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DEDAN KIMATHI UNIVERSITY OF TECHNOLOGY
TENDER DOCUMENT
FOR SUPPLY AND DELIVERY OF BUILDINGMATERIALS FOR GUARD HOUSE AND COW SHED.
OPEN TENDER
DeKUT/OT/GH&DCS/053/2019-2020
ALL CANDIDATES ARE ADVISED TO READCAREFULLY THIS TENDER DOCUMENT IN ITS
ENTIRETY BEFORE MAKING ANY BID
OCTOBER 2019.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
TABLE OF CONTENTS
Contents pageSECTION I ......................................................................................................................... 4
INVITATION TO TENDER .......................................................................................... 42.1 Eligible Tenderers........................................................................................... 62.2 Eligible Goods ................................................................................................. 62.3 Cost of Tendering ........................................................................................... 62.4. The Tender Document.................................................................................... 72.5 Clarification of Documents ............................................................................ 72.6 Amendment of Documents............................................................................. 72.7 Language of Tender........................................................................................ 82.8 Documents Comprising of Tender ................................................................ 82.9 Tender Forms.................................................................................................. 82.10 Tender Prices............................................................................................... 92.11 Tender Currencies ...................................................................................... 92.12 Tenderers Eligibility and Qualifications................................................... 92.13 Goods Eligibility and Conformity to Tender Documents ....................... 92.14 Tender Security ......................................................................................... 102.15 Validity of Tenders ................................................................................... 102.16 Format and Signing of Tender................................................................. 102.17 Sealing and Marking of Tenders ............................................................. 112.18 Deadline for Submission of Tenders ....................................................... 112.19 Modification and Withdrawal of Tenders .............................................. 112.20 Opening of Tenders................................................................................... 122.21 Clarification of Tenders ........................................................................... 122.22 Preliminary Examination ......................................................................... 132.23 Conversion to Single Currency ................................................................ 132.24 Evaluation and Comparison of Tenders ................................................. 132.25 Preference .................................................................................................. 142.26 Contacting the Procuring entity .............................................................. 142.27 Award of Contract .................................................................................... 142.28 Procuring entity’s Right to Vary quantities ........................................... 152.29 Procuring entity’s Right to accept or Reject Any or All Tenders ........ 152.30 Notification of Award ............................................................................... 152.31 Signing of Contract ................................................................................... 152.32 Performance Security ............................................................................... 152.33 Corrupt or Fraudulent Practices............................................................. 15
SECTION III:.................................................................................................................... 18GENERAL CONDITIONS OF CONTRACT.................................................................. 18
3.1 Definitions...................................................................................................... 183.2 Application .................................................................................................... 193.3 Country of Origin ......................................................................................... 193.4 Standards....................................................................................................... 193.5 Use of Contract Documents and Information ............................................ 193.6 Patent Rights ................................................................................................. 193.7 Performance Security ................................................................................... 193.8 Inspection and Tests ..................................................................................... 20
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
3.9 Packing .......................................................................................................... 203.10 Delivery and Documents........................................................................... 213.11 Insurance ................................................................................................... 213.12 Payment ..................................................................................................... 213.13 Prices .......................................................................................................... 213.14 Assignment................................................................................................. 213.15 Subcontracts .............................................................................................. 213.16 Termination for default ............................................................................ 213.17 Liquidated Damages ................................................................................. 223.18 Resolution of Disputes .............................................................................. 223.19 Language and Law.................................................................................... 223.20 Force Majeure ........................................................................................... 22
SECTION IV .................................................................................................................... 23SPECIAL CONDITIONS OF CONTRACT .................................................................... 23SECTION V...................................................................................................................... 24TECHNICAL SPECIFICATIONS ................................................................................... 24
5.1 General .......................................................................................................... 245.2 PRICE SCHEDULE FOR GOODS ................................................................... 25
SECTION VIII.................................................................................................................. 26STANDARD FORMS ...................................................................................................... 26
Notes to the tenderer ..................................................................................................... 268.1 FORM OF TENDER.......................................................................................... 278.2 CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM ............................. 288.3 TENDER SECURING FORM........................................................................... 298.4 CONTRACT FORM .......................................................................................... 308.5 TECHNICAL EVALUATION FORM – GOODS ............................................ 318.6 LETTER OF NOTIFICATION OF AWARD ................................................... 31
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
INVITATION TO TENDER
SECTION I
DATE: October 2019
TENDER REF NO: DeKUT/OT/GH&DCS/ 053/2019-2020TENDER NAME: Supply and delivery of Guard House and Cow Shed Building Materials.
1.1 Dedan Kimathi University of Technology invites sealed bids from interested bidders forSupply and delivery of Guard House and Cow Shed Building Materials.
1.2 Interested eligible candidates may view and download the tender documents for free fromthe University’s website www.dkut.ac.ke and additionally on the IFMIS portal onwww.supplier.treasury.go.ke for free. For any further clarification visit the procurementdepartment on Monday to Friday in our Main campus along Nyeri- Nyahururu highwayduring working hours 8.00am to 5.00pm or send an email to [email protected]
1.3 Original and a copy of completed tender documents are to be enclosed in plain sealedenvelopes marked Tender Number and without identifying, the sender must be addressed to:
The Vice Chancellor
Dedan Kimathi University of Technology
Private Bag Dedan Kimathi
NYERI-KENYA.
And be deposited in the Tender Box provided at the Entrance to the Resource Center II so as tobe received on or before Thursday 14th November 2019 at 10.00 a.m. at the Entranceto the Resource Centre II.
1.4 Tenders will be opened immediately thereafter in the presence of the Candidates or theirrepresentatives who choose to attend at Dedan Kimathi University of Technology (MainCampus) Resource Centre II Dome.
