. 5 million. The audited financialstatements required must be those that are reported within (15)calendar months of the date of tender document. (Forcompanies or firms that are registered or incorporated withinthe last calendar year of the date of the tender document, theyshould submit certified copies of bank statements covering aperiod of at least six months prior to the date of tenderdocument. The copies should be certified by the Bank issuingthe statements. The certification should be original.)

8 Proven Physical location of the company/Firm (attachevidence e.g. title deed, lease agreements, recent utility bill(s)or any other documentary evidence)

9 Must submit at least four (4) names with full contacts as wellas physical addresses of previous customers of similar goodstogether with reference letters from each and copies ofLPOs/Contracts

8.7.2 Technical Evaluation Criteria

The following will form part of the technical evaluation criteria.

No. Criteria Scoring breakdown Aggregatescore

Max points Requirements Scores obtainedPage No.

1 Years of Experience 5yrs and above --------

4yrs3yrs2yrs and below0-1yr

10 10 Attach Proof7531

2 List of assignments(over ksh.5,000,000per annum)

5 assignments and above4 assignments3 assignments and2 assignmemt

0 assignments

10 10 Attach copies ofLPOs/LSOs/Awardletters

8640

3 Qualifications of keypersonnel

CEO Degree/diplomaholder-Assistants-

5 10 Attach copies ofcertificates5

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4 ManufacturersRepresentative

AvailableNot available

10 10 Attach copy ofappointmentletter/contract

0



5 Warranty Over 12 months6-12 MonthsBelow 6monthsNone

10 10 Attachment Statementof warranty7

40

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6 Audited FinancialAccounts(2011/2012)

3yrs –satisfactory2yrs – satisfactory1yr – satisfactoryNone

10 10 Audited FinancialAccounts6

10

7 Financial Capacity Letters of Credit from bankSupplier letterof credit

5 10 Attach copies

5

8 Current StockValue(ksh)

Over 5million3- 4.9 million1-2.9Below 1million

NONE

10 10 Attach proof7410

9 Delivery Period EX- Stock1-2wksOver 2wksOver 4wks

10 10 Statement620

10 Completeness &Clarity of tenderforms

SatisfactoryNot satisfactory

10 10 Clarity of tenderforms0

TOTAL 100

NON PRICE CRITERIA

KEY POINTS

Meets all the specifications 100

Meets most of the specifications 90

Meets many specifications 80

Meets a number of specifications 70

Meets minimum specifications just satisfactory for this criterion 60

Fails to meet the minimum specifications 50

Bidders whose products meet all the specifications will first be considered forfinancial evaluation. If none of the bidders meet all the specifications, those whoscore 90 points will then be considered, followed by 80 points if none scores 90 andlastly 70 points if none score 80.

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8.8 TENDERER’S EXPERIENCE REQUIREMENT FORM

Please give at least four (4) names with full contacts as well as physical addresses of previouscustomers of similar goods together with a reference letters from each and copies ofLPOs/Contracts.

No. Contact Information Details

1 Name of company

Name of contact person

Designation

Telephone number

e-mail address

2 Name of company


Designation

Telephone number

e-mail address

3 Name of company


Designation

Telephone number

e-mail address

4 Name of company


Designation

Telephone number

e-mail address

5 Name of company


Designation

Telephone number

e-mail address