1.5 Dedan Kimathi University of Technology reserves the right to accept or reject any tender
Vice Chancellor
Dedan Kimathi University of Technology
Private Bag Dedan Kimathi
NYERI-KENYA.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
SECTION II (A) - TENDER SUBMISSION CHECKLIST
This are the mandatory documents required for the Tender. Candidates shall tick against each itemindicating that they have provided it.
No. Item Tick Where
Provided
1 Copy of Certificate of Incorporation /Registration of businessName
2 Copy of VAT Registration Certificate
3 Copy of Pin Certificate
4 Copy of Valid Tax Compliance Certificate
5 Duly Completed filled and signed Confidential BusinessQuestionnaire
6 Dully completed Form of Tender
7 Bank statements for the last six months signed and stamped by theBank on all pages or Signed and Stamped Audited Accounts for thelast 1 year
8. CR12 form showing directorships (Where Applicable)
9. Attach LPO References from at least Three (3) recent previouscorporateclients
10. Attach Company profile
11. Serialization of the bid document up to the last page as articulatedin the PPADA Act 2015 Section 74 (1) including and not limitedto attachments, etc.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
SECTION II (B) - INSTRUCTIONS TO TENDERERS
2.1 Eligible Tenderers
2.1.1 This Invitation for Tenders is open to as described in the Invitation to Tender. Successfultenderers shall complete the supply of goods by the intended completion date specified inthe Schedule of Requirements Section VI.
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.
2.1.3 Tenderers shall provide the qualification information statement that the tenderer (includingall members of a joint venture and subcontractors) is not associated, or have been associatedin the past, directly or indirectly, with a firm or any of its affiliates which have beenengaged by the Procuring entity to provide consulting services for the preparation of thedesign, specifications, and other documents to be used for the procurement of the goodsunder this Invitation for tenders.
2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt andfraudulent practices.
2.2 Eligible Goods
2.2.1 All goods to be supplied under the contract shall have their origin i n eligible sourcecountries.
2.2.2 For purposes of this clause, “origin” means the place where the goods are mined, grown, orproduced. Goods are produced when, through manufacturing, processing, or substantial andmajor assembly of components, a commercially-recognized product results that issubstantially different in basic characteristics or in purpose or utility from its components
2.2.3 The origin of goods is distinct from the nationality of the tenderer.
2.3 Cost of Tendering
2.3.1 The Tenderer shall bear all costs associated with the preparation and submission of itstender, 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.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.3.2 The price to be charged for the hard copies of the tender document shall not exceed Kshs1,000/= and at no cost to those downloading the tender documents from the universitywebsite www.dkut.ac.ke or www.supplier.treasury.go.ke
2.3.3 All firms found capable of performing the contract satisfactorily in accordance with the setprequalification criteria shall be prequalified.
2.4. The Tender Document
2.4.1 The tender document comprises the documents listed below and addenda issued inaccordance with clause 2.6 of these instructions to Tenderers(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 Securing Form(ix) Contract Form(x) Confidential Business Questionnaire
2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and specifications in thetender documents. Failure to furnish all information required by the tender documents or tosubmit a tender not substantially responsive to the tender documents in every respect will beat 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 notify theProcuring entity in writing or by post at the entity’s address indicated in the Invitation toTender. The Procuring entity will respond in writing to any request for clarification of thetender documents, which it receives not later than seven (7) days prior to the deadline forthe submission of tenders, prescribed by the procuring entity. Written copies of theProcuring entities response (including an explanation of the query but without identifyingthe source of inquiry) will be sent to all prospective tenderers that have received the tenderdocument.
2.5.2 The procuring entity 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
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.6.1 At any time prior to the deadline for submission of tenders, the Procuring entity, for anyreason, whether at its own initiative or in response to a clarification requested by aprospective tenderer, may modify the tender documents by amendment.
2.6.2 All prospective candidates that have received the tender documents will be notified of theamendment 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 amendment intoaccount in preparing their tenders, the Procuring entity, 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 documents relating tothe tender exchange by the tenderer and the Procuring entity, shall be written in Englishlanguage, provided that any printed literature furnished by the tenderer may be written inanother language provided they are accompanied by an accurate English translation of therelevant passages in which case, for purposes of interpretation of the tender, the Englishtranslation shall govern.
2.8 Documents Comprising of 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 that the
tenderer is eligible to tender and is qualified to perform the contract if itstender is accepted;
(c) documentary evidence established in accordance with paragraph 2.2 that thegoods and ancillary services to be supplied by the tenderer are eligible goodsand services and conform to the tender documents; and
(d) Tender securing form 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 Schedule furnishedin the tender documents, indicating the goods to be supplied, a brief description of thegoods, their country of origin, quantity, and prices.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.10 Tender Prices
2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and total tenderprice 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, insurancesand delivery to the premises of the entity.
2.10.3 Prices quoted by the tenderer shall be valid for twelve (12) months after the date of tenderopening not subject to variation on any account before the expiry of the period. A tendersubmitted with an adjustable price quotation will be treated as non-responsive and will berejected, pursuant to paragraph 2.22
2.10.4 The validity period of the tender shall be from the twelve (12) months date of opening ofthe tender.
2.11 Tender Currencies
2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the Appendix toInstructions 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 the contract ifits tender is accepted.
2.12.2 The documentary evidence of the tenderers eligibility to tender shall establish to theProcuring entity’s satisfaction that the tenderer, at the time of submission of its tender, isfrom an eligible source country as defined under paragraph 2.1
2.12.3 The documentary evidence of the tenderers qualifications to perform the contract if its tenderis accepted shall be established to the Procuring entity’s satisfaction;
(a) That the tenderer has the financial, technical, and production capability necessary toperform the contract.
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 its tenderdocuments establishing the eligibility and conformity to the tender documents of all goodswhich the tenderer proposes to supply under the contract
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statement in thePrice Schedule of the country of origin of the goods.
2.13.3 The documentary evidence of conformity of t h e goods to the tender documents may be inthe form of literature, drawings, and data, and shall consist of:
(a) a detailed description of the essential technical and performance characteristic of thegoods;
(b) a clause-by-clause commentary on the Procuring entity’s Technical Specificationsdemonstrating substantial responsiveness of the goods and service to thosespecifications, or a statement of deviations and exceptions to the provisions of theTechnical Specifications.
2.14 Tender Security
2.14.1 The tenderer is not required to furnish, as part of its tender, any tender security in this tender asit is for Supply and delivery of Guard House and Cow Shed Building Materials.
2.14.2 The tenderers are required to fill the Tender security form 8.3 provided in the standardtender forms.
2.15 Validity of Tenders
2.15.1 Tenders shall remain valid for 90 days after the date of tender opening prescribed by theProcuring entity, pursuant to paragraph 2.18. A tender valid for a shorter period shall berejected by the Procuring entity as non-responsive.
2.15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderer’s consent to anextension of the period of validity. The request and the responses thereto shall be made inwriting. A tenderer may refuse the request without forfeiting its tender security. A tenderergranting the request will not be required nor permitted to modify its tender.
2.16 Format and Signing of Tender
2.16.1 The Procuring entity shall prepare two copies of the tender, clearly marking each“ORIGINAL TENDER” and “COPY OF TENDER,” as appropriate. In the event of anydiscrepancy between them, the original shall govern.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.16.2 The original and all copies of the tender shall be typed or written in indelible ink and shallbe signed by the tenderer or a person or persons duly authorized to bind the tenderer to thecontract. The latter authorization shall be indicated by written power-of-attorneyaccompanying the tender. All pages of the tender, except for un-amended printed 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 necessary tocorrect errors made by the tenderer, in which case such corrections shall be initialed by theperson 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 separate envelopes, dulymarking the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then be sealedin an outer envelope.
2.17.2 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 for Tenders and the words,“DO NOT OPEN BEFORE, Thursday 14th November 2019 at 10.00 a.m.
2.17.3 The inner envelopes shall also indicate the name and address of the tenderer to enable thetender 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, theProcuring entity 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 Procuring entity at the address specified under paragraph2.17.2 no later than Thursday 14th November 2019 at 10.00 a.m. at the Entrance to the
Resource Centre II.
2.18.2 The Procuring entity may, at its discretion, extend this deadline for the submission oftenders by amending the tender documents in accordance with paragraph 2.6, in which caseall rights and obligations of the Procuring entity and candidates previously subject to thedeadline 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 thatwritten notice of the modification, including substitution or withdrawal of the tenders, isreceived by the Procuring Entity prior to the deadline prescribed for submission of tenders.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, anddispatched in accordance with the provisions of paragraph 2.17. A withdrawal notice mayalso be sent by cable, telex but followed by a signed confirmation copy, postmarked notlater than the deadline for submission of tenders.
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 of tendersand the expiration of the period of tender validity specified by the tenderer on the TenderForm. Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture ofits tender security, pursuant to paragraph 2.14.7
2.19.5 The procuring entity may at any time terminate procurement proceedings before contractaward and shall not be liable to any person for the termination.
2.19.6 The procuring entity shall give prompt notice of the termination to the tenderers and onrequest give its reasons for termination within 14 days of receiving the request from anytenderer
2.20 Opening of Tenders
2.20.1 The Procuring entity will open all tenders in the presence of tenderers’ representatives whochoose to attend, at (the date indicated in the tender advert and in the location specifiedin the Invitation to Tender. The tenderers’ representatives who are present shall sign aregister evidencing their attendance.
2.20.2 The tenderers’ names, tender modifications or withdrawals, tender prices, discounts and thepresence or absence of requisite tender security and such other details as the Procuringentity, at its discretion, may consider appropriate, will be announced at the opening.
2.20.3 The Procuring entity will prepare minutes of the tender opening.
2.21 Clarification of Tenders
2.21.1 To assist in the examination, evaluation and comparison of tenders the Procuring entitymay, at its 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 or substance ofthe tender shall be sought, offered, or permitted.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s tenderevaluation, tender comparison or contract award decisions may result in the rejection of thetenderers’ tender.
2.22 Preliminary Examination
2.22.1 The Procuring entity will examine the tenders to determine whether they are complete,whether any computational errors have been made, whether required sureties have beenfurnished, whether the documents have been properly signed, and whether the tenders aregenerally in order.
2.22.2 The Procuring entity may waive any minor informality or non-conformity or irregularity ina tender which does not constitute a material deviation, provided such waiver does notprejudice or affect the relative ranking of any tenderer.
2.22.3 Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity willdetermine the substantial responsiveness of each tender to the tender documents. Forpurposes of these paragraphs, a substantially responsive tender is one, which conforms to allthe terms and conditions of the tender documents without material deviations. TheProcuring entity’s determination of a tender’s responsiveness is to be based on the contentsof the tender itself without recourse to extrinsic evidence.
2.22.4 If a tender is not substantially responsive, it will be rejected by the Procuring entity andmay not subsequently be made responsive by the tenderer by correction of the nonconformity.
2.23 Conversion to Single Currency
2.23.1 Where other currencies are used, the procuring entity will convert these currencies to KenyaShillings using the selling exchange rate on the date of tender closing provided by theCentral Bank of Kenya.
2.24 Evaluation and Comparison of Tenders
2.24.1 The Procuring entity will evaluate and compare the tenders, which have been determinedto be substantially responsive, pursuant to paragraph 2.22
2.24.2 The tender evaluation committee shall evaluate the tender within 30 days of the validityperiod from the date of opening the tender.
2.24.3 A tenderer who gives false information in the tender document about its qualification orwho refuses to enter into a contract after notification of contract award shall be consideredfor debarment from participating in future public procurement.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.25 Preference and Reservation
2.25.1 This tender is open to all eligible suppliers who meet the qualification procedure.
2.26 Contacting the Procuring entity
2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity on any matterrelated to its 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 Procuring entity 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 Procuring entity will determine to its satisfactionwhether the tenderer that is selected as having submitted the lowest evaluated responsivetender is qualified 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 thetenderers qualifications submitted by the tenderer, pursuant to paragraph 2.12.3 as well assuch other information as the Procuring entity deems necessary and appropriate.
2.27.3 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 theProcuring entity will proceed to the next lowest evaluated tender to make a similardetermination of that Tenderer’s capabilities to perform satisfactorily.
(b) Award Criteria
2.27.4 The Procuring entity will award the contract to the successful tenderer(s) whose tender hasbeen determined to be substantially responsive and has been determined to be the lowestevaluated tender, provided further that the tenderer is determined to be qualified to performthe contract satisfactorily.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.28 Procuring entity’s Right to Vary quantities
2.28.1 The Procuring entity reserves the right at the time of contract award to increase or decreasethe quantity of goods originally specified in the Schedule of requirements without anychange in unit price or other terms and conditions
2.29 Procuring entity’s Right to accept or Reject Any or All Tenders
2.29.1 The Procuring entity reserves the right to accept or reject any tender, and to annul thetendering process and reject all tenders at any time prior to contract award, without therebyincurring any liability to the affected tenderer or tenderers or any obligation to inform theaffected tenderer or tenderers of the grounds for the Procuring entity’s action
2.30 Notification of Award
2.30.1 Prior to the expiration of the period of tender validity, the Procuring entity will notify thesuccessful tenderer in writing that its tender has been accepted.
2.30.2 The notification of award will constitute the formation of the Contract but will have to waituntil the contract is finally signed by both parties
2.30.3 The Procuring entity will promptly notify all tenderers in writing upon completion of theevaluation and award exercise.
2.31 Signing of Contract
2.31.1 At the same time as the Procuring entity notifies the successful tenderer that its tender hasbeen accepted, the Procuring entity will send the tenderer the Contract Form provided in thetender documents, incorporating all agreements between the parties.
2.31.2 The parties to the contract shall have it signed within 30 days from the date of notificationof contract award unless there is an administrative review request.
2.31.3 Within thirty (30) days of receipt of the Contract Form, the successful tenderer shall signand date the contract and return it to the Procuring entity.
2.32 Performance Security
2.32.1 This is not a requirement for this tender.
2.33 Corrupt or Fraudulent Practices
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
2.33.1 The Procuring entity requires that tenderers observe the highest standard of ethics during theprocurement process and execution of contracts when used in the present regulations, thefollowing terms are defined as follows;(i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything 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 influence aprocurement process or the execution of a contract to the detriment of the Procuringentity, and includes collusive practice among tenderer (prior to or after tendersubmission) designed to establish tender prices at artificial non-competitive levelsand to deprive the Procuring entity of the benefits of free and open competition;
2.33.2 The procuring entity will reject a proposal for award if it determines that the tendererrecommended for award has engaged in corrupt or fraudulent practices in competing for thecontract in question.
2.33.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices risksbeing debarred from participating in public procurement in Kenya.
Appendix to Instructions to Tenderers
The following information regarding the particulars of the tender shall complement supplement oramend the provisions of the instructions to tenderers. Wherever there is a conflict between theprovision of the instructions to tenderers and the provisions of the appendix, the provisions of theappendix herein shall prevail over those of the instructions to tenderers
INSTRUCTIONS TO TENDERERSREFERENCE
PARTICULARS OF APPENDIX TOINSTRUCTIONS TO TENDERS
2.1.1 Eligibility The tender is eligible to all interestedbidders who meet the requirements.
2.14.1Tender Security Not required for this tender
2.18.1 Deadline for Submission ofTenders
The tender Closing date is on Thursday14th November 2019 at 10.00 a.m. at theEntrance to the Resource Centre II.
2.3.2 Cost of Tendering A complete set of the tender documentmay be obtained from the University’swebsite www.dkut.ac.ke and additionallyon the IFMIS portal onwww.supplier.treasury.go.ke for free.
2.2.1 Clarification of Tenders A prospective tenderer requiring anyclarification of the
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
tender document may notify DeKUT inwriting (email in
PDF format or by facsimile) at thefollowing address:
The Procurement Officer,
Dedan Kimathi University ofTechnology,
Private Bag-Dedan Kimathi
NYERI, KENYA
E-mail: [email protected]
NB: Any request for clarification must bein the firm’s letterhead, signed and must bein reference to the specific parts of thetender document properly numbered andmust be submitted seven(7) days before thedeadline for submission of tenders.
2.22 Examination of Tenders At the preliminary evaluation stage, thefollowing mandatory requirements thatdetermines a bidder’s responsiveness willbe assessed :-
a) Completed and Signed Form of Tender
b) Tender Security form dully filled
c) Certificate of Incorporation/ Businessregistration
d) Tax compliance certificate fromKRA valid at the time of opening
e) CR12 form showing directorships(Where applicable)
f) Bank statements for the last six monthssigned and stamped by the Bank on all pagesor Signed and Stamped Audited Accounts forthe last 1 year
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
h) Attach LPO References from at leastThree (3) recent previous corporateclients
i)Attach Company profile .J). Serialization of the bid document up tothe last page as articulated in the PPADAAct 2015 Section 74 (1) including and notlimited to attachments, etc.
NB: Bidders who will not meet theabove requirements will be declared non-responsive.
2.22 Examination of Tenders In the technical evaluation stage, onlybidders who have
Been found responsive at thepreliminary stage will be evaluated onthe parameters set in the technicalevaluation criteria
Bids not achieving 55% in the technicalscores will be declared non-responsive.
2.22 Examination of Tenders In the Financial Evaluation stage
Bids responsive at the technical evaluationstage will be evaluated a t t h e f i n a n c i a ls t a g e . The b i d s w i l l b e checked forcosting of all items and payment terms.The best evaluated tender will berecommended for award.
Supply and delivery of Guard House and Cow Shed Building Materials DeKUT/OT/GH&DCS/053/2019-2020
SECTION III: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 Procuring entity and
the tenderer, 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 Contract forthe full and proper performance of its contractual obligations
(c) “The Goods” means all of the equipment, machinery, and/or other materials, whichthe tenderer is required to supply to the Procuring entity under the Contract.
(d) “The Procuring entity” means the organization purchasing the Goods under thisContract.
(e) “The Tenderer’ means the individual or firm supplying the Goods under thisContract.
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3.2 Application
3.2.1 These General Conditions shall apply in all Contracts made by the Procuring entity 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, grownor 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 in theTechnical Specifications.
3.5 Use of Contract Documents and Information
3.5.1 The tenderer shall not, without the Procuring entity’s prior written consent, disclose theContract, or any provision therefore, or any specification, plan, drawing, pattern, sample, orinformation furnished by or on behalf of the Procuring entity in connection therewith, to anyperson other than a person employed by the tenderer in the performance of the Contract.
3.5.2 The tenderer shall not, without the Procuring entity’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 shall remainthe property of the Procuring entity and shall be returned (all copies) to the Procuring entityon completion of the Tenderer’s performance under the Contract if so required by theProcuring entity
3.6 Patent Rights
3.6.1 The tenderer shall indemnify the Procuring entity against all third-party claims ofinfringement of patent, trademark, or industrial design rights arising from use of the Goodsor any part thereof in the Procuring entity’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 Procuring entity the performance security in the amountspecified in Special Conditions of Contract.
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3.7.2 The proceeds of the performance security shall be payable to the Procuring entity ascompensation for any loss resulting from the Tenderer’s failure to complete its obligationsunder 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 Procuring entity and shall be in the form of abank guarantee or an irrevocable letter of credit issued by a reputable bank located in Kenyaor abroad, acceptable to the Procuring entity, in the form provided in the tender documents.
3.7.4 The performance security will be discharged by the Procuring entity and returned to theCandidate not later than thirty (30) days following the date of completion of the Tenderer’sperformance obligations under the Contract, including any warranty obligations, under theContract
3.8 Inspection and Tests
3.8.1 The Procuring entity or its representative shall have the right to inspect and/or to test thegoods to confirm their conformity to the Contract specifications. The Procuring entity shallnotify the tenderer in writing in a timely manner, of the identity of any representativesretained for 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. If conducted onthe 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 nocharge to the Procuring entity.
3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the Procuringentity may reject the equipment, and the tenderer shall either replace the rejected equipmentor make alterations necessary to make specification requirements free of costs to theProcuring entity.
3.8.4 The Procuring entity’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 Procuring entity or its representativeprior to the equipment delivery.
3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty or otherobligations under this Contract.
3.9 Packing
3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent their damageor deterioration during transit to their final destination, as indicated in the Contract.
3.9.2 The packing, marking, and documentation within and outside the packages shall complystrictly with such special requirements as shall be expressly provided for in the Contract
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3.10 Delivery and Documents
3.10.1 Delivery of the Goods shall be made by the tenderer in accordance with the terms specifiedby Procuring entity in its Schedule of Requirements and the Special Conditions of Contract
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 the mannerspecified 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 Contract shallbe specified in Special Conditions of Contract
3.12.2 Payments shall be made promptly by the Procuring entity as specified in the contract
3.13 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 (12months)
3.13.3 Where contract price variation is allowed, the variation shall not exceed 10% of the originalcontract price.
3.13.4 Price variation request shall be processed by the procuring entity within 30 days ofreceiving the 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 Procuring entity’s prior written consent
3.15 Subcontracts
3.15.1 The tenderer shall notify the Procuring entity in writing of all subcontracts awarded underthis Contract if not already specified in the tender. Such notification, in the original tenderor later, shall not relieve the tenderer from any liability or obligation under the Contract
3.16 Termination for default
3.16.1 The Procuring entity may, without prejudice to any other remedy for breach of Contract, bywritten notice of default sent to the tenderer, terminate this Contract in whole or in part
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(a) if the tenderer fails to deliver any or all of the goods within the period(s)specified in the Contract, or within any extension thereof granted by theProcuring 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 orfraudulent practices in competing for or in executing the Contract
3.16.2 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, equipment similar to thoseundelivered, and the tenderer shall be liable to the Procuring entity 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 in thecontract, the procuring entity shall, without prejudice to its other remedies under thecontract, deduct from the contract prices liquidated damages sum equivalent to 0.5% ofthe delivered price of the delayed items up to a maximum deduction of 10% of thedelayed goods. After this the tenderer may consider termination of the contract.
3.18 Resolution of Disputes
3.18.1 The procuring entity 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 both partieshave been unable to resolve amicably a contract dispute, either party may requireadjudication in an agreed national or international forum, and/or international arbitration.
3.19 Language and Law
3.19.1 The language of the contract and the law governing the contract shall be English languageand 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 or termination fordefault if and to the extent that it’s delay in performance or other failure to perform itsobligations under the Contract is the result of an event of Force Majeure.
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SECTION IVSPECIAL CONDITIONS OF CONTRACT
4.1. Special Conditions of Contract shall supplement the General Conditions of Contract.Whenever there is a conflict, between the GCC and the SCC, the provisions of the SCCherein shall prevail over these in the GCC.
42. Special conditions of contract as relates to the GCC
REFERENCE OF GCC SPECIAL CONDITIONS OF CONTRACT
3.21 LiquidatedDamages
Not applicable for this tender
3.14 Payment Payments shall be made promptly by theProcuring entity as specified in the contract,clause 3.12.1
3.22 Resolution ofDisputes
The procuring entity and the tenderer shall makeevery effort to resolve amicably by directinformal negotiation and disagreement or disputearising between them under or in connectionwith the contract, clause 3.18.1
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SECTION VTECHNICAL SPECIFICATIONS
5.1 General
5.1.1 These specifications describe the requirements for goods. Tenderers are requested to submitwith their offers the detailed specifications, for the products they intend 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 thanthose required in these specifications. Deviations from the basic requirements, if any shallbe explained in detail in writing with the offer, with supporting data such as calculationsheets, etc. The procuring entity reserves the right to reject the products, if such deviationsshall be found 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
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5.2 Price schedule for supply and delivery of Guard House and Cow Shed BuildingMaterials.
MATERIALS REQUIRED FOR FABRICATION OF 10 SETS OF 1-HUBTABLES
S/no Item Description Unit ofMeasure
Unit Unit Price Total Price
1. 150mm thick machine cut stones 700 Pcs
2. 225mm thick quarry stones 300 Rft
3. Hoop iron 1 Rolls
4. Reinforcement D16 30 Length
5. Reinforcement D8 22 Length
6. Cement 60 Bags
7. Sand 30 Tns
8. Ballast 21 Tns
9. Hardcore 14 Tns
10. Quarry dust 7 Tns
11. Binding wire 25kgs roll 1 Rolls
12. Red oxide 4 Kgs
13. Silicon sealant 300ml(clear) 2 Pcs
14. Dpm 1000 guage 30 Sm
15. 4x2 cypress timber 50 Rft
16. 3x2 cypress timber 40 Rft
17. 2x2 cypress timber 35 Rft
18. 3” nails 10 Kgs
19. 4” nails 10 Kgs
20. 2½” nails 5 Kgs
21. Roofing nails 1 Kgs
22. Roofing rubbers 1 Kgs
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23. 6x1 gravellia timber 200 Rfts
24. 2½” roofing sheets(varsatiles type) grey 8 Sheets
25. 4mm thick window pane(oneway)1.2mx1.2m
5 Sheets
26. Undercoat (matt emulsion) 4 Gallons
27. Cream silk 1x4 ltrs 2 Gallons
28. Grey primer 1x4 ltrs 3 Gallons
29. Paint brush 1” 3 Pcs
30. Paint brush 6” 4 Pcs
31. Roller 2 Pcs
32. Dove grey 2x4 ltrs 2 Gallons
33. White spirit 1x5ltrs 1 Gallons
34. Gypsum filler (25kgs bag) 1 Bags
35. Ceiling boards (8x4)rft 6 No
36. 2” ceiling nails 1 Kgs
37. Steel putty 5 Kgs
38. Cypress timber corner strip 60 Rft
39. 4mm² twin armored cable 170 Mtrs
40. 2.5mm²(30red,30black,30green) 90 Mtrs
41. 32mmø heavy duty gauge conduit 50 Pcs
42. 32mmø couplers pvc 50 Pcs
43. 13A twin socket outlets 2 No
44. 4 way consumer unit 1 No
45. 1.5mm²(30re,30black,30green) 90 Mtrs
46. 2 gang switch 1 No
47. Insulation tape 3 No
48. T5 LED lighting fitting (2fts long) 2 No
49. T12 LED lighting fitting (4fts long) 2 No
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50. 500watts flood light 1 No
51. 90˚ bend (32mmø) 200 Pcs
52. 1½x1½ square tube 2 Length
53. 1x1x1.5mm square tube 6 Length
54. Black sheet gauge 16 1 Length
55. Bush hinges 1” 6 Pcs
56. Round bar 16mm 4 rfts
57. Round bar 10mm 4 Rfts
58. Black pipe ½” 3 Rfts
59. Z bar 1” 33 Length
60. T bar 1” 10 Length
61. 1x1 square tube 5 Length
62. Flat bar 2x⅛ 5 Length
63. Stopper round 20 Pcs
64. Stopper square 10 Pcs
65. Flat bar 1x¼ 5 Length
66. Window hinges 1” 4 Pcs
67. Welding rods 3.2mm 3 Pkts
68. Cutting disk 9” 15 Pcs
69. Grinding disk 9” 10 Pcs
RENOVATION OF MUNYENI GUEST HOUSE
70. GI plain sheet 8x4ft-24 gauge 160 Sheet
71. 2x1 cypress timber 1,500 Ft
72. Nails 2” 30 Kg
73. Nails 1½” 15 Kg
DAIRY COWSHED MATERIALS.
Ground clearing
74. Grader hiring
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75. Compactor (roller) hiring
Column bases & columns
76. Cement
77. Sand
78. Ballast
79. 200mm thick posts (5m high)
80. Wood preservative(20 ltr bucket)
81. Gradiator
Foundation walling
82. 9x9 undressed natural stones
83. Cement
84. Sand
Floor slab
85. Hardcore
86. Quarry dust
87. 9x6 well-dressed natural stones
88. Cement
89. Sand
90. Water proof cement
Super-structure waling
91. 9x6 well-dressed natural stones
92. Cement
93. Sand
Plaster
94. Cement
95. Sand
Roofing
96. 150x75mm cypress timber
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Signature and stamp of tenderer
Date………………………………………………………
Notes to all Tenderers:a. I n case of discrepancy between unit and total prices, the unit price shall prevail.b. A l l quoted prices must remain valid for the one financial year twelve (12) months.c. Bidders are advised to read the bid document and make their submissions as per the
guidelines of the evaluation criteria.d. Orders are as per as and when requested basis.
97. 75x50mm cypress timber
98. Corrugated iron sheets g30(3m)
99. Roofing caps
100. Roofing nails
101. 4” nails (50kgs bag)
102. 3” nails(50gkgs bag)
Stall partitioning’s
103. 150x75mm cypress timber (2m high)
104. 75x50mm cypress timber
105. 4” nails (50kgs bag)
106. 3” nails(50gkgs bag)
Feeding through partitioning’s
107. GI pipe 2”
108. Cutting disk 9”
109. Welding rods
110. Grinding disk 9”
111. Grey primer 1x4 ltrs
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SECTION VIIISTANDARD FORMS
Notes to the tenderer
1. Form of Tender - The form of tender must be completed by the tenderer andsubmitted with the tender documents. Duly authorized representatives of the tenderer must also duly signit.
2. Confidential Business Questionnaire Form - This form must be completed by thetenderer and submitted with the tender documents.
3. Tender Security Form - When required by the tender documents the tender shallprovide the tender securing either in the form included herein or in another formatacceptable to Dedan Kimathi University of Technology
4. Contract Form - The Contract Form shall not be completed by the tenderer at thetime of submitting the tender. The Contract Form shall be completed after contract award andshould incorporate the accepted contract price.
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To:
8.1 FORM OF TENDERDateTender No.
[name and address of procuring entity]
Gentlemen and/or Ladies:
1. Having examined the tender documents including AddendaNos. ………………………………. [insert numbers] .the receipt of which is hereby dulyacknowledged, we, the undersigned, offer to supply deliver, install and commission (…………………………………………… (insert equipment description) in conformity with thesaid tender documents for the sum of …………………………………………………………. (totaltender amount in words and figures) or such other sums as may be ascertained in accordance withthe Schedule of Prices attached herewith and made part of this Tender.
2. We undertake, if our Tender is accepted, to deliver install and commission the equipmentin accordance with the delivery schedule specified in the Schedule of Requirements.
3. If our Tender is accepted, we will obtain the guarantee of a bank in a sum of equivalentto percent of the Contract Price for the due performance of the Contract , in theform prescribed by ………………. ……………….( Procuring entity).
4. We agree to abide by this Tender for a period of …… [number] days from the date fixedfor tender opening of the Instructions to tenderers, and it shall remain binding upon us and may beaccepted at any time before the expiration of that period.
5. This Tender, together with your written acceptance thereof and your notification ofaward, shall constitute a Contract, between us. Subject to signing of the Contract by the parties.
6. We understand that you are not bound to accept the lowest or any tender you mayreceive.
Dated this day of 20
[Signature] [In the capacity of]
Duly authorized to sign tender for an on behalf of
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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. .................................. Email.....................................Nature of Business ................................................................................................................Registration Certificate /Certificate of incorporation No…………………………………………Business Permit / license No. ................................................................................................Pin Number……………………………………………….Tax compliance No……………………………………………….Tax compliance status ………………………………..Name of your bankers............................................................................................................Branch....................................................................................................................................
Part 2 (a) – Sole ProprietorYour name in full…………………………………………….....I.D NO……………………Nationality……………………………Country of Origin……………………………..Citizenship details……………………………………………………..
Part 2 (b) – PartnershipGiven details of partners as followsName Nationality Citizenship details /ID No. Shares
1. …………………………………………………………………………………………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 Shares
1. …………………………………………………………………………………………2. …………………………………………………………………………………………3. …………………………………………………………………………………………4. …………………………………………………………………………………………
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DECLARATION NOT TO ENGAGE IN CORRUPTION
I hereby declare that I will not be engaged in corrupt or fraudulent practice and that I have not been debarred fromparticipating in procurement proceedings.
SIGNED…………………………. DATE……………………….
STAMP……………………………………
Date……………………………………….Signature of Candidate………………………..
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8.3 TENDER SECURITY FORM
Whereas ………………………………………. [name of the tenderer]
(hereinafter called “the tenderer”) has submitted its tender dated …………. [dateof 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 thesepresents that WE ……………………… of ………………………. having our registeredoffice at ………………… (hereinafter called “the Bank”), are bound unto
…………….. [name of Procuring entity} (hereinafter called “the Procuring entity”)in the sum of …………………….. for which payment well and truly to be made to thesaid Procuring entity, the Bank binds itself, its successors, and assigns by these presents.
Sealed with the Common Seal of the said Bank this day of20 .
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 theProcuring 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 firstwritten demand, without the Procuring entity having to substantiate its demand, provided that in itsdemand the Procuring entity will note that the amount claimed by it is due to it, owing to theoccurrence of one or both of the two conditions, specifying the occurred condition orconditions.
This tender guarantee will remain in force up to and including thirty (30) days after the periodof tender validity, and any demand in respect thereof should reach the Bank not later than theabove date.
[signature of the bank]
(Amend accordingly if provided by Insurance Company)
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8.4 CONTRACT FORM
THIS AGREEMENT made the day of 20 between……………… [name of Procurement entity) of ……….. [Country of Procurement entity](Hereinafter called “the Procuring entity) of the one part and …………………….. [name oftenderer] of ………….. [city and country of tenderer] (hereinafter called “the tenderer”) of theother part;
WHEREAS the Procuring entity invited tenders for certain goods ] and has accepted a tender by thetenderer for the supply of those goods in the sum of …………………………… [contract price inwords and figures] (hereinafter called “the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract referred to:
2. The following documents shall be deemed to form and be read and construed as part of thisAgreement viz:
(a) the Tender Form and the Price Schedule submitted by the tenderer
(b) the Schedule of Requirements
(c ) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of contract; and
(f) the Procuring entity’s Notification of Award
3. In consideration of the payments to be made by the Procuring entity to the tenderer ashereinafter mentioned, the tender hereby covenants with the Procuring entity to provide the goodsand to remedy defects therein in conformity in all respects with the provisions of the Contract
4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provisionsof the goods and the remedying of defects therein, the Contract Price or such other sum as maybecome payable under the provisions of the Contract at the times and in the manner prescribed bythe contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordancewith their respective laws the day and year first above written.
Signed, sealed, delivered by the (for the Procuring entity
Signed, sealed, delivered by the (for the tenderer in the presence ofAmend accordingly if provided by Insurance Company)
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8.5 TECHNICAL EVALUATION FORM – GOODS
The tenderer is expected to complete part 1 and 3 of this form
Part 1. General Information
Tenderers Name ………………………………………………………………………….Postal Address …………………………………………………………………………….Tel No. …………………………………………. Fax ……………………………………..E mail ………………………………………………………………………………………..Physical Address……………………………………………………………………………Tender No ………………………………………..Description……………………………Website……………………………….......................
Part 2. Evaluation Stages
Stage 1: Preliminary Evaluation
Preliminary Evaluation Worksheet
Required Items Available Not Available
1.Copy of Certificate of incorporation/ Registration of
Business Name
2. Copy of VAT Certificate
3. Copy of Pin Certificate
4. Copy of Valid Tax Compliance Certificate
5. Duly Completed signed and stamped Confidential BusinessQuestionnaire
6. Dully completed Form of Tender
7. Bank statements for the last six months signed and stamped bythe Bank on all pages or Signed and Stamped AuditedAccounts for the last 1 year
8. CR12 form showing directorships (w h e r ea p p l i c a b l e )
9. Attach LPO References from at least Three (3) recent previouscorporate clients
10. Attach Company profile.
11. Serialization of the bid document up to the last page asarticulated in the PPADA Act 2015 Section 74 (1) includingand not limited to attachments, etc.
Yes No
1. Supply of Goods on Credit
2. Delivery of Goods to University Campus
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The tenderer must qualify in ALL of the above in order to proceed to the Evaluation Stage 2Stage 2: Technical Evaluation stage
No Requirement Max. Points Points Awarded Remarks
1. Supplier Availability:Contact person (1mark)Telephone (1mark)Location (1mark)Postal Address (1mark)Website (1mark)
5
2. Certificate of incorporation/ Registration of BusinessName
5
3. VAT Certificate 5
4. Valid Tax Compliance Certificate 5
5. Pin Certificate 5
6. Dully filled Business Questionnaire 5
7. Dully Filled and signed Form of Tender 4
8. Bank statements for the last six months signed andstamped by the Bank on all pages or Signed andStamped Audited Accounts for the last 1 year
6
9. CR12 form showing directorships (whereapplicable).
3
10. Attach Company profile . 6
11. Supply of goods on credit and delivery to theUniversity ( tick page 31 as appropriate)
5
12. Value of Business the Firm can handle at once:Less than; shs.100,000.00 (1 mark)Kshs.100,000.00-400,000.00 (3 marks)Kshs.400,000.00 Upwards (5 marks)
5
13. Attach LPO References from at least Three (3) recentprevious corporateclients
6
14. Serialization of the bid document up to the lastpage as articulated in the PPADA Act 2015Section 74 (1) including and not limited toattachments, etc.
5
TOTAL POINTS 70
NOTE:
For a tenderer to qualify for the recommendation of award, they must achieve a pass mark of55% cumulative total for stages 2 above to qualify for financial evaluation .Bidders who donot achieve the required pass mark will be automatically deemed non-responsive.
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(The Technical Evaluation Team may visit the physical premises of the tenderer to verify andaward points accordingly based on the following requirements)
Part 3: Declaration (For the Tenderer only)
(The tendered is expected to state categorically whether he/she will/will not accept to be evaluatedon the above criteria)
Q. Will you accept your bid to be evaluated based on the above criteria and abide by themduring the entire period of the tender? (Tick appropriately below)
No Yes
Official Stamp …………………………….............. Sign…………………
For Official Use Only(The Team Leader of Evaluation Team will make comments below based on the findings aboutthe tenderer)-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Accept the Firm Reject the Firm
Sign.…………………………………........................ Date …………………
Approved /Not ApprovedMembers of Committee
Name Signature Date
1. ---------------------------------------------------------------
2. ---------------------------------------------------------------
3. ---------------------------------------------------------------
4. ---------------------------------------------------------------
5. ---------------------------------------------------------------
6. ---------------------------------------------------------------
7. ---------------------------------------------------------------
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8.6 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 beenawarded 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)
Vice Chancellor
Dedan Kimathi University of Technology
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